Supplemental HVAC Units. Notwithstanding anything to the contrary contained in this Lease, at any time during the Lease Term, Tenant shall have the right but not the obligation to install, in accordance with, and subject to, the terms and conditions set forth in Article 8, below (or in accordance with the Work Letter if installed as part of the Improvements), in the Premises, at Tenant’s sole cost and expense, subject to the application of the Improvement Allowance, as applicable, one (1) or more “Supplemental HVAC Units” (defined below) in order to provide Tenant’s computer rooms, NOC, data center and/or other area(s) in the Premises with additional heating and cooling capacity. For purposes of clarification, Landlord shall only have a right to approve the manner and location in which Supplement HVAC Unit(s) are installed in the Premises (and Landlord shall not altogether disapprove of installation of Supplement HVAC Unit(s)). As used herein, the term “Supplemental HVAC Unit” shall mean a self-enclosed electric heating and cooling unit of the size and tonnage, and having the specifications, approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall have access to and use of a proportionate share of the Building’s distributed water (i.e., water not used in the operation of the Base Building) for such facilities and Tenant shall pay to Landlord an amount equal to the actual costs to supply such distributed water, including any increased depreciation of the Building Systems used to supply distributed water. At the end of the Lease Term, Tenant shall remove, at Tenant’s sole cost and expense, any Supplemental HVAC Unit and restore all portions of the Premises and the Building affected by such removal to their condition immediately prior to the installation of such equipment, ordinary wear and tear excepted.
Supplemental HVAC Units. As of the Commencement Date for the Additional Expansion Premises, Section 8.1 of the Lease is amended by adding the following section to the end thereof:
Supplemental HVAC Units. Tenant shall have the right, at Tenant’s sole cost and expense, to install up to four (4) supplemental heating, ventilation and air conditioning units (collectively, the “Supplemental Units”) in a location to be mutually and reasonably agreed upon by Landlord and Tenant. The Supplemental Units shall be separately metered to measure the amount of heating, ventilation and/or air conditioning used thereby. The installation of the Supplemental Units and meter(s) shall be performed in accordance with the terms of Article 8 below. Tenant agrees to pay to the local utility service provider all charges for heating, ventilation and/or air conditioning incurred by Tenant in connection with the use of the Supplemental Units, plus all applicable taxes. Tenant shall repair and maintain the Supplemental Units at Tenant’s sole cost. Upon Landlord’s request, Tenant shall remove such Supplemental Units by the expiration or earlier termination of this Lease and repair any damage to the Premises, the Building or the Real Property resulting therefrom.
Supplemental HVAC Units. Tenant, at Tenant's sole cost may install supplemental HVAC units to service the Premises either as a part of the Tenant Improvements or subsequent alterations, subject, however, to compliance with all applicable provisions of this Lease (including, without limitation, the Work Letter as to Tenant Improvements and Lease Section 10 as to subsequent alterations, and including, without limitation, provisions thereof requiring the prior consent of Landlord as to the applicable Tenant Improvements or alterations proposed), and provided that Tenant shall cause such supplemental HVAC service to be separately metered for utility usage, at Tenant's sole cost, and Tenant shall be solely responsible for the costs of utilities for such supplemental HVAC service.
Supplemental HVAC Units. Tenant hereby acknowledges that as of the date hereof, there is an existing supplemental HVAC system that exclusively serves all or a portion of the Premises (collectively, the “Existing Supplemental Units”). Landlord has made no representations or warranties with respect to the Existing Supplemental Units and Tenant hereby agrees to accept the same in their “as-is” condition on the Lease Commencement Date. Tenant hereby agrees that Landlord shall have no obligation to maintain, repair or replace the Existing Supplemental Units during the Lease Term. Tenant shall surrender the Existing Supplemental Units to Landlord with the Premises upon the expiration or earlier termination of this Lease, and Tenant shall thereafter have no further rights with respect thereto. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repair, replacement, and removal (subject to the foregoing terms of this Section 6.4), of the Existing Supplemental Units in order to keep the same in good working order and condition, reasonable wear and tear excepted; provided, however, that nothing contained herein shall obligate Tenant to make any capital repairs to, or replacements of, the Existing Supplemental Units which capital repairs and/or replacements shall be at Tenant’s sole and absolute discretion. In no event shall the Existing Supplemental Units be permitted to interfere with Landlord’s operation of the Building.
Supplemental HVAC Units. The HVAC service referenced in Section 8.1.1 is separate and apart from any HVAC service which Tenant obtains through any supplemental HVAC unit or units now or hereafter contained within the Premises, for which Tenant shall be billed for all electricity usage pursuant to Section 8.8 below, and which supplemental unit or units shall be Tenant's sole obligation to maintain, repair or replace. Without limiting the generality of the foregoing, during the Term Tenant shall maintain in force a maintenance contract with a reputable HVAC service contractor approved by Landlord (which approval shall not be unreasonably withheld or delayed) providing for quarterly inspection and maintenance of all supplemental HVAC units within the Premises, and Tenant shall furnish to Landlord a copy of said contract from time to time upon Landlord's request.
Supplemental HVAC Units. A. Tenant, as part of the Initial Alterations, shall install one or more (as required pursuant to Section IX.D. or other provisions of this Lease) air-cooled stand alone package heating, ventilation and air conditioning system in the Premises (the 61 "Package Unit(s)"). Alternatively, or in addition to the foregoing, Tenant may utilize any existing supplemental HVAC units currently located in the Premises, although Landlord makes no representation or warranty as to the condition of any such existing units and Tenant acknowledges that such units are being made available in their "as is" condition and Tenant will be using any such existing units solely at its own risk. The Package Unit(s) installed by Tenant and any existing supplemental HVAC units utilized by Tenant collectively are called the "Supplemental HVAC Units". The type and design of any Package Units to be installed by or on behalf of Tenant shall be subject to the prior approval of Landlord. Also, the location of the Supplemental HVAC Units within the Premises, the manner in which the Supplemental HVAC Units will be vented, and the manner in which the Supplemental HVAC Units will access outside air shall also be subject to Landlord's prior approval.
Supplemental HVAC Units. The HVAC service referenced in Section 8.1.1 is separate and apart from any HVAC service which Tenant obtains through any supplemental HVAC unit or units now or hereafter contained within the Premises, for which Tenant shall be billed for all electricity usage pursuant to Section 8.8 below, and which supplemental unit or units shall be Tenant’s sole obligation to maintain, repair or replace. Without limiting the generality of the foregoing, during the Term Tenant shall maintain in force a maintenance contract with a reputable HVAC service contractor approved by Landlord (which approval shall not be unreasonably withheld or delayed) providing for quarterly inspection and maintenance of all supplemental HVAC units within the Premises, and Tenant shall furnish to Landlord a copy of said contract from time to time upon Landlord’s request. During the Term, Tenant shall pay to Landlord each month, within thirty (30) days after billing, for Tenant’s usage (as reasonably determined by Landlord) of condensor water provided to Tenant’s supplemental HVAC units in the Premises, at Landlord’s then standard rates. At Landlord’s election, the condensor water provided to the supplemental HVAC unit or units within the Premises may be separately metered by Landlord at Tenant’s expense, in which event Landlord shall xxxx to Tenant for the condensor water consumption reflected on such meter.
Supplemental HVAC Units. Tenant shall be entitled to install, as an initial Tenant Improvement, dedicated heating, ventilation and air conditioning units (“Supplemental Units”) within the Premises at Tenant’s sole cost and expense. The plans and specifications for any Supplemental Units shall, as indicated in the Tenant Work Letter, be subject to Landlord’s approval, such approval not to be unreasonably withheld, conditioned, or delayed. If Tenant elects to install Supplemental Units within the Premises, Tenant shall also install, at Tenant’s sole cost and expense, submeters, in order to measure the amount of electricity furnished to such units and Tenant shall be responsible for Landlord’s actual cost of supplying electricity to such units as reflected by such submeters, which amounts shall be payable on a monthly basis as Additional Rent. Tenant shall be solely responsible for maintenance and repair of the Supplemental Units and such units shall, at Landlord’s option, be considered to be a fixture within the Premises and shall remain upon the Premises upon the expiration or earlier termination of the Lease Term or any applicable Option Term.
Supplemental HVAC Units. Tenant may, upon written consent from Landlord, install supplemental HVAC units (the “Supplemental HVAC Units”) outside the Premises in a location selected by Landlord in Landlord’s sole discretion; provided, however, Landlord agrees that the location selected by Landlord will be within the area set forth in Exhibit A attached hereto. In the event Tenant installs the Supplemental HVAC Units, Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, repairing, maintaining and replacing such Supplemental HVAC Units. Tenant shall also be required to remove the Supplemental HVAC Units upon the expiration of the Term and for restoring the area where the Supplemental HVAC Units were installed to the area’s pre-existing condition.
