Condenser Water. (A) Landlord approves, in principle, subject to Tenant’s compliance with all applicable provisions of the Lease, Tenant’s installation of water-cooled supplemental air conditioning systems reasonably acceptable to Landlord (collectively, the “Supplemental System”) located throughout the demised premises with a combined capacity of not more than one hundred forty (140) tons. Tenant will retain Alpha Mechanical 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 Alpha Mechanical 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 Alpha Mechanical, an administrative and supervisory fee equal to five (5%) percent of the amount payable to Alpha Mechanical for its work in connection with the Supplemental System. Subject to all applicable provisions of the applicable 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. Tenant, at Tenant’s sole cost and expense, may tap into the condenser water pipes of the Building to obtain condenser water for its HVAC System through valved outlets to the Premises at the locations designated by Landlord (it being agreed that such valved outlets shall be deemed to be a portion of the Building Systems). Subject to the terms of this Section 5.3, Tenant shall have the right to access the Building’s condenser water system for purposes of pumping (at Tenant’s sole cost and expense) condenser water to Tenant’s HVAC system, at such times and in such quantities as Tenant shall request (subject, however, to the permitted capacity of such system). Any installations required to connect Tenant’s HVAC system to the condenser water pipes shall be made by Tenant and shall constitute an Alteration. Tenant shall pay Landlord, from time to time, for the supply of condenser water, within thirty (30) days after rendition of a bxxx therefor, an annual charge equal to the sum of (x) one hundred five percent (105%) of Landlord’s actual cost to obtain (from the Condominium Board or otherwise) or reasonable actual cost to produce such condenser water as is used by Tenant and which cost is customarily charged to other retail tenants in the Building using the same system and (y) an amount equal to any tax imposed by any Governmental Authority on the amount set forth in clause (x) of this sentence. Tenant’s use of condenser water shall not exceed eight (8) tons of condenser water, and, upon Tenant’s payment to Landlord of the fee described in this Section 5.3, and subject to the express provisions of this Lease(including, without limitation, Landlord’s maintenance and repair requirements), Landlord shall make such condenser water available to Tenant during the Term on a 24 hours per day, seven days per week basis, based on the Building’s heating and cooling seasons, provided that Tenant shall install and use its own VFD pumps to utilize such condenser water for Tenant’s HVAC system. Tenant expressly acknowledges that the Building condenser water pumps and fans may not be operating on a 24 hours per day, seven days per week basis and that Tenant’s HVAC System, shall be designed and operated based on the foregoing acknowledgment.
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 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 one year 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 or otherwise fails to demonstrate that it has increased the size of its supplemental air conditioning system within 180 days after 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 fifteen (15) 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. Landlord shall furnish to Tenant Condenser Water, during the period when the outdoor temperature is above 65 degrees, to be connected to Tenant’s systems, and Tenant shall be required to install water regulating valves and thermometer xxxxx at all equipment. In no event shall Tenant, as tenant under this Lease and as tenant under the Retail Lease connect more than 60 “Connected Tons” (as hereinafter defined) to service both the Premises and Retail Premises to Landlord’s condenser water system provided Tenant may at any time elect to connect less than 60 Connected Tons provided it notifies Landlord of same. As of the date Tenant connects the Condenser Water to its air-conditioning unit, cooling system, or refrigeration equipment (the “Effective Date”), which Tenant agrees to install at its sole cost and expense, Tenant shall pay to Landlord a tap in fee of $0 per ton of the aggregate number of tons of air conditioning equipment and refrigeration equipment to be attached to Landlord’s condenser water system (“Connected Tons”) and in addition, the Additional Rent provided for herein and under the Retail Lease together shall be increased by an amount equal to the factor reached by multiplying the aggregate number of tons being actually used by Tenant for its air-conditioning, cooling and refrigeration equipment by $500.00, which equals the total per annum cost for Condenser Water (e.g. if Tenant’s annual usage is 60 tons, then its yearly cost would be 60 x $500.00 = $30,000), which Additional Rent shall be payable in equal monthly installments commencing on the Effective Date and thereafter on the first day of each calendar month during the Term. Said $500.00 shall increase by 3% cumulatively every three Lease Years. It is intended that Tenant shall in the aggregate under both this Lease and the Retail Lease be charged only for the actual tonnage used by Tenant in the Building. If the Effective Date is other than the first day of the month, the increase in the monthly installment of Rent for the first month in which the Effective Date occurs, payable by reason of this Article 32 shall be prorated for the period beginning on the Effective Date and ending on the last day of the month in which the Effective Date occurs.
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. 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. 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. 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. 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. Subject to Landlord’s reasonable rules and regulations governing the same, Tenant shall have access to the Building condenser water loop for the benefit of Tenant’s air conditioning equipment, subject to usage charges.
