Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.
Appears in 2 contracts
Utilities, Services. Landlord If marked, the expense and responsibility of the following items are to be that of the Tenant. Electric Oven Drip Pans Water Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas Utilities Change AC Filter Min. Every 2 Months Locks/Keys Refrigerator Water Filter The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, if the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible paying for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇monthly water ▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇monthly sewer ▇▇▇▇ further agrees if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to work directly with avoid any interruption in service. If TENANT surrenders the appropriate premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility company and to hold charges otherwise the Landlord harmless responsibility of the TENANT under the lease. TENANT is responsible for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition any cost related to the rent payment. No keys will be issued installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordhave phone land line service and/or cable service.
Appears in 2 contracts
Sources: Residential Lease, Residential Lease
Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ Landlord reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ Tenant further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇Tenant. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.
Appears in 1 contract
Sources: Rental Agreement
Utilities, Services. Landlord shall provide, subject to the terms of this Section 11. water, electricity, heat, light, power, sewer, and other utilities (Including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the Common Areas, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider (including, without limitation, maintaining the MWRA Wastewater Discharge Permits applicable to the Project and the operation of the multi-tenant discharge system to which Tenant’s non-hazardous waste shall be responsible discharged), and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No Interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant may elect upon delivery of written notice to Landlord to obtain and pay directly for its own janitorial services for the payment of the following utilities/Premises. Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide janitorial services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Premises pursuant to the immediately following sentence, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such janitorial services. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be responsible for be: (l) to provide emergency generators with not less than the payment capacity of the following utilities/services delivered emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have emergency generators as per the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenantmanufacturer’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelystandard maintenance guidelines. Landlord shall not be liable for damages resulting from have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any failure period of any utility replacement, repair or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result maintenance of the negligence emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or unlawful act replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative backup generator or generators or alternative sources of Landlordback-up power. Tenant expressly assumes the risk of loss acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service that emergency power will be available to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by LandlordPremises when needed.
Appears in 1 contract
Utilities, Services. Landlord If marked, the expense and responsibility of the following items are to be that of the Tenant. Electric (all meters) Oven Drip Pans Water (all meters) Light Bulb Replacement Sewer Smoke Alarm Battery Replacement Gas Utilities Change AC Filter Min. Every 1 Month Locks/Keys Adding Vinegar to A/C Drain Tube Monthly Water Softener Salt Refrigerator Water Filter The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, if the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be responsible for paying for the payment monthly water bill and monthly sewer bill if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to avoid any interruption in service. If TENANT surrenders the premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility charges otherwise the responsibility of the following utilities/services TENANT under the lease. TENANT is responsible for any cost related to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment installation and/or maintenance of the following utilities/services delivered phone lines, cable lines, outlets and/or jacks, if TENANT chooses to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility phone land line service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordand/or cable service.
Appears in 1 contract
Sources: Residential Lease
Utilities, Services. Utilities and services supplied to the Premises shall be paid as follows: Paid By: Usage Cap* *Usage Cap: This is a monthly conservation cap. Usage cap is only applicable if water and sewer is paid by Landlord. If water and sewer is paid by resident, no cap applies. In addition to Rent, Resident shall pay to Landlord such amounts in excess of the Usage Cap stated above, within five (5) days of receipt from the Landlord of the amount of such amounts billed by the utility company in excess of the Usage Cap. In the absence of individual meters Landlord has the right to calculate usage based on square footage or number of occupants.
a) One Time Administration Fee: In connection with the administration and processing of the lease, the administration of common area utilities, and other services provided to Resident by Landlord during the term of this Lease, Resident will be required to, and agrees to pay an Administration Fee of $135.00 per occupant, due with first rental installment outlined in the Summary of Lease Terms section of this Lease Agreement. This fee applies to the term of this lease only, and Resident may be charged additional fees for future leases. These fees are non-refundable and cannot be prorated.
b) Landlord shall be responsible for the payment of the following utilities/services reasonably diligent in Landlord’s effort to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant restore and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, maintain any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises which is interrupted. Resident shall be solely responsible for acquiring and maintaining, at Resident’s sole cost and expense, any and all utilities, other than those specifically set forth in this section as Landlord’s responsibility. As applicable in this section, any utility or service for which payment is solely the responsibility of Resident must be placed/changed into legal name of Resident immediately upon the Lease Start Date, without any further notice from Landlord.
c) If Resident fails to place appropriate utilities and services into Resident’s legal name at any time during this lease, Landlord is not required, but reserves the right, to pay outstanding utility and service bills of Resident and bill the amount back to the Resident. If this is the case, Resident waives Resident’s right to receive a copy of such bill and acknowledges Resident will be charged an additional $50.00 processing fee for each occurrence, per utility type. This fee is used to compensate Owner for Resident’s failure to become the customer of record for such accounts, including, but not limited to charges assessed by the third party billing provider to Owner for processing of the bill for the delinquent time period, opportunity cost of the money not paid and other administrative costs. Resident and Owner agree that the charge described above is a reasonable estimate of the costs incurred. These bills will be due within five (5) days of being posted to Resident’s account or Resident will be subject to the same late fees which are described in section five (5) of this Lease Agreement. If this takes place in a month of partial residency, Resident acknowledges that Landlord will use an even daily proration method to determine Resident’s responsibility and may base the final invoice amount on a previous period if there is not reasonable administrative time to allow for receipt of the final invoice.
d) Landlord shall have the right to temporarily suspend any utility or other service to the Premises and/or Unit in order to do maintenance and/or repair and/or protect the Facility, Premises, Unit or Resident from risk of harm or loss.
e) Neither Landlord nor its agent (regardless of the negligence of Landlord or its agent) shall be liable for loss or damages resulting from the interruption of heat, electrical, water, sewer, telephone, cable TV, Internet, or any other utility services, or for the malfunction of machinery or appliances serving
f) Resident will be responsible for any utility expenses in, and not specifically laid out in, this section as Landlord’s responsibility for the full term of the Lease, from the Lease Start Date to the Lease End Date regardless of whether Resident physically occupies the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further Resident agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord all charges billed in addition to accordance with this agreement before the rent paymentLease End Date. No keys Resident will be issued required to Tenant until provide documentation that they have taken necessary steps as detailed in this section in order to be given possession of their apartment for move-in.
g) Resident is responsible for paying all charges billed to Resident under this Lease. The failure to make the appropriate services utility payment is material and substantial breach of the Lease and shall entitle Landlord to exercise all remedies available under the Lease.
h) Resident is always responsible to leave heat and air-conditioning at an adequate level so that pipes are put properly heated and do not freeze, and no organic growth occurs, even when they are not in Tenant’s name the Unit. If Resident fails to do so Resident will be fully responsible for all damages.
i) Resident agrees not to terminate, cut off, interfere with, or disconnect any utility sub metering system or device. Violation of this provision is a material breach or default of the Lease and verified by shall entitle Landlord to immediately exercise all remedies available.
j) If Landlord decides to enter into a bulk cable and internet agreement with a local provider Landlord has the right to require Resident to buy cable and internet package from Landlord, at a fair going rate. If this is the case, Landlord may notify Resident of this via email and explain rate and terms.
k) Should any provision of this Utility & Services Section of the Lease Agreement be found legally invalid or unenforceable, this does not invalidate or diminish any other provision herein. We will not be in default under any provision hereof unless you have provided us with written notice of the specific issue, and we have failed to cure such matter within a reasonable time after receipt of your notice.
Appears in 1 contract
Sources: Lease Agreement
Utilities, Services. Landlord If marked, the expense and responsibility of the following items are to be that of the Tenant. The Tenant(s) recognize the fact that it is their responsibility to immediately bring any issues (including malfunction of irrigation system) to the attention of the Owner’s Agent. This notification must be done in writing. An email will suffice. The tenant must immediately notify the Owner’s Agent if sod, bugs, or weeds are present. Prior to receiving keys, tenant agrees to provide confirmation of utility accounts set up in their name effective with their lease start date. THE TERMINATION OF ANY UTILITY OR SERVICE OR THE FAILURE TO TRANSFER SAID UTILITY OR SERVICE IN TENANT(S)’ NAME IS A MATERIAL NONCOMPLIANCE OF TENANT(S) TO THIS RENTAL AGREEMENT. In the event a condominium association or homeowners association is currently providing any services to the unit such as cable, satellite TV, alarm monitoring, internet, water, sewer, trash, guarded security gate or other services and the association decides these services will no longer be provided, TENANT agrees and understands that LANDLORD shall not be required to replace, provide, or pay for these removed services for TENANT. TENANT may opt to pay for non- essential services but shall be required to pay for essential services including but not limited to water, sewer and trash if the association no longer provides these services. The discontinuation of any such services by the association shall not be construed as a prohibited practice by LANDLORD nor shall it constitute a default under the lease. The failure of TENANT to retain and pay for essential services upon notice and demand by the LANDLORD shall constitute a material breach of the lease. In the event the premises is currently on well water, if the municipality or county decides to connect the premises to city/municipality water, TENANT agrees that TENANT shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible paying for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇monthly water ▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇monthly sewer ▇▇▇▇ further agrees if no longer on septic and shall place the water/sewer utility in TENANT’S name unless prohibited by the municipality to work directly with avoid any interruption in service. If TENANT surrenders the appropriate premises early, abandons the premises, or is evicted, TENANT shall remain responsible for all accruing utility company and to hold charges otherwise the Landlord harmless responsibility of the TENANT under the lease. TENANT is responsible for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition any cost related to the rent payment. No keys will be issued installation and/or maintenance of phone lines, cable lines, outlets and/or jacks, if TENANT chooses to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordhave phone land line service and/or cable service.
Appears in 1 contract
Sources: Residential Lease
Utilities, Services. Landlord Sublandlord shall be responsible have no obligation to provide to the Subleased Premises with any services or utilities (including, without limitation, telephone or internet services) of any kind and shall have no liability for the payment of the following utilities/any interruption in utilities or services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered Subleased Premises; provided, however, that to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed pay to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement Sublandlord (upon receipt of invoice from Landlordinvoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord Sublandlord shall not be responsible or liable in any way for damages resulting from any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any utility way excuse Subtenant’s performance under this Sublease or for injury entitle Subtenant to any person (including death) or damage to property resulting from any condition abatement of leased premisesRent, unless such damage failure is the proximate a result of the Sublandlord’s negligence or unlawful act of Landlordwillful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for all such loss or damage caused by any freezing or other problems which result from Tenant's failure additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to provide proper heating the contrary in this Sublease or the termination Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of utilities due the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to non-payment of bills be performed under the Master Lease by Tenant. Tenant has an obligation Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to notify Master Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordsuch performance.
Appears in 1 contract
Sources: Sublease (Dynavax Technologies Corp)
Utilities, Services. Landlord Sublandlord shall be responsible have no obligation to provide to the Subleased Premises any services or utilities (including, without limitation, telephone or internet services) of any kind and shall have no liability for the payment of the following utilities/any interruption in utilities or services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered Subleased Premises; provided, however, that to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed pay to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement Sublandlord (upon receipt of invoice from Landlordinvoice) the amounts necessary to reimburse Sublandlord for the actual costs of providing such services. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord Sublandlord shall not be responsible or liable in any way for damages resulting from any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any utility way excuse Subtenant’s performance under this Sublease or for injury entitle Subtenant to any person (including death) or damage to property resulting from any condition abatement of leased premisesRent, unless Sublandlord receives such damage an abatement from Master Landlord, in which case such abatement shall be passed through to Subtenant, or such failure is the proximate a result of the Sublandlord’s gross negligence or unlawful act of Landlordwillful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for all such loss or damage caused by any freezing or other problems which result from Tenant's failure additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to provide proper heating the contrary in this Sublease or the termination Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of utilities due the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to non-payment of bills be performed under the Master Lease by Tenant. Tenant has an obligation Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to notify Master Landlord prior for such performance, subject to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by LandlordSection 13.2.
Appears in 1 contract
Sources: Sublease (Dynavax Technologies Corp)
Utilities, Services. Tenant agrees to put the following utilities in their name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric , Gas X . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric X , Gas . For utilities that are in the Landlord’s name, Tenant shall pay a monthly flat fee of $ 100.00 , which shall be payable with the monthly rent payment beginning with the Commencement Date. Tenant shall pay a monthly flat fee of $ 25.00 , for trash service which shall include one trash bin ( X 65 gallon or 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion) which shall be payable with the monthly rent payment beginning with the Commencement Date. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash such as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted at Landlord’s sole discretion to remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any City Ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the payment yard, or any newspapers whether or not the Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes may never be installed anywhere on Premises without prior written consent by Landlord and may never be placed on the roof or siding of any structure. Landlord reserves the following utilities/services right to remove and dispose of immediately and without notice, without recourse, any satellite dish found installed without prior written authorization. Tenant shall not allow any utility for which Tenant is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in Tenant’s name prior to or on the Commencement Date, and during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, payable to Landlord, in addition to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: utility ▇▇▇▇ and related charges. Tenant shall be responsible for any damages arising from the payment disconnection of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in utilities that are their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, responsibility including any disconnect or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyreconnect fees. Landlord shall not be liable for damages resulting from any failure disruption of service of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordutility.
Appears in 1 contract
Sources: Rental Agreement
Utilities, Services. Landlord We’ll pay for the following items, if checked: «cb_utility_water» Water «cb_utility_gas» Gas «cb_utility_electricity» Electricity «cb_utility_trash» Trash «cb_utility_cable» Cable Television «cb_utility_internet» Internet You’ll pay for all other utilities, related deposits, and any charges, fees, or services on such utilities. You must not allow utilities to be disconnected- including disconnection for not paying your bills-until the lease term or renewal period ends. Utilities may be used only for normal household purposes and must not be wasted. If your electricity is ever interrupted, you must use only battery-operated lighting. If any utilities are sub metered for the unit, or prorated by an allocation formula, they will be sub-metered or allocated as set forth below. If you are required to pay any utility and you fail to have your account turned on in your name by lease commencement or if it is transferred back into our name before you surrender or abandon the unit, you’ll be liable for a $20.00 charge (not to exceed $50), plus the actual or estimated cost of the utilities used while the utility should have been connected in your name. This amount shall be due and payable as additional rent under the terms of this Lease Agreement on or before the first day of the month following notice to you of such charges.
1) Water Service to your dwelling and costs will be paid by you as follows:
a. Water service will be billed by the service provider to us and then allocated to you based on the square footage of your dwelling unit and the number of persons residing in your unit.
2) Sewer Service to your dwelling and costs will be paid by you as follows:
a. Sewer service will be billed by the service provider to us and then allocated to you based on the square footage of your dwelling unit and the number of persons residing in your unit.
3) Trash Service to your dwelling and costs will be paid by you as follows:
a. Trash service will be billed by the service provider to us and then allocated to you based on the square footage of your dwelling unit and the number of persons residing in your unit.
4) Electric Service to your dwelling and costs will be paid by you directly to the electric service provider.
5) Cable Service to your dwelling and costs will be paid by you directly to the service provider.
6) Internet Technology Service to your dwelling and costs will paid by you as follows:
a. Internet service will be billed by the service provider to us and then allocated to you based on a flat rate of $45.00 per month. Resident required to provide own modem/router.
7) Amenity Fee for your dwelling will be billed to you at the flat rate of $8.00 per month. When billed by us directly or through our billing company, your payment of utility and/or services must be received with monthly rent and considered late on the 5th day of the month. If a payment is late, you will be responsible for a late fee as outline in paragraph 6. To the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible extent there is a billing fee for the payment production of any services bill or a set up charge by us or our billing company, you shall pay such billing fee in the following utilitiesamount of $3.50 per billing period and a set-up/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancyinitiation fee of $3.50. Any such bills for these services intermittently billed to Landlord during this tenancy Upon move-out, you will be charged back to Tenant and shall be due a $17 account transfer fee for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by LandlordOPPD electric on your Final Account Statement.
Appears in 1 contract
Sources: Lease Agreement
Utilities, Services. Sublandlord shall have no obligation to provide to the Subleased Premises with any services or utilities (including without limitation telephone or internet services). Notwithstanding the foregoing, to the extent that utilities serving the Subleased Premises (excluding telephone and internet) are not separately metered, Sublandlord shall establish an account for such utilities and Subtenant shall pay to Sublandlord, as additional rent hereunder, Subtenant’s Share of the cost of such utilities (such utilities are referred to herein as “Sublandlord-Provided Utilities”). Sublandlord shall not be responsible or liable in any way for any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any way excuse Subtenant’s performance under this Sublease or entitle Subtenant to any abatement of Rent, unless such failure is a result of Sublandlord’s gross negligence or willful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to the contrary in this Sublease or the Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to be performed under the Master Lease by Master Landlord, Sublandlord’s obligation shall be responsible for to use commercially reasonable efforts to cause Master Landlord to so perform (but Sublandlord shall not be required to file a legal action to so enforce such matter). Notwithstanding the payment foregoing, should Sublandlord’s negligent acts or willful misconduct result in any interruption, cessation or disturbance in the provision of Subtenant-Provided Utilities to the Subleased Premises that materially impairs Subtenant’s use and occupancy of the following utilities/services to Subleased Premises, such that Subtenant is prevented from using, and does not use the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible Subleased Premises or any portion thereof, for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning more than three (3) consecutive days, commencing on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If fourth (4th) day after the first billing periodcommencement of such interruption, any cessation or all utilities have still not been transferred into Tenant’s name ▇▇▇disturbance, the Rent payable hereunder by Subtenant shall ▇▇▇▇▇ reserves during such time that Subtenant continues to be so prevented from using, and does not use, the right Subleased Premises or a portion thereof, in the proportion that the square feet of the portion of the Subleased Premises that Subtenant is prevented from using, and does not use, bears to charge and administration fee the total square feet of $25.00 to tenant and will notify Tenant the Subleased Premises; provided, however, that such service(s) will be terminated by Landlord immediately. Landlord Subtenant shall not be liable for damages resulting entitled to abatement or reduction of Rent to the extent the matters described in this sentence above arise out of or results from any failure a matter outside of any utility Sublandlord’s reasonable control. To the extent Subtenant shall be entitled to abatement of Rent because of a damage or for injury destruction or a taking pursuant to any person (including death) or damage to property resulting from any condition of leased premisesSection 29 below, unless such damage is then the proximate result terms of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and immediately prior sentence shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall not be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordapplicable.
Appears in 1 contract
Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.
a. HVAC filter / maintenance reduction program
Appears in 1 contract
Sources: Landlord Tenant Rental Agreement
Utilities, Services. Landlord shall be responsible provide, subject to the terms of this Section 11, potable water, electricity, HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, with respect to the payment Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Landlord’s expense (except to the extent necessary as a result of Tenant’s disproportionate usage of Utilities), any Utilities not otherwise separately metered as part of the following utilities/services Tenant Improvements to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. Landlord’s charge(s) for utilities shall not include any markup thereon. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible during the Term for obtaining and paying for its own janitorial services for the payment of the following utilities/services delivered Premises. Utilities shall be available to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have Premises 24 hours per day, 7 days per week, except in the above services put in their name beginning on case of emergencies, as the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt result of invoice from Landlord. If after Legal Requirements, the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure Utility provider to provide proper heating such Utilities, the performance by 739171641.8 Net Multi-Tenant Laboratory 825 Industrial/Suites 100A & 200B/Codexis - Page 13 Landlord or the termination any Utility provider of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage installation, maintenance or loss incurred due to Tenant’s negligence to pay utilities, abandonmentrepairs, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordany other temporary interruptions.
Appears in 1 contract
Sources: Lease Agreement (Codexis, Inc.)
Utilities, Services. Landlord Tenant shall be responsible pay for all utility services furnished for the payment operation of the following utilities/services Premises. Tenant shall apply to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: applicable utility company or municipality for gas, electricity, telephone and all other utility services required by Tenant for use in the Premises, and Tenant shall be responsible for the payment connection and installation of same. In the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any event that any such bills for these services intermittently billed to Landlord during this tenancy will be charged back utilities are provided to Tenant in common with other tenants in the Building and shall be due not metered directly to Tenant, Tenant agrees to pay Landlord for reimbursement such utility usage based upon receipt Landlord’s allocation of invoice from Landlordsuch utility usage among such tenants, including Tenant. If after In the first billing period, event Tenant fails to pay any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇utility ▇▇▇▇ reserves within forty-five (45) days after the right due date, Landlord may but shall not be obligated to charge and administration fee of $25.00 pay such bills (without any duty to tenant and will notify investigate the validity thereof). in which event Tenant that such service(s) will be terminated shall immediately reimburse Landlord for the amount paid by Landlord immediatelyplus interest at the default interest rate set forth in this lease. Landlord shall not be liable for damages resulting from provide any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility janitorial service to the Premises. Any damage Tenant shall be responsible, at its sole cost and expense, for providing janitorial service to the Premises on a daily basis, or loss incurred due alternatively, securing a janitorial service contract for the Premises which is reasonably acceptable to Landlord. Tenant shall have the right to 24/7 365 Day access to the Premises. Landlord shall clear sidewalks and Parking areas of snow and debris as Landlord deems reasonably necessary. Landlord shall properly maintain the exterior lighting from Premises office doors to the parking lot. Tenant agrees that Landlord and its agents shall not be liable in damages. by abatement of Rent or otherwise, for any failure of Tenant to secure gas, electrical or other utility services from local utilities. Tenant further agrees that Landlord and its agents shall not be liable in damages, by abatement of Rent or otherwise, for Landlord’s failure to furnish or delay in furnishing any service which Landlord is obligated to provide pursuant to the terms and provisions of this lease, or for Landlord’s failure to perform or delay in performing any other obligation required to be performed by Landlord under this lease or by operation of law, when such failure or delay is occasioned, in whole or in part, by repairs, renewals or improvements, by any strike, lockout or other labor trouble, by inability to secure electricity, gas, water, or other fuel at the Building after reasonable effort so to do, by any accident or casualty whatsoever, by the act or default of Tenant or other parties, or by any cause beyond the reasonable control of Landlord; and such failures or delays, or the nonexistence of any utility, whether occasioned by Landlord or some third party, shall never be deemed to constitute an eviction or disturbance of the Tenant’s negligence use and possession of the Premises or relieve the Tenant from paying Rent or performing any of its obligations under this lease. Tenant will look to pay utilitiesits own business interruption insurance for any losses or damages arising from such interruptions. Tenant agrees to cooperate fully. at all times, abandonmentwith Landlord in abiding by all reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of all utilities and services reasonably necessary for the operation of the Premises and the Building. Landlord, or throughout the term of this lease, shall have free access to inform Landlord of shut off any and all mechanical installations, and Tenant agrees that there shall be no construction or partitions or other obstructions which might interfere with the moving of the servicing equipment of Landlord to or from the enclosures containing said installations, provided that Landlord gives Tenant at least 24 hour’s advance notice of such access (except in cases of emergency), and that such access does not interfere with the conduct of Tenant’s Expensebusiness. ▇▇▇▇▇▇ Tenant further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from that neither Tenant nor its servants, employees, agents, visitors, licensees or contractors shall at any time to time require Tenant to pay for utility(s) directly to Landlord tamper with, adjust or otherwise in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenantany manner affect Landlord’s name and verified by Landlordmechanical installations.
Appears in 1 contract
Sources: Industrial/Office Building Lease (Haemonetics Corp)
Utilities, Services. Landlord Sublandlord shall be responsible have no obligation to provide to the Subleased Premises any services or utilities (including without limitation telephone or internet services) of any kind and shall have no liability for the payment of the following utilities/any interruption in utilities or services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered Subleased Premises; provided, however, that to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant extent Sublandlord provides any services or utilities to the Subleased Premises, Subtenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed pay to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement Sublandlord (upon receipt of invoice from Landlordinvoice) any reasonable amounts necessary to reimburse or compensate Sublandlord for providing such services (all as reasonably determined by Sublandlord). If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord Sublandlord shall not be responsible or liable in any way for damages resulting from any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any utility way excuse Subtenant’s performance under this Sublease or for injury entitle Subtenant to any person (including death) abatement of rent or damage to property resulting from any condition of leased premisesother charge, unless such damage failure is the proximate a result of the Sublandlord’s gross negligence or unlawful act of Landlordwillful misconduct or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for all such loss or damage caused by any freezing or other problems which result from Tenant's failure additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to provide proper heating the contrary in this Sublease or the termination Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of utilities due the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to non-payment of bills be performed under the Master Lease by Tenant. Tenant has an obligation Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to notify Master Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordsuch performance.
Appears in 1 contract
Sources: Sublease (Atreca, Inc.)
Utilities, Services. Tenant agrees to put the following utilities in Tenant’s name by the first day of the Lease and to promptly pay all utilities and services: Water , Sewer , Electric X , Gas X , Trash . Landlord agrees to place the following utilities into its name: Water X , Sewer X , Electric , Gas , Trash . For utilities that are in Landlord’s name, Tenant shall pay a monthly flat fee of $ 50.00 , which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant shall pay a monthly flat fee of $ 40.00 , for trash service which shall include one trash bin ( 65 gallon or X 95 gallon) and one recycling bin (size to be determined at Landlord’s discretion), which shall be payable with the monthly rent payment beginning _08/03/2019_. Tenant agrees to dispose of all household trash and recycling by placement into its proper receptacle for regular collection in accordance with the trash service provider’s requirements and schedule. It is the Tenant’s responsibility to place the bins on the curb for proper pick-up in accordance with the trash service provider’s schedule. All trash receptacles shall be placed inside the garage or at the rear of the property except for the designated trash pick-up day. Tenant shall dispose of any extraordinary household trash, such as damaged furniture and the like, by compacting it so that it will fit inside their trash receptacle, by hauling it to the dump, or by making prior arrangements with the trash service provider in advance, at Tenant’s expense. Third party services may be contracted, at Landlord’s sole discretion, to remove any item which prohibits routine and timely trash removal by the trash service provider, or violates any municipal ordinance, the cost of which shall be Tenant’s responsibility. Tenant is responsible for cleaning up, disposing of, or hauling away any tree limbs, leaves and branches that may fall into the payment yard, or any newspapers, whether or not Tenant has a subscription. Any charges which exceed the flat rate will be at Tenant’s expense and due upon receipt. Internet, phone and cable are optional at Tenant’s expense. Satellite dishes that are 39.37 inches or less in diameter that receive direct broadcast satellite service, fixed wireless signals via satellite, or wireless cable that receives broadband radio service or fixed wireless signals, which are professionally installed in a safe manner, are located on the side or rear of the following utilities/services dwelling and are ground mounted, are permitted. The location should be selected in a manner that will not cause a nuisance to other lots. If such location would impair the signal strength, the satellite dish may be installed at such location as is necessary to avoid impairment of the signal strength, provided that no mounting or installation shall be performed in a manner that requires the drilling of any holes or the placement of any screws into the siding or the roof, without the prior written consent of Landlord. No other antenna or other device for the transmission or reception of television or radio signals, or any other form of electromagnetic radiation, may be installed or maintained on the exterior of any lot, unless approved in writing by Landlord. To the extent the application of this provision would violate any provision of the Over-the-Air Reception Devices rules adopted by the Federal Communication Commission, this provision shall be deemed amended, as necessary, to meet the minimum requirements of such rules. Tenant shall not allow any utility for which Tenant is responsible to become delinquent or be disconnected for any reason until the expiration of this Lease. Failure of Tenant to place or keep the utilities noted above in Tenant’s name prior to or on 08/03/2019, and during Lease term, and keep utility account in good standing, will result in a $25.00 service fee, per billing or notice received by Landlord, payable to Landlord, in addition to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: utility ▇▇▇▇ and related charges. Tenant shall be responsible for any damages arising from the payment disconnection of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into that are Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyresponsibility, including any disconnect or reconnect fees. Landlord shall not be liable for damages resulting from any failure disruption of service of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordutility.
Appears in 1 contract
Sources: Rental Agreement
Utilities, Services. Tenant shall pay for water, gas, electricity, sewer, trash collection and removal, janitorial supplies and services, telecommunications, data and any other utilities or services used on or provided to the Building and/or the Exterior Areas. Tenant shall obtain all utilities and services in Tenant’s own name and timely pay for the costs therefor directly to the respective utility and/or service provider. Notwithstanding the foregoing, if a utility cannot be obtained in Tenant’s own name (e.g., because the utility (such as water or sewer) must be in the name of the owner of the Building), then Landlord shall retain any such utility in Landlord’s own name, in which event Tenant (at Landlord’s option) shall either pay for the costs therefor (i) directly to Landlord (outside of Operating Expenses), as Additional Rent, within 30 days after being billed, or (ii) through Operating Expenses. The cost of any utility or service supplied to the Exterior Areas shall be included in Operating Expenses to the extent permitted under this Lease. All utility and service costs shall include any taxes or other customary charges imposed in connection therewith by the utility or service provider, supplier or governmental authority having jurisdiction. Landlord shall not be responsible or liable for any interruption in utilities or services, or for any injury to property caused thereby, nor shall such interruption affect the payment continuation or validity of this Lease, give rise to an abatement or relieve Tenant from full performance of Tenant’s obligations under this Lease, except pursuant to Applicable Laws. Notwithstanding the foregoing, except for events related to Force Majeure, in the event that any utility is not delivered for a period in excess of 3 consecutive business days, and as a result of such circumstance any portion of the following utilities/services Premises is rendered untenantable (including inability to access the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant Premises or the Building), Rent shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves for the duration of such circumstance until the Premises is again tenantable or Tenant conducts business in the Premises or the affected portion thereof, as applicable. Notwithstanding the foregoing, subject to Section 16 below, and except for events related to the acts or omissions of Tenant and/or any Tenant Party, in the event that any utility is not delivered for a period in excess of 180 consecutive days, and as a result of such circumstance 20% or more of the Premises are rendered untenantable, then Tenant, at any time thereafter prior to the date the Premises or the affected portion thereof, as applicable, is again tenantable or Tenant conducts business in the Premises or the affected portion thereof, as applicable, shall have the right to charge terminate this Lease by giving Landlord prior written notice thereof, in which event this Lease shall automatically terminate and administration fee the parties shall be released from any further obligations or liabilities under this Lease, except for such obligations or liabilities set forth herein that expressly survive the termination of $25.00 this Lease. In the event that any utility is not being delivered to tenant the Premises and will notify Tenant that as a result of such service(s) will circumstance any portion of the Premises is rendered untenantable (including inability to access the Premises or the Building), Landlord shall use commercially reasonable efforts, under the circumstances, to cause the interrupted utility to the Premises to be terminated by Landlord immediatelyrestored as soon as reasonably practicable. Landlord shall have the exclusive right to select, and, upon 30 days prior written notice to Tenant, to change, the companies providing such utilities or services to the Building or the Premises; provided, however, that (i) the rates for such utilities or services are commercially reasonable, (ii) such change is without unreasonable diminution in quantity or quality of services, and (iii) Tenant may select its own telecommunication and data services provider (provided, however, that if such telecommunication and/or data services provider is not be liable then serving the Building, then Tenant, at its sole cost and expense, is responsible for damages resulting from any failure bringing connectivity of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service provider to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord Building and the Premises in compliance with Section 13 of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordthis Lease).
Appears in 1 contract
Sources: Single Tenant Triple Net Lease (Prelude Therapeutics Inc)
Utilities, Services. (a) Landlord shall provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), and, for the Common Areas and Shared Conference Facility, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord shall, as part of Landlord’s Work, install an airflow checkmeter and/or submeter, as reasonably determined by Landlord, serving the Premises. Tenant shall pay Landlord the costs for Utilities consumed in the Premises based on the airflow checkmeter and/or submeter. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Commencing on the Commencement Date, Tenant shall pay, as part of Operating Expenses or as direct billed by Landlord, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for obtaining and paying for its own janitorial services for the Premises.
(b) Landlord shall provide Tenant with access to the acid neutralization system existing as of the date of this Lease (“Acid Neutralization System”) pursuant to the terms and conditions of this Lease. Tenant acknowledges and agrees that the Acid Neutralization System shall be shared with at least one other tenant of the Project. Tenant’s obligation to pay its share of ongoing operation costs shall be allocated among Tenant and other user tenants on a pro rata basis, with Tenant’s share based on the ratio of the Rentable Area of Premises to the sum of the rentable areas of the Premises and the premises of all other user tenants. Landlord’s sole obligations for providing the Acid Neutralization System, or any acid neutralization system facilities, to Tenant shall be (the “Acid Neutralization Obligations”) to (i) use reasonable efforts to obtain and maintain the permit required from the Massachusetts Water Resources Authority for discharge through the Acid Neutralization System (the “Discharge Permit”), provided that Tenant cooperates with Landlord and provides all information and documents necessary in connection with the Discharge Permit, and (ii) contract with a third party to maintain the Acid Neutralization System as operating as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything herein to the contrary, if the Acid Neutralization System must be replaced and the cost thereof is not included in such third party maintenance contract, then, Landlord shall replace the Acid Neutralization System, it being acknowledged, however, that Tenant shall be responsible for its share of all costs incurred in connection as an Operating Expense amortized as provided for laboratory portions of the Premises pursuant to Section 5. Tenant shall be solely responsible for the use of the Acid Neutralization System by Tenant, its employees, any sublessees, invitees or any party other than Landlord or Landlord’s contractors, and Tenant shall be jointly and severally responsible for the use of the Acid Neutralization System with the other user tenants, except in the event that Tenant can prove to Landlord’s reasonable satisfaction that neither Tenant nor any Tenant Party caused, contributed to or exacerbated the matter for which Tenant would otherwise be jointly and severally responsible but for this exception. Tenant shall use, and cause other parties under its control or for which it is responsible to use, the Acid Neutralization System in accordance with this Lease and in accordance with all applicable Legal Requirements, the Discharge Permit and any permits and approvals from Governmental Authorities for or applicable to Tenant’s use of the Acid Neutralization System. Tenant shall not take any action or make any omission that would result in a violation of the Discharge Permit or any other permit or Legal Requirements applicable to the Acid Neutralization System. The scope of the Surrender Plan (as defined in Section 28 of this Lease) shall include all actions for the proper cleaning, decommissioning and cessation of Tenant’s use of the Acid Neutralization System, and all requirements under this Lease for the surrender of the Premises shall also apply to Tenant’s cessation of use of the Acid Neutralization System, in each case whether at Lease expiration, termination or prior thereto (but Tenant shall not be required to complete the decommissioning of the Acid Neutralization System if other tenants or occupants will continue to use the same after the expiration or earlier termination of the Lease, nor shall Tenant be responsible for or bear any costs of decommissioning arising from the use of the Acid Neutralization System by any party other than Tenant; it being agreed that if multiple tenants use the Acid Neutralization System, then Landlord shall be responsible for completing the payment decommissioning thereof, and Tenant shall pay to Landlord within thirty (30) days after invoice therefor Tenant’s share of the following utilities/services reasonable, actual costs of decommissioning based on the ratio of the Rentable Area of the Premises to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: rentable area of the Premises and the premises of all other user tenants). The obligations of Tenant under this Lease with respect to the Acid Neutralization System shall be joint and several with such other tenants as aforesaid, except in the event that Tenant can prove to Landlord’s reasonable satisfaction that neither Tenant nor any Tenant Party caused, contributed to or exacerbated the matter for which Tenant would otherwise be jointly and severally responsible but for this exception. Without in any way limiting the Acid Neutralization Obligations, Landlord shall have no obligation to provide Tenant with operational emergency or back-up acid neutralization facilities or to supervise, oversee or confirm that the third party maintaining the Acid Neutralization System is maintaining such system as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the Acid Neutralization System when such system is not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up system or facilities. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such Acid Neutralization System will be operational at all times or that such system will be available to the Premises when needed. Without in any way limiting the Acid Neutralization Obligations, in no event shall Landlord be liable to Tenant or any other party for any damages of any type, whether actual or consequential, suffered by Tenant or any such other person in the event that the Acid Neutralization System or back-up system, if any, or any replacement thereof fails or does not operate in a manner that meets Tenant’s requirements. Within a reasonable period following a written request from Tenant, Landlord shall provide to Tenant copies of Landlord’s maintenance records regarding the maintenance of the Acid Neutralization System by Landlord or third party maintenance providers engaged by Landlord during the Term.
(c) Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be responsible for be: (i) to provide emergency generators with not less than the payment capacity of the following utilities/services delivered emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have emergency generators as per the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenantmanufacturer’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelystandard maintenance guidelines. Landlord shall not be liable for damages resulting from have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any failure period of any utility replacement, repair or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result maintenance of the negligence emergency generators when the emergency generator is not operational, including any delays thereto due to the inability to obtain parts or unlawful act replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of Landlordback-up power. Tenant expressly assumes acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the risk Premises when needed. In no event shall Landlord be liable to Tenant or any other party for any damages of loss any type, whether actual or damage to Tenant's property consequential, suffered by Tenant or any such other person in the leased premises event that any emergency generator or back-up power or any replacement thereof fails or does not provide sufficient power.
(d) Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive days after Landlord shall pay for all such loss or damage caused by any freezing or other problems which result have received written notice thereof from Tenant's failure to provide proper heating or , and (iii) as a result of such Service Interruption, the termination conduct of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilitiesnormal operations in the Premises are materially and adversely affected, abandonment, or to inform Landlord of shut off then there shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.an abatement of one
Appears in 1 contract
Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Tenant shall be responsible for permitted, at Tenant’s sole cost and expense, to continue to use the payment rooftop boiler which services the autoclave and dishwasher within the Premises as of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Commencement Date, which boiler is owned by Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after maintained in good working order by Tenant during the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyTerm. Landlord shall not pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. The Premises is currently separately metered for electricity and gas. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be liable furnished to Tenant or the Premises during the Term. Within 5 days after Tenant’s payment of separately metered gas and electricity provided to the Premises, Tenant shall provide Landlord with copies of the applicable invoices so that such amounts paid by Tenant may be factored into the cap on Operating Expenses provided for damages resulting in Section 5. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any failure cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of any utility Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Landlord’s sole obligation for injury either providing emergency generators or providing emergency back-up power to any person Tenant shall be: (including deathi) or damage to property resulting from any condition of leased premises, unless such damage is provide emergency generators with not less than the proximate result capacity of the negligence emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or unlawful act back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of Landlordreplacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly assumes the risk of loss acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service that emergency power will be available to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by LandlordPremises when needed.
Appears in 1 contract
Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment terms of the following utilities/services delivered this Section 11, water, electricity, heat, ventilation and air conditioning systems (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant extent the Project is plumbed for such services), and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall have the above services put in their name beginning pay, as Operating Expenses or subject to ▇▇▇▇▇▇’s reimbursement obligation, for all Utilities used on the first date occupancyPremises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing periodmay cause, any or all utilities have still not been transferred into Tenant’s name at ▇▇▇▇▇▇▇▇ reserves ▇’s expense, any Utilities to be separately metered or charged directly to Tenant by the right provider. Tenant shall pay directly to charge the Utility provider, prior to delinquency, any separately metered Utilities and administration fee services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of $25.00 to tenant and will notify Tenant that such service(s) will be terminated Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord immediatelyLandlord. Landlord shall not be liable for damages resulting No interruption or failure of Utilities, from any failure cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of any utility or for injury to any person (including death) or damage to property resulting from any condition Tenant, termination of leased premisesthis Lease or, unless such damage is except as provided in the proximate result immediately following paragraph, the abatement of the negligence or unlawful act of LandlordRent. Tenant expressly assumes the risk agrees to limit use of loss or damage water and sewer with respect to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure Common Areas to provide proper heating or the termination of utilities due to non-payment of bills by Tenantnormal restroom use. Tenant has an obligation to notify Landlord prior to any interruption of utility service to shall be responsible for obtaining and paying for its own janitorial services for the Premises. Any damage Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or loss incurred willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive business days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s negligence to pay utilitiesnormal operations in the Premises are materially and adversely affected, abandonment, or to inform Landlord of shut off then there shall be at Tenantan abatement of one day’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless Base Rent for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.each day during which such Service Interruption continues after such 5 business day
Appears in 1 contract
Sources: Lease Agreement (RayzeBio, Inc.)
Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: terms of this Section 11, water, electricity, heat, light, power, sewer, natural gas and other utilities, refuse and trash collection and janitorial services (collectively, “Utilities”) to the Building. Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall be responsible for the payment of the following utilities/services delivered pay directly to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, as except as provided for in the paragraph below, the abatement of Rent. In the event of an interruption or failure of Utilities, Tenant shall have the above self-help rights provided for in Section 31. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall contract directly and pay for telephone, internet, date and telecommunication services put in their name beginning on to the first date occupancyPremises. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Notwithstanding the foregoing, Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right from time to charge time, upon 30 days prior written notice to Landlord, to elect to contract directly and administration fee of $25.00 pay for janitorial services to tenant the Premises in which case, during such periods where Tenant is contracting directly and will notify Tenant that such service(spaying for janitorial services to the Premises, (i) will be terminated by Landlord immediately. Landlord shall not be liable required to provide any janitorial services to the Premises and (ii) Tenant shall not be charged for damages resulting from janitorial services to the Premises or other tenants’ premises as part of Operating Expenses. Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is not due in any failure of any utility or for injury part to any person act or omission on the part of Tenant or any Tenant Party (including deathas hereinafter defined) or damage (any such stoppage of an Essential Service being hereinafter referred to property resulting as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive days after Landlord shall have received written notice thereof from any condition of leased premisesTenant, unless such damage is the proximate and (iii) as a result of such Service Interruption, the negligence or unlawful act conduct of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.normal
Appears in 1 contract
Utilities, Services. 1. All utilities and services used or consumed by Tenant on the Premises (each, a "Tenant Utility", and collectively, the "Tenant Utilities") shall be billed to and paid by Tenant separately from Rent as provided herein. Landlord shall be responsible for maintain the Tenant Utilities in the Landlord's name and manage and bill the Tenant Utilities to Tenant using a payment platform of Landlord's choosing. Tenant agrees to enroll with the billing platform and create an account BEFORE taking possession of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancyPremises. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right agrees to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by timely pay Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s ExpenseUtilities charges as they are billed. ▇▇▇▇▇▇ further agrees to work directly pay a one-time set-up fee of $20.00 and monthly billing service fees of
2. Tenant agrees to keep Tenant's account on the payment platform active through the expiration of the Lease and/or until a final accounting of ▇▇▇▇▇▇'s bills have been performed and provided to Tenant even if ▇▇▇▇▇▇ has vacated the Premises. In the event Landlord elects to estimate a final utility invoice, Landlord will provide an estimated final invoice to Tenant based on prior consumption patterns, historical data, and seasonal factors. In such event, Tenant shall pay such estimated final invoice at or before the expiration of the Lease. Tenant may contact ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ to true-up the estimated final invoice with the appropriate utility company final actual bill. If the estimated final invoice is higher than the final actual bill, Landlord will issue a refund check to Tenant's forwarding address. If the estimated final invoice is less than the final actual bill, Landlord will issue a final bill for the difference using the same payment platform and to hold the Landlord harmless for charges incurred Tenant will promptly pay. Tenant understands and acknowledges that any remaining balance left unpaid by ▇▇▇▇▇▇ may be sent to a collection firm or agency and would likely damage ▇▇▇▇▇▇'s credit.
3. In the event Tenant fails to timely pay Landlord for any bill as it becomes due, Landlord may, at its option, pay such bill on behalf of Tenant and charge Tenant an administration fee of $50.00 per bill. Tenant expressly agrees that this administrative fee is a reasonable estimate of ▇▇▇▇▇▇▇▇'s liquidated damages (not a penalty) under such circumstances since damages resulting from Tenant's failure to timely pay are very difficult to ascertain. Tenant's failure to timely pay any bill shall also constitute a default under the Lease and may trigger late fees and/or eviction proceedings as more particularly set forth in the Lease. Landlord may from shall have the right to switch billing services at any time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued with notice to Tenant until upon substantially the appropriate services are put same terms and conditions as provided herein.
4. ▇▇▇▇▇▇ agrees that Landlord shall have the right to debit/charge any method of payment that ▇▇▇▇▇▇ has provided in Tenant’s name and verified by Landlordthe past in order to satisfy an overdue utility bill.
Appears in 1 contract
Sources: Lease Agreement
Utilities, Services. Landlord shall be responsible provide, subject to the terms of this Section 11, water, electricity, heating, ventilation and air conditioning (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services) to the payment of Premises and the following utilities/Common Areas, and refuse and trash collection and janitorial services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing periodCommon Areas (collectively, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately“Utilities”). Landlord shall not be liable for damages resulting from any failure pay, as part of any utility Operating Expenses or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage subject to Tenant's property in ’s reimbursement obligation below, for all Utilities used on the leased premises Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Electricity serving the Premises is separately submetered and commencing on the Commencement Date, Tenant shall pay for electricity consumed in the Premises based on such submeter. Landlord may cause, at Landlord’s expense, any other Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all such loss charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or damage caused by failure of Utilities, from any freezing cause whatsoever, shall result in eviction or other problems which result from constructive eviction of Tenant's failure , termination of this Lease or the abatement of Rent. Tenant may elect upon delivery of written notice to Landlord to obtain and pay directly for its own janitorial services for the Premises. Unless Tenant delivers Landlord written notice that it has elected to retain a third party to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service janitorial services to the Premises, Landlord shall provide janitorial services to the Premises and Landlord shall charge Tenant directly for such janitorial services. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further Tenant agrees to work directly limit use of water and sewer with the appropriate utility company and respect to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time Common Areas to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordnormal restroom use.
Appears in 1 contract
Utilities, Services. Tenant agrees at its own cost and expense, to pay for all water, gas, sewer (and septic tank service, if any), power and electric current, garbage collection and/or compacting, and other similar utilities or services used by the Tenant on the Premises and for all connection and/or hookup fees, standby charges, service fees, whether charged before or after completion of the Premises and/or the Building, maintenance, repair, replacement and inspection service for fire sprinkler system, drainage and sewer facilities, and all utilities from and after the delivery of possession of the Premises by Landlord. If separate meters are provided for Tenant, the cost of the meters, deposit for meters, and their installation shall be at Tenant's expense. In addition to the Rent specified in Article 2, Tenant shall pay as additional rent a utility charge to reimburse Landlord for utilities furnished by Landlord, if any, to the Premises. If Tenant installs upon the Premises any electrical equipment which constitutes an overload on the electrical lines of the Premises, Tenant shall at its own expense make whatever changes are necessary to comply with the requirements of the insurance underwriters and any governmental authority having jurisdiction thereover, but nothing herein contained shall be deeded to constitute Landlord's consent to such overloading. Tenant agrees at its own cost and expense to pay for all lawn and yard care and maintenance and to maintain all landscaping in good repair and condition, specifically including the waterfall. Tenant shall not alter or remove the landscaping, including the waterfall, without the express, written consent of the Landlord. Landlord shall be responsible permitted to remove the waterfall and surrounding landscaping at its own election and expense. Tenant agrees at its own cost and expense to pay for the payment of the following utilities/services all security and fire alarm system maintenance and cost, including false alarm costs, and Tenant further agrees that any changes, alterations, or additions to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall security/alarm system are to be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancyprovided and performed by ▇. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge with Tri-City Sales, Incorporated, at Tenant's sole cost and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlordexpense. Tenant expressly assumes the risk of loss or damage agrees at its own cost and expense to Tenant's property in the leased premises and shall pay for all such loss telephone system maintenance and cost and that any changes, alterations, or damage caused additions to the telephone system are to be provided and performed by any freezing or other problems which result from Telco Wiring & Repair, Inc., at Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company sole cost and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordexpense.
Appears in 1 contract
Utilities, Services. Landlord Tenant shall be solely responsible for and promptly pay directly to the payment companies providing same, all charges for heat, water and sewer, gas, electricity, air conditioning or any other utility used or consumed in the Leased Premises from and after the date possession of the following utilities/Premises are delivered to Tenant, and, except for the water and sewer, Landlord represents to Tenant that, all such utilities for Tenant are currently separately metered to the Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any of the utility services shall never exceed the capacity of the mains, ducts and conduits bringing utility services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Building and/or the Premises. Tenant shall pay for any necessary maintenance charges for utility services provided to the Premises, and shall furnish all of the replacement electric lighting bulbs and tubes for the Premises. Except as otherwise set forth in this Section 4.5, in no event shall Landlord be liable for any interruption or failure of utility services and/or any other building services for Tenant, and/or for the Premises. Notwithstanding anything contained in this Lease to the contrary, in the event Landlord shall fail to provide the services Landlord is required to provide to Tenant under this Lease, or otherwise comply with its obligations under Section 7.2 (collectively, a “Service Failure”) as a result of Landlord’s negligent acts or omissions, other than as a result of Tenant’s and/or Tenant’s agents, employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of the Premises for more than five (5) business days, Tenant shall be responsible entitled to proportionate abatement of rent for the payment period Tenant is reasonably unable to use or conduct its operations in part or all of the following utilities/services delivered to Premises. If the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Service Failure is a result of Landlord’s negligent act or omission, Tenant shall have the above right to terminate this Lease if Landlord fails or is unable to restore such services put within sixty (60) days from the date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any a substantial part or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Social Capital Suvretta Holdings Corp. I)
Utilities, Services. Tenant shall promptly pay directly to the appropriate utility or service provider, as the same become due, all charges for water, gas, electricity, telephone, sewer service, waste pick-up and any other utilities, materials and services furnished directly to or used by Tenant on or about the Premises during the Lease Term, including, without limitation, (a) meter, use and/or connection fees, hook-up fees, or standby fees, and (b) penalties for discontinued or interrupted service. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Building or the risers or wiring installation, and Tenant shall not install or use or permit the installation or use of any “Lines” in the Premises, except in accordance with Paragraph 24 below or the Tenant Improvement Agreement. Any interruption or cessation of utilities resulting from any causes, including any entry for repairs pursuant to this Lease, and any renovation, redecoration or rehabilitation of any area of the Project, shall not render Landlord liable for damages to either person or property or for interruption or loss to Tenant’s business, nor be construed as an eviction of Tenant, nor work an abatement of any portion of Rental, nor relieve Tenant from fulfillment of any covenant or agreement hereof. Tenant hereby waives the provisions of California Civil Code Section 1932(1) or any other Applicable Laws permitting the termination of this Lease due to such failure or interruption. Notwithstanding the foregoing or anything to the contrary contained in this Lease, if Tenant is prevented from using, and does not use, the Premises or any material portion thereof as a consequence of a cessation of utilities (i) not caused by Tenant or any Tenant Party and either within the reasonable control of Landlord to correct or covered by rental interruption insurance then carried by Landlord or (ii) caused by the negligence or willful misconduct of any Landlord Indemnitee (each, a “Utility Cessation Event”), then Tenant shall give Landlord notice of such Utility Cessation Event, and if such Utility Cessation Event continues for more than five (5) consecutive business days after Landlord’s receipt of such notice (“Utility Cessation Abatement Period”), then the Basic Monthly Rent and Tenant’s Percentage Share of Operating Expenses and Real Property Taxes shall be responsible for the payment abated after expiration of the following utilities/services Utility Cessation Abatement Period and continuing for such time that Tenant continues to be so prevented from using, and does not use, the Premises or any material portion thereof, in the proportion that the rentable area of the Premises that Tenant is prevented from using, and does not use, bears to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment total rentable area of the following utilities/services delivered Premises. Such right to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves Basic Monthly Rent and Tenant’s Percentage Share of Operating Expenses and Real Property Taxes shall be Tenant’s sole and exclusive remedy at law or in equity for a Utility Cessation Event; provided, however, that if a Utility Cessation Event continues for nine (9) months after Landlord’s receipt of notice thereof from Tenant, then Tenant shall thereafter have the right to charge and administration fee terminate this Lease by delivery of $25.00 written notice of termination to tenant and will notify Tenant that such service(s) will be terminated Landlord at any time prior to cessation of the Utility Cessation Event. Except in the event the Utility Cessation Event results from a default by Landlord immediately. under this Lease, (1) Tenant’s termination shall constitute an election of remedies, and (2) Landlord shall not be liable for damages resulting from any failure have no liability to Tenant in connection with such Utility Cessation Event. The provisions of any utility this Paragraph 10.1 shall survive the expiration or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the earlier termination of utilities due to non-payment this Lease until all claims within the scope of bills this Paragraph 10.1 are fully, finally and absolutely barred by Tenant. Tenant has an obligation to notify Landlord prior to any interruption the applicable statutes of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordlimitations.
Appears in 1 contract
Sources: Lease Agreement (Harmonic Inc)
Utilities, Services. Landlord shall provide, subject to the terms of this Section 11, potable water (within 60 days after full execution of this Lease), electricity, heat, ventilation, air conditioning, light, power, telephone, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Any use by Tenant of Utilities shall be responsible allocated to and paid by Tenant on such basis as Landlord shall determine for the payment of the following utilities/services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Project. Tenant shall be responsible for the payment entitled to use its pro rata share of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyUtilities. Landlord shall not pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any governmental entity or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Landlord may cause, at Tenant’s expense, any Utilities to be liable for damages resulting from any failure of any utility separately metered or for injury charged directly to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is Tenant by the proximate result of the negligence or unlawful act of Landlordprovider. Tenant expressly assumes shall pay directly to the risk Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of loss or damage to Tenant's property in the leased premises Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord and shall pay the cost of any after hours Utilities allocated to it by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. If there is any interruption, failure, stoppage or interference of the utilities, services or access to the Premises or the Premises cannot be used due to the presence of any Hazardous Materials on or about the Building or the Project (except to the extent released or emitted in violation of Section 30 hereof), and such interruption continues for all such loss seven (7) consecutive calendar days, then Tenant shall be entitled to an equitable abatement of Rent to the extent of the interference with Tenant’ s use of the Premises occasioned thereby. Landlord’s sole obligation for either providing emergency generators or damage caused by any freezing or other problems which result from Tenant's failure providing emergency backup power to Tenant shall be: (i) to provide proper heating emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the termination third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of utilities replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to non-payment of bills by Tenant. Tenant has an the inability to obtain parts or replacement equipment, Landlord shall have no obligation to notify Landlord prior to any interruption provide Tenant with an alternative back-up generator or generators or alternative sources of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordback-up power.
Appears in 1 contract
Utilities, Services. Landlord Tenant shall be responsible contract directly with utility providers for the payment of the following utilities/services all water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: extent the Project is plumbed for such services), and refuse and trash collection (“Utilities”) required by Tenant during the Term. Tenant shall pay directly to such Utility providers prior to delinquency for all such Utilities furnished to Tenant or the Project during the Term. Unless billed directly to Tenant, Landlord shall, as part of Operating Expenses, pay for all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. To the extent that any Utilities, maintenance charges for Utilities, any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, or any taxes, penalties, surcharges or similar charges are paid for by Landlord, Tenant shall reimburse Landlord for such costs as Operating Expenses. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except in connection with a Service Interruption (as defined below), the abatement of Rent. Tenant shall be responsible for the payment of the following utilities/obtaining and paying for its own janitorial services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition Notwithstanding anything to the rent payment. No keys will be issued contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant until the appropriate services are put in Tenantor any Tenant Party or any matter beyond Landlord’s name and verified by Landlord.reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Net Laboratory 3013 Science Park/The Medicines Company - Page 35
Appears in 1 contract
Sources: Sublease
Utilities, Services. Landlord Tenant shall be solely responsible for and promptly pay directly to the payment companies providing same, all charges for heat, water and sewer, gas, electricity, air conditioning or any other utility used or consumed in the Leased Premises from and after the date possession of the following utilities/Premises are delivered to Tenant, and, except for the water and sewer, Landlord represents to Tenant that, all such utilities for Tenant are currently separately metered to the Premises. The charges for water and sewer shall be included in Operating Costs. Tenant covenants and agrees that at all times its use of any of the utility services shall never exceed the capacity of the mains, ducts and conduits bringing utility services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Building and/or the Premises. Tenant shall pay for any necessary maintenance charges for utility services provided to the Premises, and shall furnish all of the replacement electric lighting bulbs and tubes for the Premises. Except as otherwise set forth in this Section 4.5, in no event shall Landlord be liable for any interruption or failure of utility services and/or any other building services for Tenant, and/or for the Premises. Notwithstanding anything contained in this Lease to the contrary, in the event Landlord shall fail to provide the services Landlord is required to provide to Tenant under this Lease, or otherwise comply with its obligations under Section 7.2 (collectively, a “Service Failure”) as a result of Landlord’s negligent acts or omissions, other than as a result of Tenant’s and/or Tenant’s agents, employees, and contractors acts or omissions, and as a result thereof, Tenant is reasonably unable to use or conduct Tenant’s operations on part or all of the Premises for more than an five (5) business days, Tenant shall be responsible entitled to proportionate abatement of rent for the payment period Tenant is reasonably unable to use or conduct its operations in part or all of the following utilities/services delivered to Premises. If the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Service Failure is a result of Landlord’s negligent act or omission, Tenant shall have the above right to terminate this Lease if Landlord fails or is unable to restore such services put within sixty (60) days from the date of interruption, and notice thereof from Tenant, and Tenant is reasonably unable to use or conduct its operations in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any a substantial part or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Social Capital Suvretta Holdings Corp. I)
Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services make available to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Building gas, electricity, water, and sewer facilities. Tenant agrees to assume all costs and expenses for gas, electricity, telephone, water and sewer, refuse removal, pest control, grease trap cleaning, and any other service needed for its use at the Premises, including any license or deposit required to establish or maintain such services, and the costs of installation, hook-up and metering. Tenant shall be responsible promptly pay for the payment of the following utilities/all utility services delivered furnished to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have Premises during the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediatelyTerm. Landlord shall not under no circumstances be liable to Tenant in damage or otherwise for damages resulting from any failure interruption in service of water, electricity, heating, air conditioning or other utilities or services caused by governmental regulation, emergencies, acts of God, by the making of any utility necessary repairs or improvements, or by any cause beyond Landlord’s reasonable control; provided, however, that if any such interruption results from Landlord’s willful misconduct or gross negligence, Tenant, as Tenant’s sole and exclusive remedy therefor, shall be allowed an abatement of Base Rent for injury each day after the fourth (4th) consecutive business day of such interruption until such service is restored. Landlord shall endeavor in good faith to give at least twenty-four (24) hours notice to Tenant when any person (including death) or damage necessary interruption in service will be made by Landlord. Landlord shall use, and shall cause any of its employees, contractors, agents, and/or representatives to property resulting from use, commercially reasonable efforts to minimize any condition of leased premises, unless such damage is the proximate result interference with Tenant’s use and enjoyment of the negligence or unlawful act Premises and the operation of Tenant’s business therefrom during any such necessary service interruptions.
(a) Landlord shall provide unheated water at those points of supply on the Land designated by Landlord and to be specified in the Approved Construction Documents (as defined in the Construction Agreement attached hereto as Exhibit “C”) to be approved by Landlord.
(b) Landlord shall provide electric lighting service for all public areas and special service areas of the Project in the manner and to the extent deemed by Landlord to be in keeping with the standards of a comparable office/retail project in the area of The Woodlands, Texas. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for installation of the infrastructure needed to distribute electricity from the main gutter to points specified in the Approved Construction Documents, all equipment needed to submeter such loss electricity and the cost of all electricity used in the Premises.
(c) Tenant shall provide and pay for the installation of the infrastructure (including all equipment and fixtures) related to heating, ventilating and cooling the Premises and heating the water used in the Premises.
(d) Landlord shall provide pest control services in and around the Premises.
(e) Except as otherwise expressly stipulated herein, Landlord shall make, do and perform all maintenance or repairs of any kind or character on the Land, Easements, parking areas, landscaping, service and other drives, the Building and all building machinery and components necessary to maintain the Building in a condition comparable to other first-class buildings/shopping centers in the same metropolitan area as the Premises, which shall include the upkeep of the roof, roof membrane and roof systems (gutters, downspouts and the like), foundation, interior structural walls, and all structural components of the Building, the painting and repair of exterior walls, corridors, windows and other structures and equipment serving the Premises, and such repairs and maintenance thereto as may be necessary because of damage caused or negligence by persons other than Tenant, its agents, employees, invitees, licensees or visitors. Landlord shall make all repairs under this Section promptly after Landlord learns of the need for such repairs but in any freezing or other problems which result from Tenant's failure to provide proper heating or event within thirty (30) days after Tenant notifies Landlord of the termination of utilities due to non-payment of bills need for such repairs. Failure by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service extent to furnish the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilitiesdefined services in subparagraphs (a), abandonment(b), (d), or (e) or any cessation thereof shall not render Landlord liable in any respect for damages to inform either person or property, nor be construed as an eviction of Tenant, nor work an abatement of rent, nor relieve Tenant from fulfillment of any covenant or agreement herein, Tenant hereby waiving all claims against Landlord arising from service interruption. In the event of shut off any such interruption other than a service interruption for scheduled maintenance, tests and inspections, Landlord shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees use reasonable diligence to work directly with restore such service in any circumstance in which such restoration is within the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by reasonable control of Landlord.
Appears in 1 contract
Sources: Lease Agreement (American International Holdings Corp.)
Utilities, Services. Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment terms of the following utilities/services delivered this Section 11, water, electricity, heat, ventilation and air conditioning systems (“HVAC”), light, power, sewer, and other utilities (including gas and fire sprinklers to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant extent the Project is plumbed for such services), and, with respect to the Common Areas only, refuse and trash collection and janitorial services (collectively, “Utilities”). Landlord shall have the above services put in their name beginning pay, as Operating Expenses or subject to Te▇▇▇▇’▇ reimbursement obligation, for all Utilities used on the first date occupancyPremises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing periodmay cause, any or all utilities have still not been transferred into Tenant’s name at La▇▇▇▇▇▇▇’▇ reserves expense, any Utilities to be separately metered or charged directly to Tenant by the right provider. Tenant shall pay directly to charge the Utility provider, prior to delinquency, any separately metered Utilities and administration fee services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of $25.00 to tenant and will notify Tenant that such service(s) will be terminated Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord immediatelyLandlord. Landlord shall not be liable for damages resulting No interruption or failure of Utilities, from any failure cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of any utility or for injury to any person (including death) or damage to property resulting from any condition Tenant, termination of leased premisesthis Lease or, unless such damage is except as provided in the proximate result immediately following paragraph, the abatement of the negligence or unlawful act of LandlordRent. Tenant expressly assumes the risk agrees to limit use of loss or damage water and sewer with respect to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure Common Areas to provide proper heating or the termination of utilities due to non-payment of bills by Tenantnormal restroom use. Tenant has an obligation to notify Landlord prior to any interruption of utility service to shall be responsible for obtaining and paying for its own janitorial services for the Premises. Any damage Notwithstanding anything to the contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or loss incurred willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 5 consecutive business days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the conduct of Tenant’s negligence to pay utilitiesnormal operations in the Premises are materially and adversely affected, abandonment, or to inform Landlord of shut off then there shall be at Tenantan abatement of one day’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless Base Rent for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.each day during which such Service Interruption continues after such 5 business day
Appears in 1 contract
Sources: Lease Agreement (RayzeBio, Inc.)
Utilities, Services. Landlord shall be responsible provide, subject to the terms of this Section 11, water, electricity, heat, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services for the payment Common Areas (collectively, “Utilities”). Landlord shall pay, as Operating Expenses or subject to Tenant’s reimbursement obligation, for all Utilities used on the Premises, all maintenance charges for Utilities, and any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and any taxes, penalties, surcharges or similar charges thereon, but in all instances only the actual amount charged by such Utility provider or Governmental Authority shall be included as part of Operating Expenses, and Landlord shall not add any surcharge or other internal charge to such amounts. Notwithstanding the following utilities/services foregoing, any late fees, penalties or other charges associated with Landlord’s failure to timely pay any amounts due and payable by Landlord for Utilities shall not be included as part of Operating Expenses unless Landlord’s failure to timely pay for Utilities is due to Tenant’s failure to pay any amounts due from Tenant hereunder. If Landlord determines, in its reasonable discretion, that Tenant is using more than its pro rata share of jointly metered Utilities, Landlord may cause, at Tenant’s expense, such Utilities to be separately metered or charged directly to Tenant by the provider. Tenant shall pay directly to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever other than Landlord’s willful misconduct, shall result in eviction or constructive eviction of Tenant, termination of this Lease or the abatement of Rent. Tenant agrees to limit use of water and sewer with respect to Common Areas to normal restroom use. Tenant shall be responsible for the payment of the following utilities/obtaining and paying for its own janitorial services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlord.
Appears in 1 contract
Sources: Lease Agreement (Phaserx, Inc.)
Utilities, Services. Utilities and services supplied to the Premises shall be paid as follows: Paid By: Usage Cap* *Usage Cap: This is a monthly conservation cap. Usage cap is only applicable if water and sewer is paid by Landlord. If water and sewer is paid by resident, no cap applies. In addition to Rent, Resident shall pay to Landlord such amounts in excess of the Usage Cap stated above, within five (5) days of receipt from the Landlord of the amount of such amounts billed by the utility company in excess of the Usage Cap. In the absence of individual meters Landlord has the right to calculate usage based on square footage or number of occupants.
a) One Time Administration Fee: In connection with the administration and processing of the lease, the administration of common area utilities, and other services provided to Resident by Landlord during the term of this Lease, Resident will be required to, and agrees to pay an Administration Fee of $150.00 per occupant, due with first rental installment outlined in the Summary of Lease Terms section of this Lease Agreement. This fee applies to the term of this lease only, and Resident may be charged additional fees for future leases. These fees are non-refundable and cannot be prorated.
b) Landlord shall be responsible for the payment of the following utilities/services reasonably diligent in Landlord’s effort to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant restore and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, maintain any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises which is interrupted. Resident shall be solely responsible for acquiring and maintaining, at Resident’s sole cost and expense, any and all utilities, other than those specifically set forth in this section as Landlord’s responsibility. As applicable in this section, any utility or service for which payment is solely the responsibility of Resident must be placed/changed into legal name of Resident immediately upon the Lease Start Date, without any further notice from Landlord.
c) If Resident fails to place appropriate utilities and services into Resident’s legal name at any time during this lease, Landlord is not required, but reserves the right, to pay outstanding utility and service bills of Resident and bill the amount back to the Resident. If this is the case, Resident waives Resident’s right to receive a copy of such bill and acknowledges Resident will be charged an additional $50.00 processing fee for each occurrence, per utility type. This fee is used to compensate Owner for Resident’s failure to become the customer of record for such accounts, including, but not limited to charges assessed by the third party billing provider to Owner for processing of the bill for the delinquent time period, opportunity cost of the money not paid and other administrative costs. Resident and Owner agree that the charge described above is a reasonable estimate of the costs incurred. These bills will be due within five (5) days of being posted to Resident’s account or Resident will be subject to the same late fees which are described in section five (5) of this Lease Agreement. If this takes place in a month of partial residency, Resident acknowledges that Landlord will use an even daily proration method to determine Resident’s responsibility and may base the final invoice amount on a previous period if there is not reasonable administrative time to allow for receipt of the final invoice.
d) Landlord shall have the right to temporarily suspend any utility or other service to the Premises and/or Unit in order to do maintenance and/or repair and/or protect the Facility, Premises, Unit or Resident from risk of harm or loss.
e) Neither Landlord nor its agent (regardless of the negligence of Landlord or its agent) shall be liable for loss or damages resulting from the interruption of heat, electrical, water, sewer, telephone, cable TV, Internet, or any other utility services, or for the malfunction of machinery or appliances serving
f) Resident will be responsible for any utility expenses in, and not specifically laid out in, this section as Landlord’s responsibility for the full term of the Lease, from the Lease Start Date to the Lease End Date regardless of whether Resident physically occupies the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further Resident agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord all charges billed in addition to accordance with this agreement before the rent paymentLease End Date. No keys Resident will be issued required to Tenant until provide documentation that they have taken necessary steps as detailed in this section in order to be given possession of their apartment for move-in.
g) Resident is responsible for paying all charges billed to Resident under this Lease. The failure to make the appropriate services utility payment is material and substantial breach of the Lease and shall entitle Landlord to exercise all remedies available under the Lease.
h) Resident is always responsible to leave heat and air-conditioning at an adequate level so that pipes are put properly heated and do not freeze, and no organic growth occurs, even when they are not in Tenant’s name the Unit. If Resident fails to do so Resident will be fully responsible for all damages.
i) Resident agrees not to terminate, cut off, interfere with, or disconnect any utility sub metering system or device. Violation of this provision is a material breach or default of the Lease and verified by shall entitle Landlord to immediately exercise all remedies available.
j) If Landlord decides to enter into a bulk cable and internet agreement with a local provider Landlord has the right to require Resident to buy cable and internet package from Landlord, at a fair going rate. If this is the case, Landlord may notify Resident of this via email and explain rate and terms.
k) Should any provision of this Utility & Services Section of the Lease Agreement be found legally invalid or unenforceable, this does not invalidate or diminish any other provision herein. We will not be in default under any provision hereof unless you have provided us with written notice of the specific issue, and we have failed to cure such matter within a reasonable time after receipt of your notice.
Appears in 1 contract
Sources: Lease Agreement
Utilities, Services. Landlord Sublandlord shall be responsible have no obligation to provide to the Subleased Premises with any services or utilities (including without limitation telephone or internet services) of any kind and shall have no liability for the payment of the following utilities/any interruption in utilities or services to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancySubleased Premises. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord Sublandlord shall not be responsible or liable in any way for damages resulting from any failure or interruption, for any reason whatsoever, of the services, utilities or facilities that may or should be appurtenant or supplied to the Subleased Premises, and no such failure will in any utility way excuse Subtenant’s performance under this Sublease or for injury entitle Subtenant to any person (including death) or damage to property resulting from any condition abatement of leased premisesRent, unless such damage failure is the proximate a result of the Sublandlord’s negligence or unlawful act of Landlordwillful misconduct, or Sublandlord’s default under the Master Lease, in which event Subtenant may contract directly with Master Landlord to restore such interrupted utilities and services. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and Subtenant shall pay to Sublandlord as Rent hereunder any and all sums which Sublandlord may be required to pay to Master Landlord or any service provider arising out of excess consumption by Subtenant or a request by Subtenant for all such loss or damage caused by any freezing or other problems which result from Tenant's failure additional building services (e.g., charges associated with after-hours HVAC usage and over-standard electrical charges). Notwithstanding anything to provide proper heating the contrary in this Sublease or the termination Master Lease, Subtenant agrees that Sublandlord shall not be required to perform any of utilities due the covenants, agreements or obligations of Master Landlord under the Master Lease and, insofar as any of the covenants, agreements and obligations of Sublandlord hereunder are required to non-payment of bills be performed under the Master Lease by Tenant. Tenant has an obligation Master Landlord thereunder, Subtenant acknowledges and agrees that Subtenant will look solely to notify Master Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition to the rent payment. No keys will be issued to Tenant until the appropriate services are put in Tenant’s name and verified by Landlordsuch performance.
Appears in 1 contract
Utilities, Services. The hours of operation of the Building are 6:00 a.m. to 6:00 p.m., Monday through Friday, legal holidays excepted. During such periods, Landlord shall be responsible for the payment of the following utilities/services provide, subject to the premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: terms of this Section 11, water, electricity, HVAC, light, power, sewer, and other utilities (including gas and fire sprinklers to the extent the Project is plumbed for such services), refuse and trash collection and janitorial services (collectively, “Utilities”). Upon reasonable advance notice from Tenant to Landlord, Landlord shall make available after hours HVAC or ventilation. Commencing on the Commencement Date, Tenant shall be responsible for the payment of the following utilities/services delivered required to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed pay to Landlord during this tenancy will a fee at the rate of $266.97 per operating hour for providing such after-hours HVAC and $126.63 per operating hour for providing such after-hours ventilation, which fees may be charged back amended by Landlord from time to Tenant and time upon reasonable advance written notice to Tenant. The minimum use of after-hours HVAC shall be due for reimbursement determined by Landlord and may thereafter be amended by Landlord as the same may change from time to time upon receipt of invoice from Landlordreasonable advance notice to Tenant. If after the first billing periodLandlord shall pay, any as Operating Expenses or all utilities have still not been transferred into Tenant’s name subject to ▇▇▇▇▇▇▇▇ reserves ’s reimbursement obligation below, for all Utilities used on the right to charge Premises, all maintenance charges for Utilities, and administration fee of $25.00 to tenant any storm sewer charges or other similar charges for Utilities imposed by any Governmental Authority or Utility provider, and will notify Tenant that such service(s) will be terminated by Landlord immediatelyany taxes, penalties, surcharges or similar charges thereon. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premisesmay cause, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expenseexpense, any Utilities to be separately metered or charged directly to Tenant by the provider. ▇▇▇▇▇▇ further Tenant shall pay directly to the Utility provider, prior to delinquency, any separately metered Utilities and services which may be furnished to Tenant or the Premises during the Term. Tenant shall pay, as part of Excess Operating Expenses, its share of all charges for jointly metered Utilities based upon consumption, as reasonably determined by Landlord. No interruption or failure of Utilities, from any cause whatsoever, shall result in eviction or constructive eviction of Tenant, termination of this Lease or, except as expressly provided in the immediately following paragraph, the abatement of Rent. Tenant agrees to work directly limit use of water and sewer with the appropriate utility company and respect to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇Common Areas to normal restroom use. Landlord may from time to time require Tenant to pay for utility(s) directly to Landlord in addition Notwithstanding anything to the rent payment. No keys will be issued contrary set forth herein, if (i) a stoppage of an Essential Service (as defined below) to the Premises shall occur and such stoppage is due solely to the gross negligence or willful misconduct of Landlord and not due in any part to any act or omission on the part of Tenant until or any Tenant Party or any matter beyond Landlord’s reasonable control (any such stoppage of an Essential Service being hereinafter referred to as a “Service Interruption”), and (ii) such Service Interruption continues for more than 3 consecutive business days after Landlord shall have received written notice thereof from Tenant, and (iii) as a result of such Service Interruption, the appropriate services are put in conduct of Tenant’s name and verified by Landlord.normal Net Multi-Tenant Office/Laboratory 611 Gateway – Suite 740/Spruce Bio - Page 12
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Utilities, Services. Landlord (A) Utilities and services supplied to the Facility shall be responsible for the payment paid as follows: I have read and understand Utilities and Services (Section 3) of the following utilities/services to the premisesthis lease. Initials: Electric Gas Tenant: Manager: Paid By: Monthly Utility Cap Basic Cable Television Water Trash Sewer Cable TV Telephone Other: Tenant shall be responsible for the payment of the following utilities/services delivered to the leased premises: Electric Gas Water Trash Sewer Cable TV Telephone Other: Tenant shall have the above services put in their name beginning on the first date occupancy. Any such bills for these services intermittently billed to Landlord during this tenancy will be charged back to Tenant and shall be due for reimbursement upon receipt of invoice from Landlord. If after the first billing period, any or all utilities have still not been transferred into Tenant’s name & Sewer* Electric* ▇▇▇▇▇▇▇▇ reserves the right to charge and administration fee of $25.00 to tenant and will notify Tenant that such service(s) will be terminated by Landlord immediately. Landlord shall not be liable for damages resulting from any failure of any utility or for injury to any person (including death) or damage to property resulting from any condition of leased premises, unless such damage is the proximate result of the negligence or unlawful act of Landlord. Tenant expressly assumes the risk of loss or damage to Tenant's property in the leased premises and shall pay for all such loss or damage caused by any freezing or other problems which result from Tenant's failure to provide proper heating or the termination of utilities due to non-payment of bills by Tenant. Tenant has an obligation to notify Landlord prior to any interruption of utility service to the Premises. Any damage or loss incurred due to Tenant’s negligence to pay utilities, abandonment, or to inform Landlord of shut off shall be at Tenant’s Expense. ▇▇▇▇▇▇ further agrees to work directly with the appropriate utility company and to hold the Landlord harmless for charges incurred by ▇▇▇▇▇▇. ▇▇* ▇▇▇▇▇▇▇▇* ▇/▇ $ $ Gas* N/A N/A Internet/Ethernet Services Landlord may from time N/A (Review Section 8 of the Terms and Conditions) Telephone, Local Service Tenant N/A Telephone, Long Distance Service Tenant N/A (Review Section 8 of the Terms and Conditions) Mail Delivery and Mail Forwarding Landlord N/A (Review Section 14 of the Terms and Conditions) Pest Control Landlord N/A (excluding flea or other treatments that are not considered normal pest control services) Lawn Maintenance Landlord N/A [If applicable] *Utility Conservation Caps: In order to time require Tenant promote responsible use of and conservation of utilities, Landlord has placed caps on Landlord’s obligation to pay for utility(scertain utilities as listed above per Bedroom within each Unit. If Tenant’s pro rata share of actual charges for Water & Sewer, Electric and Gas in the Unit exceeds the Monthly Utility Cap (the “Utility Caps”) directly for the Bedroom as referenced above, Tenant shall be responsible for paying such excess amount as provided in Section 2 of the Terms and Conditions. For purposes of this calculation, only occupied Bedrooms will be used. Upon Tenant’s request, Landlord will provide a copy of its applicable utility bills and all applicable bills issued to Landlord in addition tenants. The billing period for the utility ▇▇▇▇ will generally be the 1st to the rent payment31st of the month or the billing period of the local utility. No keys will At Landlord’s option, and only to the extent permitted under applicable laws, Tenant may be issued pre-billed for the estimated amount of charges above the applicable utility conservation cap for the last three months of the Lease Term, to Tenant until be calculated based on prior utility charges within the appropriate services are put Unit and in Tenant’s name accordance with any applicable utility billing laws and verified by Landlordregulations.
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Sources: Lease Agreement