THE COSTS OF OPERATION AND MAINTENANCE THEREOF SHALL BE
PAID BY TENANT TO LANDLORD AT COMMERCIALLY REASONABLE RATES DETERMINED BY
LANDLORD.
ANY AIR-CONDITIONING UNITS REQUIRED FOR TENANT'S COMPUTER SYSTEMS
SHALL BE DESCRIBED IN EXHIBIT D TO THE LEASE AND SHALL BE INSTALLED WITH ALL
CONNECTIONS NEEDED FOR OPERATION BY AND AT THE EXPENSE OF LANDLORD.
LANDLORD
AGREES THAT TENANT MAY OPERATE THE AIR-CONDITIONING UNITS REQUIRED FOR TENANT'S
COMPUTER SYSTEMS TWENTY-FOUR (24) HOURS PER DAY, SEVEN (7) DAYS PER WEEK, AND
TENANT MAY ONLY BE SUBJECT TO ADDITIONAL RENT FOR ELECTRICITY CHARGES PURSUANT
TO SECTION 9.4 (B) IF TENANT'S UNITS AND OPERATION CHANGE MATERIALLY FROM THE
DESCRIPTION IN EXHIBIT E.
THE COSTS OF MAINTENANCE OF SUCH UNITS SHALL BE PAID
BY TENANT USING CONTRACTORS REASONABLY APPROVED BY LANDLORD WHO ABIDE BY THE
RULES AND REGULATIONS FOR VENDORS AT THE BUILDING, INCLUDING, WITHOUT
LIMITATION, THE DELIVERY OF INSURANCE CERTIFICATES.
(B)
TENANT RECOGNIZES THAT, OUTSIDE OF NORMAL
BUSINESS HOURS, TENANT MAY REQUIRE OVERTIME HVAC SERVICES IN ORDER TO RENDER THE
DEMISED PREMISES COMFORTABLE AND TENANTABLE AND THAT TENANT SHALL HAVE NO CLAIM
AGAINST LANDLORD FOR THE CONDITION OF THE DEMISED PREMISES OUTSIDE OF NORMAL
BUSINESS HOURS, EXCEPT AS PROVIDED UNDER SECTION 9.1(A) ABOVE WITH RESPECT TO
TEMPERATURE CONDITIONS OUTSIDE OF NORMAL BUSINESS HOURS, AND EXCEPT THAT,
OVERTIME HVAC SERVICES CAN BE PROVIDED BY LANDLORD TO TENANT AT AN ADDITIONAL
COST AT THE STANDARD HOURLY RATE FOR SUCH SERVICES IN EFFECT AT SUCH TIME
("STANDARD RATE"), WHICH STANDARD RATE LANDLORD AND TENANT AGREE ON THE DATE OF
EXECUTION OF THIS LEASE IS $45.00 PER HOUR.
LANDLORD AGREES TO PROVIDE TENANT
UPON TENANT'S WRITTEN REQUEST THE AMOUNT OF THE STANDARD RATE THEN IN EFFECT.
THIS SECTION 9.1 (B) SHALL NOT APPLY TO THE OPERATION OF THE AIR CONDITIONING
UNITS REQUIRED FOR THE COMPUTER ROOM AS DESCRIBED IN SECTION 9.1 (A) ABOVE, AND
TENANT SHALL NOT BE SUBJECT TO ADDITIONAL
21
RENT FOR ELECTRICITY CHARGES PURSUANT TO SECTION 9.4 (B) UNLESS TENANT'S UNITS
AND OPERATION CHANGE MATERIALLY FROM THE DESCRIPTION IN EXHIBIT E.
9.2
CLEANING SERVICE.
Landlord shall provide Class A building standard cleaning services, more fully
described in Exhibit G attached hereto and made a party hereof by reference,
five (5) days a week, Monday through Friday, holidays excepted.
As used herein
holidays shall mean New Years Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving and Christmas and such other holidays as are generally recognized
by other similar class buildings in the Minnetonka, Minnesota area.
Tenant shall not provide any cleaning services without Landlord's consent and
then only at Tenant's sole responsibility and expense and by cleaning
contractors or employees and in a manner at all times satisfactory to Landlord.
Tenant shall pay to Landlord the cost of removal of any of Tenant's refuse and
rubbish to the extent that such refuse and rubbish removed by Landlord exceeds
the refuse and rubbish normally attendant upon the use of the Demised Premises
as offices.
9.3
ELEVATOR SERVICE.
Landlord shall furnish automatic elevator service at all