Common use of AIR CONDITIONING MAINTENANCE Clause in Contracts

AIR CONDITIONING MAINTENANCE. It is agreed that the demised premises is served by four (4) split unit air conditioners designated as TRANE 1, 2, and 3, and LUXAIR 1 and as noted below. Landlord shall provide air conditioning and air conditioning maintenance services at a cost to Tenant of twelve thousand dollars ($12,000.00) per year payable each month. (a) that Tenants work hours shall be deemed to be 8:00 A.M. to 12:00 midnight Monday through Friday and 8:00 A.M. to 5:00 P.M. on Saturday and Sunday; (b) for the purposes of this provision, the air conditioning season shall be from May 15th to September 15th annually. (c) that Landlord shall be permitted, upon one week's notice to perform required regularly scheduled service on weekends which may interfere with Tenant's operations. Landlord's interruption of Tenant's operations will be held to an absolute minimum and scheduled early in the morning whenever practical; (d) that it shall be fully recognized and understood that a portion of the demised premises designated as Suite 3A, because it lacks a drop ceiling is more sensitive to heat build-up, and therefore the differential between outside ambient conditions and internal temperatures may be less than the adjoining areas. (e) that Landlord warrants and represents that it shall make every reasonable effort to provide Tenant with air conditioning maintenance services. In consideration thereof, Tenant shall have no recourse against Landlord, other than for gross negligence, for periods when service is not available other than for the specific dollar amount stipulated below for extra hours of service. In order for Landlord to be compensated for maintenance exposure and other liability incurred due to air conditioning usage in excess of the work hours stipulated above, Landlord reserves the right to reopen negotiations on the issue of air conditioning maintenance charges if hours of operation exceed those outlined herein. If air conditioning usage decreases to levels below those hours outlined herein, the air conditioning maintenance charge will be reduced on a prorata basis but in no event will the air conditioning maintenance charge be less than $9,500.00 per year. The air conditioning maintenance charge will be adjusted annually to account for C.O.L. adjustments. It is further agreed, that these rates shall increase 6 1/2% annually, commencing on the first anniversary of this Lease. Excess usage charges shall be deemed additional rent and subject to all provisions pertaining thereto. Further, it is agreed that Landlord has supplied five (5) "window type (under 15,000 BTU)" air conditioning units for offices, and ONE (1) "through the (wall over 15,000 BTU)" air conditioning unit for the computer room, at its expense except as may otherwise be set forth herein. Landlord herewith agrees to use its best efforts to maintain said units during the lease term at no cost to the Tenant. Tenant warrants to restrict air conditioner use to hours of occupancy. Landlord shall inventory a compressor and spare parts relative to exercising best efforts to reduce time required to repair and/or replace air conditioner unit parts. Landlord further warrants that it will provide air conditioning to the demised premises at levels consistent with those established by applicable governmental regulations. At the time of execution of this Lease, the amounts of arrears owed to the Landlord from September 1, 1992 shall be computed and paid to the Landlord, in addition to all other obligations, over a period of twelve (12) months in equal monthly installments.

AIR CONDITIONING MAINTENANCE. It is agreed that Throughout the term of this lease Tenant shall at its own cost fan expense (i) cause to be performed all maintenance of the air conditioning system, equipment and facilities (hereinafter called the "A/C System"), if any, located in or servicing the demised premises, including all repairs and replacements thereto, and (ii) maintain in force and provide a copy of same to Landlord an air conditioning service repair and full service maintenance contract in form satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Landlord thirty (30) days after Tenant takes possession of the demised premises is served by four (4) split unit air conditioners designated as TRANE 1, 2, and 3, and LUXAIR 1 and as noted below. Landlord shall provide air conditioning and air conditioning maintenance services at a cost to Tenant of twelve thousand dollars ($12,000.00) per year payable each month. (a) that Tenants work hours shall be deemed to be 8:00 A.M. to 12:00 midnight Monday through Friday and 8:00 A.M. to 5:00 P.M. on Saturday and Sunday; (b) for the purposes of this provision, the air conditioning season shall be from May 15th to September 15th annually. (c) that Landlord shall be permitted, upon one week's notice to perform required regularly scheduled service on weekends which may interfere with Tenant's operations. Landlord's interruption conduct of Tenant's operations will be held to an absolute minimum and scheduled early in the morning whenever practical; business. Any such contract shall expressly state (di) that it shall be fully recognized and understood that a portion of the demised premises designated as Suite 3A, because it lacks a drop ceiling is more sensitive to heat build-up, and therefore the differential between outside ambient conditions and internal temperatures may be an automatically renewing contract terminable by no less than the adjoining areas. thirty (e30) that Landlord warrants and represents that it shall make every reasonable effort to provide Tenant with air conditioning maintenance services. In consideration thereof, Tenant shall have no recourse against Landlord, other than for gross negligence, for periods when service is not available other than for the specific dollar amount stipulated below for extra hours of service. In order for Landlord to be compensated for maintenance exposure and other liability incurred due to air conditioning usage in excess of the work hours stipulated above, Landlord reserves the right to reopen negotiations on the issue of air conditioning maintenance charges if hours of operation exceed those outlined herein. If air conditioning usage decreases to levels below those hours outlined herein, the air conditioning maintenance charge will be reduced on a prorata basis but in no event will the air conditioning maintenance charge be less than $9,500.00 per year. The air conditioning maintenance charge will be adjusted annually to account for C.O.L. adjustments. It is further agreed, that these rates shall increase 6 1/2% annually, commencing on the first anniversary of this Lease. Excess usage charges shall be deemed additional rent and subject to all provisions pertaining thereto. Further, it is agreed that Landlord has supplied five (5) "window type (under 15,000 BTU)" air conditioning units for offices, and ONE (1) "through the (wall over 15,000 BTU)" air conditioning unit for the computer room, at its expense except as may otherwise be set forth herein. Landlord herewith agrees to use its best efforts to maintain said units during the lease term at no cost to the Tenant. Tenant warrants to restrict air conditioner use to hours of occupancy. Landlord shall inventory a compressor and spare parts relative to exercising best efforts to reduce time required to repair and/or replace air conditioner unit parts. Landlord further warrants that it will provide air conditioning to the demised premises at levels consistent with those established by applicable governmental regulations. At the time of execution of this Lease, the amounts of arrears owed to the Landlord from September 1, 1992 shall be computed and paid days prior written notice to the Landlord, and (ii) that the contractor providing such service shall maintain a log at the demised premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the demised premises and permit Landlord to review same promptly after Landlord's request. The entire A/C System is and shall at all times remain the property of Landlord, and at the expiration or sooner termination of this lease Tenant shall surrender to Landlord the entire A/C System in addition good working order and condition Tenant shall not make any changes or additionals to all other obligationsthe A/C System until Tenant shall have received Landlord's written consent thereto. Should Tenant fail to obtain the contract required herein, over a period Landlord may do so and charge the Tenant the monthly cost of twelve same plus an administrative fee equal to fifteen percent (1215%) months in equal of such cost, as additional rent hereunder, and Tenant shall pay the first installment of same by no later than the sooner to occur of (a) the tenth (10th) day after Landlord bills Tenant for such charge, or (b) the date Tenant's next installment of fixed rent is due. Thereafter, Tenant shall pay such monthly installmentscharge with its monthly fixed rental installment.

AIR CONDITIONING MAINTENANCE. It is agreed by the Parties hereto that Lessor, at Lessor's sole cost and expense, shall maintain during the demised premises is served by four first six (46) split unit air conditioners designated as TRANE 1, 2, and 3, and LUXAIR 1 and as noted below. Landlord shall provide air conditioning and months following the Early Possession Date a regular full-service air conditioning maintenance services at contract with a cost to Tenant of twelve thousand dollars ($12,000.00) per year payable each month. (a) that Tenants work hours shall be deemed to be 8:00 A.M. to 12:00 midnight Monday through Friday and 8:00 A.M. to 5:00 P.M. on Saturday and Sunday; (b) for the purposes of this provision, the qualified air conditioning season shall be from May 15th to September 15th annually. (c) that Landlord shall be permitted, upon one week's notice to perform required regularly scheduled service on weekends which may interfere with Tenant's operationscontractor. Landlord's interruption of Tenant's operations will be held to an absolute minimum and scheduled early in the morning whenever practical; (d) that it shall be fully recognized and understood that a portion of the demised premises designated as Suite 3A, because it lacks a drop ceiling is more sensitive to heat build-up, and therefore the differential between outside ambient conditions and internal temperatures may be less than the adjoining areas. (e) that Landlord warrants and represents that it shall make every reasonable effort to provide Tenant with air conditioning maintenance services. In consideration thereof, Tenant shall have no recourse against Landlord, other than for gross negligence, for periods when service is not available other than for the specific dollar amount stipulated below for extra hours of service. In order for Landlord to be compensated for maintenance exposure and other liability incurred due to air conditioning usage in excess of the work hours stipulated above, Landlord reserves the right to reopen negotiations on the issue of air conditioning maintenance charges if hours of operation exceed those outlined herein. If air conditioning usage decreases to levels below those hours outlined herein, the air conditioning maintenance charge will be reduced on a prorata basis but in no event will the air conditioning maintenance charge be less than $9,500.00 per year. The air conditioning maintenance charge will be adjusted annually to account for C.O.L. adjustments. It is further agreed, that these rates shall increase 6 1/2% annually, commencing on the first anniversary of this Lease. Excess usage charges shall be deemed additional rent and subject to all provisions pertaining thereto. FurtherFurthermore, it is agreed that Landlord has supplied five Lessee shall, upon demand, reimburse Lessor for the cost of such maintenance contract following the above described six (56) "window type (under 15,000 BTU)" month period. The maintenance contract shall include the changing of filters at the intervals recommended by the equipment manufacturer or maintenance contractor, and the other regular maintenance recommended in the service manual written by the original equipment manufacturer. It is expressly understood and agreed by and between the Parties hereto that the maintenance obligations include the replacement of any components of such heating and air conditioning units for offices, and ONE (1) "through equipment which such contractor shall determine must be replaced from time to time during the (wall over 15,000 BTU)" air conditioning unit for the computer room, at its expense except as may otherwise be set forth herein. Landlord herewith agrees to use its best efforts term hereof or any extension thereof to maintain said units during the lease term at no cost to the Tenantsuch equipment in good operating condition and repair. Tenant warrants to restrict air conditioner use to hours of occupancy. Landlord shall inventory a compressor and spare parts relative to exercising best efforts to reduce time required to repair and/or replace air conditioner unit parts. Landlord further warrants that it will provide air conditioning to the demised premises at levels consistent with those established by applicable governmental regulations. At the time of execution Notwithstanding any contrary provision of this Lease, if at any time during the amounts term hereof, any component of arrears owed the heating, ventilating and air conditioning equipment located in the Premises, which is the obligation of Lessee to reimburse for said maintenance, requires replacement in the reasonable opinion of a contractor reasonably acceptable to Lessor and Lessee, the cost of which component shall be $750.00 or more ("Major Component"), Lessor and Lessee shall share the cost which is applicable to the Landlord from September 1term of this Lease. For the purposes of the provision, 1992 the useful life of any such Major Component shall be computed determined in accordance with: 1. Replacement of compressor 5 years 2. Replacement of Fire box 10 years For example: If the compressor in HVAC Unit 3 is in need of replacement and paid the cost to replace it, including labor, materials and tax, is $1,200.00 and the Landlord, failure takes place in addition to all other obligations, over a period of twelve the twelfth (12) month of the Lease, the Lessee's portion of the cost would be figured in this manner: since the balance of the term of the Lease would be approximately 56 months* and the life of the compressor would be 60 months, the amount of Lessee's cost would be 56/60 x $1,200.00 = $1,120.00 *ORIGINAL LEASE TERM IS FOR FIVE (5) YEARS AND SIX (6) MONTHS OR 66 MONTHS If both the compressor and the fire box in any single unit need replacement at the same time, this event shall constitute the complete failure of that unit, and the unit will be replaced by a similar, serviceable unit at Lessor's sole cost. Lessor shall warrant the replacement unit for ninety (90) days in the event the replacement unit is a reconditioned unit; if the replacement unit is new, the warranty will be for one (1) year. Lessor shall be financially responsible for such care and maintenance for the initial six (6) months in equal monthly installmentsfrom lease execution; thereafter, Lessor shall xxxx Lessee for the cost of care and maintenance of such equipment at Lessor's cost for such maintenance, and Lessee shall pay to Lessor the amounts so billed as additional rent hereunder as and when due The amounts billed to Lessee shall be reasonable and priced competitively within the local Heating, Ventilating, and Air Conditioning trade.