UTILITIES AND SERVICES
(1)
Utilities: Lessor at its expense will provide adequate sewer, water,
electric and gas lines, pipes and conduits to and for the premises and will
provide separate meters for the purpose of measuring all utilities to be paid
for by Lessee, and Lessee will pay for all water, gas, electricity and other
utilities used by Lessee on the premises. If any such service is not
separately metered by or for each Lessee, but rather is furnished through one
master meter, the Lessee shall pay a pro rata share, based on usage, of any
charge. In the event any utility service to the premises is interrupted for
forty-eight (48) hours or more for any cause other than Lessee's failure to
pay current utility charges or Lessee's negligence, rent shall abate until
such utility service is resumed.
(2)
Utilities: If the Lessee shall require electrical current or install
electrical equipment including but not limited to electrical heating,
refrigeration equipment, electronic data processing machines, punch card
machines, or machines or equipment using current which will in any way
increase the amount of the electricity usually furnished for general use,
Lessee will obtain prior written approval from the Lessor and pay periodically
for the additional direct expense involved, including any installation cost
thereof.
(3)
Services by Lessor: Lessor agrees to furnish heat, air conditioning,
water, normal electrical service, and refuse disposal (collectively
"services") to the Leased Premises.
(4)
Utilities: The Lessee shall pay for all utilities consumed by it on the
leased premises during the term of this lease.
(5)
Fees, Water, Electric Light, Heat, Etc.: Lessee covenants and agrees
during the term of this lease to pay promptly when due all license fees and
all other charges of any nature and kind whatsoever, imposed, charged, or
levied against the demised premises, in connection with the use and occupancy
of the demised premises by Lessee and also all bills for utilities and any
other repairs caused by the negligence on the part of Lessee and/or its
employees or independent contractors employed by it.
(6)
Service: Lessor at its own cost shall furnish:
(a) Air cooling daily from 8:00 A.M. to 6:00 P.M. (Saturdays to 1:00
P.M.), Sundays and Holidays excepted, at whatever times of the year air
cooling shall be required for comfortable use and occupation of the premises.
(b) Heat daily from 8:00 A.M. to 6:00 P.M. (Saturdays to 1:00 P.M.),
Sundays and Holidays excepted, whenever heat shall be required for the
comfortable use and occupation of the premises, and whenever otherwise
required by law.
(c) Cold water for drinking, lavatory and toilet purposes, drawn through
fixtures installed by the Lessor, and hot water for lavatory purposes from
regular building supply at the prevailing temperature.
(d) Janitor service in and about the demised premises and common areas of
the Building; Saturdays, Sundays and Holidays excepted.
(e) Passenger elevator service in common with Lessor and other tenants,
daily from 8:00 A.M. to 6:00 P.M. (Saturdays to 1:00 P.M.), Sundays and
Holidays excepted, and freight elevator service in common with Lessor and
other tenants, daily from 8:00 A.M. to 5:00 P.M., Saturdays, Sundays, and
Holidays excepted. Lessor shall provide limited passenger elevator service
daily at all times normal passenger service is not furnished.
(f) Window washing of all windows in the premises, both inside and out,
weather permitting, at least once each quarter.
(g) Painting of interior walls at time of renewal of lease term if Lessee
exercises its option pursuant to renewal options provided, however, that such
painting shall in no event be less frequent than once each three years.
(h) Light and heat for the demised premises and all other common areas
and sewer service for the demised premises.
(i) Removal of snow and ice from the sidewalks in the front and rear of
the demised premises.
(j) Security service for the building.
(7)
Utilities: Lessee shall pay for all water, gas, heat, light, power,
telephone and other utilities and services supplied to the Premises, together
with any taxes thereon.
(8)
Services to be Provided by Lessor: Subject to the rules and regulations
hereinafter referred to, Lessor shall furnish Lessee, at Lessor's expense the
following service during the lease term:
a) Air conditioning and heating as reasonably required for comfortable
use and occupancy under normal office conditions, from 7:30 A.M. to 6:00 P.M.
Monday through Friday, and 7:30 A.M. to 2:00 P.M. Saturday, but not on
Sundays, New Year's Day, July 4th, Labor Day, Thanksgiving, Christmas, or
legal holidays.
b) Janitor service in and about the Leased Premises, five days per week,
and periodic window washing.
c) Elevators for access to and egress from the Building doors on which
the Leased Premises are situated.
d) Replacement of fluorescent lamps in ceiling mounted fixtures installed
by Lessor, and electric current for standard Building lighting.
e) Lessee agrees to pay monthly as additional rent for electric current
used for equipment considered by Lessor to be high consumption equipment.
(Current for normal office equipment and lighting being furnished at Lessor's
expense.)
No interruption or malfunction of any of such services for less than 24
hours shall constitute an eviction or disturbance of Lessee's use and
possession of the Leased Premises or Building or a breach by Lessor of any of
its obligations hereunder or render Lessor liable for damages or entitle
Lessee to be relieved from any of its obligations hereunder (including the
obligation to pay rent) or grant Lessee any right of set off or recoupment.
In the event of any such interruption, however, Lessor shall use reasonable
diligence to restore such service. If Lessor does not restore satisfactory
service within 24 hours, then Lessee may take such steps as necessary to do so
at Lessor's expense to be deducted from the rent next coming due.
(9)
Utilities: The Lessor shall pay, or cause to be paid, all charges for
water, gas, electricity, light, heat, power, and other utility service used or
supplied upon or in connection with the Leased Premises during the term of
this Lease Agreement or any extensions hereof.
(10)
Services: The Lessor agrees to furnish to the Premises during hours of
generally recognized business days water and electricity suitable for the
intended use of the Premises, heat and air conditioning required for the
comfortable use and occupation of the Premises, maintenance, repair,
janitorial and elevator services as it is customarily furnished in buildings
of like kind and character in the area. Lessor shall not be liable for and
Lessee shall not be entitled to any abatement or reduction of rental by reason
of the Lessor's failure to furnish any of the foregoing where such failure is
caused by accidents, breakage, repairs, strikes, or other causes beyond the
control of the Lessor unless such failure continues for a period of thirty
(30) days and substantially interfered with Lessee's use or occupancy of the
Premises and in such an event, the Lessee may terminate this lease.
(11)
Lessor represents and warrants that the leased premises will be fully
equipped with heating and air conditioning equipment and facilities adequate
to maintain a comfortable temperature therein at all times for the conduct by
Lessee of its business in the leased premises and with all plumbing equipment
(including toilet facilities), electrical facilities and lighting fixtures and
equipment required for the conduct by Lessee of its business in the leased
premises and as required by all applicable laws, ordinances, rules,
regulations, covenants, conditions and restrictions. Lessor at its sole cost
and expense shall do all landscaping work and parking lot sweeping and
maintenance.
Lessee shall pay for all heat, air conditioning, light, water and other
public utility services used by Lessee in the leased premises.
(12)
Services: Lessor covenants that throughout the term of this Lease Lessor
shall provide Lessee at Lessor's sole expense, maintenance, repair,
janitorial, elevator, office and services to the Premises and the Building as
is customarily furnished in buildings of like kind and character in the area
including:
A. Elevator service--twenty-four (24) hour service, seven days per week.
B. Heat and air-conditioning--between the hours of 6 A.M. and 8 P.M. on
Monday through Saturday, at a mean temperature of 74 degrees F. plus
or minus 4 degrees F. and a maximum relative humidity of 50%.
C. Utility services--including electricity, hot and cold water and
sewer.
D. Janitorial, trash removal and window washing services in accordance
with the attached Exhibit.
E. Snow and ice removal--including salting of walkways and parking areas
and other prudent safety measures for the protection of Lessee's
employees and the general public; gardening and landscape services.
Lessor shall not be liable for and Lessee shall not be entitled to any
abatement or reduction of rental by reason of the Lessor's failure to furnish
any of the foregoing where such failure is caused by accident, breakage,
repairs, strikes or other causes beyond the control of the Lessor unless such
failure substantially interferes with Lessee's use or occupancy of the
Premises and such failure continues for a period of thirty (30) days; and in
such an event, the Lessee may, in addition to any other remedy it may have,
terminate this lease without any further obligation to Lessor hereunder or
otherwise related to this lease.
(13)
Services to be Furnished by Lessor: a. Lessor agrees to furnish to the
Lease Premises during reasonable hours of recognized business days, the
following services:
(1) Air conditioning and heating for comfortable use and occupancy under
normal office conditions, from 7:00 a.m. to 6:00 p.m., Monday through Friday,
and 7:00 a.m. to 12:00 p.m., Saturday. These services will not be provided on
Sundays, New Year's Day, July 4th, Labor Day, Thanksgiving, Christmas or other
nationally recognized holidays;
(2) Water and electricity suitable for the intended use of the Lease
Premises. Should Lessee require additional water or electrical current for
any specialized equipment, such as computers and/or data processing equipment,
in excess of that usually supplied for use of the Lease Premises as general
office space, Lessee agrees to pay to Lessor within ten (10) days of receipt
of such invoice, such charges as either may be separately metered to Lessee or
computed by Lessor's engineer on the basis of such usage. In the event Lessee
desires utility or air conditioning service at other than normal operating
hours, such request may be made to Lessor or manager's office twenty-four (24)
hours in advance. This service will be made available, at the then prevailing
rate established on an hourly basis, and Lessee hereby agrees to reimburse
Lessor within ten (10) days of receipt of invoice for such additional usage;
(3) Replacement of fluorescent tubes in ceiling mounted fixtures
installed by Lessor, provided such replacement is the result of normal usage;
(4) Janitorial and maintenance services in and about the Lease Premises
and Building on a five day week basis; provided, however, if Lessee's floor
covering or other improvements are other than Building standard, Lessee shall
pay the additional cleaning cost attributable thereto as additional rent;
(5) Elevator maintenance service, in the case of a multi-story building;
(6) Security for the Building during the weekends and after normal
working hours during the week. Lessor shall not be liable to Lessee for
losses due to theft or burglary, or for damages done by unauthorized persons
in the Building.
b. In the event of any interruption or malfunction for any reason of any
utility or service to the Lease Premises or Building, Lessor shall use
reasonable diligence to restore such service; however, such interruption or
malfunction shall not entitle Lessee to be relieved from any of its
obligations hereunder, or grant Lessee the right of set-off or recoupment of
rent, or be considered to be a breach by Lessor of any of its obligations, or
render Lessor liable for any damages.
c. Should any of the equipment or machinery break down, or for any cause
cease to function properly, Lessor shall use reasonable diligence to repair
same promptly, but Lessee shall have no claim for rebate of rent or damages on
account of any interruptions in service occasioned thereby or resulting
therefrom.
(14)
Lessor shall furnish heat, light, air conditioning, water, janitor
service, and off-street parking space for at least _____ cars.
(15)
Utilities and Services: Lessor shall, at its own cost and expense,
furnish the premises during the term of this Lease, and any extension period
with water, heat, air conditioning, electricity, sewerage, and janitorial
service, and Lessor shall replace all burned out fluorescent (only) tubes,
ballasts and starters. Such utilities and janitorial services shall be
provided during ordinary business hours and at such other times and in the
manner customarily provided in similar office buildings in the _______________
area. Lessor shall not be liable or responsible for any interruption in such
utilities or other services arising from causes beyond Lessor's control or for
similar interruptions caused by renovation, repair or improvement to the
premises or the building in which the premises are located. Electricity
furnished by Lessor shall be used only for purposes of illumination and the
operation of office and related equipment.
Utility Charges: Lessor shall pay all charges for electricity, water,
sewage disposal, and gas or other fuel consumed upon the leased premises and
for janitorial services.
(16)
Utility Charges and Janitorial Services: Lessor shall provide and pay
for all electric, water, sewage disposal, heat and air conditioning to the
leased premises and shall pay all charges for such services. Lessor shall
provide and pay for the janitorial services for the leased premises.
(17)
Utilities. Lessee shall pay for all gas, electricity, water, sewer, heat
and other utilities used by Lessee on Leased Premises.
(18)
Utilities. Lessee shall purchase all utility services, including but not
limited to fuel, water, sewer and electricity from the utility or municipality
providing such service and shall pay for such services when such payments are
due.
(19)
ARTICLE --UTILITIES. Lessee shall pay when due all charges for
water, sanitary sewer, gas and electric current used by Lessee on the Property
and Lessee shall furnish its own heat, janitor service, waste removal and such
other services as Lessee may find necessary or desirable in connection with
its use and occupancy of the Premises.
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