Common use of AIR CONDITIONING MAINTENANCE Clause in Contracts

AIR CONDITIONING MAINTENANCE. There are four (4) ten (10) ton roof air conditioning systems that serve the demised premises. The Tenant shall have the option to utilize these systems provided Landlord is notified by Tenant, not later than March 1st of each year, that said systems will be used. For the first five (5) years of this Lease, the Landlord shall, at no cost to Tenant, on a best efforts basis, maintain, service, repair, and replace parts as needed to keep these systems in good operating condition. In the event Tenant abuses or is negligent in the proper operation of the air conditioning system, then any and all expenses related to the repair of the air conditioning system(s) as a result of the abuse or negligent use shall be payable by Tenant to Landlord as additional rent. On the sixth anniversary of the Commencement Date of this Lease, Tenant shall have the option of either (a) paying to Landlord a base charge of six thousand dollars ($6,000.00) per annum for air conditioning maintenance adjusted annually by the same factor utilized in Addendum Section V Paragraph 4. Subparagraph (f) Cost of Living Adjustments or; (b) electing to retain an independent contractor to maintain the air conditioning system. Tenant shall notify Landlord of its intention at least thirty (30) days prior to the sixth anniversary date of the Lease. Tenant shall also submit to Landlord the name of the air conditioning maintenance contractor for Landlord's approval, which approval will not be unreasonably withheld. In addition, if Tenant elects to retain an independent contractor, Tenant will return the air conditioning system in its condition on the Commencement Date less normal wear and tear.

AIR CONDITIONING MAINTENANCE. The following provision replaces Addendum Section I, Paragraph 5. Air Conditioning Maintenance in its entirety. In order to reflect the actual as-built premises and the addition of Suite #74, Landlord and Tenant agree to the following: There are eight (8) five (5) ton roof (Suite #44) and one (1) four (4) ten ton ground mount (10Suite #74) ton roof air conditioning systems that serve the demised premises. The Tenant shall have the option to utilize these systems provided Landlord is notified by Tenant, not later than March 1st of each year, that said systems will be used. For the first five (5) years of this Lease, the Landlord shall, for Suite #44, at no cost to Tenant, on a best efforts basis, maintain, service, repair, and replace parts as needed to keep these systems in good operating condition. In the event Tenant abuses or is negligent in the proper operation of the air conditioning system, then any and all expenses related to the repair of the air conditioning system(s) as a result of the abuse or negligent use shall be payable by Tenant to Landlord as additional rent. On the sixth anniversary of the Commencement Date of this Lease, Tenant shall have the option of either (a) paying to Landlord a base charge of six thousand dollars ($6,000.00) per annum for air conditioning maintenance thereafter adjusted annually by the same factor utilized in Addendum Section V V, Paragraph 4. Subparagraph (f) Cost of Living Adjustments or; (b) electing to retain an independent contractor contractor, acceptable to Landlord, to maintain the air conditioning system. Tenant shall notify Landlord of its intention at least thirty (30) days prior to the sixth anniversary date of the Lease. Tenant shall also submit to Landlord the name of the air conditioning maintenance contractor for Landlord's approval, which approval will not be unreasonably withheld. In addition, if Tenant elects to retain an independent contractor, Tenant will return the air conditioning system system(s) to Landlord at the end of the lease term, in its original condition on the Commencement Date less normal wear and tear. In the event that Tenant elects to maintain the air conditioning system by using an independent contractor for two consecutive years, Landlord will have the option to refuse to thereafter provide maintenance for the air conditioning system. It is mutually agreed that the new air conditioning unit in Suite #74 shall be subject to the same conditions as pertain to the eight units in Suite #44 with the exception that the Tenant's maintenance payment obligation shall increase to six thousand seven hundred fifty dollars ($6,750.00) upon the seventh anniversary of the Commencement Date of the lease dated 23 March, 1995. All other terms and conditions under the lease of 23 March, 1995 apply.

AIR CONDITIONING MAINTENANCE. There are four (4) ten (10) ton roof air conditioning systems that serve Throughout the demised premises. The term of this lease Tenant shall have the option at its own cost fan expense (i) cause to utilize these systems provided Landlord is notified by Tenant, not later than March 1st of each year, that said systems will be used. For the first five (5) years of this Lease, the Landlord shall, at no cost to Tenant, on a best efforts basis, maintain, service, repair, and replace parts as needed to keep these systems in good operating condition. In the event Tenant abuses or is negligent in the proper operation performed all maintenance of the air conditioning system, then any equipment and facilities (hereinafter called the "A/C System"), if any, located in or servicing the demised premises, including all expenses related repairs and replacements thereto, and (ii) maintain in force and provide a copy of same to the 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 air conditioning system(sdemised premises for the conduct of Tenant's business. Any such contract shall expressly state (i) as a result of the abuse or negligent use that it shall be payable an automatically renewing contract terminable by Tenant to Landlord as additional rent. On the sixth anniversary of the Commencement Date of this Lease, Tenant shall have the option of either (a) paying to Landlord a base charge of six thousand dollars ($6,000.00) per annum for air conditioning maintenance adjusted annually by the same factor utilized in Addendum Section V Paragraph 4. Subparagraph (f) Cost of Living Adjustments or; (b) electing to retain an independent contractor to maintain the air conditioning system. Tenant shall notify Landlord of its intention at least no less than thirty (30) days prior written notice to the sixth anniversary date of Landlord, and (ii) that the Leasecontractor providing such service shall maintain a log at the demised premises detailing the service provided during each visit pursuant to such contract. Tenant shall also submit 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 name of entire A/C System in good working order and condition Tenant shall not make any changes or additionals to the air conditioning maintenance contractor for A/C System until Tenant shall have received Landlord's approvalwritten consent thereto. Should Tenant fail to obtain the contract required herein, which approval will not be unreasonably withheldLandlord may do so and charge the Tenant the monthly cost of same plus an administrative fee equal to fifteen percent (15%) 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. In addition, if Tenant elects to retain an independent contractorThereafter, Tenant will return the air conditioning system in shall pay such monthly charge with its condition on the Commencement Date less normal wear and tearmonthly fixed rental installment.

AIR CONDITIONING MAINTENANCE. There are four It is agreed by the Parties hereto that Lessor, at Lessor's sole cost and expense, shall maintain during the first six (46) ten (10) ton roof months following the Early Possession Date a regular full-service air conditioning systems maintenance contract with a qualified air conditioning contractor. Furthermore, it is agreed that serve Lessee shall, upon demand, reimburse Lessor for the demised premisescost of such maintenance contract following the above described six (6) month period. The Tenant maintenance contract shall have include the option 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 equipment which such contractor shall determine must be replaced from time to utilize these systems provided Landlord is notified by Tenant, not later than March 1st of each year, that said systems will be usedtime during the term hereof or any extension thereof to maintain such equipment in good operating condition and repair. For the first five (5) years Notwithstanding any contrary provision of this Lease, if at any time during the Landlord shallterm hereof, at no cost to Tenantany component of the heating, on a best efforts basis, maintain, service, repair, ventilating and replace parts as needed to keep these systems in good operating condition. In the event Tenant abuses or is negligent air conditioning equipment located in the proper operation Premises, which is the obligation of Lessee to reimburse for said maintenance, requires replacement in the air conditioning systemreasonable opinion of a contractor reasonably acceptable to Lessor and Lessee, then any the cost of which component shall be $750.00 or more ("Major Component"), Lessor and all expenses related Lessee shall share the cost which is applicable to the repair of the air conditioning system(s) as a result of the abuse or negligent use shall be payable by Tenant to Landlord as additional rent. On the sixth anniversary of the Commencement Date term of this Lease. For the purposes of the provision, Tenant the useful life of any such Major Component shall have be determined in accordance with: 1. Replacement of compressor 5 years 2. Replacement of Fire box 10 years For example: If the option compressor in HVAC Unit 3 is in need of either replacement and the cost to replace it, including labor, materials and tax, is $1,200.00 and the failure takes place in the twelfth (a12) paying to Landlord a base charge of six thousand dollars ($6,000.00) per annum for air conditioning maintenance adjusted annually by the same factor utilized in Addendum Section V Paragraph 4. Subparagraph (f) Cost of Living Adjustments or; (b) electing to retain an independent contractor to maintain the air conditioning system. Tenant shall notify Landlord of its intention at least thirty (30) days prior to the sixth anniversary date month of the Lease. Tenant shall also submit to Landlord , the name Lessee's portion of the air conditioning 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 contractor for Landlordthe initial six (6) months from lease execution; thereafter, Lessor shall xxxx Lessee for the cost of care and maintenance of such equipment at Lessor's approvalcost for such maintenance, which approval will not 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 unreasonably withheld. In additionreasonable and priced competitively within the local Heating, if Tenant elects to retain an independent contractorVentilating, Tenant will return the air conditioning system in its condition on the Commencement Date less normal wear and tearAir Conditioning trade.