Common use of Air Conditioning Clause in Contracts

Air Conditioning. 35.01 Landlord shall make available to Tenant, and Tenant shall be permitted to use, the base Building equipment presently supplying air-conditioning service to the Premises and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Landlord represents that as of the date hereof the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for all electricity consumed in the operation of the HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s prior written consent, except that Tenant may remove the Existing Supplemental System in conjunction with Tenant’s installation of a five (5) ton replacement unit as contemplated hereinabove.

Air Conditioning. 35.01 Subject to the provisions of this Article and all other applicable provisions of this Lease, Landlord shall make available to Tenant, and Tenant shall be permitted to use, the base Building equipment presently supplying supply air-conditioning service to the Premises and any replacements thereof through the Building’s central air-conditioning facilities (the “Existing Building HVAC EquipmentSystem”) during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m. (ip.m.) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Landlord represents that as of the date hereof the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees FahrenheitLease. Landlord shall repair and maintain perform such work as is necessary, if any, in order to place the Existing Building HVAC Equipment System in good working order and condition, at (“Landlord’s cost and expense; provided, however, that all other Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All air conditioning systems, equipment and facilities hereafter (other than the Building HVAC System) located in or servicing the Premises (the “Supplemental Systems”) Premises, including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing Building HVAC Equipment and/or the System and any Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), defined) shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for Tenant’s proportionate share of all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises. If supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. Tenant further agrees that Landlord shall pay for all parts and supplies necessary for the proper have no responsibility or liability to Tenant if operation of the Building HVAC System (other than the Existing HVAC Equipment) (and any restoration is prevented by strikes or replacement by Tenant of all accidents or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC Systemcause beyond Landlord’s reasonable control, or by the orders or regulations of any part thereoffederal, without Landlord’s prior written consentstate, except that Tenant may remove county or municipal authority or by failure of the Existing Supplemental System in conjunction with Tenant’s installation of a five (5) ton replacement unit as contemplated hereinaboveequipment or electric current, steam and/or water or other required power source.

Air Conditioning. 35.01 (A) Tenant acknowledges that Landlord shall install the Base Building AC Units (as defined in Section 4.02) as part of the Post-Possession Base Building Work. Upon completion of the installation of the Base Building AC Units, Landlord shall have no further obligations with respect to such air-conditioning units. Tenant covenants and agrees to maintain the Base Building AC Units in good working order at all times during the Term of this lease, to perform all repairs thereto and services, at Tenant's sole cost and expense and to make available replacement of parts, at Tenant's expense, as they become necessary. Tenant shall maintain throughout the Term of this lease a contract with a vendor and under a form approved in advance by Landlord for the service, maintenance, repair and/or replacement of such air conditioning equipment. Tenant shall be required to pay in accordance with Article 17 of this lease, for all electric energy used in connection with any air conditioning equipment servicing the Demised Premises. The Base Building AC Units shall at all times be the sole property of Landlord and shall be surrendered to Landlord with the Demised Premises upon the expiration or sooner termination of this lease. Landlord shall supply to Tenant at the Demised Premises the appropriate amount of condenser water capacity for the Base Building AC Units through the Building’s condenser water system (the "Condenser System") during the hours of 8:00 am through 6:00 pm on business days. If Tenant shall require condenser water for the Base Building AC Units during times other than those provided in the immediately preceding sentence, provided Tenant is not in default under this lease, beyond the expiration of applicable notice and cure periods, then, Landlord shall furnish the same upon advance notice from Tenant, given prior to 12:00 P.M. on any business day on which Tenant requires such after-hours condenser water or if Tenant shall desire same on a day other than a business day, Landlord shall furnish the same upon advance notice from Tenant given prior to 12:00 P.M. on the last business day prior to such non business day, and Tenant shall pay Landlord's then established charges therefor as additional rent within twenty (20) days after demand. Landlord’s current Building standard rate for after-hours condenser water is $150.00 per hour per floor, subject to Landlord’s actual increases in costs from time to time with a minimum of four (4) hours on weekends and holidays. Notwithstanding what the then current Building standard rate for after-hours condenser water is, Tenant shall only be permitted charged $92.00 per hour per floor, subject to use, Landlord’s actual increases from time to time for after-hours condenser water for the base Building equipment presently supplying airfirst three-conditioning service hundred (300) hours Tenant uses per annum (which shall be prorated for partial years). The furnishing of condenser water to the Premises Base four AC Units is subject to emergencies and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. Landlord’s scheduled routine shutdowns. Tenant acknowledges and agrees that (i) condenser water for the Condenser System shall be supplied by several water towers, (ii) the water towers providing condenser water to Tenant may additionally be utilized for the cooling of the public portions of the Building and during the Building’s “Cooling Season” (which is currently May 15 through October 15) 's cooling season the demand for those portions condenser water in the Building may limit Landlord's ability to supply condenser water in the event of the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Landlord represents that as of the date hereof the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity failure of one (1) ton or more of HVAC per 300 usable square feetthe water towers, and is designed (iii) Landlord shall not be liable to deliver Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of the condenser water supplied to the Demised Premises shall no longer be available or suitable for Tenant's requirements or if a summer-winter temperature failure of between 72 and 78 degrees Fahrenheitone (1) or more of the water towers servicing the Demised Premises shall cause an interruption of its supply of condenser water. Landlord shall operate, repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or the Supplemental Systems (collectively hereinafter referred to as the “HVAC Condenser System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for all electricity consumed in the operation of the HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s prior written consent, except that Tenant may remove the Existing Supplemental System in conjunction with Tenant’s installation of a five (5) ton replacement unit as contemplated hereinabove.

Air Conditioning. 35.01 Landlord shall make available to Tenant, and Tenant shall be permitted to use, use the base Building equipment presently supplying air-conditioning service to the Premises and any replacements thereof (the “"Existing HVAC Equipment”") Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “'s "Cooling Season” " (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Tenant acknowledges and agrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord represents that as of has no obligation to operate, maintain or to repair the date hereof said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “"Supplemental Systems”") including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or and the Supplemental Systems (collectively hereinafter referred to as the “"HVAC System”"), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s 's sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for all electricity consumed in the operation of the HVAC System System, and Tenant's proportionate share of the electric current (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s 's prior written consent, except . Landlord agrees that Tenant may remove the Existing Supplemental System in conjunction with Tenant’s installation HVAC Equipment shall be (or is) of sufficient capacity to accommodate normal office usage and occupancy density excluding special usage areas (i.e., computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a five (5) ton replacement unit as contemplated hereinaboveportion or the entire Premises to a high density of office personnel and/or heat generating equipment, machines or appliances).

Air Conditioning. 35.01 45. Supplementing the provisions of Article 9 hereof, Landlord shall make available provide air conditioning to Tenant, and Tenant shall be permitted to use, the base Building equipment presently supplying air-conditioning service to the Premises and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises, through the presently existing equipment and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of facilities servicing the Premises, from May 15th to October 15th in each instance subject year during the term of the Lease. Monday through Friday from 8 a.m. to 6 p.m., and on Saturdays from 8:00 am to 12:00 Noon (after hours air conditioning to be furnished, after reasonable advance request by Tenant in writing, at Landlord's then standard building rates for same). Tenant shall reimburse Landlord, in accordance with the provisions Article 40 of this ArticleLease, for electricity consumed by such equipment and facilities in providing air conditioning to the Premises. Landlord represents Tenant acknowledges and agrees that as of the date hereof air conditioning equipment and facilities servicing the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Premises are Landlord’s cost and expense; provided's property, however, that all other air conditioning systemsTenant shall keep, maintain and repair such equipment and all of the facilities hereafter located in or servicing the Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both therewith: In connection therewith, Tenant shall at all times during the Existing HVAC Equipment and/or the Supplemental Systems term hereof contract for and maintain regular service of said air conditioning equipment and related facilities through an independent, licensed, professional third-party maintenance company approved by Landlord and shall, within (collectively hereinafter referred to as the “HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as 30) days of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at commencement of the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions term of this Lease includingLease, without limitation, the provisions forward to Landlord a fully executed original copy of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”)such contract. Tenant shall pay for also forward to Landlord within thirty (30) days of their execution by the parties thereto any and all electricity consumed in renewals and modifications thereof. Said contract shall include the operation thorough overhauling of the HVAC System (and/or water, gas air conditioning systems and steam) for facilities servicing the production of chilled and/or condenser water and its supply to Premises at least once each year during the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 term of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any Any restoration or replacement by Tenant of all or any part thereof of the air conditioning equipment shall be in quality and class at least equal to the original work or installations); provided, however, . In the event that Tenant fails to perform the aforementioned maintenance and repair of the existing air conditioning equipment and facilities servicing the Premises or fails to enter into and maintain the referenced service contract Landlord may following twenty (20) days' written notice to Tenant and Tenant's failure to cure such non-performance, at Tenant's sole cost and expense payable by Tenant upon demand as additional rent hereunder, perform any necessary maintenance or enter into such service contract for the Premises. Provided that Tenant performs the referenced maintenance and repair of the existing air conditioning equipment and enters into the above-referenced service contract, Landlord shall be responsible for the replacement, as necessary, of major components of the air conditioning mechanical equipment (e.g., without limitation, the compressor and pumps), provided that any such replacement are not necessitated by the negligence or willful misconduct of Tenant, its employees, representatives, servants or invitees, in which event Tenant shall be solely responsible for the cost of same. If supplementary air conditioning equipment and/or facilities are required to accommodate Tenant's special usage areas (e.g., without limitation computer rooms, conference rooms, cafeteria/lunchrooms or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating machinery or appliances), it shall be Tenant's responsibility to furnish, install, maintain, repair and operate, subject to Landlord's written approval, which approval shall not alterbe unreasonably withheld, modifyany necessary supplementary air conditioning equipment and/or facilities at its sole cost and expense. Landlord reserve the right to suspend the operation of all air conditioning equipment and facilities at any time that Landlord, remove or replace the HVAC Systemin its sole judgment, deems it necessary, including without limitation, accidents, emergencies, repairs, alterations, or improvements in the Premises or the Building. Tenant agrees that any part thereofsuch suspension in the operation of the air conditioning equipment and/or facilities may continue until such time as the basis for such suspension has been remedied and that Landlord shall not be responsible or liable to Tenant for any damages suffered by Tenant in connection therewith subject to the terms of this Lease and unless resulting from Landlord's negligence or willful misconduct. Tenant further agrees that Landlord shall not be responsible or liable for any damages suffered by Tenant if operation of the air conditioning equipment and/or facilities is prevented by labor unrest, without strikes, shortages or accidents or any cause beyond Landlord’s prior written consent's reasonable control, except that Tenant may remove or by the Existing Supplemental System in conjunction with Tenant’s installation orders or regulations of a five (5) ton replacement unit as contemplated hereinabove.any Federal, State, County or local authority or by failure of the equipment and/or facilities or electrical current, steam and/or water or other necessary power source. CHANGES AND ALTERATIONS

Air Conditioning. 35.01 Landlord shall make available keep in good repair an HVAC system to Tenant, maintain an average temperature in the useable common areas of the Building generally between 65 degrees Fahrenheit and 75 degrees Fahrenheit during Normal Business Hours (and between 60 degrees Fahrenheit and 80 degrees Fahrenheit at all other times). Tenant shall be permitted keep in good repair an HVAC system to use, maintain an average temperature in the base Building equipment presently supplying air-conditioning service to office portions of the Premises generally between 65 degrees Fahrenheit and any replacements thereof 75 degree Fahrenheit during Normal Business Hours (the “Existing HVAC EquipmentCriteria”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during ). Tenant shall solely control the Building’s “Cooling Season” (which is currently May 15 through October 15) temperature in its own laboratory spaces. Landlord shall not be responsible for those portions controlling and coordinating the relative temperatures within the Premises or the balancing of the Existing HVAC Equipment serving the perimeter portions of systems servicing the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Landlord represents that as of the date hereof the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlordgiven Tenant’s cost and expensecontrol over such laboratory spaces; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), Landlord shall be maintainedresponsible for providing electricity and water to the HVAC equipment serving the laboratory spaces 24-hours per day, repaired 7 days per week, such usual and operated by Tenant customary electrical capacity and water volume to be in compliance with all present and future laws and regulations relating thereto at same quantities as are sufficient for the average office/laboratory tenant in the building without regard to any special requirements or specialized equipment (it being Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject responsibility to Tenant’s compliance make separate arrangements with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installationLandlord, at Tenant’s sole cost and expense, of an additional three for any greater or more intense requirements). At any time, upon no less than forty eight (348) ton supplemental air hours’ prior notice by Tenant, Landlord shall make available overtime heat and air-conditioning unit (or, should to Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service at the Premises (in accordance with the “Additional Supplemental System”). HVAC Criteria, and Tenant shall pay as additional rent, overtime heat and air-conditioning for all electricity consumed in the operation office portions of the HVAC System (and/or water, gas and steam) Premises as may be requested by Tenant for the production Premises on the basis of chilled and/or condenser water and its supply $ 150.00 per zone per hour (subject to increase by the Premisessame percentage amount by which the standard electric rates are increased), as billed by Landlord. No plumbing or electrical work of any type shall be done by Tenant without Landlord’s approval, which approval shall not be unreasonably withheld or delayed, and, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Leaseappropriate municipal permit and/or inspector’s approval. Tenant shall pay for all parts and supplies necessary engage a contractor approved by Landlord to provide preventative maintenance services for the proper operation of HVAC system serving the Premises. Should Tenant fail to engage an approved contractor for the HVAC System (other than the Existing maintenance as specified above, Landlord may enter into an HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s prior written consent, except that Tenant may remove the Existing Supplemental System in conjunction with maintenance service contract on Tenant’s installation of a five (5) ton replacement unit as contemplated hereinabovebehalf and bill such expenses back to Tenant.

Air Conditioning. 35.01 Landlord shall make available 1. All housing areas in the Pack Unit will be air conditioned, using temporary measures, from April 15, 2018 to Tenant, and Tenant shall be permitted to use, the base Building equipment presently supplying air-conditioning service to the Premises and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of , 2018; and from April 15, 2019 to October 15, 2019. The heat index in the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the PremisesPack Unit housing areas shall not exceed 88 degrees Fahrenheit during these time periods; except that, in each instance subject to and the event of an equipment malfunction resulting in accordance with the provisions of this Article. Landlord represents that as of the date hereof the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy densityheat index rising above 88 degrees, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord TDCJ shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for all electricity consumed in the operation of the HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC Systemmalfunctioning equipment, or otherwise provide housing areas below 88 degrees Fahrenheit heat index to Subclass members, as expeditiously as possible, but in no longer than 96 hours. If there is an equipment malfunction lasting longer than twenty-four (24) hours during the any part thereofperiod from April 15 to October 15 any year which results in the indoor heat index rising above 88 degrees Fahrenheit, TDCJ shall notify Class Counsel on the first business day after the disruption. If, during an equipment malfunction, the heat index rises above 88 degrees as measured at the Pack Unit by Defendants, or if Plaintiffs notify Defendants that the heat index is above 88 degrees at the Brenham Municipal Airport weather station, TDCJ shall provide the following temporary mitigation measures: • Access to air-conditioned “respite” areas for an unlimited amount of time, 24 hours a day, seven days a week, upon request by any inmate; • Access to cool showers of unlimited length, 24 hours a day, seven days a week; • Public postings and training warning inmates of the heat and encouraging them to avail themselves of “respite” areas and cool showers; • Cold drinking water accessible 24 hours a day, seven days a week; • Notify Class Counsel on the first business day of or after the disruption of air conditioning with subsequent updates on any business day which the disruption continues, including by identifying the areas without Landlordoperating equipment; describing the expected timeline to repair or replace the equipment; providing all temperature, heat index, and humidity records for such time as the air conditioning is disrupted; and providing the identities of all affected inmates if requested; and, • Implement all measures listed in TDCJ’s prior written consent, except that Tenant may remove the Existing Supplemental System in conjunction with Tenant’s installation of a five (5) ton replacement unit as contemplated hereinabovethen current “Annual Heat Directive”.

Air Conditioning. 35.01 Landlord shall make available to Tenant, and Tenant shall be permitted to use, use the base Building equipment presently supplying air-conditioning service to the Premises and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Landlord represents that shall perform such work as of the date hereof the Existing HVAC Equipment is necessary, if any, in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain place the Existing HVAC Equipment in good working order and condition, at (“Landlord’s cost and expense; providedInitial HVAC Work”) subject, however, to Tenant’s obligation to thereafter maintain and repair the Existing HVAC Equipment in accordance with the provisions of this Article. Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. Tenant acknowledges and agrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord has no obligation to operate, maintain or to repair the said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or and the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for all electricity consumed in the operation of the HVAC System System, and Tenant’s proportionate share of the electric current (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s prior written consent, except that Tenant may remove the Existing Supplemental System in conjunction with Tenant’s installation of a five (5) ton replacement unit as contemplated hereinabove.

Air Conditioning. 35.01 Landlord shall make available provide base Building air conditioning to Tenant, the Premises during the following hours: 8:00 a.m. through 6:00 p.m. Monday through Friday on normal business days. Landlord hereby covenants and agrees that air conditioning facilities servicing the Premises shall be in working order on the Commencement Date Tenant shall be permitted to use, the base Building equipment presently supplying air-use such air conditioning service to the Premises and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) facilities during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions term of this Lease. Landlord agrees to maintain such air conditioning facilities at its expense during the Existing HVAC Equipment serving the perimeter portions term of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and this Lease. Tenant shall use such air conditioning system in accordance with the provisions reasonable rules and regulations of this ArticleLandlord and the instructions of the manufacturer. Title to the air conditioning facilities shall be and remain with Landlord at all times. Landlord represents that as of throughout the date hereof the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions term of this Lease includingshall have free and unrestricted access at reasonable times and upon reasonable advance notice (except in the event of an emergency or if Landlord is required to comply with any law or if Landlord may be subject to civil or criminal penalty or fine), without limitationwhich notice may be telephonic, to any and all air conditioning facilities in the provisions Premises. Tenant may use the Building air-conditioning at times other than normal business hours on business days at a cost of this Article One Hundred Seventy-Five Dollars ($175.00) per hour, which amount may be raised by Landlord to the extent Landlord’s costs increase and if Landlord raises such rates for the tenants at the Building, but Landlord shall not raise such rate prior to the first (1st) anniversary of Article 8, above, Tenant’s installation, the Commencement Date. Tenant at Tenant’s sole cost and expense, shall be permitted to install and operate a condenser water supplemental heating, ventilating and air-conditioning system (“HVAC”) during the term of an additional three this Lease. Landlord shall provide Tenant with up to two (32) ton supplemental air conditioning unit (or, should Tenant elect tons of condenser water to remove the Existing Supplemental System, then Premises for Tenant’s installation of supplemental heating, ventilation and air-conditioning system on a five twenty-four (524) ton supplemental air conditioning unithour, seven (7) to service the Premises (the “Additional Supplemental System”)days per week basis. Tenant shall pay Landlord an amount equal to Three Hundred Fifty Dollars ($350.00) per ton per annum for condenser water, which amount may be raised by Landlord during the term of this Lease to reflect actual increases in Landlord’s cost. In addition, if Tenant installs such supplemental HVAC system, Tenant shall be responsible to pay and/or reimburse Landlord for all electricity consumed out-of-pocket costs and expenses incurred by Landlord in connection with the installation and operation of the supplemental HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Leasesystem. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, Landlord hereby agrees that Tenant shall not alter, modify, remove or replace be required to pay a “tap-in” fee for the condenser water for the supplemental HVAC System, or any part thereof, without Landlord’s prior written consent, except that Tenant may remove the Existing Supplemental System in conjunction with Tenant’s installation of a five (5) ton replacement unit as contemplated hereinabovesystem.

Air Conditioning. 35.01 Landlord shall make available to Tenant, and Tenant shall be permitted to use, use the base Building equipment presently supplying air-conditioning service to the Premises and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Tenant acknowledges and agrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord represents that as of has no obligation to operate, maintain or to repair the date hereof said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or and the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for all electricity consumed in the operation of the HVAC System System, and Tenant's proportionate share of the electric current (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s prior written consent, except that Tenant may remove the Existing Supplemental System in conjunction with Tenant’s installation of a five (5) ton replacement unit as contemplated hereinabove.

Air Conditioning. 35.01 Landlord shall make available to Tenant, and Tenant shall be permitted to use, exclusively use the base Building equipment presently supplying air-conditioning service to the Premises and any replacements thereof Building (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Tenant acknowledges and agrees that air-conditioning service to the Building shall be supplied through equipment operated, maintained, repaired and replaced (as necessary) by Tenant and that Landlord represents that as of has no obligation to operate, maintain, repair or replace the date hereof said equipment or to supply air-conditioning service to the Building, except for the equipment presently supplying air-conditioning service to the 3rd Floor Premises for the period prior to the 3rd Floor Commencement Date and except for the Lobby HVAC. The Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (lobby of the Building or the Premises(the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or and the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), shall be operated, maintained, repaired and operated replaced (as necessary) by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for all electricity consumed in the operation of the HVAC System System, and Tenant’s proportionate share of the electric current (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s prior written consent, except that Tenant may remove the Existing Supplemental System in conjunction with Tenant’s installation of a five (5) ton replacement unit as contemplated hereinabove.

Air Conditioning. 35.01 Landlord shall make available to Tenant, and Tenant shall be permitted to use, use the base Building equipment presently supplying air-conditioning service to the Premises and any replacements thereof (the “"Existing HVAC Equipment”") Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “'s "Cooling Season” " (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Landlord represents that shall perform such work as of the date hereof the Existing HVAC Equipment is necessary, if any, in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain place the Existing HVAC Equipment in good working order and condition, at ("Landlord’s cost and expense; provided's Initial HVAC Work") subject, however, to Tenant's obligation to thereafter maintain and repair the Existing HVAC Equipment in accordance with the provisions of this Article. Landlord shall perform Landlord's Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof, Tenant acknowledges and agrees that air-conditioning, service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord has no obligation to operate, maintain or to repair the said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises ({the “"Supplemental Systems”") including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or and the Supplemental Systems (collectively hereinafter referred to as the “"HVAC System”"), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s 's sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for all electricity consumed in the operation of the HVAC System System, and Tenant's proportionate share of the electric current (and/or and or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. Lease Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s 's prior written consent, except that Tenant may remove the Existing Supplemental System in conjunction with Tenant’s installation of a five (5) ton replacement unit as contemplated hereinabove.

Air Conditioning. 35.01 Subject to the provisions of this Article and all other applicable provisions of this Lease, Landlord shall make available to Tenant, and Tenant shall be permitted to use, the base Building equipment presently supplying supply air-conditioning service to the Premises and any replacements thereof through the Building’s central air-conditioning facilities (the “Existing Building HVAC EquipmentSystem”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises), and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this ArticleLease. Landlord represents that as Tenant shall pay Tenant’s proportionate share of all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the date hereof Building HVAC System and for the Existing HVAC Equipment production of chilled and/or condenser water and its supply to the Premises. Subject to the review and approval by Landlord of Tenant’s Plans (as herein defined in Article 49), if supplementary air-conditioning equipment is in working order and has required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a cooling capacity which is appropriate for normal portion or the entire premises to a high density of office use and normal occupancy densitypersonnel and/or heat generating machines or appliances), Tenant shall be permitted to wit: the Existing HVAC Equipment is designed install air cooled supplemental air-conditioning equipment to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed service to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “Supplemental SystemsA/C System”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or therewith, provided that Tenant hereby acknowledges and agrees that at all times the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), A/C System once installed by Tenant shall be maintainedand remain the property of Landlord and, repaired further, that Tenant shall at all times, at its sole cost and operated by Tenant expense, be responsible to operate, maintain, repair in good working order and in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay to Landlord, within twenty (20) days after demand as Additional Rent hereunder, charges for all electricity consumed consumption in connection with the operation of Supplemental A/C System, in accordance with the HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms provisions of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC Supplemental A/C System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided. Without limiting the generality of the foregoing, however, that Tenant shall not alterat all times during the term hereof contract for and maintain regular service of said the Supplemental A/C System through an independent, modifylicensed, remove or replace professional third party maintenance company approved by Landlord and shall, within thirty (30) days of installation of the HVAC Supplemental A/C System, forward to Landlord a fully executed original copy of such contract. Such contract shall provide for the thorough overhauling of the Supplemental A/C System at least once each year during the Term of this Lease and shall expressly state that (i) it shall be an automatically renewing contract terminable upon not less than thirty (30) days prior written notice to the Landlord (sent by certified mail, return receipt requested) and (ii) the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review same promptly after Landlord’s request. Landlord reserves the right to suspend operation of the Building HVAC System and/or Supplemental A/C System, if any, at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any part thereofsituation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System and /or Supplemental A/C System, if any, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System and/or Supplemental A/C System, if any, is prevented by strikes or accidents or any cause beyond Landlord’s prior written consentreasonable control, except that Tenant may remove or by the Existing Supplemental System in conjunction with Tenant’s installation orders or regulations of a five (5) ton replacement unit as contemplated hereinaboveany federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source.