Common use of Cooling Clause in Contracts

Cooling. Tenant shall have the privilege of using the air-cooling system presently serving the Premises which Tenant agrees to maintain and repair at its own cost and expense. Tenant accepts such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having an electrical load in excess of the average electrical load for the air-cooling system as designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for the costs of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, subsection H, hereof.

Cooling. Tenant Landlord, at Landlord's expense, shall have the privilege of using the furnish air-cooling system presently serving on business days from 8:00 A.M. to 6:00 P.M. as required for the comfortable occupancy of the Premises, but in no event less than from May 15 through October 15 of each year during the Term, when, in the judgment of Landlord, reasonably exercised, it may be required for the comfortable occupancy of the Premises, and shall ventilate the Premises which Tenant agrees to maintain on business days and repair at its own cost and expense. Tenant accepts such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance similar hours during other months of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheldyear. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having Tenant that have an electrical load in excess of the average electrical load for the Building air-cooling system as designed required under this Lease or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under TenantTenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulations. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including including, but not limited to to, air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay may, subject to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises for the costs data center, at Tenant's sole cost and expense, provided the installation and maintenance of electrical energy consumed by same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along Xxxxx Street exposure. In addition to the air-cooling system in accordance with foregoing, Tenant may install vents on the provisions eighth (8th) floor of Article 29the Building along the Xxxxx Street exposure reasonably sufficient to service Tenant's air conditioning requirements, subsection Hthe number, hereofdesign and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed.

Cooling. Tenant Landlord, at Landlord’s expense, shall have the privilege of using the furnish air-cooling system presently serving on business days from 8:00 a.m. to 6:00 p.m. from May 15 through September 15 of each year during the Term, when, in the judgment of Landlord, reasonably exercised, it may be required for the comfortable occupancy of the Premises, and shall ventilate the Premises which Tenant agrees to maintain on business days and repair at its own cost and expense. Tenant accepts such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance similar hours during other months of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheldyear. Anything in this subsection C Section 29.3 to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the air-cooling Building aircooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises (i) which, by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having shall have an electrical load in excess of the average electrical load and human occupancy factors for the Building air-cooling system as designed designed, or (ii) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under TenantTenant other than in connection with Landlord’s Work. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's ’s position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully reasonably with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air-coolingaircooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for have the costs of electrical energy consumed by the air-cooling system right to install a supplemental HVAC Unit (hereinafter defined) at Tenant’s sole cost and expense, in accordance with the provisions of Article 29, subsection H, hereof42 below.

Cooling. Tenant shall have the privilege of using the air-cooling system presently serving the Premises which Tenant agrees to maintain and repair at its own cost and expense. Tenant accepts such air-cooling system in its "“as-is" ” condition. Tenant shall enter into service maintenance agreements for the service and maintenance of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's ’s consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having an electrical load in excess of the average electrical load for the air-cooling system as designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's ’s position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for the costs of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, subsection H, hereof.

Cooling. Tenant shall have the privilege of using the air-cooling system presently serving to be installed in the Premises Premises, as part of Tenant's Initial Alteration, which system Tenant agrees to maintain and repair at its own cost and expense. Tenant accepts shall accept such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance of the air-cooling systems system with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having an electrical load in excess of the average electrical load for the air-cooling system as designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air-cooling system. Subject to the terms of Article 14 hereof, Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for the costs cost of the electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, subsection H, hereof. In the event Landlord or Tenant installs a water-cooled air cooling system in the Premises, and if Tenant requests that condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually within ten (10) business days after receipt of an invoice therefor, a sum equal to Three Hundred Fifty and 00/100 ($350.00) Dollars per ton of air conditioning capacity to compensate Landlord for the cost of supplying condenser water for the air-cooling system (which annual charge shall increase to $400 per ton from and after the fifth (5th) anniversary of the Commencement Date) and (y) Tenant shall pay to Landlord upon the execution and delivery of this Lease by Tenant, a "tap-in" charge in the amount of $2,000.00 to compensate Landlord for making such condenser water available to Tenant.

Cooling. Tenant shall have the privilege of using the air-cooling system presently serving the Premises on business days from 8:00 A.M. to 6:00 P.M. from May 15 through October 15 of each year during the Term when it may be required for the comfortable occupancy of the Premises, which Tenant system Landlord agrees to maintain and repair at its own cost and expense. Tenant accepts expense except in the event that any such repairs or maintenance are required by reason of Tenant's acts, omissions, use or misuse of such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance recordssystem. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having Tenant that have an electrical load in excess of the average electrical load for the Building air-cooling system as designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for its pro rata share of the costs of electrical energy consumed by the air-cooling system in accordance with the provisions of subsection H of this Article 29, subsection H, hereof.

Cooling. Tenant shall have the privilege of using the air-cooling system presently serving installed in the Premises Premises, which system Tenant agrees to maintain and repair at its own cost and expense. Tenant accepts shall accept such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance of the air-cooling systems system with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having an electrical load in excess of the average electrical load for the air-cooling system as designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air-cooling system. Subject to the terms of Article 14 hereof, Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for the costs cost of the electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, subsection H, hereof.

Cooling. Tenant shall have the privilege of using the air-cooling system presently serving the Premises which air-cooling system shall be maintained by Landlord, provided that Tenant agrees to maintain and repair at its own cost and expense. Tenant accepts shall within ten (10) days after the date of receipt of an invoice therefor, pay the costs of the service contract obtained by Landlord for such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements as determined by Landlord, including, without limitation, but subject to the provisions of the next succeeding sentence, the costs of repair and replacement of any component parts thereof to the extent same is necessary for the service and proper maintenance of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance recordssystem. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Landlord shall be responsible for the cost of any repair to or replacement of major components of the air-cooling system (and not for regular repair, maintenance or replacement of the air-cooling system which shall be the responsibility of Tenant as provided above) made during the period commencing on the Commencement Date through and including the first anniversary of the Commencement Date. Anything in this subsection C Lease to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having an electrical load in excess of the average electrical load for the air-cooling system as designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including including, but not limited to to, air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for the costs of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, subsection H, hereof.

Cooling. Tenant Landlord, at Landlord's expense, shall have furnish air- ------- cooling consistent with other comparable buildings in Manhattan on business days from 8:00 a.m. to 6:00 p.m. from May 15 through September 15 of each year during, the privilege Term when, in the judgment of using Landlord, reasonably exercised, it may be required for the air-cooling system presently serving comfortable occupancy of the Premises, and shall ventilate the Premises which Tenant agrees to maintain on business days and repair at its own cost and expense. Tenant accepts such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance similar hours during other months of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheldyear. Anything in this subsection C 29.3 to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the air-Building air cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises (i) which, by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having shall have an electrical load in excess of the average electrical load and human occupancy factors for the Building air-cooling system as designed designed, or (ii) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under TenantTenant other than in connection with Landlord's Initial Construction. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free reasonable access pursuant to the terms of this Lease, to any and all mechanical installations of Landlord, including but not limited to air-air cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for the costs of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, subsection H, hereof.

Cooling. Tenant acknowledges that Tenant shall install air-conditioning equipment to serve the Tenth Floor Space as part of Tenant's Initial Alteration therein in accordance with the provisions of Schedule B hereof. Tenant shall have the privilege of using the air-cooling system conditioning systems presently serving installed in and/or servicing the Premises Mezzanine, Second Floor and Eleventh Floor (such existing air-conditioning systems, together with any air-conditioning systems hereafter installed by Landlord in the Tenth Floor Space, being hereinafter individually and collectively referred to as "Air-Conditioning Systems"), which systems Tenant agrees to maintain and repair at its own cost and expense. Tenant accepts such air-cooling system accept in its their "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding; accordingly, Landlord shall not be responsible if the normal operation of the airAir-cooling system Conditioning Systems shall fail to provide cooled air at reasonable CONFORMED COPY temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises for any reason whatsoever, including, without limitation, by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having an electrical load in excess of the average electrical load for the airAir-cooling system Conditioning Systems as designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant; accordingly Tenant shall maintain, repair and operate any such Air-Conditioning Systems in compliance with all present and future laws and regulations relating thereto and shall enter into service maintenance agreements for the service and maintenance of the Air-Conditioning Systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld (provided that Tenant shall have no obligation to maintain or repair the condenser water tower or any components thereof up to the point of connection into the Premises). Tenant agrees to keep shall cause periodic service and cause maintenance to be kept closed all performed on the Air-Conditioning Systems and shall provide Landlord with copies of the windows in the Premises whenever the airservice and maintenance records. Tenant shall not alter, modify or replace any such Air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sunConditioning Systems, or any part thereof, without Landlord's position whenever the air-cooling system is in operationconsent, which shall not be unreasonably withheld. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the airAir-cooling systemConditioning Systems. Subject to the terms of Article 14 hereof, Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to airAir-coolingConditioning Systems, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for the costs cost of the electrical energy consumed by the airAir-cooling system Conditioning Systems in accordance with the provisions of Article 29, subsection H, hereof. With respect to the water-cooled Air-Conditioning Systems servicing the Second Floor and Mezzanine and any other water cooled Air-Conditioning Systems installed in any other part of the Premises, in consideration of the condenser water supplied by Landlord for such systems, Tenant shall pay to Landlord, annually upon demand, a sum equal to $400 per ton of air-conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such Air-Conditioning Systems on "business days" from 8:00 A.M. to 6:00 P.M. from May 15th through October 15th of each year during the Term hereof. In addition, Tenant agrees to pay Landlord a tap-in fee of $1,500.00 to compensate Landlord for making the condenser water available to any water cooled Air-Conditioning Systems installed by Tenant in the Tenth Floor Space. Any such Air-Conditioning Systems shall be installed with balancing valves and manufactured by Bxxx & Gxxxxxx or such other manufacturer identified by Landlord for balancing by Landlord, at Tenant's sole cost and expense. For and consideration of the payment of the condenser water charges set forth above, Landlord hereby covenants and agrees to provide Tenant with sufficient condenser water to service a minimum of one hundred twenty-five (125) tons of air-conditioning capacity in the aggregate on the Second Floor and Mezzanine and a minimum of forty (40) tons of air-conditioning capacity on the Tenth Floor Space.

Cooling. Tenant Landlord, at Landlord's expense, shall have the privilege of using the furnish air-cooling system presently serving on business days from 8:00 A.M. to 6:00 P.M. from May 15 through October 15 of each year during the Term, when, in the judgment of Landlord, reasonably exercised, it may be required for the comfortable occupancy of the Premises, and shall ventilate the Premises which Tenant agrees to maintain on business days and repair at its own cost and expense. Tenant accepts such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance similar hours during other months of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheldyear. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having Tenant that have an electrical load in excess of the average electrical load for the Building air-cooling system as designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay The HVAC specifications currently in effect for the costs Building are more particularly described on EXHIBIT F annexed hereto, but Landlord reserves the right to amend such specifications at any time, provided same is done on a non-discriminatory basis. Landlord shall provide Tenant with two (2) connections, per floor, to the main duct of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, subsection H, hereofHVAC System.

Cooling. Tenant shall have the privilege of using the air-cooling system ------- presently serving the Premises which system Landlord agrees will be in good working order as of the Commencement date. Tenant agrees to maintain and repair the system within the Premises only, at its own cost and expense. Tenant accepts such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance of the air-cooling systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system and shall provide Landlord with copies of service and maintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having an electrical load in excess of the average electrical load for the air-cooling system as designed or designed, (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant, or (iii) the inadequate design or capacity of the existing cooling system. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the all rules, regulations and requirements which Landlord may prescribe for the proper functioning and protection of the applicable to such air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for the costs of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, subsection Subsection H, hereof. Tenant shall have the right to install, at its own cost and expense, an "air-cooled" air conditioning unit to service all or any part of the Premises, and Landlord shall use best efforts to make available to Tenant that Building common space (i.e. outside tier roof areas) as is practical for this purpose.

Cooling. Tenant shall have the privilege of using right to use the two (2) new air-cooling system presently serving cooled air-conditioning units to be installed in the Premises by Landlord as part of Landlord's Initial Construction (as more particularly described in the specifications set forth in Exhibit 10) at all times, which Tenant agrees to maintain and repair at its own cost and expense. ; provided, however, Landlord agrees to assign the manufacturer's warranties and guaranties covering such units to Tenant accepts such air-cooling system in its "as-is" condition(which warranties and guaranties shall include, at a minimum, an extended five (5) year warranty for the compressor). Tenant shall enter into service maintenance agreements for the service and maintenance of the air-cooling systems conditioning units with a contractor approved by Landlord, which approval shall not be unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the air-cooling system conditioning units and shall provide Landlord with copies of service and maintenance records. In the event either of the air-conditioning units servicing the Premises need to be replaced at anytime from and after the tenth (10th) anniversary of the Commencement Date (which replacement is not necessitated by Tenant's negligence or willful misconduct or by Tenant's failure to repair and maintain the air-conditioning units in accordance with the terms hereof), the cost of such replacement shall be amortized over a period of ten (10) years commencing in the year in which the replacement is made and Tenant shall be responsible for the cost thereof that amortizes during the balance of the Term, and Landlord shall be responsible for any portion of such cost that amortizes after the Expiration Date. Tenant's failure to maintain service and maintenance contracts for the air-conditioning units shall be deemed evidence of Tenant's failure to repair and maintain the same in accordance with the terms hereof, in which event Landlord shall have no obligation to contribute to the cost of replacement units. Tenant shall not alter, modify or replace such air-cooling systemconditioning units, or any part thereof, without Landlord's consent, which consent shall not be unreasonably withheldgranted or denied in accordance with Article 3 hereof. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the air-cooling system conditioning units shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, having an electrical load in excess of the average electrical load for the air-cooling system conditioning units as designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling systemconditioning units. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including but not limited to air-coolingconditioning, fan, ventilating, machine rooms and electrical closets. Tenant shall pay for the costs of electrical energy consumed by the air-cooling system conditioning units in accordance with the provisions of subsection H of this Article 29, subsection H, hereof.