Condenser Water Sample Clauses
Condenser Water. Landlord shall provide condenser water in connection with Tenant's independent supplemental air-conditioning units, which shall not exceed 10 tons in the aggregate and which shall be installed in accordance with the provisions of Article 5 hereof. Tenant shall pay Landlord an annual charge for such condenser water at Landlord's then established rate for condenser water, which charge is, on the date of this Lease, $250 per ton and which charge shall be payable in equal monthly installments together with Tenant's payment of Fixed Rent and shall be payable whether or not Tenant utilizes such amount of condenser water. If Tenant fails to utilize any quantity of condenser water for two years or more, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled hereunder by the number of such unutilized tons (unless Tenant notifies Landlord within ten days after Tenant's receipt of such notice from Landlord that it anticipates utilizing a portion or all of such unutilized tons of condenser water, in which case Landlord shall only have the right to reduce the number of tons of condenser water to which Tenant is then entitled by such number as Tenant does not anticipate utilizing), provided, however, that Landlord shall have the right upon further notice to Tenant to reduce the number of tons of condenser water to which Tenant is then entitled by any number of tons of condenser water that Tenant has reserved in its notice to Landlord if Tenant fails to utilize any such reserved tons prior to the expiration of the cooling season (i.e., May 1 to September 30) next following Tenant's receipt of the first notice from Landlord), in which case Landlord shall only charge Tenant for such lower number of tons of condenser water. In addition to the foregoing charges there shall be a one-time "tap-in" fee equal to $1,500 per ton of unit capacity, payable within 20 days after rendition of a xxxx therefor. Landlord shall not be liable to Tenant for any failure or defect in the supply or character of condenser water supplied to Tenant by reason of any Requirement, act or omission of the public service company serving the Building or for any other reason not attributable to the negligence or willful misconduct of Landlord, its agents, contractors and employees.
Condenser Water. (A) Landlord approves, in principle, subject to Tenant’s compliance with all applicable provisions of the Lease, Tenant’s installation of a water-cooled supplemental air conditioning system and additional supplemental air conditioning units, from time to time, reasonably acceptable to Landlord (collectively, the “Supplemental System”) and located solely in the 9th Floor Premises with a combined air conditioning capacity of not more than two hundred seventy (270) tons. Tenant will retain a contractor reasonably approved by Landlord (“Contractor”) to construct the Supplemental System and to connect it to the Building’s condenser water riser (in one or more stages) in accordance with plans approved by Landlord and will pay the Contractor directly for the cost thereof. There shall be no tap-in charge, but Tenant shall pay to Landlord, upon execution of the contract(s) with the Contractor, an administrative and supervisory fee equal to five (5%) percent of the amount payable to the Contractor for its work in connection with the Supplemental System. Subject to all applicable provisions of the Lease (including specifically, but without limitation, Article 27), Landlord agrees to reserve for Tenant’s use the condenser water necessary to operate the Supplemental System.
(B) Beginning on October 1, 2000, Tenant shall pay Landlord a charge in the initial amount of $1,000.00 per ton per annum (“Condenser Water Charge”) for the first twenty (20) tons of condenser water capacity reserved for Tenant’s use pursuant to Section (A)
Condenser Water. If Tenant (or Landlord, as part of Landlord Work) shall install a supplemental or auxiliary HVAC system in the Premises, Landlord shall provide two (2) tons of condenser water to the Premises for the supplemental air conditioning needs of Tenant in the Premises at the initial rate of $750.00 per ton per annum, regardless of actual use. Such rate shall be increased annually on January 1st of each year during the Term to reflect Landlord’s actual increase in cost to provide condenser water by the percentage of increase in the Consumer Price Index for such January over the Consumer Price Index in effect during January of the prior year. The aforementioned initial rate shall be in effect for calendar year in which the Commencement Date occurs.
Condenser Water. From and after the date that Subtenant first occupies the Premises for the conduct of Subtenant’s business and during the Term, Subtenant shall be entitled to, and Sublandlord shall arrange with Prime Lessor, for the furnishing to Subtenant on a 24 hour per day basis each day of the year up to an aggregate of 50 tons of pumped condenser water to the Premises for supplemental HVAC system(s) servicing the Premises. Subtenant shall notify Sublandlord, no later than July 31, 2018, of the amount of condenser water required by Subtenant, and Subtenant shall pay, regardless of actual usage, as Additional Rent, for such condenser water, at the rate therefor charged from time to time by Prime Lessor to Sublandlord, which amounts shall be payable within twenty (20) days after rendition of a xxxx therefor.
Condenser Water. Subject to Section 5D hereof, Subtenant shall pay for condenser water on a direct pass-through basis from Prime Landlord as set forth in Prime Lease within twenty (20) days after receipt of an invoice therefore. If additional condenser water is required by Subtenant, Sublandlord shall assist and cooperate with Subtenant, at no cost or expense to Sublandlord, in obtaining such additional condenser water from Prime Landlord.
Condenser Water. Tenant shall pay to Landlord, on a straight pass-through basis without any profit or markup, the amounts charged by Overlandlord to Landlord for the condenser water used by the Additional AC Unit at the rates charged to Landlord by Overlandlord pursuant to the Xxxxxxxxx for condenser water consumed, together with any costs incurred by Landlord in connection with the maintenance, repair or necessary replacement of any meters currently serving the Premises. Landlord and Tenant agree that if at any time during the Term, Overlandlord is furnishing more than 100 tons of condenser water for supplemental air conditioning for the Xxxxxxxxx Premises pursuant to Article 17 of the Xxxxxxxxx (including amounts supplied to the Premises), then Tenant shall be responsible for the amounts charged by Overlandlord for such condenser water to the extent the aggregate condenser water supplied to Xxxxxxxxx Premises for supplemental air conditioning (including amounts supplied to the Premises and regardless of when the condenser water was first requested by Landlord or Tenant) exceeds 100 tons but not in excess of the number of tons of condenser water supplied to the Premises for the Additional AC Unit.
Condenser Water. To furnish condenser water and a condenser water connection to the heat pump and related equipment currently installed by Tenant in the Premises. Tenant shall pay to Landlord the “Condenser Water Charge.” The “Condenser Water Charge” is currently $650.00 per ton per annum and is subject to increase by Landlord from time to time.
Condenser Water. If requested, Landlord will maintain for Tenant's usage condensor water throughout the Lease term and any renewal periods. Tenant will specify its required condensor water capacity prior to Landlord's final plan review. Landlord, at its cost and expense, will install a tie in valve and condensor water flow meter in the Premises in a location to be designated by Tenant. The cost for the condensor water service will be Landlord's actual cost for each ton of usage. HAVING READ and intending to be bound by the terms and provisions of this Lease, Landlord and Tenant have signed it as of the Lease Commencement Date. LANDLORD: TENANT: TDC CANADA, INC., a Canadian Corporation QUIXOTE CORPORATION, a Delaware corporation BY: /s/ Xxxx Bonducci BY: /s/ Xxxxxx X. Xxxxx NAME: /s/ Xxxx Bonducci NAME: /s/ Xxxxxx X. Xxxxx TITLE: Vice President TITLE: VP and CFO XXXXXX XX, INC. a Delaware corporation BY: /s/ Xxxx Bonducci NAME: Xxxx Bonducci TITLE: Vice President
Condenser Water. Tenant shall pay Landlord, as Additional Rent, for supplying condenser water for use at the Premises at the rate of $450.00 per ton per year, which charge shall be increased, on a cumulative basis, by an amount equal to the increase in Landlord’s actual costs to supply such condenser water over Landlord’s actual costs to provide the same for the prior calendar year (as such actual costs shall be reasonably determined by Landlord).
Condenser Water. If Tenant shall exercise an Expansion Option and shall notify Landlord that Tenant requires additional condenser water with respect to the Expansion Space in question and provide appropriate documentation from its engineer supporting such claim, then Landlord shall determine in good faith if same is available for Tenant’s use, taking into consideration the potential needs of existing and future tenants of the Building and the Building and, to the extent Landlord determines same is so available, Landlord shall furnish to Tenant such additional condenser water at the rate stated herein, as same may be increased, pursuant to the terms of Section 11.7, provided that if the prior tenant of the Expansion Space in question was entitled to condenser water under its lease of such Expansion Space, Landlord shall provide Tenant with at least the amount of condenser water allocable to such Expansion Space on a proportionate basis under such lease.