Utilities Generally Sample Clauses
Utilities Generally. Tenant agrees that, except as provided below, Landlord will not be liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service. Such failure, delay, or diminution will not constitute an eviction or a disturbance of Tenant’s use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease, except that Tenant will be entitled to an equitable abatement of Rent for the period of such failure, delay, or diminution to the extent such failure, delay, or diminution (i) is directly attributable to Landlord’s gross negligence or intentional misconduct, (ii) prevents Tenant from using, and Tenant does not use, the Premises or the affected portion thereof for the conduct of Tenant’s business operations therein, (iii) Tenant was using the Premises or such affected portion for the conduct of Tenant’s business operations immediately prior to the failure, and (iv) such failure, delay, or diminution continues for more than two consecutive business days (or ten business days in any twelve month period) after delivery of written notice of such failure, delay, or diminution from Tenant to Landlord. Landlord will not be liable, under any circumstances, for a loss of or injury to property or for injury to or interference with Tenant’s business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph. Notwithstanding the foregoing, Landlord agrees to use reasonable efforts to promptly correct any such interruption of utilities or services. If any governmental authority having jurisdiction over the Project imposes mandatory controls, or suggests voluntary guidelines applicable to the Project, relating to the use or conservation of water, gas, electricity, power, or the reduction of automobile emissions, Landlord, at its sole discretion, may comply with such mandatory controls or voluntary guidelines and, accordingly, require Tenant to so comply. Landlord shall not be liable for damages to persons or property for any such reduction, nor shall such reduction in any way be construed as a partial eviction of Tenant, cause an abatement of Rent, or operate to release Tenant from any of Tenant’s obligations under this Lease, except as specifically provided in this Paragraph 9....
Utilities Generally. Tenant agrees that Landlord shall not be ------------------- liable for damages, by abatement of Rent or otherwise, for failure to furnish or delay in furnishing any service (including telephone and telecommunication services) or for diminution in the quality or quantity of any service when the failure, delay, or diminution is entirely or partially caused by: (a) breakage, repairs, replacements, or improvements which is corrected within two (2) business days; (b) strike, lockout, or other labor trouble; (c) inability to secure electricity, gas, water, or other fuel at the Building despite reasonable efforts to do so; (d) accident or casualty; (e) act or default of Tenant or other parties other than Landlord; or (f) any other cause beyond Landlord's reasonable control. Such failure, delay, or diminution shall not be considered to constitute an eviction or a disturbance of Tenant's use and possession of the Premises or relieve Tenant from paying Rent or performing any of its obligations under this Lease, except that Tenant shall be entitled to an equitable abatement of Rent for the period of such failure, delay, or diminution to the extent such failure, delay, or diminution is directly attributable to Landlord's negligence or intentional misconduct and continues for more than two (2) business days after delivery of written notice of such failure, delay or diminution from Tenant to Landlord. Landlord shall not be liable under any circumstances for a loss of or injury to property or for injury to or interference with Tenant's business, including loss of profits through, in connection with, or incidental to a failure to furnish any of the utilities or services under this Paragraph.
Utilities Generally. The Design-Builder shall make all arrangements necessary to secure the availability of all Utilities required to construct the Design-Build Improvements, and shall install and utilize on-site power generators for the performance of the Design-Build Work. In the event the Owner is required to grant Utility easements on the Project Site in connection with the Design-Build Work, the Design-Builder shall provide complete descriptions of all Utility connections and routes on the Project Site necessary for such purposes.
Utilities Generally. Tenant will be responsible, at its sole cost and expense, for the furnishing of all services and utilities to the Project, including, but not limited to heating, ventilation and air conditioning, electricity, water, telephone, janitorial and interior Building security services.
(a) All utilities (including without limitation, electricity, gas, sewer and water) to the Building are separately metered and shall be paid directly by Tenant to the applicable utility provider.
(b) Landlord shall not provide janitorial services for the interior of the Building. Tenant shall be solely responsible for performing all janitorial services and other cleaning of the Premises, all in compliance with applicable Laws.
Utilities Generally. Tenant, at Tenant's sole cost, shall cause ------------------- electricity and other utilities serving the Premises and Equipment Space to be separately metered (where possible) and Tenant will pay the cost of all consumption and excess utility charges in the Premises and/or the Equipment Space directly to the utility provider. If, at any time, it is no longer feasible for Tenant to contract directly with the utility provider for any services, Tenant shall reimburse Landlord, within thirty (30) days on invoice therefore, for the actual cost of the consumption of any such service and excess utility charges in the Premises and/or the Equipment Space, as directly billed by the utility provider as reasonably determined by Landlord.
Utilities Generally. 7 10. Maintenance................................................................8 10.1. Tenant's Duties......................................................8 10.2. Landlord's Duties....................................................8 Landlord___________Tenant___________
Utilities Generally. Ready Mix shall be responsible to obtain all ------------------- utilities necessary for its operations, including water, power, communications, and sewage disposal. Access for any utility lines across the Sun State Property shall be determined in accordance with Section 2.B.i. Sun State shall have no obligation to furnish any utilities for Ready Mix's operations. Upon Ready Mix's request, and in Sun State's sole discretion, Sun State shall agree to provide water to Ready Mix. Ready Mix shall reimburse Sun State for the cost of any water furnished by Sun State and used by Ready Mix for the operation of its plant within, ten (10) days after receipt of statements from Sun State evidencing the cost thereof.
Utilities Generally. Ready Mix Inc. shall be responsible to obtain and pay for all utilities necessary for its operations at the Ready Mix Inc. site, including without limitation, power, communication, and sewage disposal. Access for any utility lines across the Salt River Materials Group Property shall be determined in accordance with Section 2.B(i). Salt River Materials Group shall have no obligation to furnish any utilities for Ready Mix Inc.’s operations at the Ready Mix Inc. site. Salt River Materials Group agrees to provide water to Ready Mix Inc. at the Ready Mix Inc. site. Ready Mix Inc. shall not be required to pay for water supplied at the site, excepting that, in the event well water from the site becomes unavailable for any reason and Salt River Materials Group is required to access municipal tap water, Salt River Materials Group may, at its sole option, elect to charge Ready Mix, Inc. a daily maintenance fee of up to one hundred dollars ($100.00) per day of use. Ready Mix Inc. shall reimburse Salt River Materials Group for all water maintenance fees related to the access of municipal tap water by Salt River Materials Group and used by Ready Mix Inc. for the operation of its plant within ten (10) days after receipt of statements from Salt River Materials Group evidencing the cost thereof.
Utilities Generally. Except for Landlord's obligation under the last two sentences of this Section 6.1, Tenant shall be responsible for providing all utilities to the Premises. Without limiting the foregoing, Tenant shall heat the Premises as necessary to prevent any freeze damage to the Premises or any portion thereof. Landlord shall directly pay for all utilities used on the Premises which are separately metered, and Tenant shall reimburse Landlord for the cost of such utilities (if any) together with any maintenance charges for utilities. The Landlord shall bill Tenant directly for its ut▇▇▇▇ies. Tenant's use of electric current shall at no time exceed the capacity of the feeders or lines to the Building or the risers or wiring installation of the Building or the Premises. Landlord shall in no event be liable for any interruption or failure of, and Tenant shall not be entitled to any abatement or reduction of Rent by reason of, any interruption or failure of utilities or other services to the Premises, nor shall any such interruption or failure in any such utility or service be construed as an eviction (constructive or actual) of Tenant or as a breach of the implied warranty of suitability, or relieve Tenant from the obligation to perform any covenant or agreement herein, and in no event shall Landlord be liable for damage to persons or property (including, without limitation, business interruption), or in default hereunder, as a result of any such interruption or failure. However, if any such interruption is caused by a break or other damage to any utility lines located on the Property and outside of the Building that are under the exclusive control of Landlord, upon receipt of written notice of such interruption Landlord shall use reasonable efforts to perform or cause to be performed the necessary repairs within such time frame as may be reasonable under the circumstances in order to restore the affected service to the Premises. In addition, if any such interruption is caused by a break or other damage to any utility line located on the Property and controlled by a governmental, private or public utility, Landlord will cooperate with such utility so that the interrupted service is restored to the Premises as soon as is reasonably possible. Notwithstanding the foregoing if there is and interruption of a utility for a period of five (5) consecutive days and such interruption was solely caused by Landlord's gross negligence then commencing on the sixth (6) day, rent shall b...
Utilities Generally. Landlord shall furnish to Tenant, subject to Tenant’s Operating Costs Reimbursements obligations, if applicable, the following utilities or services: (a) electricity as specified in subparagraph 4.1.2; (b) heating, ventilation and air-conditioning services (“HVAC”) as specified in subparagraph 4.1.3; (c) hot and cold domestic water, wastewater and sewage service at the points now existing in the Premises; (d) telecommunication services to the extent specified in subparagraph 4.1.4; (e) cleaning and janitorial service as specified on Exhibit D; and (f) elevator service as specified in subparagraph 4.