Common use of Air Conditioning and Ventilation Clause in Contracts

Air Conditioning and Ventilation. As long as Tenant -------------------------------- is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day during the months of May, June, July, August, September and October when required for the comfortable occupancy of the Demised Premises; and (ii) mechanical ventilation through the Building air conditioning system twenty-four (24) hours per day throughout the year, except when conditioned air or heat is being furnished. Notwithstanding the foregoing provisions of this Section, Owner shall not be responsible if the normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the Demised Premises (a) which, by reason of any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, shall have an electrical load in excess of four (4) xxxxx per square foot of usable area for all purposes (including lighting and power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall cooperate fully with Owner at all times and abide by all regulations and requirements which Owner may reasonably prescribe for the proper functioning and protection of the air conditioning and ventilating system. Tenant agrees that if its violation or breach of any of the foregoing provisions of this Section, shall adversely affect the operation of the Building's heating, ventilation and air conditioning system, no such adverse affects shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. The Building heating, ventilating and air conditioning system unit serving the floor of the Building on which the Demised Premises are located shall contain the following specifications: (1) said unit shall be a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on spring isolators.

Air Conditioning and Ventilation. As long as Tenant -------------------------------- is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day on business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. during the months of May, June, July, August, September and October when required for the comfortable occupancy of the Demised Premises; and (ii) mechanical ventilation through the Building air conditioning system twenty-four (24) hours per day on business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. throughout the year, except when conditioned air or heat is being furnished. Notwithstanding the foregoing provisions of this Section, Owner shall not be responsible if the normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the Demised Premises (a) which, by reason of any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, shall have an electrical load in excess of four (4) xxxxx per square foot of usable area for all purposes (including lighting and power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall cooperate fully with Owner at all times and abide by all regulations and requirements which Owner may reasonably prescribe for the proper functioning and protection of the air conditioning and ventilating system. Tenant agrees that if its In addition to any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, shall adversely affect the operation of the Building's Owner may discontinue heating, ventilation and air conditioning systemand ventilating service during the period of such violation or breach, no and such adverse affects discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance annoynace to Tenant, or injury to inuury ot or interruption of Tenant's business, or otherwise. The Building heating, ventilating and air conditioning system unit serving the floor of the Building on which the Demised Premises are located shall contain the following specifications: (1) said unit shall be a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on spring isolators.

Air Conditioning and Ventilation. As long as Tenant -------------------------------- is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day during the months of May, June, July, August, September and October when required for the comfortable occupancy of the Demised Premises; and (ii) mechanical ventilation through the Building air conditioning system twenty-four (24) hours per day throughout the year, except when conditioned air or heat is being furnished. Notwithstanding the foregoing provisions of this Section, Owner shall not be responsible if the normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the Demised Premises (a) which, by reason of any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, shall have an electrical load in excess of four (4) xxxxx per wattx xxx square foot of usable area for all purposes (including lighting and power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall cooperate fully with Owner at all times and abide by all regulations and requirements which Owner may reasonably prescribe for the proper functioning and protection of the air conditioning and ventilating system. Tenant agrees that if its In addition to any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, shall adversely affect the operation of the Building's Owner may discontinue heating, ventilation and air conditioning systemand ventilating service during the period of such violation or breach, no and such adverse affects discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. The Building heating, ventilating and air conditioning system unit serving the floor of the Building on which the Demised Premises are located shall contain the following specifications: (1) said unit shall be a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on spring isolators.

Air Conditioning and Ventilation. As long as Tenant -------------------------------- is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performedis in full force and effect, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day during the months of Mayon business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M., June, July, August, September and October when required for the comfortable occupancy of the Demised PremisesPremises during the months of April, May, June, July, August, September, October and the period from November 1st to November 15th; and (ii) mechanical ventilation through the Building air conditioning system twenty-four (24) hours per day throughout the year, except when conditioned air or heat is being furnished, mechanical ventilation only through the Building air conditioning system on business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. throughout the year. Notwithstanding the foregoing provisions of this Section, Owner shall not be responsible if the normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the Demised Premises (a) which, by reason of any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, shall have an electrical load in excess of four (4) xxxxx per square foot of usable area for all purposes (including lighting and power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall cooperate fully with Owner at all times and abide by all regulations and requirements which Owner may reasonably prescribe for the proper functioning and protection of the air conditioning conditioning, ventilation and ventilating systemheating systems. Tenant agrees that if its In addition to any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, shall adversely affect the operation of the Building's Owner may discontinue heating, ventilation and air conditioning systemand ventilation service during the period of such violation or breach, no and such adverse affects discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. The Building heating, ventilating and air conditioning system unit serving the floor of the Building on which the Demised Premises are located shall contain the following specifications: (1) said unit shall be a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on spring isolators.

Air Conditioning and Ventilation. As long as Tenant -------------------------------- is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, Owner, at Owner's ’s expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day during the months of Mayon business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M., June, July, August, September and October when required for the comfortable occupancy of the Demised PremisesPremises during the months of April, May, June, July, August, September, October and the period from November 1st to November 15th; and (ii) mechanical ventilation through the Building air conditioning system twenty-four (24) hours per day throughout the year, except when conditioned air or heat is being furnished, mechanical ventilation only through the Building air conditioning system on business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. throughout the year. Notwithstanding the foregoing provisions of this Section, Owner shall not be responsible if the normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the Demised Premises (a) which, by reason of any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, shall have an electrical load in excess of four (4) xxxxx per square foot of usable area for all purposes (including lighting and power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall cooperate fully with Owner at all times and abide by all reasonable regulations and requirements which Owner may reasonably prescribe for the proper functioning and protection of the air conditioning and ventilating system. Tenant agrees that if its violation or breach of any of the foregoing provisions of this Section, shall adversely affect the operation of the Building's heatingconditioning, ventilation and heating systems. Tenant may be provided with conditioned air conditioning system, no such adverse affects shall constitute on an actual or constructive eviction, overtime basis as set forth in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. The Building heating, ventilating and air conditioning system unit serving the floor of the Building on which the Demised Premises are located shall contain the following specifications: (1) said unit shall be a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on spring isolatorsSection 29.07.

Air Conditioning and Ventilation. As long To provide to the Premises during hours to be determined by the Landlord (but to be at least the hours from 7:30 a.m. to 7:00 p.m. from Monday to Friday inclusive with the exception of public holidays) processed air in such quantities, at such temperatures and of such humidity as Tenant -------------------------------- is not shall maintain in default under any the Premises conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the terms, covenants or conditions date of this Lease on Tenant's part applicable to be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day during the months of May, June, July, August, September and October when required for the comfortable normal occupancy of premises for office purposes and consistent with the Demised Premises; and (ii) mechanical ventilation through general standards of first- class office buildings in the Building air conditioning system twenty-four (24) hours per day throughout the year, except when conditioned air or heat is being furnished. Notwithstanding the foregoing provisions of this Section, Owner shall not be responsible if the normal operation vicinity of the Building air conditioning system in the City of Mississauga, but the Landlord shall fail to provide conditioned air at reasonable temperatures, pressures or degrees have no responsibility for ny inadequacy of humidity or in reasonable volumes or velocities in any portions performance of the Demised said system if the Premises (a) whichGepart from the design criteria for such system, by reason of namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, purposes shall have an electrical load in excess of four (4) not exceed 3.5 xxxxx per square foot of usable floor area for all purposes (including lighting and power), or which that the Tenant shall not have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning installed partitions or other Alterations made or performed by or on behalf installations in locations which interfere with the proper operation of Tenant or any person claiming through or under Tenantthe said system. Whenever If the use of the Premises does not accord with the said air conditioning system is in operation, Tenant agrees to cause all the windows design criteria and changes in the Demised Premises systems are feasible and desirable to be kept closed and to cause accommodate such use the venetian blinds in Landlord may, upon the Demised Premises to be kept closed if necessary because written request of the position Tenant, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the suncost thereof representing Landlord's overhead, shall be paid to the Landlord as Additional Rent on demand. Tenant agrees to cause all Upon reasonable notice the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant Landlord shall cooperate fully with Owner at all times and abide by all regulations and requirements which Owner may reasonably prescribe for the proper functioning and protection of the provide as an Additional Service air conditioning and ventilating system. Tenant agrees that if its violation or breach of any ventilation to the Premises at the request of the foregoing provisions of Tenant during hours which it is not otherwise obliged to provide such services under this Section, shall adversely affect the operation of the Building's heating, ventilation and air conditioning system, no such adverse affects shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. The Building heating, ventilating and air conditioning system unit serving the floor of the Building on which the Demised Premises are located shall contain the following specifications: (1) said unit shall be a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on spring isolators.

Air Conditioning and Ventilation. As long as Tenant -------------------------------- is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day on business days from 8:00 A.M. to 7:00 P.M. during the months of May, June, July, August, September and October when required for the comfortable occupancy of the Demised Premises; and (ii) mechanical ventilation through the Building air conditioning system twenty-four (24) hours per day throughout the yearon business days from 8:00 A.M. to 7:00 P.M., except when conditioned air or heat is being furnished, to the extent required pursuant to law. Notwithstanding the foregoing provisions of this Section, Owner shall not be responsible if the normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the Demised Premises (a) which, by reason of any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, shall have an electrical load in excess of four (4) xxxxx per square foot of usable area for all purposes (including lighting and power), or which shall have a human occupancy factor in excess of one person per 100 one hundred seventy-five (175) square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian Venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall cooperate fully with Owner at all times and abide by all regulations and requirements which Owner may reasonably prescribe for the proper functioning and protection of the air conditioning and ventilating system. Tenant agrees that if its In addition to any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, shall adversely affect the operation of the Building's Owner may discontinue heating, ventilation and air conditioning systemand/or, no if Owner so provides same, ventilating service, during the period of such adverse affects violation or breach, and such discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. The Building heating, ventilating and air conditioning system unit serving the floor of the Building on which the Demised Premises are located shall contain the following specifications: (1) said unit shall be a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on spring isolators.

Air Conditioning and Ventilation. As long as Tenant -------------------------------- is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day on business days from 8:00 A.M. to 7:00 P.M. during the months of May, June, July, August, September and October when required for the comfortable occupancy of the Demised Premises; and (ii) mechanical ventilation through the Building air conditioning system twenty-four (24) hours per day throughout the yearon business days from 8:00 A.M. to 7:00 P.M., except when conditioned air or heat is being furnished, to the extent required pursuant to law. Notwithstanding the foregoing provisions of this Section, Owner shall not be responsible if the normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the Demised Premises (a) which, by reason of any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, shall have an electrical load in excess of four (4) xxxxx watts per square foot of usable area for all purposes (including lighting and lightixx xxd power), or which shall have a human occupancy factor in excess of one person per 100 one hundred seventy-five (175) square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian Venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall cooperate fully with Owner at all times and abide by all regulations and requirements which Owner may reasonably prescribe for the proper functioning and protection of the air conditioning and ventilating system. Tenant agrees that if its In addition to any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, shall adversely affect the operation of the Building's Owner may discontinue heating, ventilation and air conditioning systemand/or, no if Owner so provides same, ventilating service, during the period of such adverse affects violation or breach, and such discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. The Building heating, ventilating and air conditioning system unit serving the floor of the Building on which the Demised Premises are located shall contain the following specifications: (1) said unit shall be a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on spring isolators.

Air Conditioning and Ventilation. As long as Tenant -------------------------------- is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day on business days and on Saturdays from 8:00 A.M. to 6:00 P.M. during the months of May, June, July, August, September and October when required for the comfortable occupancy of the Demised Premises; : and (ii) mechanical ventilation through the Building air conditioning system twenty-four (24) hours per day on business days and on Saturdays from 8:00 A.M. to 6:00 P.M. throughout the year, except when conditioned air or heat is being furnished. Notwithstanding the foregoing provisions of this Section, Owner shall not be responsible if the normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the Demised Premises (a) which, by reason of any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, shall have an electrical load in excess of four (4) xxxxx per wattx xxx square foot of usable area for all purposes (including lighting and powerpower excluding the Building heating, ventilation and air conditioning system), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian Venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall cooperate fully with Owner at all times and abide by all regulations and requirements which Owner may reasonably prescribe for the proper functioning and protection of the air conditioning and ventilating system. Tenant agrees that if its In addition to any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, shall adversely affect the operation of the Building's Owner may discontinue heating, ventilation and air conditioning systemand ventilating service during the period such violation or breach, no and such adverse affects discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. The Building heating, ventilating and air conditioning system unit serving the floor of the Building on which the Demised Premises are located shall contain the following specifications: (1) said unit shall be a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on spring isolators.