UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent): (a) Electricity, water, gas and sewer service; (b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises); (c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and (d) Janitorial and window washing service to the common areas. 7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises. 7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above. 7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed. 7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, use any apparatus or device on Landlord may elect to include such cost in the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current definition of Project Costs in excess which event Tenant shall pay Tenant’s proportionate share of 110 volts) which will such costs in any way increase the amount of electricity or water usually supplied at the Premisesmanner set forth in Section 4.2. Tenant shall not connect with electrical currentalso pay to Landlord as an item of additional rent, except through existing electrical outlets within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If Tenant requires water the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or electric current in excess after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of that usually supplied at said hours by Landlord. If the HVAC unit(s) serve only the Premises, Tenant “after hours” shall first procure mean more than 66 hours of usage during any week during the written consent Term. “After hours” usage shall be determined based upon the operation of Landlord for the use thereof. Landlord may cause applicable HVAC unit during each of the foregoing periods on a water meter “non-cumulative” basis (that is, without regard to Tenant’s usage or electric current meter to be installed in nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean the following charges for each hour of “after hours” use (in addition to the applicable electricity charges paid to the utility provider) of the following described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-30 ton HVAC units and (iii) $10.00 per hour for HVAC units of greater than 30 tons. July 29, 2013 1 The cost of such meters and of installation, maintenance, and repair thereof following requirements for Tenant’s insurance shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at in effect during the rates charged for such services by the City of Seattle or the local public utilityTerm, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled also cause any subtenant to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of comply with the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlordrequirements. Landlord shall not be liable for loss or injury reserves the right to persons or property, however arising, occurring in connection with or attributable adopt reasonable nondiscriminatory modifications and additions to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damagesthese requirements.
Appears in 2 contracts
Sources: Lease (Lombard Medical, Inc.), Lease (Lombard Medical, Inc.)
UTILITIES AND SERVICE. 7.1 During It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of provided on the Lease Cover Sheet in addition to the monthly rent):premises:
(a) Tenant will provide Electricity, water, gas water and sewer service;, since the services are billed to the Landlord, the Tenant will pay a monthly sum ( ) subject to annual review based upon the average usage the previous year.
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant The Landlord shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat provide heat to such extent and to such levels as, in the Landlord's ’s judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; andPremises.
(dc) Janitorial Tenant will provide landscaping and window washing service grounds keeping to the common areasareas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 abovethis Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle ▇▇▇▇▇▇▇ or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's ’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's ’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by ▇▇▇▇▇▇▇▇’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services not expressly required furnished directly to be Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of utilities and services provided and paid by Landlord pursuant that are not separately metered to the provisions of paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (includinge.g. refuse pickup), but without limitation theretoand Tenant shall pay such amount to Landlord, electronic data processing machinesas an item of additional rent, punch card machines within 30 days after delivery of Landlord’s statement or machines using current invoice therefor. Alternatively, Landlord may elect to include such cost in excess the definition of 110 voltsProject Costs in which event Tenant shall pay Tenants proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an Item of additional rent, within 30 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) which will in for “after hours” usage by Tenant of each HVAC unit servicing the Premises, except no “after hours” charges shall be applicable for any way increase supplemental HVAC units servicing the amount lab and server room portions of electricity or water usually supplied at the Premises. Tenant “After hours” shall not connect with electrical currentmean more than an average of 9.5 hours of usage per day determined on a monthly basis during the Term. “After hours” usage shall be determined based upon the operation of the applicable HVAC unit during each monthly period on a “non-cumulative” basis (that is, except through existing electrical outlets in the Premises. If Tenant requires water without regard to Tenant’s usage or electric current in excess nonusage of that usually supplied at other unit(s) serving the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any applicable unit during other periods of the foregoing utilities or services unless such failure was due Term). As used herein, “standard charges” shall mean the following charges for each hour of “after hours” use (in addition to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only applicable electricity charges paid to the extent due to utility provider) of the gross negligence or intentional misconduct following described HVAC units: (i) $5.00 per hour for 1-5 ton HVAC units, (ii) $7.50 per hour for 6-30 ton HVAC units and (iii) $10.00 per hour for HVAC units of Landlordgreater than 30 tons. After hours charges shall become effective only beginning on November 1, and in no event shall Landlord be liable for Tenant's consequential damages2016.
Appears in 1 contract
Sources: Lease Agreement (eASIC Corp)
UTILITIES AND SERVICE. 7.1 During 7.01 Lessor shall provide at Lessors sole expense separate electricity and gas meters for the term of this Lease, Landlord will Demised Premises. Lessee shall establish its own account with the utility company to provide electricity and gas service to the Demised Premises Monday through Friday each weekand shall pay all fees and charges for such service directly to the utility company.
7.02 Lessee shall pay, as additional rent, Lessee's pro-rata share the cost of the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition furnished to the monthly rent):
(a) ElectricityDemised Premises, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant which pro-rata share shall be responsible for the ordering and installation of telephone lines and equipment proportion to which pertain the Demised Premises bears to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to all other buildings which share the common areas.
7.2 Tenant shall(a) 22.05% of all water, at its own costssewer, provide custodial and grounds keeping Common Area maintenance charges for the Industrial Center as billed to Lessee by Lessor, including but not limited to, landscape maintenance, lighting maintenance, utility charges, and parking lot sweeping.
(if the grounds are included in the leased Premisesb) services Garbage collection charges attributable to the Demised Premises, as billed to Lessee by Lessor according to Lessee's actual usage thereof. The foregoing charges shall be due and payable to Lessor within ten (10) days after receipt of a billing therefor by Lessee, which billing shall contain evidence of the method by which Lessor calculated Lessee's use of water, sewer and common area maintenance service.
7.3 Tenant 7.03 Lessor shall arrange for maintain the Common Areas of the Industrial Building in good condition and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical currentrepair, except through existing electrical outlets in the Premises. If Tenant requires water for damage occasioned by negligence or electric current in excess willful misconduct of that usually supplied at the PremisesLessee or Lessee's agents or invitees, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof which damage shall be paid promptly repaired by Tenant. Lessor in a good and w▇▇▇▇▇▇ further agrees like fashion at Lessee's expense. Lessor shall have no obligation to pay Landlord promptly upon demand provide janitorial service for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumedDemised Premises.
7.5 Landlord 7.04 Lessor shall not be in default hereunder or be liable for and Tenant any damages directly or indirectly resulting from, nor shall not the rent provided herein be entitled to terminate this Lease or to effectuate any abatement or reduction of rent abated by reason of LandlordLessor's failure to provide furnish or furnish delay in furnishing any of the foregoing utilities or services unless when such failure was due to or delay is caused by accident, breakage, repairs, strikes, lockouts or other labor dispute, or by limitation, curtailment, rationing or restrictions on use of electricity, gas, water or other utility, or any other cause, similar or dissimilar, beyond the gross negligence reasonable control of Lessor. Notwithstanding the above in the event said delay or intentional misconduct of Landlord. Landlord shall not be liable failure continues for loss a period longer than ten (10) days, rent a▇▇▇▇ until said delay or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damagesis cured.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 10 days after delivery of Landlord's statement or invoice therefor. Alternatively, use any apparatus or device on Landlord may elect to include such cost in the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current definition of Project Costs in excess which event Tenant shall pay Tenant's proportionate share of 110 volts) which will such costs in any way increase the amount of electricity or water usually supplied at the Premisesmanner set forth in Section 4.2. Tenant shall not connect with electrical currentalso pay to Landlord as an item of additional rent, except through existing electrical outlets within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If Tenant requires water the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or electric current in excess after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of that usually supplied at said hours by Landlord. If the HVAC unit(s) serve only the Premises, Tenant “after hours” shall first procure mean more than 66 hours of usage during any week during the written consent of Landlord for the use thereofTerm. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof “After hours” usage shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly determined based upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account operation of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any applicable HVAC unit during each of the foregoing utilities periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or services unless such failure was due to nonusage of other unit(s) serving the gross negligence Premises, or intentional misconduct of Landlordthe applicable unit during other periods of the Term). Landlord shall not be liable for loss or injury to persons or propertyAs used herein, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.“
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 30 days after delivery of Landlord's statement or invoice therefor. Alternatively, use any apparatus or device on Landlord may elect to include such cost in the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current definition of Project Costs in excess which event Tenant shall pay Tenant's proportionate share of 110 volts) which will such costs in any way increase the amount of electricity or water usually supplied at the Premisesmanner set forth in Section 4.2. Tenant shall not connect with electrical currentalso pay to Landlord as an item of additional rent, except through existing electrical outlets within 30 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the office portion of the Premises; it being understood that there shall be no standard/additional charges for after-hours usage of the HVAC units servicing the lab portion of the Premises. If Tenant requires water the HVAC unit(s) servicing the office portion of the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or electric current in excess after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of that usually supplied at said hours by Landlord. If the HVAC unit(s) serve only the office portion of the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.“
Appears in 1 contract
Sources: Lease Agreement (BioPharmX Corp)
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 30 days after delivery of Landlord’s statement or invoice therefor. Alternatively, use any apparatus Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or device on invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess electricity charge paid to the utility provider) for “after hours” usage by Tenant of 110 volts) which will in any way increase the amount of electricity or water usually supplied at each HVAC unit servicing the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.“
Appears in 1 contract
Sources: Lease (Boot Barn Holdings, Inc.)
UTILITIES AND SERVICE. 7.1 During It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of provided on the Lease Cover Sheet in addition to the monthly rent):premises:
(a) Tenant will provide Electricity, water, gas water and sewer service;, since the services are billed to the Landlord, the Tenant will pay a monthly sum ($300.00) subject to annual review based upon the average usage the previous year.
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant The Landlord shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat provide heat to such extent and to such levels as, in the Landlord's ’s judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; andPremises.
(dc) Janitorial Tenant will provide landscaping and window washing service grounds keeping to the common areasareas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 abovethis Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle ▇▇▇▇▇▇▇ or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's ’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's ’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by ▇▇▇▇▇▇▇▇’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
Sources: Lease Agreement
UTILITIES AND SERVICE. 7.1 During the term of this Lease, 14.1 Landlord will provide shall furnish to the Premises between the hours of 7:00 a.m. and 10:00 p.m. Monday through Friday each weekand between the hours of 8:00 a.m. and 5:00 p.m. on Saturday, except legal holidays, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):services:
(a) ElectricityAir conditioning, waterheating and ventilation, gas subject to prudent energy conservation practices and sewer servicethe availability of energy resources;
(b) Telephone connectionElectric current for normal lighting purposes and operation of small business or medical machines such as typewriters, but not including telephone stations adding machines, small copying machines, small copying machines and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises)calculators;
(c) Heat to such extent Usual janitorial and to such levels asmaintenance service, including vacuuming and sweeping of floors, dusting, emptying of wastebaskets, and replacement of fluorescent tubes in Landlord's judgment, is reasonably required for the comfortable use and occupancy of standard lighting fixtures installed in the Premises while premises also are occupied by Landlord's educational programs. Landlord shall also maintain and keep lighted the common entries and toilet rooms in the Building;
(d) Elevator service; and
(de) Janitorial and window washing All water service to the common areasBuilding, subject to the imposition of mandatory use or quantity limitations by applicable governmental agencies or authorities.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 14.2 Tenant shall not, without the written consent of Landlord, use any apparatus or device on in the Premises (includingother than those business machines referred to above, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which that will in any way increase the amount of electricity or water usually furnished or supplied at for use of the Premises. Tenant shall not connect with electrical currentPremises as general office space, except through existing electrical outlets in or that will materially affect the Premises. If Tenant requires water or electric current in excess of that usually supplied at temperature otherwise maintained by the Premises, Tenant shall first procure the written consent of Landlord for the use thereofair conditioning system. Landlord may cause a water meter or an electric current or water meter to be installed in the Premises. The Premises to measure the amount of electric current or water consumed for any such additional use, and shall have the right to install any machinery and equipment which Landlord reasonably deems necessary to restore temperature balance, including, without limitation, modifications to the standard air conditioning equipment, with the costs of such installation and any additional cost of such meters operation and of installation, maintenance, and repair thereof shall maintenance occasioned thereby to be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 14.3 If Landlord provides electrical power in excess of normal office usage levels in order for Tenant to operate any heat generating data processing or other equipment requiring extra electrical power, and the Premises are not separately metered, or if Landlord provides any other utility or service which is in excess of that contemplated for routine office purposes, including additional cooling necessitated by Tenant's equipment, Landlord shall not reasonably determine the cost of such additional power or additional utility or service, and Tenant shall pay the cost thereof on a monthly basis to Landlord within ten (10) days after invoice. Tenant, at its cost and expense, shall provide telephone service to the Premises, and Tenant shall pay all charges for said telephone service.
14.4 Landlord shall in no event be liable for and Tenant shall not be entitled to terminate this Lease any interruption or to effectuate failure of utility services on the Premises, nor for any abatement or reduction of rent energy consumption within the Premises as required by reason of Landlord's failure to provide any mandatory or furnish any of the foregoing utilities voluntary fuel or services unless such failure was due to the gross negligence energy allocation or intentional misconduct of Landlord. Landlord conservation statute, regulation, order or program, nor shall not this lease be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damagesaffected thereby.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During A. Landlord agrees to furnish water, electricity, elevator service, and janitorial service. In the term event Tenant’s requirements and/or usage of such utilities and services is substantially greater than is customarily supplied to a typical tenant in the Building, Landlord or Tenant may request that the difference in such requirement and/or usage be determined and that appropriate adjustments be made in the Minimum Rental provided for in Article 3 of this LeaseLease Agreement.
B. Landlord agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season in accordance with the standards of comparable office buildings, Landlord will provide all during normal business hours as defined in this Lease Agreement. Notwithstanding the foregoing, upon reasonable advance notice by Tenant to Landlord, HVAC services shall be made available to the Premises Monday through Friday each weekafter normal business hours, at a charge to Tenant not to exceed Landlord’s actual costs therefor.
C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under Landlord’s control, shall be deemed as an eviction of the Tenant or relieve the Tenant from any of the Tenant’s obligations hereunder. Notwithstanding the foregoing, in the event (i) either (x) such interruption or failure of services is caused by the negligence or willful misconduct of Landlord or (y) the restoration of such services is within the reasonable control of Landlord and Landlord fails to take commercially reasonable steps to restore such services as soon as reasonably possible, (ii) the interruption or failure of such services continues for a period of five (5) consecutive business days following notice by Tenant to Landlord, and (iii) as a result of such interruption or failure of services, the following utilities and services (provided thatPremises, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels asor a portion thereof are rendered untenantable and, in Landlord's judgmentfact, is reasonably required for Tenant does not use the comfortable use and occupancy untenantable portion of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial for its normal business operations during said period of time, then in such case, the payment of Minimum Rental and window washing service to the common areas.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant Additional Rental under Article 6 of this Lease Agreement shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. thereafter ▇▇▇▇▇▇ further agrees , in the proportion that the untenantable portion of the Premises bears to pay Landlord promptly upon demand for all the entire Premises, until such water and electric current consumed at the rates charged for time as such services by are restored to the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account untenantable portion of the water and electric current so consumedPremises or Tenant begins again to use such Premises for its normal business operations, whichever occurs first.
7.5 Landlord D. For the purposes of this Article 7, normal business hours shall not be liable for deemed to mean the periods of time between 6:00 a.m. and 6:00 p.m., Monday through Friday and 8:00 a.m. and 1:00 p.m. on Saturdays, and specifically excluding Sundays and legal holidays. Notwithstanding the foregoing, Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due have elevator access to the gross negligence or intentional misconduct of Premises all day, every day subject to Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless ’s card access system and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damagesother security measures.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, use any apparatus Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or device on invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess electricity charge paid to the utility provider) for “after hours” usage by Tenant of 110 volts) which will in any way increase the amount of electricity or water usually supplied at each HVAC unit servicing the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.“
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During Subject to reasonable Building rules and regulations, Landlord shall make available for Tenant's use electricity, water and elevator service on a twenty-four (24) hour basis, seven (7) days per week. Landlord shall provide or cause to be provided the term mains, conduits and other facilities necessary to supply water, electricity, telephone service (specifically T-1 lines) and sewage service to the Leased Premises. Tenant shall maintain plumbing and electrical lighting fixtures in the Leased Premises. Landlord shall provide routine maintenance, painting, plumbing and electric lighting service for all Common Areas and special service areas of the Property in the manner and to the extent deemed by the Landlord to be standard. Landlord may, in its sole discretion, provide additional services not enumerated herein. Landlord shall not be liable for any interruption whatsoever in utility services furnished by it which are due to Acts of God or Force Majeure. Moreover, Landlord shall not be liable for any interruption of such utility services which continues during any reasonable period necessary to restore such service upon the occurrence of any of the foregoing conditions. Failure by Landlord to any extent to provide any services of Landlord specified herein or any other services not specified, or any cessation thereof, shall not render Landlord liable in any respect for damages to either person or property (other than if caused by the gross negligence or willful misconduct of Landlord, its agents or employees), be construed as an eviction of Tenant, work an abatement of rent or relieve Tenant from fulfillment of any covenant in this Lease. If any of the equipment or machinery necessary or useful for provision of any utility services, and for which Landlord is responsible, breaks down, or for any cause ceases to function properly, Landlord will shall use reasonable diligence to repair the same promptly, but Tenant shall have no claim for rebate of rent or damages on account of any interruption in service occasioned from the repairs. Tenant shall provide janitorial service to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shall, at its own costs, provide custodial expense. The air conditioning and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required heating service to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 this Lease shall be adequate to maintain temperatures and humidity in the Premises at levels reasonably acceptable to Landlord and Tenant, and Landlord shall be responsible for any and all repairs, replacements, and/or modifications required to assure such service. Notwithstanding anything to the contrary stated hereinabove, Tenant shall notbe responsible for payment of all expenses related to the use of utilities to the Leased Premises, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation theretonot limited to, electronic data processing machinesdeposits, punch card machines or machines using current installation and start-up fees and monthly invoices for electrical power and water utilized in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Leased Premises. Tenant shall not connect with electrical currentLandlord may, except through existing electrical outlets in at its option, separately meter the Leased Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During 7.01. Landlord shall furnish hot and cold water in the term of this Leasepublic lavatories located on the floor(s) on which the Demised Premises are located, Landlord will provide and shall furnish separately metered hot and cold water to the Demised Premises Monday if the Demised Premises include plumbing fixtures. The installation of the meter shall be at Landlord’s expense.
7.02. Landlord shall furnish heat and cooling to the Demised Premises through Friday each weeka separate HVAC system which, the following utilities prior to installation, shall be subject to reasonable review by Tenant’s engineers. Tenant’s consumption of heat shall be measured by submeter and services (provided that, costs for additional heat, electricity and utilities incurred calculated by Landlord due applying to Tenant's use will ’s consumption 100% of the public utility rate schedule then applicable to Landlord for purchase of gas for the Building. Bills for heat shall be billed to rendered at such times as Landlord may elect, and such invoices shall be paid by Tenant as Additional Rent within ten (10) business days of Tenant, ’s receipt thereof. Tenant’s consumption of electricity for air conditioning shall be measured and payable as stated set forth in Section 1.10 of 5.01.
7.03. Landlord shall furnish automatic, non-attended elevator service for the Lease Cover Sheet Demised Premises in addition common with other tenants in the Building.
7.04. Landlord shall furnish electrical energy to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible Demised Premises for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing ordinary small office machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the PremisesPC’s, lighting fixtures for use during typical business hours, a microwave, refrigerator and coffee machines. Tenant shall not connect with any machines that exceed the capacity of the electrical current, except through existing electrical outlets in system serving the Premises. If Tenant requires water Demised Premises or electric current dissipate heat in excess of that usually supplied at for which the PremisesHVAC system is designed, Tenant shall first procure and agrees that the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed connected load in the Premises. The cost of such meters and of installation, maintenance, and repair thereof Demised Premises shall be paid by Tenant. ▇not in the aggregate exceed 5 ▇▇▇▇▇ further agrees at 120 volts single phase per rentable square foot, exclusive of air conditioning, except with the prior written consent of Landlord.
7.05. It is understood that if any services to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred be provided by Landlord in keeping account are interrupted by reason of accident, construction or any other reason (other than the water and electric current so consumed.
7.5 intentional misconduct or negligence of Landlord), such interruption shall not be deemed a constructive eviction, Landlord shall not be liable for in damages to Tenant, and Tenant shall not be entitled to terminate this Lease or to effectuate any an abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of LandlordRent. However, Landlord shall not be liable for loss or injury use reasonable efforts to persons or property, however arising, occurring in connection with or attributable promptly and diligently restore service and take all steps reasonably necessary to any failure minimize the deprivation of services to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During A. Commencing with the term of this Lease, Landlord will provide to date on which the City delivers the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation payment of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably all separately metered utilities required for the comfortable use proper operation of Tenant's business, together with all taxes levied or other charges on such utilities and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device governmental charges based on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premisesutility consumption. Tenant shall not connect with electrical currentallow the City any access to the Premises necessary to meter, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess submeter and/or monitor usage of that usually supplied at the Premisesgas, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters water, sewer and of installation, maintenance, and repair thereof shall be paid by Tenantelectricity. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water maintain and electric current consumed at clean Premises and keep the rates charged for such services same in a sanitary and orderly manner. Tenant shall remove its own organics, recycling and trash and deposit in dumpsters provided by the City adjacent to the Clubhouse. . Should Tenant fail to clean and maintain the Premises and remove waste therefrom as required herein, the City shall have the right to complete such services and charge Tenant such costs as additional rent. ▇▇▇▇▇▇ agrees not to waste any utilities and will adopt affirmative practices and policies so as to maximize a conservative use of Seattle or all utilities.
B. The City agrees to provide the local public utilityheating, plus ventilating and air conditioning units ("HVAC") currently servicing the Premises, which shall be maintained by the City, the costs and expenses of which shall be part of CAM. The City will also bear the full cost of any additional expense incurred by Landlord in keeping account sanitary sewer access charges (SAC) assessed to the Facility as a result of the water Tenant’s Work and electric current so consumeduse of the Premises as a restaurant.
7.5 Landlord C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under the City’s control shall not be liable for and deemed as an eviction of the Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish relieve the Tenant from any of the foregoing Tenant's obligations hereunder.
D. The Tenant shall pay for all other services it needs to operate on the Premises including telephone and other telecommunications services used in or charged against the Premises during the term of the lease. The Tenant agrees to coordinate these services with the City where reasonably available to promote communication between the City and the Tenant operations and shall allow for maintenance and repair of all apparatus providing such utilities or and services unless such failure was due provided by the City to the gross negligence Premises. The Tenant shall be responsible for all maintenance and repair of utilities and other services supplied or intentional misconduct ordered solely by the Tenant.
E. Prior to installing any equipment in the Premises that generates more than a minimum amount of Landlordheat, or places a substantial demand for electrical power on the Clubhouse electrical system, or a substantial demand for utility consumption or transmission of any kind on any system, the Tenant shall obtain the written permission of the City. Landlord The City may refuse to grant such permission if the City determines the installation would place an undue burden on the Clubhouse HVAC systems or the amount of power required would place an undue burden on the Clubhouse electrical system.
F. Tenant shall not employ the services of a pest control company to reasonably ensure that the Premises and waste dumpster area for the Clubhouse are free from pests. Tenant shall be liable responsible for loss or injury to persons or property, however arising, occurring in connection all costs associated with or attributable to any failure to furnish such utilities or the pest control services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.
Appears in 1 contract
Sources: Restaurant Lease Agreement
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 30 days after delivery of Landlord’s statement or invoice therefor. Alternatively, use any apparatus Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant’s proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 30 days after delivery of Landlord’s statement or device on invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess electricity charge paid to the utility provider) for “after hours” usage by Tenant of 110 volts) which will in any way increase the amount of electricity or water usually supplied at each HVAC unit servicing the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.“
Appears in 1 contract
Sources: Lease (Meade Instruments Corp)
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 10 days after delivery of Landlord's statement or invoice therefor. Alternatively, use any apparatus or device on Landlord may elect to include such cost in the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current definition of Project Costs in excess which event Tenant shall pay Tenant's proportionate share of 110 volts) which will such costs in any way increase the amount of electricity or water usually supplied at the Premisesmanner set forth in Section 4.2. Tenant shall not connect with electrical currentalso pay to Landlord as an item of additional rent, except through existing electrical outlets within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If Tenant requires water the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or electric current in excess after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of that usually supplied at said hours by Landlord. If the HVAC unit(s) serve only the Premises, Tenant “after hours” shall first procure mean more than 66 hours of usage during any week during the written consent of Landlord for the use thereofTerm. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof “After hours” usage shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly determined based upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account operation of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any applicable HVAC unit during each of the foregoing utilities periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or services unless such failure was due nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean$10.00 per hour for each hour of “after hours” use (in addition to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only applicable electricity charges paid to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damagesutility provider).
Appears in 1 contract
Sources: Lease Agreement (Lantronix Inc)
UTILITIES AND SERVICE. 7.1 During A. Landlord agrees to provided water and sanitary sewer services to the term common area restrooms of this Leasethe Building, together with janitorial supplies and cleaning services to such restroom facilities.
B. Landlord will provide agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season (provided Tenant does not remove and/or relocate the HVAC duct work serving the office areas of the Premises), as well as electricity and janitorial services to the office areas of the Premises (all specifically excluded from the Electrical Room), on a 24-hour basis. Electricity to the Premises Monday through Friday each weekshall be by separate submeter.
C. No temporary interruption or failure of such services incidental to the making of repairs, the following utilities and services (provided thatalterations or improvements, costs for additional heat, electricity and utilities incurred by Landlord or due to Tenantaccidents or strike or conditions or events not under Landlord's use will control, shall be billed to Tenant, deemed as stated in Section 1.10 an eviction of the Lease Cover Sheet in addition to Tenant or relieve the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish from any of the foregoing utilities or services unless such failure was Tenant's obligations hereunder. Notwithstanding the foregoing, if for any reason whatsoever, except due to the gross negligence force majeure or by any negligent act or omission or intentional misconduct of LandlordTenant and as a result: (i) all or any portion of the Premises shall become untenantable (the "Untenantable Premises") for the normal conduct of Tenant's business for a period of three (3) consecutive days, (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant's security personnel therein for the purposes of preservation of Tenant's property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) Tenant shall give notice to Landlord of the facts set forth in clauses (i) and (ii) above, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the day that all the conditions set forth in (i), (ii ) and (iii) above shall first be satisfied and ending on the date that the Untenantable Premises shall be rendered usable for the normal conduct of Tenant's business and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for the normal conduct of its business, if earlier).
D. For the purposes of this Article 7, normal business hours shall be deemed to mean the period of time between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. Saturdays, and specifically excluding Sundays and legal holidays. Landlord agrees that Tenant shall have access to the Premises 24 hours per day, 7 days per week, however, after normal business hours such access may be subject to the use of security cards and other rules and regulations which Landlord may adopt from time to time with respect to the Building, provided the same are reasonable and are equally applicable to all tenants of the Building.
E. Tenant shall have the right to place telecommunications equipment of its customers within the Premises ("Co-Location") and such Co-Location shall not be liable for loss deemed an assignment or injury sublease under the terms of this Lease Agreement regardless whether a written agreement exists between Tenant and its customers.
F. Tenant agrees prior to persons or property, however arising, occurring in connection with or attributable such time as it installs its own Tenant Generator (and during such time after Tenant has so installed its own Tenant Generator) that it elects to any failure continue to furnish such utilities or services, unless and only have available to it access to the extent due Landlord's existing back-up emergency generator at no cost. Tenant shall pay to Landlord its proportionate costs of all maintenance repairs and replacement of the gross negligence or intentional misconduct Building's back-up emergency generator. Such proportionate use shall be based on electrical connected load hooked up to said generator as compared to electrical connected load of Landlordother tenants within the Building hooked up to said generator.
G. If the Tenant installs its own Tenant Generator, Tenant shall cooperate with the Landlord in load shedding and/or peak moving program when requested by the electric utility supplier (Northern States Power Company). Tenant acknowledges that compliance with Northern States Power Company's load shedding program has resulted in lower electrical charges to Landlord and is expected to result in no event shall Landlord be liable for lower electrical charges to Tenant's consequential damages.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, use any apparatus or device on Landlord may elect to include such cost in the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current definition of Project Costs in excess which event Tenant shall pay Tenant’s proportionate share of 110 volts) which will such costs in any way increase the amount of electricity or water usually supplied at the Premisesmanner set forth in Section 4.2. Tenant shall not connect with electrical currentalso pay to Landlord as an item of additional rent, except through existing electrical outlets within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If Tenant requires water the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or electric current in excess after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of that usually supplied at said hours by Landlord. If the HVAC unit(s) serve only the Premises, Tenant “after hours” shall first procure mean more than 66 hours of usage during any week during the written consent of Landlord for the use thereofTerm. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof “After hours” usage shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly determined based upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account operation of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any applicable HVAC unit during each of the foregoing utilities periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or services unless such failure was due to non-usage of other unit(s) serving the gross negligence Premises, or intentional misconduct of Landlordthe applicable unit during other periods of the Term). Landlord shall not be liable for loss or injury to persons or propertyAs used herein, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.“
Appears in 1 contract
Sources: Lease (Lombard Medical, Inc.)
UTILITIES AND SERVICE. 7.1 During It is the intent of the parties that Tenant shall assume all responsibility for the operation and maintenance of the Premises. Therefore, notwithstanding anything in the Lease to the contrary, during the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of provided on the Lease Cover Sheet in addition to the monthly rent):premises:
(a) Tenant will provide Electricity, water, gas water and sewer service;, since the services are billed to the Landlord, the Tenant will pay a monthly sum ($55.00) subject to annual review based upon the average usage the previous year.
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant The Landlord shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat provide heat to such extent and to such levels as, in the Landlord's ’s judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; andPremises.
(dc) Janitorial Tenant will provide landscaping and window washing service grounds keeping to the common areasareas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 abovethis Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle ▇▇▇▇▇▇▇ or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's ’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's ’s consequential damages.
7.6 Landlord shall be responsible for repairs of the major mechanical system, such as the boiler, HVAC and electrical system, and “Building Envelope”, such as the roof, foundation, walls and other structural components of the Building. Tenant shall be responsible for routine operation, maintenance and repairs of the Premises. A major repair to a system is one which exceeds $10,000 in a twelve month period. In the event when a major mechanical or building system failure is too costly to be repaired, if so deemed by the Landlord, and if neither Landlord or Tenant is willing or able to remedy the situation, either party can cancel this Lease.
7.7 Landlord shall not be responsible for any loss caused to Tenant by ▇▇▇▇▇▇▇▇’s failure to make any major repairs. The District’s priority and scheduling may push these repairs out several years.
Appears in 1 contract
Sources: Lease Agreement
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):services:
(a) Electricity, water, gas water and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial Landscaping and window washing service grounds keeping to the common areasareas and Premises.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services janitorial service to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 abovethis Section 7.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle Langley or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's ’s failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's ’s consequential damages.
Appears in 1 contract
Sources: Lease Agreement
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to represents and warrants that the Premises Monday through Friday each week, the following utilities and services (provided that, costs are currently separately metered for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that all utilities. Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used exclusively by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, use any apparatus or device on Landlord may elect to include such cost in the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current definition of Project Costs in excess which event Tenant shall pay Tenant’s proportionate share of 110 volts) which will such costs in any way increase the amount of electricity or water usually supplied at the Premisesmanner set forth in Section 4.2. Tenant shall not connect with electrical currentalso pay to Landlord as an item of additional rent, except through existing electrical outlets within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If Tenant requires water the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or electric current in excess after 9:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 5:00 P.M. on Saturdays, and before 9:00 A.M. or after 1:00 P.M. on Sundays and nationally-recognized holidays, subject to reasonable adjustment of that usually supplied at said hours by Landlord. If the HVAC unit(s) serve only the Premises, Tenant “after hours” shall first procure mean more than 87 hours of usage during any week during the written consent of Landlord for the use thereofTerm. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof “After hours” usage shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly determined based upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account operation of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any applicable HVAC unit during each of the foregoing utilities periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or services unless such failure was due to nonusage of other unit(s) serving the gross negligence Premises, or intentional misconduct of Landlordthe applicable unit during other periods of the Term). Landlord shall not be liable for loss or injury to persons or propertyAs used herein, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.“
Appears in 1 contract
Sources: Lease (BioNano Genomics, Inc)
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant’s proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 10 days after delivery of Landlord’s statement or invoice therefor. Alternatively, use any apparatus or device on Landlord may elect to include such cost in the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current definition of Project Costs in excess which event Tenant shall pay Tenant’s proportionate share of 110 volts) which will such costs in any way increase the amount of electricity or water usually supplied at the Premisesmanner set forth in Section 4.2. Tenant shall not connect with electrical currentalso pay to Landlord as an item of additional rent, except through existing electrical outlets within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If Tenant requires water the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or electric current in excess after 6:00 P.M., on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of that usually supplied at said hours by Landlord. If the HVAC unit(s) serve only the Premises, Tenant “after hours” shall first procure mean more than 283 hours of usage during any month during the written consent of Landlord for the use thereofTerm. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof “After hours” usage shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly determined based upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account operation of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any applicable HVAC unit during each of the foregoing utilities periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or services unless such failure was due to nonusage of other unit(s) serving the gross negligence Premises, or intentional misconduct of Landlordthe applicable unit during other periods of the Term). Landlord shall not be liable for loss or injury to persons or propertyAs used herein, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.“
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay promptly, directly to the entire cost and expense of appropriate supplier, all telephone stationscharges for, equipment and use chargestelephone, electric light bulbs telecommunications service, interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of electricity, water, gas, sewer, Premises janitorial service, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 10 days after delivery of Landlord's statement or invoice therefor. Alternatively, use any apparatus or device on Landlord may elect to include such cost in the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current definition of Project Costs in excess which event Tenant shall pay Tenant's proportionate share of 110 volts) which will such costs in any way increase the amount of electricity or water usually supplied at the Premisesmanner set forth in Section 4.2. Tenant shall not connect with electrical currentalso pay to Landlord as an item of additional rent, except through existing electrical outlets within 10 days after delivery of Landlord’s statement or invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the electricity charge paid to the utility provider) for “after hours” usage by Tenant of each HVAC unit servicing the Premises. If Tenant requires water the HVAC unit(s) servicing the Premises also serve other leased premises in the Building, “after hours” shall mean usage of said unit(s) before 6:00 A.M. or electric current in excess after 6:00 P.M. on Mondays through Fridays, before 9:00 A.M. or after 1:00 P.M. on Saturdays, and all day on Sundays and nationally-recognized holidays, subject to reasonable adjustment of that usually supplied at said hours by Landlord. If the HVAC unit(s) serve only the Premises, Tenant “after hours” shall first procure mean more than 66 hours of usage during any week during the written consent of Landlord for the use thereofTerm. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof “After hours” usage shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly determined based upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account operation of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any applicable HVAC unit during each of the foregoing utilities periods on a “non-cumulative” basis (that is, without regard to Tenant’s usage or services unless such failure was due nonusage of other unit(s) serving the Premises, or of the applicable unit during other periods of the Term). As used herein, “standard charges” shall mean $10.00 per hour for each hour of “after hours” use (in addition to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only applicable electricity charges paid to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damagesutility provider).
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During the term of this Lease, Landlord will provide to the Premises Monday through Friday each week, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for and shall pay promptly, directly to the ordering and installation of telephone lines and equipment which pertain appropriate supplier, all charges for electricity metered to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgmenttelephone, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shalltelecommunications service, at its own costsjanitorial service, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs interior landscape maintenance and all other utilities, materials and services furnished directly to Tenant or the Premises or used by Tenant in, on or about the Premises during the Term, together with any taxes thereon. Landlord shall make a reasonable determination of Tenant's proportionate share of the cost of water, gas, sewer, refuse pickup and any other utilities and services that are not expressly required to be provided and paid by Landlord pursuant separately metered to the provisions of paragraph 7.1 above.
7.4 Premises and services, and Tenant shall notpay such amount to Landlord, without the written consent as an item of additional rent, within 10 days after delivery of Landlord's statement or invoice therefor. Alternatively, use any apparatus Landlord may elect to include such cost in the definition of Project Costs in which event Tenant shall pay Tenant's proportionate share of such costs in the manner set forth in Section 4.2. Tenant shall also pay to Landlord as an item of additional rent, within 10 days after delivery of Landlord’s statement or device on invoice therefor, Landlord’s “standard charges” (as hereinafter defined, which shall be in addition to the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess electricity charge paid to the utility provider) for “after hours” usage by Tenant of 110 volts) which will in any way increase the amount of electricity or water usually supplied at each HVAC unit servicing the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.“
Appears in 1 contract
Sources: Lease (Lantronix Inc)
UTILITIES AND SERVICE. 7.1 During A. Landlord agrees to provided water and sanitary sewer services to the term common area restrooms of this Leasethe Building, together with janitorial supplies and cleaning services to such restroom facilities.
B. Landlord will provide agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season (provided Tenant does not remove and/or relocate the HVAC duct work serving the office areas of the Premises), as well as electricity and janitorial services to the office areas of the Premises (all specifically excluded from the Electrical Room), on a 24-hour basis. Electricity to the Premises Monday through Friday each weekshall be by separate submeter.
C. No temporary interruption or failure of such services incidental to the making of repairs, the following utilities and services (provided thatalterations or improvements, costs for additional heat, electricity and utilities incurred by Landlord or due to Tenant's use will accidents or strike or conditions or events not under Landlord’s control, shall be billed to Tenant, deemed as stated in Section 1.10 an eviction of the Lease Cover Sheet in addition to Tenant or relieve the monthly rent):
(a) Electricity, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areas.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction of rent by reason of Landlord's failure to provide or furnish from any of the foregoing utilities or services unless such failure was Tenant’s obligations hereunder. Notwithstanding the foregoing, if for any reason whatsoever, except due to the gross negligence force majeure or by any negligent act or omission or intentional misconduct of LandlordTenant and as a result: (i) all or any portion of the Premises shall become untenantable (the “Untenantable Premises”) for the normal conduct of Tenant’s business for a period of three (3) consecutive days, (ii) Tenant shall vacate the Untenantable Premises and cease doing business therein (provided, however, that the continued presence of Tenant’s security personnel therein for the purposes of preservation of Tenant’s property shall not constitute a failure by Tenant to vacate the Untenantable Premises) and (iii) Tenant shall give notice to Landlord of the facts set forth in clauses (i) and (ii) above, then in such event, the portion of the Rents allocable to the Untenantable Premises shall be fully abated for the period commencing on the day that all the conditions set forth in (i), (ii) and (iii) above shall first be satisfied and ending on the date that the Untenantable Premises shall be rendered usable for the normal conduct of Tenant’s business and Landlord shall have given notice thereof (or the date Tenant shall re-occupy the Untenantable Premises for the normal conduct of its business, if earlier).
D. For the purposes of this Article 7, normal business hours shall be deemed to mean the period of time between 8:00 a.m. and 6:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. Saturdays, and specifically excluding Sundays and legal holidays. Landlord agrees that Tenant shall have access to the Premises 24 hours per day, 7 days per week, however, after normal business hours such access may be subject to the use of security cards and other rules and regulations which Landlord may adopt from time to time with respect to the Building, provided the same are reasonable and are equally applicable to all tenants of the Building.
E. Tenant shall have the right to place telecommunications equipment of its customers within the Premises (“Co-Location”) and such Co-Location shall not be liable for loss deemed an assignment or injury sublease under the terms of this Lease Agreement regardless whether a written agreement exists between Tenant and its customers.
F. Tenant agrees prior to persons or property, however arising, occurring in connection with or attributable such time as it installs its own Tenant Generator (and during such time after Tenant has so installed its own Tenant Generator) that it elects to any failure continue to furnish such utilities or services, unless and only have available to it access to the extent due Landlord’s existing back-up emergency generator at no cost. Tenant shall pay to Landlord its proportionate costs of all maintenance repairs and replacement of the gross negligence or intentional misconduct Building’s back-up emergency generator. Such proportionate use shall be based on electrical connected load hooked up to said generator as compared to electrical connected load of Landlordother tenants within the Building hooked up to said generator.
G. If the Tenant installs its own Tenant Generator, Tenant shall cooperate with the Landlord in load shedding and/or peak moving program when requested by the electric utility supplier (Northern States Power Company). Tenant acknowledges that compliance with Northern States Power Company’s load shedding program has resulted in lower electrical charges to Landlord and is expected to result in no event shall Landlord be liable for lower electrical charges to Tenant's consequential damages.
Appears in 1 contract
Sources: Standard Office Lease Agreement (Eschelon Telecom Inc)
UTILITIES AND SERVICE. 7.1 During A. Landlord agrees to furnish water, electricity, elevator service, and janitorial service, the term extent of such janitorial services shall be at a level as reasonably requested by Tenant. Landlord shall provide snow removal services to the parking areas of the Building to the same ectent as it supplies such services to the other building in the Metro Place Complex.
B. Landlord agrees to furnish heat during the usual heating season and air conditioning during the usual air conditioning season, all during normal business hours as defined in this Lease Agreement and at such temperatures as Tenant shall reasonably request, subject to the capacities of the existing HVAC system of the Building and any applicable laws and ordinances.
C. No temporary interruption or failure of such services incidental to the making of repairs, alterations or improvements, or due to accidents or strike or conditions or events not under Landlord's control, shall be deemed as an eviction of the Tenant or relive the Tenant from any of the Tenant's obligations hereunder.
D. For the purposes of this LeaseArticle 7, normal business hours shall be deemed to mean the period of time which Tenant specifies from time to time to Landlord will with seven (7) days written notice.
E. If, for any reason, there is a failure, stoppage, interruption or reduction in the furnishing of any facilities, utilities or services which Landlord is to provide to the Premises Monday through Friday each weekor to Tenant pursuant to the terms of this Lease Agreement in excess 5 consecutive business days and any stoppage, interruption or reduction renders any portion of the following utilities and services (provided thatPremises untenantable, costs for additional heat, electricity and utilities incurred by Landlord due to or impairs Tenant's use will be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition access to the monthly rent):
Premises or any portion thereof or its right to use and occupy the Premises in excess of 5 days (a) Electricityan "ABATEMENT EVENT"), waterthen, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed provided that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);
(c) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable not use and occupancy or occupy that portion of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial for the normal conduct of its business during such period of untenantability, the Minimum Rental under Article 3 and window washing service Additional Rent under Article 6 payable with respect to such portions of the Premises shall be abated or reduced, as the case may be, in the proportion that the untenantable and unoccupied rentable area of the Premises bears to the common areas.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense total rentable area of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (includingon a day-by-day basis, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. for each day that Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water use or electric current in excess of that usually supplied at occupy the Premises, Tenant shall first procure the written consent of Landlord or such portion thereof, for the use thereof. Landlord may cause a water meter or electric current meter to be installed in normal doncut of Tenant's business during the Premises. The cost period of untentability and terminating on the date that such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account portion of the water and electric current so consumed.
7.5 Landlord Premises shall not be liable become tenantable again or Tenant commences to use or occupy the Premises or such portion thereof for and Tenant shall not be entitled to terminate this Lease or to effectuate any abatement or reduction the normal conduct of rent by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless such failure was due to the gross negligence or intentional misconduct of Landlord. Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damagesbusiness.
Appears in 1 contract
UTILITIES AND SERVICE. 7.1 During the term 6.1 The Landlord agrees, at its cost and expense, subject to payment of this Leasepro rata escalations to be paid by Tenant as hereinafter provided in Article 26, Landlord will provide to furnish to the Tenant the Building services as hereinafter provided:
(1) Landlord shall supply the services as in this Lease provided during the work week. The work week is hereby defined to be that period from 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, and 9:00 A.M. to 1:00 P.M. on Saturdays. The work week shall not include Sundays and the holidays excepted as set forth on Schedule "E".
(2) The Building services to be furnished to the Leased Premises and the common core areas of the Building and improvements include water for sanitary purposes, heating, air-conditioning, power, sewer, standby sprinkler service, elevator service (self-service), and all other common Building services, including electrical service for Building operation of the common areas in order to operate the Building as a first-class office Building, which shall include the items referred to on Schedule "D" hereinafter provided. Excepted from the foregoing is the cost of Tenant's electrical service for lighting and office equipment, machinery and fixtures, which electrical service shall be paid for by Tenant at Tenant's cost and expense an hereinafter provided.
(3) Landlord shall furnish janitorial service Monday through Friday each weekonly, with a description of janitorial services to be supplied attached hereto as Schedule "C". Tenant shall reimburse to Landlord the cost of removal from the Leased Premises of any refuse and rubbish of Tenant in excess of normal waste. Tenant shall pay such additional charge within ten (10) days of written demand.
6.2 Landlord shall furnish to Tenant electrical service for operation of lighting and non-high-energy fixtures and equipment in the nature of electric typewriters, personal computers, normal office-type photocopying equipment or equipment of equivalent immaterial consumption of electric energy. Tenant shall pay to Landlord monthly its pro rata share of such electrical service for Tenant's electric, which said sum shall be in arrears with the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred month's rent to be paid in accordance with Article 3 based on monthly statements to be rendered by Landlord due to Tenant. In the event there is any dispute as to Tenant's use will electric charge, such dispute shall be billed to Tenantdetermined by an independent electrical rating service, as stated in Section 1.10 payment for whose services shall be the sole obligation of the Lease Cover Sheet Tenant. Such independent electrical rating service shall establish the cost of electrical service to all of the offices in the Building in connection with the electrical services hereinabove referred to. Landlord shall, at Tenant's request, furnish to Tenant a written breakdown of the basis upon which Tenant's pro rata electrical cost charges are based and computed.
6.3 Tenant's use of electrical energy in the Leased Premises for high-energy machinery or equipment is expressly subject to Tenant obtaining from Landlord written consent to the installation of such machinery in the nature of mainframe computers, duplicating machinery in excess of normal office-type photocopying equipment and the like, in order to insure that the electrical capacity of the Building is not exceeded, and to avert possible adverse effect upon the Building electric service. Tenant agrees that in addition to the above it will not permit any additional electrical risers or service connections to be installed without the express written consent of the Landlord with respect thereto. Subject to the foregoing, in the event of any permitted installation of high-energy using electrical machinery or fixtures, Tenant shall pay to the Landlord the full cost of such additional electric service, which shall be based on the determination of an independent electrical rating service of the annual cost attributable to such use. Said sum shall be paid monthly rent):by Tenant to Landlord upon establishment of the amount thereof in the same manner as hereinabove provided in Article 6.2, subject to adjustment and increase or decrease in electrical energy charges as may be applicable from time to time.
(a) Electricity6.4 If Tenant uses the Leased Premises beyond the regular work week, water, gas and sewer service;
(b) Telephone connection, but not including telephone stations and equipment (it being expressly understood and agreed that the Tenant shall be responsible for the ordering cost of heating, ventilating and installation air- conditioning services actually furnished at the rate of telephone lines $50.00 per hour, exclusive of Tenant's electric. Tenant agrees that it will cooperate with Landlord in metering Tenants use in accordance with any energy or other use measuring systems which Landlord may install in the Leased Premises. Notwithstanding the above, it is understood and equipment which pertain to agreed that the Premises);
foregoing hourly charge shall not be imposed upon Tenant in connection with the first twenty five (c25) Heat to such extent and to such levels as, in Landlord's judgment, is reasonably required for the comfortable use and occupancy hours of overtime HVAC usage during each year of the Premises while premises also are occupied by Landlord's educational programs; and
(d) Janitorial and window washing service to the common areaslease term.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if the grounds are included in the leased Premises) services to the Premises.
7.3 Tenant shall arrange for and shall pay the entire cost and expense of all telephone stations, equipment and use charges, electric light bulbs and all other materials and services not expressly required to be provided and paid by Landlord pursuant to the provisions of paragraph 7.1 above.
7.4 Tenant shall not, without the written consent of Landlord, use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount of electricity or water usually supplied at the Premises. Tenant shall not connect with electrical current, except through existing electrical outlets in the Premises. If Tenant requires water or electric current in excess of that usually supplied at the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. Landlord may cause a water meter or electric current meter to be installed in the Premises. The cost of such meters and of installation, maintenance, and repair thereof shall be paid by Tenant. ▇▇▇▇▇▇ further agrees to pay Landlord promptly upon demand for all such water and electric current consumed at the rates charged for such services by the City of Seattle or the local public utility, plus any additional expense incurred by Landlord in keeping account of the water and electric current so consumed.
7.5 6.5 Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease full or to effectuate any abatement or reduction partial interruption of rent by reason of Landlord's failure to provide or furnish any of the foregoing above services or utilities or services unless such failure was due to the gross negligence or intentional misconduct of from conditions beyond Landlord. 's control, but Landlord shall use due diligence to restore the services and utilities. The rent shall not be liable for loss ▇▇▇▇▇, in whole or injury to persons or propertyin part, however arising, occurring in connection with or attributable to during any failure to furnish such utilities or services, unless and only to the extent due to the gross negligence or intentional misconduct of Landlord, and in no event shall Landlord be liable for Tenant's consequential damagesinterruption.
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UTILITIES AND SERVICE. 7.1 (a) During the term of this Lease, Landlord will provide landlord agrees to cause to be furnished to the Premises Monday through Friday each weekduring customary business hours and during generally recognized business days, in such manner as is customary in similar buildings in the same geographical areas, as determined by Landlord and by the Rules and Regulations, the following utilities and services (provided that, costs for additional heat, electricity and utilities incurred by Landlord due to Tenant's use will the cost of which shall be billed to Tenant, as stated in Section 1.10 of the Lease Cover Sheet in addition to the monthly rentincluded within Operating Expenses):
(ai) Electricity, water, gas and sewer service;.
(bii) Telephone connectionconnection to the core space on the floor on which the Premises are located, but not including wiring from the core, telephone stations and equipment (it being expressly understood and agreed that Tenant shall be responsible for the ordering and installation of telephone lines and equipment which pertain to the Premises);.
(ciii) Heat and air conditioning to such extent and to such levels as, in Landlord's sole judgment, is are reasonably required for the comfortable use and occupancy of the Premises while premises also are occupied Premises, subject however to any limitations imposed by any government agency. The parties hereto agree and understand that such heat and air conditioning will be provided Monday through Friday from 8:00 am to 6:00 pm and Saturday from 8:00 am to 12:00 noon only. No heat or air conditioning shall be provided on holidays. At Tenant's request and upon Landlord's educational programs; and
(d) Janitorial approval, which may be withheld for any reason or for no reason, Landlord shall furnish heat and window washing service to air conditioning services at other times as requested by Landlord as Additional Rent, notwithstanding the common areas.
7.2 Tenant shall, at its own costs, provide custodial and grounds keeping (if fact that such services may also benefit portions of the grounds are included in the leased Premises) services to Building other than the Premises.
7.3 (iv) Snow and trash removal service.
(v) Landscaping and grounds keeping service.
(b) Tenant shall arrange for and shall pay for, prior to delinquency, the entire cost and expense of all wiring for the core of the floor on which the Premises are located, telephone stations, equipment and use charges, electric light bulbs charges and all other materials and services not expressly required to be provided and paid for by Landlord pursuant to the provisions of paragraph 7.1 abovehereof.
7.4 (c) Tenant shall will not, without the prior written consent of Landlord, (i) use any apparatus or device on the Premises (including, but without limitation thereto, electronic data processing machines, punch card machines or machines using current in excess of 110 volts) which will in any way increase the amount or to any extent cause consumption of electricity or water usually supplied at the Premises. Tenant shall not greater than is customary for general office tenants or (ii) connect any apparatus or device with electrical currentcurrent or water pipes, for the purpose of using electricity or water, except through existing electrical outlets or water pipes, as the case may be, in the Premises. Without limiting the generality of the foregoing, Landlord shall provide heating and air conditioning based upon the following parameters within each and every walled-off area in the Premises: (i) such space will be occupied by not more than one (1) person for each 150 square feet of useable area; (ii) lighting in such space will generate not more than two (2) watts per square foot of useabl▇ ▇▇▇a; and (iii) all other electricity consuming equipment in such space will generate not more than one (1) watt per square foot of useable area. Tenant warrants that it intends to install the heat generating equipment specifically set forth on the attachment to the work letter entered into between Landlord and Tenant. Tenant shall notify only Landlord of any deletion to or substitution of equipment listed thereon.
(d) If Tenant requires water or electric current electricity in excess of that usually furnished or supplied at for the use designated in Section 7.1 above, or desires to use a computer on the Premises, Tenant shall first procure the written consent of Landlord for the use thereof. , which consent Landlord may refuse in its sole discretion, and landlord may cause a water meter or electric current meter meter, as the case may be, to be installed in the PremisesPremises in order to measure the amount of water and electricity consumed for any such use. The cost of any such meters and of installation, maintenance, maintenance and repair thereof shall be paid promptly by Tenant. ▇▇▇▇▇▇ further Tenant and Tenant agrees to pay Landlord promptly upon demand therefore for all such water and electric current electricity consumed as shown by said meters at the rates charged for such services by the City of Seattle or the local public utilityutility furnishing the same, as the case may be, plus any additional expense expenses incurred by Landlord in keeping account of the water and electric current electricity so consumed.
7.5 (e) If heat generating machines or devices are used in the Premises which affect the temperature other-wise maintained by the air-conditioning system, Landlord reserves the right to install additional or supplementary air-conditioning units for the Premises, and the entire cost of installing, operating, maintaining and repairing the same shall be paid by Tenant to Landlord promptly upon demand therefore by Landlord.
(f) Landlord shall not be liable for and Tenant shall not be entitled to terminate this Lease or Lease, to effectuate any abatement or reduction of rent or to collect any damages by reason of Landlord's failure to provide or furnish any of the foregoing utilities or services unless set forth in hereof, if such failure was due occasioned by any strike or labor controversy, any act or default of Tenant, the inability of Landlord to obtain services from the company supplying the same or any cause beyond the reasonable control of Landlord; provided, however, that if such delay or service interruption continues for a period in excess of thirty (30) consecutive days and such delay or interruption renders the Premises or any portion thereof untenantable for Tenant's normal business operations, the rent shall thereafter be abated in proportion to the gross negligence or intentional misconduct unusable portion of Landlordthe Premises. In no event shall Landlord shall not be liable for loss or injury to persons or property, however arising, occurring in connection with or attributable to any failure to furnish such utilities or services, unless and only to services even if within the extent due to the gross negligence or intentional misconduct control of Landlord, and in no event shall Landlord be liable for Tenant's consequential damages.
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