Fillable Printable Office Rental and Lease Agreement Form
Fillable Printable Office Rental and Lease Agreement Form
Office Rental and Lease Agreement Form
OFFICE LEASE
BETWEEN
_________________________________
(“LANDLORD”)
AND
________________________________________.
A _________________ CORPORATION
(“TENANT”)
DATE OF LEASE ________________________________
BUILDING _________________________________________
TABLE OF CONT ENTS
1. DEFINITIONS ....................................................................................................................... 1
2. LEASE GRANT ..................................................................................................................... 4
3. ADJUSTMENT OF COMMENCEMENT DATE/POSSESSION .................................... 4
4. USE.......................................................................................................................................... 6
5. BASE RENTAL...................................................................................................................... 6
6. SECURITY DEPOSIT........................................................................................................... 7
7. SERVICES TO BE FURNISHED BY LANDLORD.......................................................... 7
8. LEASEHOLD IMPROVEMENTS/TENANT’S PROPERTY .......................................... 8
9. SIGNAGE ............................................................................................................................... 9
10. REPAIRS AND ALTERATIONS BY TENANT ................................................................ 9
11. USE OF ELECTRICAL SERVICES BY TENANT......................................................... 10
12. ENTRY BY LANDLORD ................................................................................................... 10
13. ASSIGNMENT AND SUBLETTING ................................................................................ 11
14. MECHANIC’S LIENS......................................................................................................... 12
15. INSURANCE........................................................................................................................ 12
16. INDEMNITY........................................................................................................................ 14
17. DAMAGES FROM CERTAIN CAUSES.......................................................................... 14
18. CASUALTY DAMAGE....................................................................................................... 15
19. CONDEMNATION.............................................................................................................. 15
20. HAZARDOUS SUBSTANCES........................................................................................... 15
21. AMERICANS WITH DISABILITIES ACT ..................................................................... 17
22. EVENTS OF DEFAULT..................................................................................................... 17
23. REMEDIES .......................................................................................................................... 18
24. NO WAIVER........................................................................................................................ 21
25. PEACEFUL ENJOYMENT................................................................................................ 21
26. SUBSTITUTION.................................................................................................................. 21
27. HOLDING OVER................................................................................................................ 22
28. SUBORDINATION TO MORTGAGE/ESTOPPEL CERTIFICATE........................... 22
29. NOTICE................................................................................................................................ 23
30. LANDLORD’S LIEN........................................................................................................... 23
31. SURRENDER OF PREMISES........................................................................................... 23
32. RIGHTS RESERVED TO LANDLORD........................................................................... 24
33. MISCELLANEOUS............................................................................................................. 24
34. ENTIRE AGREEMENT ..................................................................................................... 26
35. LIMITATION OF LIABILITY.......................................................................................... 26
EXHIBIT A-OUTLINE AND LOCATION OF PREMISES.................................................. 27
EXHIBIT B-RULES AND REGULATION.............................................................................. 29
EXHIBIT C-PAYMENT OF BASIC COSTS........................................................................... 32
EXHIBIT C-PAYMENT OF BASIC COSTS........................................................................... 36
EXHIBIT D-WORK LETTER .................................................................................................... 1
EXHIBIT D-WORK LETTER .................................................................................................... 3
EXHIBIT D-WORK LETTER .................................................................................................... 4
EXHIBIT E-ADDITIONAL PROVISIONS ............................................................................... 7
EXHIBIT F-COMMENCEMENT LETTER ............................................................................. 8
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OFFICE
LEASE AGREEMENT
This Office Lease Agreement (the "Lease") is made and entered into on the ____ day of ___________, 20__,
between ___________________________, a ________ corporation ("Landlord") and
__________ ______ ___ _____ _______ _____ ___, a _____ ___ C orporat ion (" Tenant").
W
I T N E S S E T H:
1. Definitions.
The following are definitions of some of the defined terms used in this Lease. The
definition of other defined terms are found throughout this Lease.
A. "Building" shall mean the office building at _____________________________, County of
______, State of _______, curr en tly known as ____________________.
B. “Base Rent”: Base Rent will be paid according to the following schedule, subject to the
provisions of Section 5. hereof. For the purposes of this Section 1.B., "Lease Year" shall mean the
twelve (12) month period commencing on the Commencement Date, and on each anniversary of the
Commencement Date.
P
ERIOD
ANNUAL BASE RENT
M
ONTHLY INSTALLMENTS
OF BASE RENT
First Lease Year
Second Lease Year
Third Lease Year
Fourth Lease Year
The Base Rent due for the first month during the Lease Term (hereinafter defined) shall be paid by
Tenant to Landlord contem poraneous l y with Tenant’s execution hereof.
C. “Additional Rent” shall mean Tenant’s Pro Rata Share of Basic Costs (hereinafter defined) and
any other sums (exclusive of Base Rent) that are required to be paid to Landlord by Tenant hereunder,
which sums are deemed to be Additional Rent under this Lease. Additional Rent and Base Rent are
sometimes collectively referred to herein as “Rent.”
D. “Basic Costs” shall mean all direct and indirect costs and expenses incurred in connection with
the Build ing as more fully define d in Exhibit C attached hereto.
E. “Security Deposit” shall mean the sum of ________________________________ Dollars
($_____). The Security Deposit shall be paid by Tenant to Landlord contemporaneously with
Tenant’s execution hereof.
F. “Commencement Date,” “Lease Term” and “Termination Date” shall have the meanings set
forth in subsection 1.F.(1) or 1.F.(2) below (delete one).
(1) The “Lease Term” shall mean a period of _______ months commencing on _______,
_________________ (the “Commencement Date”), and unless sooner terminated as
provided herein, end on _______________, ________________ (the Termination
Date”).
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(2) The “Lease Term” shall mean a period of ___________ months commencing on the
later to occur of (a) _____________________(the “Target Commencement Date”) and
(b) the date upon which Landlord’s Work in the Premises has been substantially
completed as such date is determined pursuant to Section 3.A. hereof (the later to occur
of such dates being defined as the “Commencement Date”). The “Termination Date”
shall, unless sooner terminated as provided herein, mean the last day of the Lease Term.
Notwithstanding the foregoing, if the Termination Date, as determined herein, does not
occur on the last day of a calendar month, the Lease Term shall be extended by the
number of days necessary to cause the Termination Date to occur on the last day of the
last calendar month of the Lease Term. Tenant shall pay Base Rent and Additional Rent
for such additional days at the same rate payable for the portion of the last calendar
month immediately preceding such extension. The Commencement Date, Lease Term
(including any extension by Landlord pursuant to this subsection I.F.(2)) and Termination
Date shall be set fo rth in a Commencement Letter pr epared by Landlord and executed by
Tenant in accordance with the provisions of Section 3.A. hereof.
G. "Premises" shall mean the office space lo cated within the Bu ilding an d outlined on Exhibit A to
this Lease.
H. "Approximate Rentable Area in the Premises” shall mean the area contained within the
demising walls of the Premises and any other area designated for the exclusive use of Tenant plus an
allocation of the Tenant's pro rata share of the square footage of the "Common Areas" and the
"Service Areas" (as defined below). For purposes of the Lease it is agreed and stipulated by both
Landlord and Tenant that the Ap proximate Rentable Area in the Prem ises is _____ square feet.
I. The “Approximate Rentable Area in the Building” is _______ square feet. The Approximate
Rentable Area in the Premises and the Approximate Rentable Area in the Building as set forth herein
may be revised at Landlord's election if Landlord's architect determines such estimate to be inaccurate
in any material degree after examination of the final drawings of the Premises and the Building.
J. “Tenant’s Pro Rata Share” shall mean ____%, wh ich is th e quotient (expressed as a percentage),
derived by dividing the Approximate Rentable Area in the Premises by the Approximate Rentable
Area in the Building.
K. “Permitted Use” shall mean _______________________use and no other use or purpose.
L. “Base Year” shall mean ____.
M. “Guarantor(s)” shall mean _______________________________________________________
and any other party that agrees in writing to guarantee Tenant’s obligations under the Lease.
N. “Broker” shall mean ______________________.
O. “Building Manager” shall mean __________________________________or such other
company as Landlord shall designate from time to time.
P. "Building Standard" shall mean the type, brand, quality and/or quantity of materials Landlord
designates from time-to-time to be the minimum quality and/or quantity to be used in the Building or
the exclusive type, grade, qu ality and/or quantity of material to be used in the Building .
Q. "Business Day(s)" shall mean Mondays through Fridays exclusive of the normal business
holidays of New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day (“Holidays”). Landlord, from time to time during the Lease Term, shall have the
right to designate additional Holidays, provided such additional Holidays are commonly recognized
by other office buildings in the area where the Building is located.
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R. "Common Areas" shall mean those areas lo cated within the Build ing or on the Pr operty us ed for
corridors, elevator foyers, mail rooms, restrooms, mechanical rooms, elevator mechanical rooms,
property management office, janitorial closets, electrical and telephone closets, vending areas, and
lobby areas (whether at ground level or otherwise), entrances, exits, sidewalks, skywalks, tunnels,
driveways, parking areas and parking garages and landscaped areas and other similar facilities
provided for the common use or benefit of tenants generally and/or the public.
S. “Default Rate” shall mean the lower of (i) the Prime Rate plus six percent (6%) or (ii) the
Max imum Rate.
T. “Maximum Rate" shall mean the highest rate of interest from time-to-time permitted under
applicable federal and state law.
U. "Normal Business Hours" for the Building shall mean 8:00 a.m. to 6:00 p.m. Mondays through
Fridays, and 8:00 a.m. to 1:00 p.m. on Saturdays, exclusive of Holidays.
V. "Prime Rate" shall mean the p er annum interest r ate annou nced by an d quoted in th e Wall Street
Journal from time-to-time as the prime or base rate.
W. “Prope rty” shall mean the Building and the parcel(s) of land on which it is located, other
improvements located on such land, adjacent parcels of land that Landlord operates jointly with the
Building, and other buildings and improvements located on such adjacent parcels of land.
X. "Service Areas" shall mean those areas within the Building used for stairs, elevator shafts, flues,
vents, stacks, pipe shafts and other vertical penetrations (but shall not include any such areas for the
exclusi ve use of a particul ar tenant ).
Y. “Notice Addresses” shall mean the following addresses fo r Tenant and Landlord, respectively:
Tenant:
with a copy to:
Landlord:
__________ __ _______ ___ ______ ___ _____ ____
Attn: ________ _______ ___ ______ ___ _____ ____
with a copy to:
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__________ __ _______ ___ ______ ___ _____ ____
__________ __ _______ ___ ______ ___ _____ ____
__________ __ _______ ___ ______ ___ _____ ____
Payments of Rent onl y shall be made pay able to the order of:
________________________________________
at the following address:
or such other name and address as Landlord shall, from time to time, designate.
2. Lease
Grant. Subject to and upon the terms herein set forth, Landlord leases to Tenant and Tenant
leases from Landlord the Premises together with the right, in common with others, to use the Common
Areas.
3. Adjustment
of Commencement Date/Possession.
A. If the Lease Term, Commencement Date and Termination Date are to be determined in
accordance with Section I.F.2. above, the Lease Term shall not commence until the later to occur of
the Target Commencement Date and the date that Landlord has substantially completed the work to
be performed by Landlord as set forth in the Work Letter Agreement attached hereto as Exhibit D
(“Landlord’s Work”); provided, however, that if Landlord shall be delayed in substantially
completing the Landlord Work as a result of the occurrence of any of the following (a “Delay”):
(1) Tenant’s failure to furnish information in accordance with the Work Letter Agreement or
to respond to any request by Landlord for any approval of information within any time
period prescribed, or if no time period is prescribed, then within two (2) Business Days of
such request; or
(2) Tenant’s insistence on materials, finishes or installations that have long lead times after
having first been informed by Landlord that such materials, finishes or installations will
cause a Delay; or
(3) Changes in any plans and specifications requested by Tenant; or
(4) The performance or nonperformance by a person or entity employed by on or behalf of
Tenant in the completion of any work in th e Premises (all such work and such persons or
entities being subject to prior approva l of Lan dlord); or
(5) Any request by Tenant that Landlord delay the completion of any of the Landlord’s
Work; or
(6) Any breach or default by Tenant in the performance of Tenant’s obligations under this
Lease; or
(7) Any delay resulting from Tenant’s having taken possession of the Premises for any
reason prior to substantial com pletion of the Landlord’s Work; or
(8) Any other delay chargeable to Tenant, its agents, employees or independent contractors;
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then, for purposes of determining the Commencement Date, the date of substantial completion shall
be deemed to be the day that said Landlord’s Work would have been substantially completed absent
any such Delay(s). The Landlord’s Work shall be deemed to be substantially completed on the date
that Landlord’s Work has been performed (or would have been performed absent any Delay(s)), other
than any details of construction, mechanical adjustment or any other matter, the noncompletion of
which does not materially interfere with Tenant’s use of the Premises. The adjustment of the
Commencement Date and, accordingly, the postponement of Tenant’s obligation to pay Base Rent
and other su ms du e hereunder shall be Tenant’s so le remedy and sh all constitute full settle ment of all
claims that Tenant might otherwise have against Landlord by reason of the Premises not being ready
for occupancy by Tenant on the Target Commencement Date. Promptly after the determination of the
Commencement Date, Landlord and Tenant shall enter into a letter agreement (the “Commencement
Letter”) on the form attached hereto as Exhibit F setting forth the Commencement Date, the
Termination Date and any other dates that are affected by the adjustment of the Commencement Date.
If this Lease requires Landlord to perform Landlord’s Work in the Premises, the Commencement
Letter shall identify an y minor inco mplete items of the Landlord’s Work as reasonably determined by
Landlord's architect (the "Punchlist Items"), which Punchlist Items Landlord sh all promptly remedy.
Tenant, within five (5) days after receipt thereof from Landlord, shall execute the Commencement
Letter and return the same to Landlord. Notwithstanding anything herein to the contrary, Landlord
may elect, by written notice to Tenant, not to adjust the Commencement Date as provided above if
such adjustment would cause Landlord to be in violation of the existing rights granted to any other
tenant of th e Building. If Landlord elects not to adju st the Commence ment Date, the Commencement
Date shall be the Targ et Commence ment Date, p rovided that Base Rent an d Additional Rent shall no t
commence until the date th at Landlord’s Work h as been substantially comple ted (or wou ld have be en
substantially co mpleted absent any Delays).
B. By taking possession of the Premises, Tenant is deemed to have accepted the Premises and agreed
that the Premises is in good order and satisfactory condition, with no representation or warranty by
Landlord as to the condition of the Premises or the Building or su itability thereo f for Tenant’s use.
C. Notwithstanding anything to the contrary contained in this Lease, Landlord shall not be obligated
to tender possession of any portion of the Premises or other space leased by Tenant from time to time
hereunder that, on the date possession is to be delivered, is occupied by a tenant or other occupant or
that is subject to the rights of any other tenant or occupant, nor shall Landlord have any other
obligations to Tenant under this Lease with respect to such space until the date Landlord: (1)
recaptures such space from such existing tenant or occupant; and (2) regains the legal right to
possession thereof. This Lease shall not be affected by any such failure to deliver possession and
Tenant shall have no claim for damages against Landlord as a result thereof, all of which are hereby
waived and released by Tenant. If Landlord is prevented from delivering possession of the Premises
to Tenant due to the holding over in possession of the Premises by a tenant or other occupant thereof,
Landlord shall use reasonable efforts to regain possession of the Premises in ord er to deliver the same
to Tenant. If the Lease Term is to be determined pursuant to Section 1.F.(1) hereof, the
Commencement Date shall be postponed until the date Landlord delivers possession of the Premises
to Tenant, in which event the Termination Date shall, at the option of Landlord, correspondingly be
postponed on a per diem basis. If the Lease Term is to be determined pursuant to Section 1.F.(2), the
Commencement Date and Termination Date sh all be determined as provided in Section 3.A. above.
D. If Tenant takes possession of the Premises prior to the Commencement Date, such possession
shall be subject to all the terms and conditions of the Lease and Tenant shall pay Base Rent and
Additional Rent to Landlord for each day of occupancy prior to the Commencement Date.
Notwithstanding the foregoing, if Tenant, with Landlord’s prior approval, takes possession of the
Premises prior to the Commencement Date for the sole purpose of performing any Landlord-approved
improvements therein or installing furniture, equipment or other personal property of Tenant, such
possession sh all b e subj ect to all o f th e terms an d con d itions of the Lease, except th at Ten ant sh all n ot
be required to pay Rent with respect to the period of time prior to the Commencement Date during
which Tenant performs such work. Tenant shall, however, be liable for the cost of any services (e.g.
electricity, HVAC, freight elevators) that are provided to Tenant or the Premises during the period of
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Tenant’s possession prior to the Commencement Date. Nothing herein shall be construed as granting
Tenant the right to take possession of the Premises prior to the Commencement Date, whether for
construction, fixturing or any other purpose, without the prior consent of Landlord.
4. Use
. The Premises shall be us ed for the Permitted Use an d for no o ther purpo se. Tenant agrees not to
use or permit the u se of the Premises for any p urpose which is illega l, dan g erous to life, li mb or pr op erty or
which, in Landlord's sole judgement, creates a nuisance or which would increase the cost of insurance
coverage with respect to the Building. Tenant will conduct its business and control its agents, servants,
employees, customers, licensees, and invitees in such a manner as not to interfere with, annoy or disturb
other tenants or Landlord in the management of the Building and the Property. Tenant will maintain the
Premises in a clean and healthful condition, and comply with all laws, ordinances, orders, rules and
regulations of any governmental entity with reference to the use, condition, configuration or occupancy of
the Premises. Tenant, within ten (10) days after the receipt thereof, shall provide Landlord with copies of
any notices it receives with respect to a violation or alleged violation of any such laws, ordinances, orders,
rules and regulations. Tenant, at its expense, will comply with the rules and regulations of the Building
attached hereto as Exhibit B and such other rules and regulations adopted and altered by Landlord from
time-to-time and will cause all of its agents, employees, invitees and visitors to do so. All such changes to
rules and regulations will be reasonable and shall be sent by Landlord to Tenant in writing.
5. Base
Rent.
A. Tenant covenants and agrees to pay to Landlord during the Lease Term, without any setoff or
deduction except as otherwise expressly provided herein, the full amount of all Base Rent and
Additional Rent due hereunder and the full amount of all such other sums of money as shall become
due under this Lease (including, without limitation, any charges for replacement of electric lamps and
ballasts and any other services, goods or materials furnished by Landlord at Tenant’s request), all of
which hereinafter may be collectively called “Rent.” In addition Tenant shall pay and be liable for,
as Additional Rent, all rent, sales and use taxes or other similar taxes, if any, levied or imposed by
any city, state, county or other governmental body having authority, such payments to be in addition
to all other payments required to be paid to Landlord by Tenant under the terms and conditions of this
Lease. Any such payments shall be pa id concurrently with th e payments of the Ren t on which the tax
is based. The Base Rent and Additional Rent for each calendar year or portion thereof during the
Lease Term, shall be due and payable in advance in monthly installments of the first day of each
calendar month during the Lease Term and any extensions or renewals hereof, and Tenant hereby
agrees to pay such Base Rent and Additional Rent to Landlord without demand. If the Lease Term
commences on a day other than the first day of a month or terminates on a day other than the last day
of a month, then the installments of Base Rent and Additional Rent for such month or months shall be
prorated, based on the number of days in such month. No payment by Tenant or receipt or acceptance
by Landlord of a lesser amount than the correct installment of Rent due under this Lease shall be
deemed to be other than a payment on account of the earliest Rent due hereunder, nor shall any
endorsement or statement on any check or any letter accompanying any check or payment be deemed
an accord and satisfaction, and Landlord may accept such check or payment without prejudice to
Landlord's right to recover the balance or pursue any other available remedy. The acceptance by
Landlord of an installment of Rent on a date after the due date of such payment shall not be construed
to be a waiver of Landlord's right to declare a default for any other late payment. All amounts
received by Landlord from Tenant hereunder shall be applied first to the earliest accrued and unpaid
Rent then outstanding. Tenant’s covenant to pay Rent shall be independent of every other covenant
set forth in this Lease.
B. To the extent allowed by law, all installments of Rent not paid when due shall bear interest at the
Default Rate from the date due until paid. In addition, if Tenant fails to pay any installment of Base
Rent and Additional Rent or any other item of Rent when due and payable hereunder, a “Late
Charge” equal to five percent (5%) of such unpaid amount will be due and payable immediately by
Tenant to Landlord.
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C. The Additional Rent payable hereunder shall be adjusted from time-to-time in accordance with the
provisions of Exhibit C attached hereto and incorporated herein for all purposes.
6. Security
Deposit. The Security Deposit shall be held by Landlord without liability for interest and as
security for the performance by Tenant of Tenant's covenants and obligations under this Lease including
but not limited to those set forth in Section 10 hereof, it being expressly understood that the Security
Deposit shall no t be considered an advance payment of Rent or a measure o f Tenant's liability fo r damages
in case of default by Tenant. Landlord shall have no fiduciary responsibilities or trust obligations
whatsoever with regard to the Security Deposit and shall not assume the duties of a trustee for the Security
Deposit. Landlord may, from time-to-time, without prejudice to any other remedy and without waiving
such default, use the Security Deposit to the extent necessary to cure or attempt to cure, in whole or in part,
any default of Tenant hereunder. Following any such application of the Security Deposit, Tena nt shall pay
to Landlord on demand the amount so applied in order to restore the Security Deposit to its original
amount. If Tenant is not in default at the termination of this Lease, the balance of the Security Deposit
remaining after any such application shall be returned by Landlord to Tenant within sixty (60) days
thereafter. If Landlord transfers its interest in the Premises during the term of this Lease, Landlord may
assign the Security Deposit to the transferee and thereafter shall have no further liability for the return of
such Security Deposit. Tenant agrees to look solely to such transferee or assignee or successor thereof for
the return of the Security Deposit. Landlord and its successors and assigns shall not be bound by any actual
or attempted assignment or encumbrance of the Security Deposit by Tenant. Landlord shall not be required
to keep the Security Deposit separate from its other accounts.
7. Services
to be Furnished by Landlord.
A. Landlord agrees to furnish Tenant the following services:
(1) Water for use in the lav atories on the floor(s) o n wh ich the Premises is located. If Tenant
desires water in the Premises for any approved reason, including a private lavatory or
kitchen, cold water shall be supplied, at Tenant’s sole cost and expense, from the
Building water main through a line and fixtures installed at Tenant’s sole cost and
expense with the prior reasonable consent of Landlord. If Tenant desires hot water in the
Premises, Tenant, at its sole cost and expense and subject to the prior reasonable consent
of Landlord, may install a hot water heater in the Premises. Tenant shall be solely
responsible for the maintenance and repai r of any such wate r heater.
(2) Central heat and air conditioning in season during Normal Business Hours, at such
temperatures and in such amounts as are considered by Landlord, in its reasonable
judgment, to be standard for buildings of similar class, size, age and location, or as
required by governmental authority. In the event that Tenant requires central heat,
ventilation or air conditioning service at times other than Normal Business Hours, such
additional service shall be furnished only upon the written request of Tenant delivered to
Landlord prior to 3:00 p.m. at least one Business Day in advance of the date for which
such usage is requested. Tenant shall bear the entire cost of additional service as such
costs are determined by Landlord from time-to-time, as Additional Rent upon
presentation of a statement therefor by Landlord. All additional heating, ventilating and
air conditioning required (if any) to accommodate Tenant’s design shall be installed at
the Tenant’s expense subject to Landlord’s prior written approval. The cost of operation
and maintenance of the equipment shall be the responsibility of the Tenant and paid to
Landlord as Additional Rent.
(3) Maintenance and repair of all Common Areas in the manner and to the extent reasonably
deemed by Landlord to be standard for buildings of similar class, age and location.
(4) Janitorial and cleaning service in and about the Premises on Business Days; provided,
however, if Tenant's floor covering or other improvements require special treatment,
Tenant shall pay the additional clean ing cost attributab le thereto as Additional Rent upon
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presentation of a statement therefor by Landlord. Tenant shall not provide or use any
other janitorial or cleaning services without Landlord’s consent, and then only subject to
the supervision of Landlord and at Tenant’s sole cost and responsibility and by a janitor,
cleaning contractor or employees at all times satisfacto ry to Landlord.
(5) Electricity to the Premises for general office use, in accordance with and subject to the
terms and conditi ons of Sect io n 11 . of this Lease.
(6) Fluorescent bulb replacement in the Premises necessary to maintain building standard the
lighting as established by Landlord and fluorescent and incandescent bulb and ballast
replacement in the Common Areas and Service Areas.
(7) Passenger elevator service in common with Landlord and other persons during Normal
Business Hours and freight elevator service in common with the Landlord and other
persons during Normal Business Hours. Such normal elevator service, passenger or
freight, if furnished at other times, shall be optional with Landlord and shall never be
deemed a continuing obligation. Landlord, however, shall provide limited passenger
elevator service daily at all times when normal passenger elevator service is not provided.
(8) Access control to the Building during other than Normal Business Hours shall be
provided in such form as Landlord deems appropriate. Tenant shall cooperate fully in
Landlord's efforts to maintain access control to the Building and shall follow all
regulations promulgated by Landlord with respect thereto. Notwithstanding anything
herein to the contrary Tenant expressly acknowledges and agrees that Landlord is not
warranting the efficacy of any access personnel, service, procedures or equipment and
that Tenant is not relying and shall not hereafter rely on any such personnel service,
procedures or equipment. Landlord shall not be responsible or liable in any manner for
failure of any access personnel, services, procedures or equipment to prevent, control, or
apprehend anyone suspected of causing personal injury or damage in, on or around the
Project.
B. If Tenant requests any other utilities or building services in addition to those identified above, or
any of the above utilities or building services in frequency, scope, quality or quantities substantially
greater th an the standards set by Landlord for the Building , then Landlord shall use reasonab le efforts
to attempt to f urnish Tenant with such additional utilities or building services. Landlord may impose
a reasonable charge for such additional utilities or building services, which shall be paid monthly by
Tenant as Additional Rent on the same day that the monthly installment of Base Rent is due.
C. Except as otherwise expressly provided herein, the failure by Landlord to any extent to furnish, or
the interruption or termination of these defined services in whole or in part, resulting from adherence
to laws, regulations and administrative orders, wear, use, repairs, improvements alterations or any
causes beyond the reasonable control of Landlord shall not render Landlord liable in any respect nor
be construed as a constructive eviction of Tenant, nor give rise to an abatement of Rent, nor relieve
Tenant from the obligation to fulfill any covenant or agreement hereof. Should any of the equipment
or machinery used in the provision of such services for any cause cease to function properly,
Landlord shall use reasonable diligence to repair such eq uipment or machinery.
8. Leasehold Improvements/Tenant’s Property.
All fixtures, equipment, improvements and
appurtenances attached to, or built into, the Premises at the commencement of or during the Lease Term,
whether or not by, or at the expense of, Tenant (“Leasehold Improvements”), shall be and remain a part
of the Premises; shall be the property of Landlord; and shall not be removed by Tenant except as expressly
provided herein. All unattached and moveable partitions, trade fixtures, moveable equipment or furniture
located in the Premises and acquired by or for the account of Tenant, without expense to Landlord, which
can be removed without structural damage to the Building or Premises, and all personalty brought into the
Premises by Tenant (“Tenant’s Property”) shall be owned and insured by Tenant. Landlord may,
noneth eless, at any time prio r to, or with in on e (1) month after, the expiration o r earlier termination o f this
