Common use of Heat and Air-Conditioning Clause in Contracts

Heat and Air-Conditioning. Landlord shall, through the Building heating and air-conditioning system, furnish to and distribute in the Premises heat during the Hours of Operation of the normal heating season and air conditioning during the Hours of Operation of the normal cooling season when air conditioning may reasonably be required for the comfortable occupancy of the Premises by Tenant. Landlord shall not be required to furnish heat and air-conditioning in the Premises in excess of the capacity of the equipment installed in the Building. If Tenant requests Landlord to provide heat or air conditioning beyond the Hours of Operation, Tenant shall pay Landlord therefor at rates reasonably established by Landlord from time to time, to reflect Landlord’s actual cost without mxxx-up to Tenant. If Tenant requires additional air-conditioning outside of normal Hours of Operation for business machines, meeting rooms or other purposes, or because of occupancy or unusual electrical loads, any additional air-conditioning units, chillers, condensers, compressors, ducts, piping and other equipment and facilities will be installed and maintained by Landlord at Tenant’s sole cost, but only to the extent that the same are compatible with the Building and its mechanical systems. During the Term, Tenant may use the existing supplemental HVAC unit in the Premises (the “HVAC Unit”). Tenant acknowledges and agrees that, (i) Landlord shall have no obligation or liability with respect to any such HVAC Unit, (ii) the presence or absence of such HVAC Unit will not cause any delay in the Term Commencement Date, (iii) Landlord makes no representations or warranties as to the condition or suitability of such HVAC Unit for Tenant’s use, and (iv) Tenant shall be solely responsible for such HVAC Unit (including, without limitation, for insurance, safety and maintenance).

Heat and Air-Conditioning. Landlord shall, through the Building heating and air-conditioning system, furnish to and distribute in the Premises reasonable levels of heat during the Hours of Operation of the normal heating season and reasonable levels of air conditioning during the Hours of Operation of the normal cooling season when air conditioning may reasonably be required for the comfortable occupancy of the Premises by Tenant. Notwithstanding the foregoing, Landlord shall not be required to furnish heat and air-conditioning in the Premises in excess of the capacity of the equipment installed in the Building, provided that such equipment shall be sufficient to meet the Heat and Air Conditioning Specification attached as Exhibit C-2. If Tenant requests Landlord to provide heat or air conditioning beyond the Hours of Operation, Tenant shall pay Landlord therefor at rates reasonably established by Landlord from time to time, time to reflect reimburse Landlord’s actual cost without mxxx-up costs (as of the date hereof such rate is estimated to Tenantbe $35 per floor per hour). If Tenant requires additional air-conditioning outside of normal Hours of Operation for business machines, meeting rooms or other purposes, or because of occupancy or unusual electrical loads, any additional air-conditioning units, chillers, condensers, compressors, ducts, piping and other equipment and facilities will be installed and maintained by Landlord at Tenant’s sole cost, but only to the extent that the same are compatible with the Building and its mechanical systems. During the Term, Tenant may use the existing supplemental HVAC unit in the Premises (the “HVAC Unit”). Tenant acknowledges and agrees that, (i) Landlord shall have no obligation or liability with respect to any such HVAC Unit, (ii) the presence or absence of such HVAC Unit will not cause any delay in the Term Commencement Date, (iii) Landlord makes no representations or warranties as to the condition or suitability of such HVAC Unit for Tenant’s use, and (iv) Tenant shall be solely responsible for such HVAC Unit (including, without limitation, for insurance, safety and maintenance).

Heat and Air-Conditioning. Landlord shallA. Any use of the demised premises, through or any part thereof, or rearrangement of partitioning in a manner that interferes with normal operation of the Building heating heat, ventilation or air-conditioning systems (hereinafter referred to as the "systems") servicing the same, may require changes in such systems. Such changes, so occasioned, shall be made by Tenant, at its expense, subject to Landlord's prior written approval of such changes, which approval may be withheld for any reason. Tenant shall not make any change, alteration, addition or substitution to the system providing heating, ventilating and air-conditioning systemwithout Landlord's prior written approval, which may be withheld for any reason. B. Landlord, at its expense, shall maintain and operate the systems (inclusive of the package air-conditioning unit serving the Demised Premises) and subject to energy conservation requirements of governmental authorities, shall furnish heat and ventilating (hereinafter collectively referred to and distribute as the "service") in the Premises heat demised premises during "regular hours" (that is between the Hours hours of Operation 8:00 A.M. and 6:00 P.M.) of "business days" (which term is used herein to mean all days except Saturdays, Sundays and days now or hereafter observed by the normal heating season Federal or New York State government as legal holidays and air conditioning during those now or hereafter designated by the Hours of Operation of applicable building service union employees service contract or by the normal cooling season when air conditioning applicable Operating Engineers contract) as may reasonably be required for the comfortable occupancy of the demised premises. If Tenant shall require heating or ventilating service at any other time (hereinafter referred to as "after hours"), Landlord shall furnish such after hours service upon reasonable advance notice from Tenant, and Tenant shall pay on demand Landlord's cost. Air-conditioning shall be provided to the Demised Premises by Tenant. Landlord shall not be required to furnish heat and means of the packaged air-conditioning in units servicing the Demised Premises in excess of the capacity of the equipment installed in the Building. If Tenant requests Landlord to provide heat or air conditioning beyond the Hours of Operationwhich may be operated by Tenant, Tenant shall pay Landlord therefor at rates reasonably established by Landlord from time to Tenant's option, at any time, to reflect Landlord’s actual cost without mxxxseven (7) days per week, twenty-up to Tenantfour (24) hours per day. If Tenant requires additional All I:\DATA\WPDOCS\15255_00.015\RES_LEAL\97021622 1525500015 BES:PAL FIRST WILLOW, LLC OFFICE LEASE MANCHESTER 040297 052197 060497 061697 electricity used in connection with such packaged air-conditioning outside of normal Hours of Operation for business machines, meeting rooms or other purposes, or because of occupancy or unusual electrical loads, any additional air-conditioning units, chillers, condensers, compressors, ducts, piping and other equipment and facilities will units shall be installed and maintained by Landlord at Tenant’s sole cost, but only to the extent that the same are compatible with the Building and its mechanical systems. During the Term, Tenant may use the existing supplemental HVAC unit supplied in the Premises (the “HVAC Unit”). Tenant acknowledges and agrees that, (i) Landlord shall have no obligation or liability with respect to any such HVAC Unit, (ii) the presence or absence of such HVAC Unit will not cause any delay in the Term Commencement Date, (iii) Landlord makes no representations or warranties as to the condition or suitability of such HVAC Unit for Tenant’s useaccordance with, and (iv) Tenant shall be solely responsible for such HVAC Unit (includingsubject to, without limitationall of the terms, for insurance, safety covenants and maintenance)conditions in Article 45 hereof.

Heat and Air-Conditioning. Landlord shall, through the Building heating and air-conditioning system, furnish to and distribute in the Premises reasonable levels of heat during the Hours of Operation of the normal heating season and reasonable levels of air conditioning during the Hours of Operation of the normal cooling season when air conditioning may reasonably be required for the comfortable occupancy of the Premises by Tenant. Notwithstanding the foregoing, Landlord shall not be required to furnish heat and air-conditioning in the Premises in excess of the capacity of the equipment installed in the Building, provided that such equipment shall be sufficient to meet the Heat and Air Conditioning Specifications attached hereto as Exhibit C-2. If Tenant requests Landlord to provide heat or air conditioning beyond the Hours of Operation, Tenant shall pay Landlord therefor at rates reasonably established by Landlord from time to time, to reflect Landlord’s 's actual cost without mxxx-up to Tenantcost. If Tenant requires additional air-conditioning outside of normal Hours of Operation for business machines, meeting rooms or other purposes, or because of occupancy or unusual electrical loads, any additional air-conditioning units, chillers, condensers, compressors, ducts, piping and other equipment and facilities will be installed and maintained by Landlord at Tenant’s 's sole cost, but only to the extent that the same are compatible with the Building and its mechanical systems. During Notwithstanding the Termforegoing, Tenant may use construct or install a supplemental air conditioning system on the existing supplemental HVAC unit in roof of the Building, subject to Landlord's approval pursuant to the provisions of Article XII, that will provide additional air conditioning to portions of the Premises (the “HVAC Unit”"Tenant's Supplemental AC System"). The construction or installation of Tenant's Supplemental AC System shall be governed by the provisions of Article XII. Tenant acknowledges shall, at its sole cost, be responsible for the maintenance, repair, replacement, and agrees that, (i) Landlord shall have no obligation or liability with respect to any such HVAC Unit, (ii) the presence or absence insurance of such HVAC Unit will not cause any delay in Tenant's Supplemental AC System during the Term Commencement Dateof this Lease, (iii) Landlord makes no representations or warranties as to the condition or suitability of such HVAC Unit for Tenant’s use, and (iv) Tenant shall same may be solely responsible for such HVAC Unit (including, without limitation, for insurance, safety and maintenance)extended.

Heat and Air-Conditioning. Landlord shall, through the Building heating and air-conditioning system, furnish to and distribute in the Premises heat during the Hours of Operation of the normal heating season and air conditioning during the Hours of Operation of the normal cooling season when air conditioning may reasonably be required for the comfortable occupancy of the Premises by TenantTenant in accordance with the Heating and Air Conditioning Specification set forth in Exhibit C-2. Landlord shall not be required to furnish heat and air-conditioning in the Premises in excess of the capacity of the equipment installed in the Building. If Tenant requests Landlord to provide heat or air conditioning beyond the Hours of Operation, Tenant shall pay Landlord therefor at rates reasonably established by Landlord from time to time which as of the date hereof is $40.00 per hour (subject to adjustment by Landlord from time to time), to reflect Landlord’s 's actual cost without mxxxxxxx-up to Tenant. If Tenant requires additional air-conditioning outside of normal Hours of Operation for business machines, meeting rooms or other purposes, or because of occupancy or unusual electrical loads, any additional air-conditioning units, chillers, condensers, compressors, ducts, piping and other equipment and facilities will be installed and maintained by Landlord at Tenant’s 's sole cost, but only to the extent that the same are compatible with the Building and its mechanical systems. During Notwithstanding the Termforegoing, Tenant may use the existing supplemental HVAC unit in the Premises (the “HVAC Unit”). Tenant acknowledges Tenant, at Tenant's cost, with Landlord's prior written consent, and agrees that, (i) Landlord shall have no obligation or liability with respect to any such HVAC Unit, (ii) the presence or absence of such HVAC Unit will not cause any delay in the Term Commencement Date, (iii) Landlord makes no representations or warranties as subject to the condition or suitability terms and provisions of such HVAC Unit for Tenant’s use, and this Lease (ivincluding but not limited to Section 5.9) Tenant shall be solely responsible permitted to install and extend air conditioning service to Tenant's computer room, provided the costs of electricity used in such service are paid for such HVAC Unit (including, without limitation, for insurance, safety and maintenance)by Tenant.