Services and Utilities. Throughout the Lease Term, Landlord agrees to furnish to Tenant the following services: (2) Adequate supplies for toilet rooms; (3) Normal and usual cleaning services for the Premises (except for the computer room) after business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms; (4) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge; (5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas; (6) ▇▇▇▇▇▇▇ of all Building standard ceiling lighting fixtures in the Premises; and (7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the Premises or parking lot from time to time.
Appears in 2 contracts
Sources: Deed of Office Lease (Mercator Software Inc), Deed of Office Lease (Mercator Software Inc)
Services and Utilities. Throughout (a) Tenant shall be solely responsible for obtaining service and thereafter paying the Lease Termcost of all electrical service required for Tenant's use of the Premises, which includes, but is not limited to, electrical services required for the heating and air conditioning system ("HVAC") for the Premises, and the use of the Premises by Tenant. In this regard, the Premises shall be separately metered for electrical consumption and Tenant shall pay all such amounts due prior to delinquency. As provided in the Work Letter Agreement (which includes the agreed upon electrical specifications for the Premises), Landlord agrees shall cause all electrical distribution to furnish be installed within the Premises. The failure of such electrical service to be provided to the Premises, or any cessation thereof, shall not render Landlord liable in any respect for damages to either person or property, nor be construed an eviction of Tenant, nor cause an abatement of rent, or relieve Tenant from the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for fulfillment of any covenant or agreement thereof. Whenever heat generating machines or equipment are used in the Premises (except for or Tenant's use of the computer room) after Premises beyond customary business hours each day except (7:00 a.m. to 7:00 p.m., Monday through Friday, and 7:00 a.m. to 12:00 p.m. on Saturdays, Sundays Saturdays (federal and legal state holidays recognized excepted) ("BUSINESS HOURS")) adversely affect the temperature otherwise maintained by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heatingair conditioning system, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate install supplementary air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in units for the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ cost thereof, including the cost of all Building standard ceiling lighting fixtures in installation, and the Premises; and
(7) An electronic card-key building cost of operation and maintenance thereof, shall be paid by Tenant to Landlord upon demand by Landlord. Tenant shall be entitled to access system which will provide Tenant with to the Premises twenty-four (24) hours per a day, seven (7) days per week access to a week. Landlord shall maintain and keep lighted the common stairs, common entries and toilet rooms in the Building. Subject to Tenant's obligation to pay for the required electricity, PremisesLandlord shall cause the HVAC to maintain the Premises at an approximate range of between 72 degrees and 74 degrees Fahrenheit (plus or minus 2 degrees Fahrenheit) during the Business Hours, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access which service shall be provided to the Premises by HVAC system described in the Work Letter Agreement. As set forth in the Work Letter Agreement, the Premises shall comply with the requirements of ASHRAE Standard 62-1989 (20 CFM per occupant for office type occupancy or parking lot from time as otherwise required by applicable law). Landlord shall not be liable for, and Tenant shall not be entitled to, any reduction of rental by reason of Landlord's failure to timefurnish 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; person or Tenant's business occurring through or in connection with or incidental to failure to furnish such utilities.
(b) If Tenant shall require water in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall pay Landlord for such excessive use (in excess of water consumption provided for general office use for tenants in the vicinity of the Building) upon written demand by Landlord. If Tenant's utility requirements are excessive, Landlord may cause a water meter to be installed in the Premises so as to measure the amount of water consumed for any such use. The cost of any such meters and of installations, maintenance and repair thereof shall be paid for by the Tenant and Tenant agrees to pay to Landlord promptly upon demand therefore by Landlord for all such water currently consumed as shown by said meters, at the rates charged for such services by the local utility furnishing the same, plus any additional expense incurred in keeping account of the water will be established by an estimate made by a utility company, in which case such expense shall not be included within Direct Expenses.
(c) Tenant acknowledges that the use of the HVAC system during non-Business Hours shall result in excessive wear and tear on such system, accordingly, if Tenant intends to utilize non-Business Hours HVAC service on a regular reoccurring basis (more than two (2) hours a day, for in excess of an average of seven (7) days a calendar month, for three (3) consecutive calendar months), Landlord shall have the right to obtain a service agreement for such system, which provides for maintenance, repair and replacement, the cost of which shall be paid directly by Tenant (such costs shall not be within the definition of Direct Expenses).
Appears in 2 contracts
Sources: Office Building Lease (Doubleclick Inc), Office Building Lease (Abacus Direct Corp)
Services and Utilities. Throughout Except to the Lease Termextent that the same are contracted for directly by the Tenant and the service provider, Landlord agrees shall provide at its expense, subject to furnish to Tenant the following services:
reimbursement under Section 2.2, (2a) Adequate supplies for toilet rooms;
heating, ventilation, and air conditioning (3HVAC) Normal and usual cleaning services for the Premises (except for the computer room) after during business hours each day except on Saturdays(i.e., Sundays Monday through Friday, 7:00 a.m. through 7:00 p.m. and legal holidays recognized by Saturday, 8:00 a.m. through 1:00 p.m., but excluding New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas) to maintain temperatures for comfortable use and occupancy in light of Tenant’s Improvements and otherwise in accordance with the United States Government as specifications set forth in Exhibit EA attached hereto; Hot (b) nightly janitorial services to the Premises during business days; (c) hot and --------- cold running water sufficient for drinking, lavatory, toilet, and ordinary cleaning purposes twenty-four hours a day, seven days a week; (d) electricity to the Premises that provides electric current in reasonable amounts necessary for normal office use, lighting, and HVAC twenty-four hours a day, seven days a week; (e) replacement of lighting tubes, lamp ballasts, and bulbs with “building standard” tubes, ballasts and bulbs; (f) extermination and pest control when necessary; (g) elevator services to the Premises (with at least one (1) elevator operating at all times); and (h) maintenance in a manner comparable to other first class office buildings in the bathrooms;
area at Loudoun County wherein the Premises are located. The maintenance shall include without limitation cleaning, HVAC, illumination, snow shoveling, deicing, repairs, replacements, lawn care, and landscaping. Tenant shall have access to the Premises 24 hours a day, 7 days a week, however, Landlord may restrict access, in a manner approved by Tenant so long as Tenant is the sole Building tenant, by requiring persons to show a badge or identification card or to use an access card issued by Tenant (4) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"with copies to Landlord). Landlord reserves shall not permit its cleaning and janitorial crews to access the right Premises for cleaning on any business day prior to establish 7:00 p.m. unless approved or otherwise requested by Tenant. Notwithstanding the foregoing, Tenant shall have the right, but not the obligation, to cause Landlord to not provide cleaning services to the Premises in which event Tenant shall be responsible for cleaning the Premises and collect a charge shall pay the cost of the same directly to its specialized vendors of cleaning services. In such event, the cost allocation for air cooling/heating utilized cleaning services included in the Operating Expenses shall be deducted from Operating Expenses and will not be included in the Additional Rent otherwise due and payable by Tenant to Landlord. If Tenant elects to provide its own cleaning services, the company providing the same, and the cleaning specifications, shall be subject to Landlord’s reasonable approval. Landlord may temporarily close the Building if reasonably required because of a life-threatening or Building-threatening situation. Landlord shall use its best efforts to close the Building during nonbusiness hours only and to restore full operation of the Building as soon thereafter as is practicable. Whenever during the Base Year, and thereafter whenever Tenant is leasing less than the entire Building, Tenant is using extra services or utilities or electricity because of nonbusiness-hours use, or use above that typical of commercial tenants in buildings similar to the Building. Landlord will directly charge Tenant only for the actual charges therefor limited to (a) the actual cost of utilities and (b) the actual cost of any direct labor required to provide such service. Landlord will provide extra HVAC and/or days other than electricity upon reasonable advance verbal notice. Extra hours HVAC will be supplied at the rate of $35 per hour per floor during Building Standard Hours, but the Base Year subject to increases thereafter for only direct increases in the cost of the utilities used to provide HVAC service. Unless Tenant receives Landlord's failure to establish and/or collect such charge ’s advance written consent Tenant shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures place or operate in the Premises any electrically operated equipment or other machinery other than personal computers, reproduction machines, fax machines, and other machinery and equipment normally used in offices, or are equipment or machinery of the Common Areas;
type located as of the date of this Lease in the space Tenant is currently leasing in the Ridgetop One office building. Landlord shall not unreasonably withhold, condition, or delay its consent, but Landlord may require payment for the actual charges for extra use of electricity caused by operating this equipment or machinery. Landlord may require that special, high electricity consumption installations of Tenant not customary of installations by typical office tenants (6but expressly excluding personal computers, servers, printers, fax machines, customary cooking and kitchen equipment and office photocopy machines) be separately sub-metered for electrical consumption at Tenant’s cost. Any supplemental HVAC system installed by Tenant shall be separately submetered at Tenant’s expense and Tenant will pay for electricity consumed by that system. Tenant’s failure to pay the charges above within thirty (30) days of receiving a proper and correct invoice shall entitle Landlord to the same remedies it has upon Tenant’s failure to pay Rent. Landlord does not warrant that any services Landlord supplies will not be interrupted. Services may be interrupted because of accidents, repairs, alterations, improvements, labor disputes, force majeure, or any reason beyond the reasonable control of Landlord. Provided Landlord is using reasonable efforts to restore the service, any interruption shall not (a) be considered an eviction or disturbance of Tenant’s use and possession of the Premises; (b) make Landlord liable to Tenant for damages; (c) ▇▇▇▇▇ Rent or Additional Rent except as provided below or (d) relieve Tenant from performing Tenant’s Lease obligations. Notwithstanding the foregoing or anything to the contrary set forth in this Lease, in the event any services are interrupted for any reason (including life threatening or Building threatening reasons), and such interruption renders all or any portion of the Premises untenantable (which for purposes hereof shall mean unable to be occupied for conduct of Tenant’s business therein as currently being conducted) for five (5) consecutive days, then from and after the sixth day of such interruption Tenant shall be entitled to an equitable abatement of all Rent and Additional Rent with respect to the portion of the Premises rendered untenantable, which abatement shall continue until such time as the affected portion is rendered tenantable. If a substantial portion of the Premises is rendered untenantable such that Tenant cannot effectively conduct its business in the remaining portion of the Premises, then all Rent and Additional Rent shall ▇▇▇▇▇ during the pendency of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per dayremainder of such untenantability, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges shall thereafter be equitably abated as and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to when the Premises or parking lot from time portions thereof again become tenantable such that Tenant can effectively conduct its business therein until the whole Premises becomes tenantable. In the event any such interruption causes untenantability of a material portion of the Premises and continues for one hundred eighty (180) calendar days, Tenant shall be entitled to timeterminate this Lease.
Appears in 1 contract
Sources: Lease (Neustar Inc)
Services and Utilities. Throughout the Lease Term(a) Subject to Tenant’s obligations specified in this Lease, Landlord agrees to furnish to Tenant shall provide the following services:
, each in a manner consistent with other first class office buildings in Washington D.C.: (1) heating, ventilation and air-conditioning (“HVAC”) furnished to the Premises during the Building Hours in the seasons they are required and in accordance with the terms of Exhibit N; (2) Adequate supplies for toilet rooms;
janitorial service on Monday through Friday only (3) Normal and usual cleaning services for excluding the holidays set forth in Section 1.12 of this Lease (after 6:30 p.m. within the Premises (except for and substantially in accordance with the computer room) after business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as specifications set forth in Exhibit E; Hot I attached hereto), (3) electricity of up to seven (7) w▇▇▇▇ per rentable square foot for Tenant’s normal office power usage (provided that Landlord agrees to provide up to ten (10) w▇▇▇▇ per rentable square foot in the event Tenant demonstrates to Landlord Tenant’s need for such additional wattage), (4) standard hot and --------- cold running water in the bathrooms;
Building standard bathrooms for lavatory and drinking purposes at all times subject to repair, maintenance and emergency, (45) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdayselevator service (with at least two (2) elevators in operation at all times, except in the event of an emergency), (6) exterior window-cleaning service which shall be provided in accordance with the cleaning specifications attached hereto as Exhibit J; (7) landscaping and snow removal during the seasons they are required. If in any applicable portion of the Premises an excessive and unreasonable amount of equipment are stored, used or operated beyond in excess of the applicable design requirements for such space, Landlord shall not be liable for any failure to maintain comfortable atmosphere conditions in such portion of the Premises or any applicable portion of the Premises directly impacted by such portion of the Premises, including due to excessive heat generated by any equipment or machinery installed by Tenant. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same, subject to repair and maintenance from time to time, provided Tenant gives Landlord (i) with respect to a weekday that is part of Building Hours, written notice prior to 3:00 pm on legal holidays recognized such weekday, (ii) with respect to a Saturday that is part of Building Hours, written notice prior to 3:00 pm on the immediately preceding Friday (provided that such Friday is part of Building Hours (i.e., it is not a holiday) and if such Friday is not part of Building Hours, then prior to 3:00 pm on the last day that is part of Building Hours immediately preceding such Saturday) and (iii) with respect to a Sunday or any other day that is not part of Building Hours, written notice prior to 3:00 pm on the last weekday that is part of Building Hours immediately preceding such Sunday or other day that is not part of Building Hours, and each such written notice shall include the requested duration of such after hour HVAC, and the applicable floor(s) and zone(s). Tenant shall pay, as additional rent, for such extra service a per-hour, per-zone charge in accordance with Landlord’s standard cost schedule, as it may be increased from time to time (based on the actual cost incurred by Landlord to provide such services without a profit increment but taking into consideration the United States Government time of any Building engineer or property manager and additional wear and tear on the Building systems); provided, however that in no event shall Tenant be charged more for such service on an hourly basis than any other tenant in the Building is charged. As of the date of this Lease, the current charge for such service is Fifty-Five Dollars ("$55.00) per-hour, per-zone with two zones on each floor. If the same after-hours service is also requested by other tenants on the same floor as Tenant, the charge therefor to each tenant requesting such after-hours service shall be a pro-rated amount based upon the square footage of the leased premises of all tenants on the same floor requesting such after-hours services. Landlord agrees to provide an access-control system in the Building Standard Hours"comparable to the system in first-class office buildings in the downtown Washington, D.C. area, which is designed to provide secured access to tenants of the Building and Landlord designees only. A description of such access-control system is attached as Exhibit G. Such access-control system shall permit Tenant to have access to the Premises on a 24-hour, seven-days-a-week basis (except in the event of emergency). Landlord reserves shall, at its cost, provide an initial set of access cards to the right Building and the Garage in an amount equal to establish and collect a charge for air cooling/heating utilized the number of employees of Tenant who work at the Premises as of the Lease Commencement Date; provided, however, that any replacement or additional cards requested by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will shall be Fifty Dollars ($50.00) per hourprovided by Landlord and Tenant shall reimburse Landlord for Landlord’s cost therefor. In addition, upon Landlord’s reasonable approval, which may include reasonable additional security procedures, Tenant shall have the right, at Tenant’s sole cost and as an Alteration subject to change the terms of Article X, to install its own access-control system for the Premises to restrict access to the Premises and to provide for the use of the existing fire stairs for internal travel within the Premises and Tenant shall have the right, upon the reasonable approval of Landlord, to tie such additional access-control system into the access-control system for the Building. Landlord shall, as part of Operating Expenses, use commercially reasonable efforts to cause the main Building lobby exterior door to only provide access to the Building by a security or proximity card after 7 p.m. until the next weekday morning at 7 a.m., at which point such door may provide access to the Building without a security or proximity card (subject to remaining open from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs onlyfor special events). Landlord acknowledges shall, as part of Operating Expenses, (i) provide for at least one (1) security guard to be in the Building on a 24-hour, seven-days-a-week basis, and (ii) cause commercially reasonable procedures to be in place that require visitors to the separate air conditioning unit servicing Building to sign-in a log upon entry. In the computer room event Landlord offers any other material amenities or services to any other tenants of the Building, such amenities or services shall be offered to Tenant on the same basis as offered to other tenants of the Building.
(b) Landlord may install checkmeters to electrical circuits serving Tenant’s equipment to verify that Tenant is not subject consuming excessive electricity. If such checkmeters indicate that Tenant’s average electricity consumption is excessive, then Landlord may install at Tenant’s expense submeters to the foregoing additional charge;
ascertain Tenant’s actual electricity consumption, and Tenant shall thereafter pay for such consumption over ten (510) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇w▇▇▇▇ per rentable square foot at the then-current price per kilowatt hour charged Landlord by the utility. Tenant’s electricity consumption shall be deemed excessive if the electricity consumption in the Premises per square foot of all Building standard ceiling rentable area (including, without limitation, electricity consumed in connection with outlets and lighting fixtures use) during any billing period exceeds ten (10) w▇▇▇▇ per rentable square foot.
(c) Tenant shall reimburse Landlord for the cost of any excess water, sewer and chiller usage in the Premises; and. Excess usage shall mean more than twenty percent (20%) above the estimated usage in the Premises (per square foot of rentable area) during any billing period over the average usage (per square foot of rentable area) during the same period for the entire Building, as reasonably calculated by Landlord.
14.2 Tenant’s employees who work in the Building on a regular basis may use the Fitness Center (7which may be unattended) An electronic cardat no additional cost to Tenant or Tenant’s employees throughout the Lease Term (as extended) on a non-key building access system which will provide Tenant with exclusive, first-come, first-served basis, twenty-four (24) hours per dayday each day of the year (except in the event of an emergency and subject to reasonable rules and regulations). Notwithstanding the foregoing terms of this Section 14.2, seven Landlord shall have the right to terminate the operation of the Fitness Center if such use becomes prohibited by applicable Laws or if insurance for the Fitness Center is no longer available (7) days per week it being understood that Landlord may pass through increases in the cost of insurance for the Fitness Center as an Operating Expense pursuant to the terms of Article V hereof). Landlord shall provide an access-control system for the Fitness Center consistent with the access-control system for the Building which is designed to provide secured access to tenants of the Building and Landlord’s designees only, and in addition, Landlord shall provide a combination-style lock on the entrance door to each of the mens’ and womens’ changing rooms (the combination to which will be made readily available to all applicable parties). Landlord shall specifically condition the use of the Fitness Center by any person upon such person’s execution of a written waiver and release holding Landlord harmless from any and all liability, damage, expense, cause of action, suit, claim, judgment and cost of defense arising from injury to such employee or guest occurring in the Fitness Center or resulting from the use thereof. Landlord’s form of such waiver as of the date hereof is attached hereto as Exhibit E. Neither Landlord nor Landlord’s agents or partners, shall have any liability to Tenant or its Invitees, for any damage, injury, loss, expense, compensation or claim whatsoever arising out of the use of the Fitness Center. Further, Tenant agrees to indemnify and save harmless Landlord and its agents and partners from and against any and all such damages, injuries, losses, expenses, compensation or claims (including attorneys’ fees) arising from the use of the Fitness Center by Tenant or its Invitees, unless such damage, loss or injury results from the intentional misconduct or gross negligence of Landlord, its employees or agents, or from Landlord’s failure to maintain the Fitness Center in accordance with the terms of this Lease. Landlord shall cause the half-lockers that are in each of the mens’ and womens’ changing rooms as of the date of this Lease to remain in the respective changing rooms, but if Landlord relocates the Fitness Center in accordance with the terms of this Lease, Landlord shall cause each of the relocated mens’ and womens’ changing rooms to each have at least twenty (20) half-lockers. Landlord shall cause the Fitness Center to have at least one (1) changing room for the men and women. Tenant acknowledges and agrees that Landlord shall not be obligated to modify or upgrade such bathrooms in such changing rooms notwithstanding the terms of Section 7.1 or anything else to the contrary in this Lease (unless required by applicable law, in which case any such upgrade or modification will be performed by Landlord as part of Operating Expenses). If Landlord relocates the Fitness Center, Landlord shall cause the (i) mens’ changing room to have no less than three (3) shower stalls, one (1) toilet, one (1) urinal and one (1) sink with mirror, and (ii) womens’ changing room to have no less than three (3) shower stalls, two (2) toilets, and one (1) sink with mirror, which relocated changing rooms and such specified improvements will be ADA compliant. Landlord shall have the right to relocate the Fitness Center from time to time within the Building, Premisesprovided that (i) Landlord shall use commercially reasonable efforts to minimize any limitations on the use of the Fitness Center during any such relocation (ii) all costs incurred by Landlord to relocate the Fitness Center shall not be Operating Expenses under the terms of this Lease, elevators and parking lot(iii) after relocation, the new Fitness Center conforms to the requirements of this Lease. The size of the Fitness Center (including any locker room and shower areas) shall at all times be no less than approximately 2,500 gross square feet. Landlord shall initially provide, at its sole cost and expense (and not as a Base Year Operating Expense) the equipment (or reasonable substitutes) identified on Exhibit L attached hereto, and thereafter, Landlord shall maintain at the least the equipment (or reasonable substitutes) identified on Exhibit L during the Lease Term.
14.3 Landlord shall not have any liability to Tenant, and Tenant shall not be entitled to terminate this Lease or receive a rent abatement, in the event of Landlord’s failure or inability to furnish any of the utilities or services required to be furnished by Landlord under this Lease (a “Service Failure”); provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to if all or substantially all of the Premises is rendered untenable or parking lot inaccessible for a continuous period of seven (7) consecutive business days after Tenant gives Landlord written notice thereof, and if Tenant does not in fact use the Premises during such period, then, so long as no Event of Default is continuing under this Lease, Tenant shall be entitled to an abatement of the Base Rent payable under this Lease for the period beginning on the day after such seven (7) business day period ends and continuing until the Premises is rendered tenantable. Notwithstanding the foregoing terms of this Section 14.3, if all or substantially all of the Premises is rendered untenable or inaccessible because of a Service Failure for a continuous period of one hundred eighty (180) days, then Tenant shall have the right to terminate this Lease upon the delivery of written notice to Landlord; provided, however, if Landlord causes all such applicable utilities or services to be restored before the date that is thirty (30) days after Landlord’s receipt of such termination notice from time to timeTenant, Tenant’s termination will not be effective and the Lease will remain in full force and effect.
Appears in 1 contract
Services and Utilities. Throughout the Lease Term, 14.1 Landlord agrees to will furnish to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises air-conditioning and heating during the seasons they are required in Landlord's reasonable judgment. Landlord will provide: janitorial service on Monday through Friday only (excluding legal public holidays celebrated by the federal government); electricity; water; elevator service; and exterior window-cleaning service. The normal hours of operation of the Building will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except for such holidays) and 8:00 a.m. to 12:00 p.m. on Saturday (except such holidays) and such other hours, if any, as Landlord determines. If Tenant requires air-conditioning or heat beyond the computer room) after business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heating, when required, between the normal hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdaysoperation, except on legal holidays recognized by then Landlord will furnish the United States Government ("Building Standard Hours")same, provided Tenant gives Landlord sufficient advance notice of such requirement. Landlord reserves the right to establish and collect a charge for air cooling/heating utilized Notice shall be provided by Tenant during hours and/or days other to Landlord requesting such additional service not less than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours prior to commencement of this service and Tenant shall pay Landlord Seventy-Five Dollars ($75.00) per dayhour for each first hour and Thirty-Five Dollars ($35.00) for each additional hour of such extra service. The hourly rates are subject to change at Landlord's election to reflect Landlord's actual costs and expenses to provide such additional service. Except as otherwise specified herein, seven (7) days per week access Landlord shall not be required to furnish services and utilities during hours other than the normal hours of operation of the Building, Premises, elevators and parking lot, provided, however, that . Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent shall have access to the Premises twenty-four (24) hours a day every day of the Term. After hours access to the Building will be controlled by means of an electronic passcard system.
14.2 Landlord may install checkmeters to electrical circuits to verify that Tenant's electricity consumption is not excessive. If such checkmeters indicate that such consumption is excessive, then Landlord may install at Tenant's expense submeters to ascertain Tenant's actual electricity consumption, and thereafter Tenant shall pay f or parking lot from time to timesuch consumption at the then-current price per kilowatt hour charged Landlord by the utility.
Appears in 1 contract
Sources: Lease Agreement (Ipix Corp)
Services and Utilities. Throughout A. Landlord shall provide, without cost or expense to Tenant, the Lease Termnecessary mains, feeders, pipes, ducts and conduits to bring electricity services and heating, ventilation and air conditioning (HVAC) services to the demised premises. Landlord shall also provide all connections and all outlets, risers, wiring, piping, duct work or other means of interior distribution of electricity and HVAC service within the demised premises.
B. As long as Tenant is not in default under any of the provisions of this Lease, Landlord agrees to furnish shall provide the following facilities and services to Tenant without additional charge to Tenant (except as otherwise provided herein):
(1) Landlord will provide restroom facilities and necessary lavatory supplies, including hot and cold running water, at those points of supply provided for general use of other tenants in the following services:Building, and routine maintenance, painting and electric lighting service for all public areas and special service areas of the Building in the manner and to the extent that is standard for similar first-class buildings in Washington, D.C.
(2) Adequate supplies Landlord will provide access to the demised premises on a full- time twenty-four hour a day basis, subject to such reasonable regulations as Landlord may impose for toilet rooms;security purposes.
(3) Normal Landlord will provide heating, ventilation and usual cleaning air conditioning (HVAC) services for the Premises as follows:
(except for the computer rooma) after business hours each day except on SaturdaysLandlord will provide HVAC services Monday through Friday from 8:00 A.M. to 6:00 P.M., Sundays and legal Saturday from 9:00 A.M. to 1:00 P.M. (holidays recognized by Landlord excepted but not to exceed fourteen (14) holidays per year unless otherwise agreed in writing between Landlord and Tenant) on an all year round basis.
(b) Landlord will maintain the United States Government building HVAC system, as set forth well as the means of interior distribution within the demised premises, and will use all reasonable care to maintain the system in proper and efficient operating condition. Landlord will not be responsible for the failure of the air conditioning system to meet normal requirements, if such failure results from the occupancy of the demised premises by more than an average of one person for each 100 square feet, or from faults in any interior distribution system provided by Tenant.
(c) ▇▇▇▇▇▇ agrees to keep and cause to be kept closed, at all times, exterior doors in the demised premises, except for normal ingress and egress, and ▇▇▇▇▇▇ agrees to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of said HVAC system.
(d) Landlord will maintain the above building standard air conditioning unit identified in Exhibit E; Hot B for one (1) year and --------- cold running water in the bathrooms;
(4) Air cooling/heating, when required, between the hours will be responsible for all service and repairs of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized problems reported by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver within one (1) year of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only)Date. Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇▇ will be responsible for design defects for a period of five years. In the event of a dispute between Landlord and ▇▇▇▇▇▇ as to whether a repair is required due to a design defect, such dispute shall be finally settled by a third party contractor. Electricity will be provided to this air conditioning unit on a full-time twenty-four hour a day basis.
(4) Landlord will provide hot and cold running water on a full-time twenty-four hour a day basis, subject to such reasonable regulations as Landlord may impose. Landlord will use all Building standard ceiling lighting fixtures reasonable care to maintain the building plumbing system, as well as the interior plumbing within the demised premises, in proper and efficient operating condition. In the event that a problem with the building plumbing system or the interior plumbing within the demised premises is caused by an act or omission of Tenant, Landlord will correct such problem at Tenant's sole cost and expense.
(5) Landlord will provide electrical energy which Tenant requires in the Premisesdemised premises for lighting purposes and for operation of electrical office equipment, machinery and other property normally associated with use of space for office purposes but not including any additional requirement of Tenant caused by installation or operation of equipment, machinery or property as to which prior written consent of Landlord is required under Article 14. Overhead lighting will be provided Monday through Friday from 7:00 A.M. to 11:00 P.M., and Saturday from 7:00 A.M. to 3:00 P.M. (holidays recognized by Landlord excepted but not to exceed fourteen (14) holidays per year unless otherwise agreed in writing between Landlord and Tenant).
(6) Landlord will provide after hours lighting and HVAC services at reasonable hourly rates; andprovided, that Tenant shall give notice to Landlord prior to 1:00 P.M. on the day such service is required in the case of after hours service on weekdays, prior to 3:00 P.M. on the Friday preceding the day such service is required in the case of after hours service on weekends, and prior to 1:00 P.M. on the last business day preceding the holiday on which such service is required in the case of after hours service on holidays.
(7) An electronic card-key building access system which Landlord will provide after hours Monday through Friday maintenance and housekeeping services, including replacement of fluorescent bulbs, glass cleaning, dusting, sweeping, vacuuming, and removal of trash, in a manner consistent with the standard for similar first-class office buildings in Washington, D.C. Such services shall also include cleaning the showers, sinks, and kitchen areas within the demised premises.
(8) Landlord will make available for Tenant's ordinary business usage conference rooms and meeting rooms, provided that Tenant with twentyshall give Landlord forty-four eight (2448) hours per dayadvance notice, seven and provided that such facilities are not scheduled to be used by Landlord or committed for use to other eligible users. Tenant's use of Landlord's conference rooms, adjacent atria, and other areas designed for common use by Building occupants for receptions shall require prior written permission from Landlord for each individual occasion, which permission shall not unreasonably be withheld. Permission shall be considered reasonably withheld if such facilities are scheduled for use by Landlord or committed for use to other eligible users. Any added costs for services such as set-up, restoration, security, engineering and catering arising from Tenant's use of Landlord's reception rooms or other facilities for any purpose shall be paid by Tenant on a direct cost basis plus any general administrative costs to INTELSAT. Catering service is available in the Building.
(79) days per week Landlord shall maintain the Building common areas in good, safe, and sanitary condition and repair.
(10) Landlord shall maintain security which is adequate in Landlord's reasonable judgment for the Building.
(11) Landlord shall provide at least one operational elevator in the Building at all times. After notice of an elevator problem, Landlord shall undertake to make appropriate repairs with due diligence.
(12) Tenant shall be entitled to full access to the Buildingcafeteria facilities during normal hours of operation.
C. If Landlord fails to provide any of the services specified in this Article, Premisesand any such failure continues for fourteen (14) days after Landlord receives written notification from Tenant, elevators and parking lotif such failure renders the demised premises unsuitable for normal commercial purposes, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond then ▇▇▇▇▇▇'s obligation to pay rent hereunder shall be reduced in proportion to the extent the premises are rendered unsuitable for normal commercial purposes. If Landlord's failure to provide services affects a substantial portion of the demised premises, and renders the demised premises unsuitable for normal commercial purposes, and continues for more than thirty (30) days, Tenant may, by written notice to Landlord, terminate this Lease upon a date not less than thirty (30) days after the date of such notice.
D. Any failure by Landlord to furnish the foregoing services as a result of governmental restrictions, energy shortages or from any cause beyond the control of Landlord shall not render Landlord liable in any respect for damages to either person or property, or loss of Tenant's business, nor be construed as an eviction of Tenant, nor work an abatement of rental, nor relieve Tenant from Tenant's obligations hereunder. If the Building equipment should cease to function properly, Landlord shall use reasonable control may prevent access diligence to repair the Premises or parking lot from time same. Landlord shall also use reasonable diligence to timerectify any problem adversely affecting any of the above services and utilities.
Appears in 1 contract
Sources: Letter Agreement on Administration of Building Common Areas (Opnet Technologies Inc)
Services and Utilities. Throughout the Lease Term, Landlord agrees 14.1 Subject to furnish to Tenant the following servicesTenant's obligations specified in this Lease:
(2a) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for Landlord will furnish to the Premises air-conditioning and heating during the seasons they are required in Landlord's reasonable judgment; and (b) Landlord will provide janitorial service on Monday through Friday (or. at Landlord's option, Sunday through Thursday) only (excluding legal public holidays), electricity sufficient for lighting purposes and normal office use only, water, elevator service (with at least one (1) elevator in operation at all times, except for the computer room) after business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
event of an emergency), and exterior window-cleaning service. If Tenant requires air-conditioning or heat beyond the Building Hours, then Landlord will furnish the same, provided Tenant gives Landlord a minimum of twenty-four (24) hours advance written notice of such requirement (which notice must be received by Landlord prior to 5:00 p.m. on a business day). Tenant shall pay for such extra service in accordance with Landlord's then-current schedule for all building occupants (currently thirty dollars ($30) per hour per unit and in all cases a minimum of four (4) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"shall be charged). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject Notwithstanding anything above to the foregoing additional charge;
(5) All electric bulbscontrary, ballasts and fluorescent tubes in standard light fixtures in Tenant shall have access to the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, seven day each day of the year (7) days per week access except in the event of an emergency).
14.2 Landlord may install checkmeters to the Building, Premises, elevators and parking lot, provided, however, electrical circuits serving Tenant's equipment to verify that Tenant acknowledges is not consuming excessive electricity. "Excessive Electricity" shall be de-fined as electricity usage greater than six (6) w▇▇▇▇ per rentable square foot on average, excluding electricity for ceiling lighting and agrees HVAC. If such checkmeters indicate that repairsTenant's electricity consumption is excessive, hazardous conditions then Landlord may install at Tenant's expense submeters to ascertain Tenant's actual electricity consumption, and circumstances beyond Landlord's reasonable control may prevent access to Tenant shall thereafter pay for such consumption at the Premises or parking lot from time to timethen-current price per kilowatt hour charged Landlord by the utility.
Appears in 1 contract
Services and Utilities. Throughout Section 7.01 Landlord shall provide the Lease Term, Landlord agrees to furnish following facilities and services to Tenant as part of Landlord’s Operating Costs (except as otherwise provided herein):
A. Electricity serving the following services:
(2) Adequate supplies Leased Premises for toilet roomsnormal lighting purposes and the operation of ordinary office equipment, subject to Section 7.03, below;
(3) B. Normal and usual cleaning and char services for the Premises (except for the computer room) after business hours Building Hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government Government. Attached hereto as set forth in Exhibit E; Hot and --------- cold running water in M are the bathrooms;
(4) Air cooling/heatingcleaning specifications currently applicable to the Building, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, which are subject to change from time to time by in Landlord’s sole (but good faith) discretion; provided, however, if Landlord upon written notice to Tenant (provided changes such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject cleaning specifications, such new cleaning specifications must be comparable to the foregoing additional charge;
(5) All electric bulbs, ballasts cleaning specifications that are normally and fluorescent tubes in standard light fixtures customarily used for comparable first-class office buildings in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇▇▇▇ County, Maryland area;
C. Rest room facilities and necessary lavatory supplies, including hot and cold running water at the points of supply, toilet tissue and paper towels as provided for the general use of all Building standard ceiling lighting fixtures tenants in the Building and routine maintenance, painting, and electric lighting service for all Common Areas of the Building in such manner as Landlord deems reasonable;
D. During Building Hours (i.e., a total of 54 hours a week during non-holiday weeks), central heating and air conditioning during the seasons of the year when these services are normally and usually furnished based upon standard electrical energy requirements of 5 ▇▇▇▇▇ per square foot and a human occupancy of not more than one person for each 150 square feet of rentable area of the Leased Premises; and
. After-hours HVAC (7i.e., anytime other than Building Hours) An electronic card-key building access system which shall be provide upon Tenant’s request at a cost equal to Landlord’s reasonable estimate of the cost of utilities, maintenance and depreciation in connection with such service plus a 15% administrative fee. The Landlord will modify the HVAC controls so that (a) the individual package units can be run independently, such that any one (or more) of the package units may be turned on without the necessity of turning all of the units on and (b) the Tenant will have the ability to turn on the after hours HVAC with a switch in the Leased Premises. Regarding the two HVAC units exclusively serving the second (2nd) floor, since these HVAC units will be modified to run independently, the Landlord will provide Tenant with twenty-four HVAC services to the second (242nd) floor of the Leased Premises for up to 54 hours per dayweek (less 10 hours per holiday day occurring during any such week) at times and days of the week selected by Tenant, seven which time/days may change from time to time (7) days per week access Tenant must give Landlord minimum 48 hours advance notice for any changes to the schedule). Any hours in excess of 54 hours for any week will be deemed after hours HVAC use, the charge for which shall be as set forth above. Regarding the third HVAC unit, which serves both the 2nd and 3rd floors, Tenant shall have use of the third HVAC unit during Building Hours and pay for any use of the unit after- hours;
E. Elevator service by means of automatically operated elevators at least during the Building Hours. Landlord shall have the right to remove elevators from service as the same shall be required for moving freight or for servicing or maintaining the elevators and/or the Building, Premises, elevators and parking lot, ; provided, however, that at least one elevator will remain in service 24 hours per day, 365 days per year, subject to compliance with Landlord’s reasonable rules and regulations concerning after Building Hours and weekend access. Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent shall have access to the Leased Premises or parking lot from time to time.24 hours per day, 365 days per year;
Appears in 1 contract
Services and Utilities. Throughout 14.1 Landlord and Tenant acknowledge that there exists as of the Lease Reference Date HVAC units that solely service the Premises and entry vestibules (the "Existing HVAC Units") and which Landlord shall repair and maintain-during the Term, Landlord agrees provided that Tenant shall have the sole right to furnish control the use and hours of use of such HVAC unit. Tenant shall maintain any upgrades on HVAC which may be installed by Tenant in accordance with the Alterations, Maintenance and Repairs and Work Agreement provisions of this Lease. Electric service adequate to service Tenant's Permitted Uses of the Premises, including servicing of the Existing HVAC Units, shall be submetered to Tenant which submetering unit currently exists in the following services:
Premises. Gas consumption shall be a prorated charge. Additional heating and air conditioning units provided by Tenant as an approved | Alteration shall be maintained by Tenant. Landlord will provide: janitorial service on Monday through Friday only (2) Adequate supplies for toilet rooms;
excluding legal public holidays celebrated by the federal government); common area electricity; water; elevator service; and exterior window-cleaning service. For utility purposes (3) Normal and usual cleaning services other than electricity obtained by Tenant for the Premises through the submetering to be provided by Landlord), the normal hours of operation of the Building will be 8:00 a.m. to 6:00 p.m. on Monday through Friday (except for such holidays) and 8:00 a.m. to 12:00 p.m. on Saturday (except such holidays) and such other hours, if any, as Landlord determines. Notwithstanding the computer room) after business hours each day except on Saturdaysforegoing provisions or any other provision of this Lease, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject have access to the foregoing additional charge;
(5) All electric bulbsparking area, ballasts Building and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ of all Building standard ceiling lighting fixtures in the Premises; and
seven (7) An electronic card-key building access system which will provide Tenant with days per week, twenty-four (24) hours per day. If utility service for Premises is not separately metered, seven (7) days per week access Tenant shall pay for such extra service in accordance with Landlord's then-current schedule. The then current rent schedule shall reflect the Landlord's actual costs, including, but not limited to, the costs of utilities and building engineer service. If the utility service for the Premises is separately metered and a separate thermostat is located in the Premises, Tenant may activate the extra service without notice to Landlord. Except as otherwise specified herein, Landlord shall not be required to furnish services and utilities during hours other than the normal hours of operation of the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the Premises or parking lot from time to time.
Appears in 1 contract
Services and Utilities. Throughout the Lease Term, Landlord agrees to furnish to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises (except during reasonable office hours, 6:00 a.m. to 6:00 p.m. Monday through Friday, and 8:00 a.m. to 12:00 PM on Saturday, while Tenant is not in default under any of the provisions of this Lease and subject to the regulations of the Building wherein the Premises are situated, with: heat and air conditioning during normal business hours, normal water and electric current for the computer room) after lighting and ordinary business hours each day except on Saturdaysappliances, Sundays such as computers, and legal holidays recognized by the United States Government as set forth such other appliances and equipment that do not result in Exhibit E; Hot and --------- cold running water an overload in the bathrooms;
(4) Air cooling/heatingelectrical system, when requiredand Tenant agrees to pay for all other services supplied to said Premises not hereinbefore in this Paragraph enumerated. In the event Tenant should consistently require electricity in excess of normal business hours, between Tenant shall reimburse Landlord for such excessive electricity usage at the hours rate of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours")Landlord's estimated hourly cost. Landlord reserves the right to establish may install such energy conservation devices, as Landlord deems necessary including, without limitation, thermostat cover locks and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hoursconditioning timers. Landlord, but Landlord's failure to establish and/or collect such charge however, shall not be deemed a waiver liable for failure to furnish any of the services specified in this Paragraph when such failure is caused by conditions beyond the control of Landlord, Landlord's right to include all costs for air cooling contractors, agents, employees, servants, or invitees, or by accidents, repairs or strikes, nor shall such failure constitute an eviction; nor shall Landlord be liable except in the computation event of Operating ExpensesLandlord's, Landlord's contractors, agents, employees, servants, or invitees negligence for loss of or injury to property, however occurring, through or in connection with or incidental to the furnishing of any of the foregoing. Tenant will not, without the written consent of Landlord, use any apparatus or device in the Premises, including without limitation electronic data processing machines, punch card machines and using current in excess of 110 volts (note-the electrical service within the building can accommodate 480 volts/277-three phase service.) which will increase the amount of electricity or water usually furnished or supplied for use of the Premises as general office space. If Tenant shall require water or electric current in excess of that usually furnished for use of the Premises as general medical office space, Tenant shall first procure the consent of Landlord to the use thereof and Landlord may cause a water meter or electric current meter to be installed in the Premises so as to measure the amount of water and electric current consumed for any such other use. The cost of such meters and installation, maintenance, and repair thereof shall be paid for cooling/heating by Tenant and Tenant agrees to pay Landlord promptly upon demand by Landlord for all such water and electric to current consumed as shown by said meters, at the rates charged for such services by the City of Tucson or the local public utility, as the case may be, furnishing the same, plus any additional expense incurred in keeping account of the water and electric current consumed. August 10, 2006 Landlord JCO Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the Premises or parking lot from time to time.GC
Appears in 1 contract
Services and Utilities. Throughout the Lease TermSo long as Tenant is not in an Event of Default under this Lease, Landlord agrees shall provide the following facilities and services to furnish Tenant:
a. At least one elevator (if the building contains an elevator) subject to call at all times, including Sundays and holidays.
b. During “normal business hours” as hereinafter defined, central heating and air conditioning when necessary for normal comfort for the Permitted Use in the Premises and in a manner substantially consistent with that provided by other landlords comparable office buildings in the immediate vicinity of the Building Project (“Comparable Buildings”) such that temperatures in the Premises are in no event more or less than 72 degrees (72°) Fahrenheit +/- 2 degrees. For the purposes of this paragraph b, the term “normal business hours” shall mean the periods from 6:00 a.m. until 7:00 p.m. on business days and from 8:00 a.m. until 1:00 p.m. on Saturdays. Landlord shall provide the aforesaid services at other times, at Tenant’s expense, provided Tenant gives Landlord notice by 4:00 p.m. on weekdays for after-hour service on the next weekday, by 4:00 p.m. the day before a holiday for service on a holiday, and by 4:00 p.m. on Friday for after-hour service on Saturday or service on Sunday; provided, however, that Landlord will use good faith efforts to provide such after-hours HVAC if Tenant’s notice is provided after 4:00 p.m. (but Landlord shall not be liable for failure to provide such HVAC on account of such late notice). Such after-hour, holiday or special weekend service shall be charged to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises (except for the computer room) after business hours each day except at rates to be calculated by Landlord based on SaturdaysLandlord’s actual costs, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. which rates shall be given to Tenant on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours")request. Landlord reserves the right to establish and collect adjust, from time to time, the rate at which such services shall be provided corresponding to adjustments in Landlord’s actual costs. Tenant shall pay for such service, as Additional Rent, within thirty (30) days of Tenant’s receipt of a written invoice with respect thereto. For purposes of this Lease, “actual cost” shall mean the actual cost incurred by Landlord, as reasonably determined by Landlord, without charge for air cooling/heating utilized profit, overhead or administration, provided that, notwithstanding the foregoing, any amount actually charged by Tenant during hours and/or any unrelated third party to Landlord for the supply of such utilities shall be deemed Landlord’s “actual cost”.
c. Reasonable amounts of electric current for lighting and normal and customary items of office equipment (subject to the provisions of Section 12 below).
d. in a manner consistent with Comparable Buildings, janitorial services five (5) days other per week, except the date of observation of federal holidays, in and about the Premises and window washing services, all pursuant to the specifications attached hereto as Schedule B and incorporated herein by this reference. Landlord shall also clean Tenant’s bathrooms within the Premises no less than during once per day and, in addition, shall, no less than once a day, have the bathroom counters wiped down and have all paper products replenished (to the extent necessary). Notwithstanding anything to the contrary in Schedule B attached hereto, the quality of all services to be provided set forth on Schedule B shall be provided in a manner consistent with Comparable Buildings.
e. Replacement of light tubes or bulbs for building standard lighting fixtures. All light tube or bulb replacements for special non-standard lighting fixtures shall be furnished and installed by Landlord at Tenant’s expense.
f. Restroom facilities and necessary lavatory supplies, including hot and cold running water at the points of supply, as provided for general use of all tenants in the Building Standard Hoursand routine maintenance, but painting, and electric lighting service for all public areas of the Building in such manner as Landlord deems reasonable and in a manner consistent with Comparable Buildings. Except as expressly set forth herein, any failure by Landlord to furnish the foregoing services, resulting from circumstances beyond Landlord's failure ’s reasonable control or from interruption of such services due to establish and/or collect such charge repairs or maintenance, shall not render Landlord liable in any respect for damages to either person or property, nor be construed as an eviction of Tenant, nor cause an abatement of rent hereunder, nor relieve Tenant from any of its obligations hereunder. If any public utility or governmental body shall require Landlord or Tenant to restrict the consumption of any utility or reduce any service for the Premises or the Building, Landlord and Tenant shall comply with such requirements, whether or not the utilities and services referred to in this Section 11 are thereby reduced or otherwise affected, without any liability on the part of Landlord to Tenant or any other person or any reduction or adjustment in rent payable hereunder. Subject to the terms of Section 30, Landlord and its agents shall be permitted reasonable access to the Premises for the purpose of installing and servicing systems within the Premises deemed a waiver of Landlord's right necessary by Landlord to include all costs for air cooling provide the services and utilities referred to in this Section 11 to Tenant and other tenants in the computation Building. Notwithstanding the foregoing or anything to the contrary herein, in the event that Tenant is prevented from using, and does not use, the Premises or any material portion thereof, as a result of Operating Expenses. The cost for cooling/heating and electric (i) any repair, maintenance or alteration performed by Landlord, or which Landlord failed to Tenant other than during Building Standard Hours from and perform, after the Lease Commencement Date will and required by this Lease, which substantially interferes with Tenant’s use of or ingress to or egress from the Building, Building Project, Premises or the Parking Facilities; (ii) any failure to provide services, utilities or ingress to and egress from the Building, Building Project or Premises as required by this Lease; or (iii) the presence of Hazardous Materials (not brought on the Premises by Tenant) in violation of Environmental Laws which pose a material health risk to the environment or the Premises (any such set of circumstances as set forth in items (i) through (iii), above, to be Fifty Dollars ($50.00) per hourknown as an “Abatement Event”), subject to change from time to time by then Tenant shall give Landlord upon written notice to Tenant (provided of such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
Abatement Event, and if such Abatement Event continues for five (5) All electric bulbsconsecutive business days (including Saturday) after Landlord’s receipt of any such notice, ballasts or occurs for ten (10) non-consecutive business days in a twelve (12) month period (provided Landlord is sent a notice of each of such Abatement Event) (in either of such events, the “Eligibility Period”), then the Annual Basic Rent and fluorescent tubes in standard light fixtures charges for Tenant’s parking (to the extent not utilized by Tenant) shall be abated or reduced, as the case may be, after the expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises, or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use (“Unusable Area”), bears to the Common Areas;
(6) ▇▇▇▇▇▇▇ total rentable area of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, in the event that Tenant acknowledges is prevented from using, and agrees does not use, the Unusable Area for a period of time in excess of the Eligibility Period and the remaining portion of the Premises is not sufficient to allow Tenant to effectively conduct its business therein, and if Tenant does not conduct its business from such remaining portion, then for such time after expiration of the Eligibility Period during which Tenant is so prevented from effectively conducting its business therein, the Annual Basic Rent and charges for Tenant’s parking passes (to the extent not utilized by Tenant) for the entire Premises shall be abated for such time as Tenant continues to be so prevented from using, and does not use, the Premises. In addition, if Landlord has not cured such Abatement Event within one hundred eighty (180) days after receipt of notice from Tenant (or, in the event that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the Premises or parking lot from the Building are rendered inaccessible to Tenant by a casualty or act of Landlord, one hundred eighty (180) days following the date of Landlord’s actual knowledge of the occurrence of the Abatement Event), Tenant shall have the right to terminate this Lease until such time as Landlord has cured the Abatement Event, which right may be exercised only by delivery of a written notice to timeLandlord. Landlord reserves the right to charge Tenant the reasonable cost, based on usage, of the removal of all trash and the reasonable cost of water/sewerage or electric service to the extent Tenant’s trash disposal, water/sewerage and/or electrical usage exceeds, in Landlord’s reasonable opinion, normal usage for an office tenant as compared to tenants of comparable buildings in the immediate vicinity of the Building Project.
Appears in 1 contract
Services and Utilities. Throughout the Lease Term14.1 So long as Tenant is not in Default, Landlord agrees will furnish or cause to furnish to Tenant the following services:
(2) Adequate supplies be furnished on a continuous basis electricity for toilet rooms;
(3) Normal and usual cleaning services for normal business usage. Tenant's use of electricity in the Premises (except for may not at any time exceed the computer room) after business hours each day except on Saturdays, Sundays capacity of the electrical conductors and legal holidays recognized by equipment serving the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours")Premises. Landlord reserves the right to establish and collect a charge install, at the Tenant's sole cost, check meters, which will be utilized to determine the amount Tenant will reimburse Landlord for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Tenant's excess usage. Without Landlord's failure prior written consent, Tenant may not: (i) connect heating or air-conditioning equipment; special lighting in excess of building standard specifications or any other item of electrical equipment that consumes more than permitted by, the building standard specifications or (ii) make any alteration or addition to establish and/or collect the electric system of the Premises. If Landlord grants such charge shall not be deemed a waiver of consent, Landlord will provide at the cost to Landlord plus Landlord's right overhead charge of ten percent (10%) of the cost, which cost Tenant shall pay to include all costs Landlord on demand, additional risers or other required equipment. In addition, Landlord may increase the Base Rent by an amount reflecting the estimated additional capacity of such risers or other equipment. Notwithstanding, Landlord may require Tenant to install separate meters, at Tenant's sole cost, and to pay utilities directly to the utility company.
14.2 So long as Tenant is not in Default, Landlord will furnish or cause to be furnished to the Premises Monday through Friday from 8:00 a.m. to 6:00 p.m. and Saturday from 8:00 a.m. to 1:00 p.m. (but, not on Sunday, legal holidays or days Landlord designates for air cooling in holiday observance) heat or air-conditioning (depending upon the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00season) per hour, subject to change from time to time at reasonable temperatures as determined by Landlord upon written notice to Tenant provide reasonably comfortable occupancy of the Premises under Normal Business Conditions (provided such charge reflects Landlord's costs onlydefined below) (excepting any areas that develop excessive heat from machines, lights, sun, overcrowding or other sources). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;"Normal Business Conditions" (herein so called) for maintaining reasonably comfortable temperatures are:
(5a) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;One person per 250 square feet average occupancy per floor:
(6b) ▇▇▇▇Two and One Half (2 1/2) watt▇ ▇▇▇ of all Building standard ceiling square foot for Tenant lighting fixtures in the Premisesand power use average per floor; and
(7c) An electronic cardLight-key building access system which will provide Tenant colored blinds, fully drawn and slats at a 45 degree angle coincident with twenty-four (24) hours per day, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the Premises peak sun lead or parking lot from time to timeequivalent solar barrier.
Appears in 1 contract
Sources: Lease Agreement (Careerbuilder Inc)
Services and Utilities. Throughout (a) Landlord and/or Sublessor agree, without charge except as provided herein, and in accordance with standards reasonably established from time to time prevailing for office buildings in the Lease TermMetropolitan Detroit Area, Landlord agrees to furnish water to Tenant the following services:
Building for use in lavatories and drinking fountains (2and to the Premises if the plans for the Premises so provide); during the hours from 8:00 a.m. to 6:00 p.m. on Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, (excluding holidays) Adequate supplies to furnish such heated or cooled air to the Premises as may, in the judgment of Sublessor, be reasonably required for toilet rooms;
(3) Normal the comfortable use and usual cleaning occupancy of the Premises provided that Sublessee complies with the recommendations of Landlord’s engineer regarding occupancy and use of the Premises; to provide janitorial services for the Premises (except including such interior and exterior window washing as may be determined by Landlord but no less frequently than two (2) times per year), such janitorial services to be provided after 6:00 p.m. five (5) days a week or Monday through Friday (excluding legal holidays); during ordinary business hours to cause electric current to be supplied for lighting the public portions of the Building or Building Complex; and to furnish such snow removal services to the Building Complex as may, in the judgment of Sublessor, be reasonably required for safe access to the Building Complex.
(b) Sublessee hereby agrees to pay all charges with respect to electrical services furnished to or used within the Premises. It is acknowledged and agreed that there are appropriate meters at the Premises for measuring Sublessee’s consumption of electricity. Sublessee shall either (i) pay directly to the provider of the electric utility, or (ii) if electricity is provided by Landlord pay all such charges for electricity within ten (10) days after the date of submission of a monthly statement to Sublessee by Sublessor. Charges for electricity shall be at the same rates, terms and conditions as rates, terms and conditions for comparable services from The Detroit Edison Company (or its successor in interest to providing such public utility to the Building).
(c) If Sublessee requires water in excess of that usually furnished or supplied for use in the Premises as general office space, Sublessee shall first procure the consent of Sublessor for the computer roomuse thereof, and Sublessor will attempt to procure consent from Landlord for Sublessee’s proposed increased use. Sublessee agrees to pay to Sublessor such amounts as Sublessor reasonably determines are necessary to cover the costs of such increased use of water, including any cost incurred in connection with the installation of a meter required to measure such use.
(d) after business hours each day except on SaturdaysSublessee agrees that Sublessor shall not be liable for failure to supply any heating, Sundays air conditioning, elevator, electrical, janitorial, lighting or other services during any period when Landlord uses reasonable diligence to supply such services, or during any period Landlord is required to reduce or curtail such services pursuant to any applicable laws, rules or regulations, now or hereafter in force or effect, it being understood that Landlord may discontinue, reduce or curtail such services, or any of them (either temporarily or permanently), at such times as it may be necessary by reason of accident, unavailability of employees, repairs, alterations, improvements, strikes, lockouts, riots, acts of God, application of applicable laws, statutes, rules and legal holidays recognized regulations, or due to any other happening beyond the control of Landlord. In the event of any such interruption, reduction or discontinuance of Landlord’s services (either temporary or permanent), Sublessor shall not be liable for damages to persons or property as a result thereof, nor shall the occurrence of any such event in any way be construed as an eviction of Sublessee or cause or permit an abatement, reduction or setoff of rent, or operate to release Sublessee from any of Sublessee’s obligations hereunder.
(e) Whenever heat generating machines or equipment are used by Sublessee in the Premises which affect the temperature otherwise maintained by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heatingair conditioning system, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate install supplementary air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures units in the Premises in the event Landlord’s independent consulting engineer determines same are reasonably necessary as a result of Tenant’s use of lights or equipment which generate heat loads in excess of those for which the HVAC system is designed and the Common Areas;
(6) ▇▇▇▇▇▇▇ cost therefor, including the cost of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide installation, operation and maintenance thereof, shall be paid by Tenant with twenty-four (24) hours per day, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord upon demand by Landlord's reasonable control may prevent access to the Premises or parking lot from time to time.
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Services and Utilities. Throughout 13.1 Subject to the Lease Termprovisions contained elsewhere herein and to the rules and regulations of the Building, Landlord shall cause to be furnished to the Premises electricity, together with heating, ventilating and air conditioning (“HVAC”), required in Landlord’s reasonable judgment for the comfortable use and occupation of the Premises (but not in excess of such utilities and services which are customarily furnished in comparable office buildings in the immediate market area), during the business hours of the Building, which shall initially be 8:00 A.M. to 6:00 P.M., Monday through Friday, and 9:00 A.M. to 1:00 P.M., Saturday, except for holidays determined by Landlord from time to time, and janitorial services during the times and in the manner that such services are customarily furnished in comparable office buildings in the immediate market area. Landlord shall, at Tenant’s request, provide after- hours HVAC to the Premises, provided that Tenant shall pay to Landlord a charge therefor (based on all costs on a particular electrical b▇▇▇ [including, without limitation, surcharges or other recovery charges]) as reasonably determined by Landlord from time to time; provided, that Tenant acknowledges that due to variations in rates charged by electricity providers serving the Premises over the term of the Lease, and other parameters not within Landlord’s control (such as usage of all other users [at the Project or elsewhere] serviced by the electricity providers), it may not be known until a later date whether particular after-hours usage imposed additional costs to Landlord (and Landlord may need to retain consultants, which shall be reasonably acceptable to Tenant, to determine whether there were and the extent of any such additional costs), and Tenant agrees to furnish pay Landlord for any additional costs (including the cost of any consultants) as and when requested by Landlord; provided, that Landlord’s request shall be accompanied by commercially reasonable documentation. Tenant shall notify Landlord at least forty-eight (48) hours in advance prior to noon on any business day of-Tenant’s after-hours HVAC requirements. The Building’s HVAC system shall provide HVAC on a floor-by-floor basis. Tenant shall keep and cause to be kept closed all window coverings when necessary because of the sun’s position, and Tenant also shall at all times cooperate fully with Landlord and abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating, ventilating and air conditioning system. If any heat-generating machine, excess lighting or equipment used in the Premises affects the temperature otherwise maintained by the air conditioning system, Landlord shall notify Tenant, and Tenant-shall, within twenty (20) days after receipt of such notice, remove or disconnect such machine or equipment; provided that if Tenant does not remove or disconnect such machine or equipment, Landlord may install supplementary air conditioning units in the Premises, and the cost thereof (including, but not limited to, the cost of installation, separate utility metering, operation and maintenance thereof) shall be paid by Tenant to Landlord upon demand by Landlord. If Landlord, in its reasonable discretion, determines that the operation of a bank branch or the ATM, or the use of the “Bank Visitor Only” parking spaces (as described in Section 334.8) requires the presence of a security guard, Tenant shall be solely responsible, at its cost, to provide same.
13.2 Notwithstanding the last sentence of Section 13.1 above, Tenant shall not, without the prior written consent of Landlord, in Landlord’s sole and absolute discretion, use in the Premises any apparatus, device, machine or equipment using excess lighting, electricity or water; nor shall Tenant connect any apparatus or device to sources of electrical current or water except through any existing electrical outlets or water pipes in the Premises; provided, that Tenant shall be entitled to use computers, photocopy, video teleconferencing, facsimile machines and related office equipment so long as they are properly connected and do not consume excess electricity. If Tenant shall require excess electricity (including, without limitation, for illuminating signage and/or for fitness/exercise room equipment) or water or any other resource in excess of that customarily supplied for use of similar premises, Tenant shall first request the consent of Landlord, in Landlord’s sole and absolute discretion, and obtain, at Tenant’s sole cost and expense, any additional consent required from governmental authorities. In the event that Landlord gives its consent and any such additional consent is obtained, Landlord may cause a separate metering device to be installed in the Premises so as to measure the amount of the resource consumed within the Premises. The cost of any such separate metering device including, but not limited to, the cost of installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall promptly pay the cost of all excess resources consumed within the Premises, together with any additional administrative expense incurred by Landlord in connection therewith, which shall include, without limitation, the cost of changing settings and any energy management system [“EMS”] personnel and HVAC contractors incurred in connection with providing such excess resources (and Landlord shall be entitled to charge an administrative fee/overhead in connection with such excess resources equal to ten percent (10%) of the administrative expense incurred by Landlord such as for changing settings or for EMS personnel and HVAC contractors; provided, that Landlord shall not charge such fee on the actual cost of the excess resources such as electricity). For purposes of the foregoing, excess electricity shall be deemed to consist of any amount consumed during a day in excess of .002 kilowatts per hour per usable square foot of the Premises for the number of business hours of the Building during that day as determined by Landlord for fluorescent lighting and .002 kilowatts per hour per usable square foot of the Premises for such number of business hours for convenience power.
13.3 Landlord shall not be in default hereunder or be liable for any damages directly or indirectly resulting from any interruption of utilities or services caused by (i) the installation or repair of any equipment in connection with the furnishing of utilities or services, (ii) acts of God or the elements, labor disturbances of any character, any other accidents or any other conditions beyond the reasonable control of Landlord, or by the making of repairs or improvements to the Premises or the Project (in which event Landlord shall use reasonable efforts to minimize any interference with Tenant’s use and quiet enjoyment of the Premises), or (iii) the limitation, curtailment, rationing or restriction imposed by any governmental agency or service or utility supplier on use of water or electricity, gas or any other form of energy or any other service or utility whatsoever serving the Premises or the Project. Furthermore, Landlord shall be entitled, without any obligation or compensation to Tenant, to cooperate voluntarily in a reasonable manner with the efforts of national, state or local governmental agencies or service or utility suppliers in reducing energy or other resource consumption; if Landlord shall so cooperate, Tenant shall also reasonably cooperate therewith. Notwithstanding the foregoing, if (a) utilities or other services necessary for the operation of Tenant’s business are interrupted, (b) such interruption (1) continues for more than three (3) business days following services:
Landlord’s receipt of written notice from Tenant advising of such interruption and (2) Adequate supplies for toilet rooms;
(3) Normal is materially and usual cleaning services for adversely affecting the Premises (except for the computer room) after operation of Tenant’s business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
Premises, and (4c) Air cooling/heating, when required, between such interruption is due to the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver negligence of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇then Base Rent shall a▇▇▇▇ from the expiration of such 3- day period until such interrupted utility or service is restored.
13.4 Landlord hereby permits Tenant to use an existing three and one- half (3 1/2) ton split system air-conditioning unit owned by Landlord (“Auxiliary HVAC Unit”) serving the existing first floor Premises Suite 1050 computer room. In consideration therefor, Tenant agrees to keep the unit in good maintenance and repair at Tenant’s sole cost and expense. Any replacement of the Auxiliary HVAC Unit during the term of the Lease shall be Tenant’s responsibility, and Landlord shall have no obligation, therefor. The computer room equipment electric circuits, including the Auxiliary HVAC Unit, the fitness/exercise room equipment, all signs, and any other electrical equipment in the Premises that would not typically be located in premises which were being used for general office purposes (collectively, the “Non-Typical Electrical Equipment”) shall be metered (or submetered) separately for electric utility consumption, and Tenant shall be obligated to pay Landlord for the consumption costs as determined hereinbelow. Electric utility consumption costs for the Non-Typical Electrical Equipment shall be computed by taking the electric consumption measured by separate meter in kilowatt hours (“KWH”) for a given time period (“Billing Period”) and multiplying it times the Project’s average unit cost per KWH for the corresponding Billing Period. The Project’s average electric utility consumption costs per KWH (“KWH Unit Cost”) shall be determined by taking the sum total of all Building standard ceiling lighting fixtures Project electric utility costs required to provide electric power for each Billing Period and dividing it by the Project’s total KWH consumption for the corresponding Billing Period. Any late payment penalties, if any, will be excluded from the total b▇▇▇ amount. By way of example, if the sum total costs of all Project electric utility bills for a particular Billing Period are $4,000 based on a total Project consumption of 45,000 KWH, the KWH Unit Cost is $0.089. If the electric utility consumption for the Non-Typical Electrical Equipment for the corresponding Billing Period is 850 KWH, then the amount payable by Tenant to Landlord is $75.65. Landlord shall determine how many Billing Periods there will be, but not less than one per year, in order to facilitate meter reading and accounting. At Landlord’s option, Tenant shall pay an estimated monthly amount for its share of the Premises; and
(7) An electronic card-key building access system which electric utility consumption costs based on its average consumption experience, and Tenant shall pay that amount along with its installment of monthly rent. In this event, the actual consumption costs payable by Tenant shall be reconciled at least annually with that paid by Tenant for a given time period. Any amount payable or overpaid will provide Tenant with twenty-four (24) hours per day, seven (7) days per week access be added or credited to the Building, Premises, elevators and parking lot, provided, however, that next monthly estimate payable in accordance herewith. All amounts paid by Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access hereunder shall be credited to the Premises or parking lot from time to timeProject Direct Costs.
Appears in 1 contract
Services and Utilities. Throughout the Lease Term, (a) Landlord agrees to will furnish to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises during the normal hours of operation of the Building (except for the computer room) after business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot hereinbelow) air-conditioning and --------- cold running water heating during the seasons when such utilities are required. Landlord will provide the following services consistent with the standards generally applicable to Class A suburban office buildings in the bathrooms;Market Area: char and janitorial service, electricity; elevator service; a perimeter access-control system for the Building; maintenance of the grounds and landscaping surrounding the Building, including prompt waste and snow removal; maintenance of interior common areas, including Lighting fixtures and bulb replacements, hot and cold water supply, restroom facilities and furnishing of lavatory supplies; and exterior window-cleaning service. Notwithstanding anything herein to the contrary, Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Building. At least one elevator cab shall be available for use by Tenant at all times. The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is the sole lessee of the Building. Landlord shall provide a Building security system in accordance with the Construction Drawings and Specifications, as defined in the Development Agreement. Tenant shall be permitted access to the Premises on a twenty-four hours, seven-days-a-week basis.
(4b) Air cooling/heatingTenant, when requiredfor so long as it is the sole lessee of the Building, between upon not less than thirty (30) days prior written notice to Landlord, may elect to perform janitorial or security services (the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard HoursAssumed Services"). If Tenant elects to perform either of the Assumed Services, (i) Landlord reserves shall not be obligated to perform such Assumed Service and shall have no liability to Tenant if such services are not performed to Tenant's satisfaction and (ii) all costs incurred in connection with providing the right Assumed Service shall be excluded from Operating Expenses. On the date of execution of this Lease, Tenant has elected to establish perform janitorial and collect char services in all secured areas of the Building, all research and development areas and all control centers of the Building. Tenant may, at any time upon thirty (30) days written notice to Landlord elect to discontinue the performance of the Assumed Services and Landlord shall be required to resume or commence such Assumed Service in accordance with Section 13.1(a) beginning on the date set forth in Tenant's notice and such costs shall be included in Operating Expenses. In the event Landlord reasonably determines that Tenant's provider of an Assumed Service is not providing such service in accordance with the standards applicable to Class A suburban office buildings in the Market Area, Landlord shall notify Tenant, in writing, of the deficiencies it has identified and Landlord and Tenant shall use commercially reasonable efforts to correct such identified deficiencies in the provision of such Assumed Service. If the provider of such Assumed Service fails to institute such corrective measures promptly after Tenant's receipt of Landlord's notice, Landlord shall have the right, at its option, upon thirty (30) days prior written notice to Tenant, to direct Tenant to terminate the provider of such Assumed Service and Landlord and Tenant shall mutually agree upon a charge different provider of such Assumed Service. Landlord shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for air cooling/heating utilized a period of thirty (30) days after Landlord has given notice to Tenant of such deficiency or failure; provided that if such deficiency or failure is not susceptible of being cured within such thirty (30) day period, Landlord shall not undertake any action if the provider of the Assumed Service commences curative action within such thirty (30) day period arid proceeds diligently thereafter to cure such deficiency or failure until completion.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability (despite the exercise of its commercially reasonable efforts) to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2 and Section 14.6 below, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant during hours and/or from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, but subject to the provisions of Section 14.6 below, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the "ELIGIBILITY PERIOD") as a result of any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than during Building Standard Hoursrepairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to herein as "SUSPENSION EVENTS"), but Landlordthen all Annual Base Rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, any interruption of utilities or services resulting from Tenant's failure to establish and/or collect such charge timely pay for any electricity that is billed directly to Tenant by the electric utility pursuant to Section 4.7 hereof shall not be deemed a waiver of Landlord's right Suspension Event and shall not entitle Tenant to include all costs for air cooling any rent abatement hereunder. Landlord will repair and restore any such interrupted services or utilities as soon as reasonably practicable following the interruption thereof.
(a) Landlord shall enter into a management agreement in form an substance approved by Tenant (the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars "MANAGEMENT AGREEMENT") with an entity designated by Landlord ($50.00) per hour"MANAGER"), subject to change from time Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed; provided, however that Tenant's approval of the terms and conditions of the Management Agreement and the Manager shall not be required if the Manager is Landlord or an Affiliate of Landlord and the terms of such agreement are substantially in the form attached hereto as Exhibit F. If the Management Agreement is with a third party' the Management Agreement shall contain a provision permitting Landlord to time by terminate the Management Agreement without liability on the part of Landlord or Tenant upon written thirty (30) days prior notice to Tenant (provided such charge reflects Landlord's costs only)Manager and Tenant. Any Management Agreement shall state that it is subject and subordinate to this Lease. Landlord acknowledges that agrees not to cancel, amend or extend the separate air conditioning unit servicing Management Agreement or appoint a new third-party Manager or enter into a new Management Agreement with a third party without Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed. For purposes of this Section 13.3, an "AFFILIATE OF LANDLORD" shall mean any corporation, association, trust, partnership, limited liability company, joint venture or other entity (i) which Controls (as herein defined) Landlord or (ii) which is under the computer room Control of Landlord through stock ownership or otherwise or (iii) which is not subject under common Control with Landlord. The terms "CONTROL" or "CONTROLS" as used in this Section 13.3 shall mean the power to directly or indirectly influence the foregoing additional charge;
(5) All electric bulbsdirection, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ management or policies of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the Premises Landlord or parking lot from time to timesuch other entity.
Appears in 1 contract
Services and Utilities. Throughout (a) Landlord agrees, without charge except as provided herein, and in accordance with standards reasonably established from time to time prevailing for office buildings in the Lease TermMetropolitan Detroit Area, Landlord agrees to furnish water to the Building for use in lavatories and drinking fountains (and to the Premises if the plans for the Premises so provide); during the hours from 8:00 a.m. to 6:00 p.m. on Monday through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, (excluding holidays) to furnish such heated or cooled air to the Premises as may, in the judgment of Landlord, be reasonably required for the comfortable use and occupancy of the Premises provided that Tenant complies with the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal recommendations of Landlord's engineer regarding occupancy and usual cleaning use of the Premises; to provided janitorial services for the Premises (except for the computer roomincluding such interior and exterior window washing as may be determined by Landlord but no less frequently than two (2) times per year), such janitorial services to be provided after 6:00 p.m. five (5) days a week or Monday through Friday (excluding, legal holidays); during ordinary business hours each day except on Saturdaysto cause electric current to be supplied for lighting the public portions of the Building or Building Complex; and to furnish such snow removal services to the Building Complex as may, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;judgment of Landlord, be reasonably required for safe access to the Building Complex. Landlord agrees to maintain the Building at a habitable level at all times and Tenant will have the ability to override the system to provide, at Tenant's cost, for HVAC before or after Building standard hours.
(4b) Air cooling/heating, when required, between Tenant hereby agrees to pay all charges with respect to electrical services furnished to or used within the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours")Premises. Landlord reserves agrees to provide and install appropriate meters at the right to establish and collect a charge Premises for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlordmeasuring Tenant's failure to establish and/or collect such charge shall not be deemed a waiver consumption of electricity as part of Landlord's right construction work pursuant to include Paragraph 20 (a) hereof. Tenant shall pay all costs such charges for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and electricity within ten (10) days after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ date of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the Premises or parking lot from time to time.submission of a monthly statement to
Appears in 1 contract
Sources: Office Building Lease (Michigan Heritage Bancorp Inc)
Services and Utilities. Throughout Landlord will furnish reasonably adequate water, lavatory supplies, fluorescent tube replacements, automatically operated elevator service, maintenance and preventive maintenance service for the Lease Termheating and air conditioning equipment (but not the cost of electricity for the operation of said equipment), and cleaning and char service in accordance with Exhibit E attached hereto (Monday through Friday, excluding holidays). The HVAC service provided by Landlord agrees to furnish the Premises shall be separately metered and controlled by Tenant and such service within the Premises shall be available to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises (except for the computer room) after business 24 hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heating, when required, between the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours"). Landlord reserves the right to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, seven (7) days per a week at no additional cost to Tenant. The HVAC specifications are set forth in Schedule 4 to the Work Agreement. Landlord agrees that (a) the Building condenser water system shall be available to Tenant 24 hours a day, seven (7) days a week at no additional cost to Tenant and (b) all main self contained air conditioning units serving the Premises shall be available to Tenant 24 hours a day, seven (7) days a week at no additional cost to Tenant, except for the cost of electricity to operate such units. The hours of 7:00 a.m. to 6:00 p.m. on Mondays through Fridays (exclusive of federal holidays) and from 9:00 a.m. to 1:00 p.m. on Saturdays (exclusive of federal holidays) are the "Building Hours." Tenant shall have access to the Premises 24 hours a day, seven (7) days a week (subject to the rules and regulations established from time to time by Landlord). There will be a minimum of one (1) elevator in operation at all times (i.e., 24 hours per day, 7 days per week) outside the Building Hours. Tenant shall not permit anyone, except for Tenant's employees and authorized guests to enter the Building at times other than the normal hours of operation of the Building. Tenant will comply, and will cause its permitted sublessees and their respective employees to comply, with all governmental regulations and orders concerning separation and recycling of trash and rubbish. Tenant shall promptly pay when due for all electricity used for the Premises, elevators which shall be measured by a meter (installed by Landlord at Landlord's sole cost and parking lotexpense) that measures the electrical usage for the Premises. If the Premises are separately submetered, Tenant shall be responsible for contracting directly with the local electricity supplier. If the Premises are not separately submetered, Landlord shall determine, based upon the ratio that the square footage of the Premises bears to t he total square footage covered by such meter, the amount that Tenant will be billed for electrical usage each month and Tenant shall pay such charge within ten (10) days after demand therefor. In addition, Tenant will be billed by Landlord each month for Tenant's Operating Expense Percentage for the actual and direct charge of electricity for the Building and Tenant shall pay such charge within ten (10) days after demand therefor. The parties agree to comply with all mandatory and voluntary energy conservation controls and requirements applicable to office buildings that are imposed or instituted by the federal or District of Columbia governments, including, without limitation, controls on the permitted range of temperature settings and requirements necessitating curtailment of the volume of energy consumption or the hours of operation of the Building. Any terms or conditions of this Lease that conflict with compliance with such controls or requirements shall be suspended for the duration of such controls or requirements. It is further agreed that compliance with such controls or requirements shall not be considered an eviction, actual or constructive, of Tenant and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. It is understood and agreed that Landlord shall not be liable for failure to furnish or for delay or suspension in furnishing, any of the utilities or services required to be provided or performed by Landlord caused by breakdown, maintenance, repairs, strikes, scarcity of labor or materials, acts of God, voluntary agreement between Landlord and any governmental body or agency or from any other cause whatsoever. It is further agreed that any such failure or inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Landlord shall use reasonable diligence to repair promptly any failure, interruption or suspension which is within Landlord's control. Notwithstanding the foregoing, if any interruption of utilities or services, which is due to the negligence of Landlord, its agents or employees, shall continue for more than three (3) consecutive business days and shall render any portion of the Premises unusable for the normal conduct of Tenant's business, and if Tenant does not in fact use or occupy such portion of the Premises, then all rent payable hereunder with respect to such portion of the Premises that Tenant does not occupy shall be abated retroactively to the first (1st) business day of such interruption and such abatement shall continue until such utility or service is fully restored to Tenant. Provided that if such interruption continues for more than thirty (30) consecutive business days, Tenant shall have the right to terminate this Lease upon written notice to Landlord delivered within ten (10) days after such 30-day period. Thereupon, this Lease shall terminate and expire on the date set forth in such notice, which date shall not be earlier than the date of the interruption of services nor more than ninety (90) days after the date of such notice. Except in the case of an emergency, Landlord will give Tenant at least five (5) days prior notice if Landlord intends to interrupt any services required to be furnished by Landlord hereunder. Within twenty (20) days after Landlord's receipt of Tenant's written request that the Premises be cleaned only by United States citizens, Landlord shall cause the Premises to be cleaned only by United States citizens. Tenant shall be responsible for any additional costs and expenses associated with Tenant's request; provided, however, that Tenant acknowledges if any other tenant(s) in the Building also requires this service, the tenants requiring this service shall be solely responsible for any additional costs and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access expenses in proportion to the Premises or parking lot from time amount of space leased by such tenant in the Building. Landlord shall make reasonable efforts so as not to timeincur unnecessary cost and expense with respect to this service.
Appears in 1 contract
Sources: Office Lease (Identix Inc)
Services and Utilities. Throughout the Lease Term, (a) Landlord agrees to shall furnish to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises (except for through the computer roomexisting Building system), during normal hours of operation of the Building, air-conditioning and heat (as separately submetered) after business hours each day except on Saturdays, Sundays and legal holidays recognized by during the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heating, seasons when they are required, between as and to the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard Hours")extent determined in Landlord's reasonable judgment. Landlord reserves the right shall also provide separately metered electricity to establish and collect a charge for air cooling/heating utilized by Tenant during hours and/or days other than during Building Standard Hours, but Landlord's failure to establish and/or collect such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, subject to change from time to time by Landlord upon written notice to Tenant (provided such charge reflects Landlord's costs only). Landlord acknowledges that the separate air conditioning unit servicing the computer room is not subject to the foregoing additional charge;
(5) All electric bulbs, ballasts and fluorescent tubes in standard light fixtures in the Premises and water, 24 hours per day, for standard office equipment, as and to the Common Areas;
(6) ▇▇▇▇▇▇▇ of all Building standard ceiling lighting fixtures in extent determined by Landlord. Landlord is not providing any janitorial services to the Premises; and
(7) An electronic card-key building . Tenant shall have access system which will provide Tenant with to the Building and the Premises twenty-four (24) hours per day, seven (7) days per week access every day of the year, subject to the Buildingexclusion during emergencies or repairs if, Premisesin Landlord's sole judgment, elevators and parking lot, such exclusion is necessary; provided, however, that Tenant acknowledges access through the Building's main lobby shall be subject to security procedures (e.g. the presentation of identification) as may be adopted by Landlord or the International Bank for Reconstruction and agrees Development (a/k/a The World Bank) from time to time and that repairselevator access outside normal business hours may be restricted by requiring the use of electronic access cards or similar means. All electronic access cards, hazardous conditions and circumstances beyond Landlordkeys, or their equivalents will be provided at Tenant's reasonable control expense. Landlord shall have the right to remove elevators from service as may prevent be required for moving freight or for servicing or maintaining the elevators and/or the Building; provided, however, that except in emergencies or following a casualty, Landlord will also provide at least one elevator subject to call; and, provided further, that elevators shall be used for access to the Permanent Premises only for disabled persons, when the staircase identified in the following sentence is under repair, or parking lot as may otherwise be required by law. In lieu of greater elevator access to the Permanent Premises, Tenant shall be afforded access 24 hours per day, every day, except in emergencies or when Landlord is performing repairs thereon, via a staircase that leads from time the Permanent Premises to timethe ▇▇▇▇ ▇▇▇▇▇▇ street entrance to the Building.
(b) The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 9:00 a.m. to noon on Saturday (except legal holidays), subject, however, to the right of the International Bank for Reconstruction and Development (a/k/a The World Bank) to change the same to be any consecutive twelve (12) hour period Monday-Friday and any consecutive three (3) hour period on Saturdays. There will be no normal hours of operation of the Building on Sundays or legal holidays and Landlord shall not be obligated to maintain or operate the Building at such times unless special arrangements are made by Tenant. Such special arrangements shall include, but are not limited to, the activation of the air-conditioning units as well as an additional hourly charge to activate the cooling towers; such charge includes components for Landlord's electric charges, chemical treatment costs, labor and overhead, and the cost of water, but does not include any profit to Landlord. Landlord will furnish all services and utilities required by this Lease only during the normal hours of operation of the Building unless otherwise specified herein.
(c) Tenant shall also be responsible for and agrees to pay the cost of all above-standard or non-standard uses of the utilities and services provided to the Premises. The parties acknowledge and agree that the Premises is separately metered for all electrical usage, and that the Premises' HVAC service is powered by electrical consumption measured on such separate meter. Except
(i) for the electrical costs associated with the provision of HVAC service to the Premises (which costs Tenant agrees to pay to Landlord promptly when billed), or (ii) to the extent such charges are permitted to be included in the sums constituting Annual Operating Charges, Landlord shall not charge Tenant for the electrical portion of HVAC service to the Premises.
(d) Tenant shall pay Landlord as additional rent for all electrical usage in the Premises as measured by the submeter installed therein. If such submeter covers an area (e.g., the Permanent Premises) that is larger than the area to which this Lease then applies (e.g., if possession of the Phase II Premises has not yet been delivered to Tenant), then electrical usage for the area covered by the submeter shall be equitably apportioned based on relative square footage (unless usage differs widely so that such an apportionment would itself be inequitable, in which event Landlord may make an allocation based upon its own reasonable judgment of what would be equitable under the circumstances). Prior to the installation of such submeter and the levying of additional rent for the use of electricity under the preceding sentences, Tenant shall pay Landlord, as additional rent for electric usage during normal hours of Building operation and at a building-standard level, Seventeen Cents ($0.17) per year per rentable square foot in any part of the Premises for which fixed monthly rent is not then abated under Section 3.1 above, such rent to be payable in equal monthly installments in advance on the Lease Commencement Date and thereafter on the first day of each calendar month until the submeter is operational (with a per diem refund if the submeter becomes operational on a day other than the first day of a calendar month); there shall be no charge for electrical usage under this sentence for any part of the Premises for which fixed monthly rent is abated under Section 3.1 above.
(e) Tenant shall provide, at its own cost and expense, janitorial services in the Premises in compliance with the cleaning specifications attached hereto as Exhibit D.
Appears in 1 contract
Sources: Lease Agreement (Edutrek Int Inc)
Services and Utilities. Throughout (a) Subject to all the Lease Termterms and provisions of this Agreement, Landlord agrees the Port Authority will furnish without additional charge to furnish to Tenant the following servicesLessee the following:
(21) Adequate supplies for toilet rooms;
Heat, ventilation and air cooling (3"HVAC") Normal and usual cleaning services for the Premises (except for the computer room) after business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot and --------- cold running water in the bathrooms;
(4) Air cooling/heating, when required, between during the hours of 8:00 o'clock A.M. and 6:00 P.M. Mondays through Fridays and between to 8:00 A.M. and 1:00 o'clock P.M. on Saturdays, except on legal holidays recognized normal business days in the premises in accordance with the design criteria and capacities set forth in Schedule D attached to this Agreement and hereby made a part hereof subject to the provisions of paragraph (b) of Section 12 of this Agreement entitled "Construction by the United States Government Lessee'. In the event the Lessee requires heat, ventilation and air cooling at times other than as provided herein ("Building Standard Hoursovertime HVAC"). Landlord reserves ) the right same shall be made available to establish and collect the premises, provided that a charge designated representative of the Lessee makes an oral request for air cooling/heating utilized such service by contacting the World Trade Center Tenant during hours and/or days other Support Office (currently 435-85 15) not later than during Building Standard Hours, but Landlord's failure to establish and/or collect 4:00 o'clock P.M. of the business day for which overtime HVAC is required (such charge shall not be deemed a waiver of Landlord's right to include all costs for air cooling in the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars ($50.00) per hour, advance notice requirement being subject to change by the Port Authority from time-to-time upon reasonable notice to the Lessee). Thereafter on such business day, the Lessee may request overtime HVAC by oral request made by the Lessee's designated representative and directed to the World Trade Center Operations Control Center, and the Port Authority shall endeavor in good faith to fulfill such request but shall have no liability to the Lessee whatsoever for its inability or failure to do so. The Lessee shall pay for such overtime HVAC at the Port Authority's standard, published per fan hour rate for overtime HVAC charged to other tenants at the World Trade Center, as such rate may be increased from time to time by Landlord upon written notice the Port Authority. Subject to Tenant the foregoing, the Port Authority's standard, published per fan per hour rate for overtime HVAC on the date of this Agreement is $27.50.
(provided 2) Access to the premises 24 hours per day, 365 days per year throughout the term of this Agreement, subject to Lessee's compliance with the Rules and Regulations, and with such charge reflects Landlord's costs only). Landlord acknowledges that other reasonable rules and regulations which may be imposed by the separate air conditioning unit Port Authority, including, without limitation, regulations establishing reasonable security checks; Credit Suisse 042799
(3) Six (6) passenger elevator cars servicing the computer room is premises from the lobby on business days during normal business hours and two (2) passenger elevator cars servicing the premises from the lobby at all other times.
(4) In the event the Lessee, in accordance with the provisions of Section 50 of this Agreement, elects to have the Port Authority provide cleaning services in the premises, then the Port Authority will provide cleaning services in any portion of the premises comprising an entire floor as described in Schedule B attached hereto and hereby made a part hereof, and cleaning services in any portion of the premises not subject comprising an entire floor as described in Schedule B-1 attached hereto and hereby made a part hereof The Port Authority will under no circumstances supply cleaning services in the premises prior to the foregoing additional charge;August 1, 2000.
(5) All electric bulbsWithout additional charge, ballasts and fluorescent tubes in standard light fixtures non-exclusive access to the freight elevator cars in the Premises freight elevator bank serving the loading dock in the basement of Five World Trade Center on business days during the hours of 6:00 o'clock A.M. to 8:00 o'clock P.M. on call, on a "first come, first served" basis in common with all other tenants and occupants of the Common Areas;World Trade Center.
(6) ▇▇▇▇▇▇▇ of all Building standard ceiling lighting fixtures The Port Authority shall furnish non-exclusive toilet and washroom facilities on any floor in the Premises; andwhich any Area not comprising an entire floor is located.
(7) An electronic card-key building access system The Port Authority shall provide the use of the loading docks in the World Trade Center on a "first come, first served" basis.
(i) The Port Authority shall furnish cold water, of the character furnished by the municipality or utility company supplying the same in the vicinity, and hot water, at a temperature of approximately 120K, both in reasonable quantities, for use by the Lessee through such fixtures and outlets as may be installed by the Lessee in any kitchens (but not including pantries which will provide Tenant with twenty-four (24) hours per daydo not have a stove or conventional ovens), seven (7) days per week access cafeteria or private bathrooms installed in the premises by the Lessee pursuant to the Building, Premises, elevators terms of this Agreement. The Port Authority shall measure the quantities of such cold and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access hot water supplied to the Premises Lessee by meters to be installed by the Port Authority in any kitchens or parking lot cafeteria installed in the premises and in any private bathrooms in the premises, and the Lessee shall pay to the Port Authority for such cold water and hot water as billed by the Port Authority from time to time.time at the following rates: (i) cold water at the rate of Forty-three Dollars and Fifty-four Cents ($43.54) per thousand cubic feet, and (ii) hot water at the rate of Seventy-four Dollars and Forty-five Cents ($74.45) per thousand cubic feet; the charges to be subject to increase from time to time by reason of increase in rates charged the Port Authority as provided in paragraph (g) of this Section 42, and with respect to the charge for metered hot water to also be subject to increase from time to time as follows: "Wage rate" as used in this paragraph shall mean the hourly straight time wage rate for Engineers as that wage rate is established from time to time by collective bargaining agreement between the Realty Advisory Board on Labor Relations, Incorporated, acting on behalf of various building owners, and Local 94 of the International Union of Operating Engineers, AFL-CIO, and "basic wage rate" shall mean the wage rate in effect on January 1, 1998. From and after the effective date of each wage rate established during the term of the letting under this Agreement, the Lessee shall pay charges for metered hot water in addition to the charge set forth above, such additional charge to be an amount computed by multiplying the said charge (as the same may have been theretofore increased pursuant to the provisions of paragraph (h) of this Section 42) by the percentage increase in the wage rate so established over the basic wage rate. If either the Realty Advisory Board on Labor Relations, Incorporated, or Local 94 of the International Union of Operating Engineers, AFL-CIO shall cease to exist or a collective bargaining agreement shall cease to be negotiated between the Realty Advisory Board on Labor Relations, Credit Suisse 042799
Appears in 1 contract
Sources: Lease Agreement (Credit Suisse First Boston Usa Inc)
Services and Utilities. Throughout the Lease Term, (a) Landlord agrees to will furnish to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises during the normal hours of operation of the Building (except for the computer room) after business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot hereinbelow) air-conditioning and --------- cold running water heating during the seasons when such utilities are required. Landlord will provide the following services consistent with the standards generally applicable to Class A suburban office buildings in the bathrooms;Market Area: char and janitorial service, electricity; elevator service; a perimeter access-control system for the Building; maintenance of the grounds and landscaping surrounding the Building, including prompt waste and snow removal; maintenance of interior common areas, including lighting fixtures and bulb replacements, hot and cold water supply, restroom facilities and furnishing of lavatory supplies; and exterior window-cleaning service. Notwithstanding anything herein to the contrary, Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Building. At least one elevator cab shall be available for use by Tenant at all times. The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is the sole lessee of the Building. Landlord shall provide a Building security system in accordance with the Construction Drawings and Specifications, as defined in the Development Agreement. Tenant shall be permitted access to the Premises on a twenty-four hours, seven-days-a-week basis.
(4b) Air cooling/heatingTenant, when requiredfor so long as it is the sole lessee of the Building, between upon not less than thirty (30) days prior written notice to Landlord, may elect to perform janitorial or security services (the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard HoursAssumed Services"). If Tenant elects to perform either of the Assumed Services, (i) Landlord reserves shall not be obligated to perform such Assumed Service and shall have no liability to Tenant if such services are not performed to Tenant's satisfaction and (ii) all costs incurred in connection with providing the right Assumed Service shall be excluded from Operating Expenses. On the date of execution of this Lease, Tenant has elected to establish perform janitorial and collect char services in all secured areas of the Building, all research and development areas and all control centers of the Building. Tenant may, at any time upon thirty (30) days written notice to Landlord elect to discontinue the performance of the Assumed Services and Landlord shall be required to resume or commence such Assumed Service in accordance with Section 13.1(a) beginning on the date set forth in Tenant's notice and such costs shall be included in Operating Expenses. In the event Landlord reasonably determines that Tenant's provider of an Assumed Service is not providing such service in accordance with the standards applicable to Class A suburban office buildings in the Market Area, Landlord shall notify Tenant, in writing, of the deficiencies it has identified and Landlord and Tenant shall use commercially reasonable efforts to correct such identified deficiencies in the provision of such Assumed Service. If the provider of such Assumed Service fails to institute such corrective measures promptly after Tenant's receipt of Landlord's notice, Landlord shall have the right, at its option, upon thirty (30) days prior written notice to Tenant, to direct Tenant to terminate the provider of such Assumed Service and Landlord and Tenant shall mutually agree upon a charge different provider of such Assumed Service. Landlord shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for air cooling/heating utilized a period of thirty (30) days after Landlord has given notice to Tenant of such deficiency or failure; provided that if such deficiency or failure is not susceptible of being cured within such thirty (30) day period, Landlord shall not undertake any action if the provider of the Assumed Service commences curative action within such thirty (30) day period and proceeds diligently thereafter to cure such deficiency or failure until completion.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability (despite the exercise of its commercially reasonable efforts) to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2 and Section 14.6 below, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant during hours and/or from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, but subject to the provisions of Section 14.6 below, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the "ELIGIBILITY PERIOD") as a result of any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than during Building Standard Hoursrepairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to herein as "SUSPENSION EVENTS"), but Landlordthen all Annual Base Rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, any interruption of utilities or services resulting from Tenant's failure to establish and/or collect such charge timely pay for any electricity that is billed directly to Tenant by the electric utility pursuant to Section 4.7 hereof shall not be deemed a waiver of Landlord's right Suspension Event and shall not entitle Tenant to include all costs for air cooling any rent abatement hereunder. Landlord will repair and restore any such interrupted services or utilities as soon as reasonably practicable following the interruption thereof.
(a) Landlord shall enter into a management agreement in form an substance approved by Tenant (the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars "MANAGEMENT AGREEMENT") with an entity designated by Landlord ($50.00) per hour"MANAGER"), subject to change from time Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed; provided, however that Tenant's approval of the terms and conditions of the Management Agreement and the Manager shall not be required if the Manager is Landlord or an Affiliate of Landlord and the terms of such agreement are substantially in the form attached hereto as Exhibit F. If the Management Agreement is with a third party, the Management Agreement shall contain a provision permitting Landlord to time by terminate the Management Agreement without liability on the part of Landlord or Tenant upon written thirty (30) days prior notice to Tenant (provided such charge reflects Landlord's costs only)Manager and Tenant. Any Management Agreement shall state that it is subject and subordinate to this Lease. Landlord acknowledges that agrees not to cancel, amend or extend the separate air conditioning unit servicing Management Agreement or appoint a new third-party Manager or enter into a new Management Agreement with a third party without Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed. For purposes of this Section 13.3, an "AFFILIATE OF LANDLORD" shall mean any corporation, association, trust, partnership, limited liability company, joint venture or other entity (i) which Controls (as herein defined) Landlord or (ii) which is under the computer room Control of Landlord through stock ownership or otherwise or (iii) which is not subject under common Control with Landlord. The terms "CONTROL" or "CONTROLS" as used in this Section 13.3 shall mean the power to directly or indirectly influence the foregoing additional charge;
(5) All electric bulbsdirection, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ management or policies of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the Premises Landlord or parking lot from time to timesuch other entity.
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Services and Utilities. Throughout the Lease Term, (a) Landlord agrees to will furnish to Tenant the following services:
(2) Adequate supplies for toilet rooms;
(3) Normal and usual cleaning services for the Premises during the normal hours of operation of the Building (except for the computer room) after business hours each day except on Saturdays, Sundays and legal holidays recognized by the United States Government as set forth in Exhibit E; Hot hereinbelow) air-conditioning and --------- cold running water heating during the seasons when such utilities are required. Landlord will provide the following services consistent with the standards generally applicable to Class A suburban office buildings in the bathrooms;Market Area: char and janitorial service, electricity; elevator service; a perimeter access-control system for the Building; maintenance of the grounds and landscaping surrounding the Building, including prompt waste and snow removal; maintenance of interior common areas, including lighting fixtures and bulb replacements, hot and cold water supply, restroom facilities and furnishing of lavatory supplies; and exterior window-cleaning service. Notwithstanding anything herein to the contrary, Landlord shall have the right to remove elevators from service as may be required for moving freight, or for servicing and maintaining the elevators or the Building. At least one elevator cab shall be available for use by Tenant at all times. The normal hours of operation of the Building will be 7:00 a.m. to 7:00 p.m. on Monday through Friday (except legal holidays) and 8:00 a.m. to 2:00 p.m. on Saturday (except legal holidays) or such alternative hours of operation as Tenant may designate so long as Tenant is the sole lessee of the Building. Landlord shall provide a Building security system in accordance with the Construction Drawings and Specifications, as defined in the Phase II Development Agreement. Tenant shall be permitted access to the Premises on a twenty-four hours, seven-days-a-week basis.
(4b) Air cooling/heatingTenant, when requiredfor so long as it is the sole lessee of the Building, between upon not less than thirty (30) days prior written notice to Landlord, may elect to perform janitorial or security services (the hours of 8:00 A.M. and 6:00 P.M. Mondays through Fridays and between 8:00 A.M. and 1:00 P.M. on Saturdays, except on legal holidays recognized by the United States Government ("Building Standard HoursAssumed Services"). If Tenant elects to perform either of the Assumed Services, (i) Landlord reserves shall not be obligated to perform such Assumed Service and shall have no liability to Tenant if such services are not performed to Tenant's satisfaction and (ii) all costs incurred in connection with providing the right Assumed Service shall be excluded from Operating Expenses. On the date of execution of this Lease, Tenant has elected to establish perform janitorial and collect char services in all secured areas of the Building, all research and development areas and all control centers of the Building. Tenant may, at any time upon thirty (30) days written notice to Landlord elect to discontinue the performance of the Assumed Services and Landlord shall be required to resume or commence such Assumed Service in accordance with Section 13.1(a) beginning on the date set forth in Tenant's notice and such costs shall be included in Operating Expenses. In the event Landlord reasonably determines that Tenant's provider of an Assumed Service is not providing such service in accordance with the standards applicable to Class A suburban office buildings in the Market Area, Landlord shall notify Tenant, in writing, of the deficiencies it has identified and Landlord and Tenant shall use commercially reasonable efforts to correct such identified deficiencies in the provision of such Assumed Service. If the provider of such Assumed Service fails to institute such corrective measures promptly after Tenant's receipt of Landlord's notice, Landlord shall have the right, at its option, upon thirty (30) days prior written notice to Tenant, to direct Tenant to terminate the provider of such Assumed Service and Landlord and Tenant shall mutually agree upon a charge different provider of such Assumed Service. Landlord shall not undertake any action under the preceding sentence unless such violation or failure shall continue uncured for air cooling/heating utilized a period of thirty (30) days after Landlord has given notice to Tenant of such deficiency or failure; provided that if such deficiency or failure is not susceptible of being cured within such thirty (30) day period, Landlord shall not undertake any action if the provider of the Assumed Service commences curative action within such thirty (30) day period and proceeds diligently thereafter to cure such deficiency or failure until completion.
13.2 It is understood and agreed that Landlord shall not have any liability to Tenant whatsoever as a result of Landlord's inability (despite the exercise of its commercially reasonable efforts) to furnish any of the utilities or services required to be furnished by Landlord under the terms of this Lease, whether resulting from breakdown, removal from service for maintenance or repairs, strikes, scarcity of labor or materials, acts of God, governmental requirements or from any other cause whatsoever. It is further agreed that, except as provided in this Section 13.2 and Section 14.6 below, any such inability to furnish the utilities or services required hereunder shall not be considered an eviction, actual or constructive, of Tenant during hours and/or from the Premises, and shall not entitle Tenant to terminate this Lease or to an abatement of any rent payable hereunder. Notwithstanding the foregoing or anything else in this Lease, but subject to the provisions of Section 14.6 below, in the event that Tenant is prevented from using, and does not use, the Premises or any portion thereof for five (5) consecutive business days or for ten (10) business days in any twelve (12) month period (the "ELIGIBILITY PERIOD") as a result of any interruption of utilities or services or access (including elevator access) or any repair, maintenance or alteration performed by Landlord after the Lease Commencement Date (other than during Building Standard Hoursrepairs undertaken pursuant to Article XVI hereof) which renders the Premises inaccessible or untenantable (the foregoing circumstances being referred to herein as "SUSPENSION EVENTS"), but Landlordthen all Annual Base Rent and additional rent payable hereunder shall be reduced after expiration of the Eligibility Period for such time that Tenant continues to be so prevented from using, and does not use, the Premises or a portion thereof, in the proportion that the rentable area of the portion of the Premises that Tenant is prevented from using, and does not use, bears to the total rentable area of the Premises; provided that, any interruption of utilities or services resulting from Tenant's failure to establish and/or collect such charge timely pay for any electricity that is billed directly to Tenant by the electric utility pursuant to Section 4.7 hereof shall not be deemed a waiver of Landlord's right Suspension Event and shall not entitle Tenant to include all costs for air cooling any rent abatement hereunder. Landlord will repair and restore any such interrupted services or utilities as soon as reasonably practicable following the interruption thereof.
(a) Landlord shall enter into a management agreement in form and substance approved by Tenant (the computation of Operating Expenses. The cost for cooling/heating and electric to Tenant other than during Building Standard Hours from and after the Lease Commencement Date will be Fifty Dollars "MANAGEMENT AGREEMENT") with an entity designated by Landlord ($50.00) per hour"MANAGER"), subject to change from time Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed; provided, however that Tenant's approval of the terms and conditions of the Management Agreement and the Manager shall not be required if the Manager is Landlord or an Affiliate of Landlord and the terms of such agreement are substantially in the form attached hereto as Exhibit F. If the Management Agreement is with a third party, the Management Agreement shall contain a provision permitting Landlord to time by terminate the Management Agreement without liability on the part of Landlord or Tenant upon written thirty (30) days prior notice to Tenant (provided such charge reflects Landlord's costs only)Manager and Tenant. Any Management Agreement shall state that it is subject and subordinate to this Lease. Landlord acknowledges that agrees not to cancel, amend or extend the separate air conditioning unit servicing Management Agreement or appoint a new third-party Manager or enter into a new Management Agreement with a third party without Tenant's approval, which shall not be unreasonably withheld, conditioned or delayed. For purposes of this Section 13.3, an "AFFILIATE OF LANDLORD" shall mean any corporation, association, trust, partnership, limited liability company, joint venture or other entity (i) which Controls (as herein defined) Landlord or (ii) which is under the computer room Control of Landlord through stock ownership or otherwise or (iii) which is not subject under common Control with Landlord. The terms "CONTROL" or "CONTROLS" as used in this Section 13.3 shall mean the power to directly or indirectly influence the foregoing additional charge;
(5) All electric bulbsdirection, ballasts and fluorescent tubes in standard light fixtures in the Premises and the Common Areas;
(6) ▇▇▇▇▇▇▇ management or policies of all Building standard ceiling lighting fixtures in the Premises; and
(7) An electronic card-key building access system which will provide Tenant with twenty-four (24) hours per day, seven (7) days per week access to the Building, Premises, elevators and parking lot, provided, however, that Tenant acknowledges and agrees that repairs, hazardous conditions and circumstances beyond Landlord's reasonable control may prevent access to the Premises Landlord or parking lot from time to timesuch other entity.
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