Common use of Heat, Ventilating and Air Conditioning Clause in Contracts

Heat, Ventilating and Air Conditioning. 9.01 Landlord shall maintain and operate heating and ventilating systems and shall furnish heat and ventilating in the Premises through the systems in conformity and subject to the capacity of such systems. Such heat and ventilating shall be furnished as Landlord reasonably deems necessary and appropriate during the Hours of Operation. 9.02 In the event, Tenant wishes, at its sole cost and expense, to air condition or heat any portion or all of the Premises by virtue of Tenant’s installation of window air conditioning units with equipment fixtures, and systems in connection therewith (collectively “Air Conditioning Improvements”) and/or supplemental heating equipment, units or systems, then any and all costs associated with the installation, operation, repair, replacement, etc. of the window air conditioning equipment, fixtures and units and supplemental heating units, equipment and systems or split systems shall be the sole responsibility of the Tenant. Tenant shall not install any air conditioning or supplemental heating units, systems or equipment without the consent of Landlord, which consent will not be unreasonably withheld and such units, equipment and systems shall be installed in accordance with all town and state building requirements and Article V of this lease agreement. Tenant agrees, at its sole cost and exclusive, to have installed separate electricity circuits, meters and/or submeters measuring electricity consumption arising from the operating and usage of the Air Conditioning Improvements and agrees to promptly pay fully for any and all electric costs associated with said Air Conditioning Improvements and any supplemental heating units. Upon expiration or sooner termination of this Lease, the Tenant shall remove the Air Conditioning Units and restore the Premises including, but not limited to, the Building, as required under the Lease, except as set forth below. Notwithstanding the foregoing, as partial consideration for Landlord entering into this Lease, Tenant shall, at Landlord’s option, to be exercised in the sole discretion of the Landlord at any time prior to the expiration or earlier termination of the term of the Lease, convey and surrender to Landlord or its designee all or such portion of the Air Conditioning Units that Landlord shall request and Landlord shall thereafter use or dispose of the same in Landlord’s sole discretion. Such conveyance shall be without any further consideration from Landlord and although this provision is self-operative, Tenant shall at Landlord’s request deliver a bill of sale to Landlord for such personal property designated by Landlord and such conveyance shall be free and clear of all liens and encumbrances. If the Landlord has not elected to have Tenant convey and/or surrender any or all of Air Conditioning Units as set forth above and Tenant fails to remove such items of Air Conditioning Units upon the expiration or sooner termination of this Lease that Landlord has not elected to have Tenant convey and/or surrender to Landlord, then all such items of Air Conditioning Units shall become the property of the Landlord at the option of the Landlord and Landlord may retain or dispose of in any manner such items of the Air Conditioning Units remaining in the Premises without any liability whatsoever.

Heat, Ventilating and Air Conditioning. 9.01 (a) Landlord shall maintain and operate the heating and ventilating systems and system (hereafter referred to as the "HEATING system") and, subject to energy conservation requirements of governmental authorities, shall furnish heat and ventilating in the Demised Premises consistent with the standards provided in comparable buildings in the same municipality as the Building (hereinafter referred to as the "HEAT SERVICE"). Heat service shall be provided from 8:00 AM to 6:00 PM on Monday through Friday ("BUSINESS HOURS") except for days (hereinafter referred to as "holidays") observed by the systems in conformity Federal or New Jersey State government as legal holidays or the building service employees' union holidays. The cost of fuel for the heating system and subject any maintenance and repairs to the capacity of such systems. Such heat and ventilating heating system shall be furnished as Landlord reasonably deems necessary included in and appropriate during the Hours paid by Tenant with Tenant's Proportionate Share of OperationOperating Expenses. 9.02 In (b) Air-conditioning shall be provided during Business Hours to Tenant by the eventair-conditioning system(s) (hereinafter referred to as the "A/C SYSTEMS") servicing the Demised Premises. Landlord shall maintain, service, repair and replace (as required) the AIC Systems. Tenant wishesagrees to notify Landlord of any required maintenance, at its sole cost and expenseservice, to air condition repair or heat any portion or all replacement of the Premises A/C Systems promptly following Tenant's determination of the requirement therefor. The cost of fuel for the A/C Systems and any maintenance and repairs to the A/C Systems shall be included in and paid by virtue Tenant with Tenant's Proportionate Share of Tenant’s installation of window Operating Expenses. (c) If Tenant shall require heat or air conditioning units with equipment fixturesservice at any times other than during Business Hours (hereinafter referred to as "AFTER HOURS"), Landlord shall furnish such after hours service upon reasonable advance notice from Tenant, and systems in connection therewith (collectively “Air Conditioning Improvements”) and/or supplemental heating equipment, units or systems, then any and all costs associated with the installation, operation, repair, replacement, etc. of the window air conditioning equipment, fixtures and units and supplemental heating units, equipment and systems or split systems shall be the sole responsibility of the Tenant. Tenant shall not install any air conditioning or supplemental heating units, systems or equipment without the consent of Landlord, which consent will not be unreasonably withheld and such units, equipment and systems shall be installed in accordance with all town and state building requirements and Article V of this lease agreement. Tenant agrees, at its sole cost and exclusive, to have installed separate electricity circuits, meters and/or submeters measuring electricity consumption arising from the operating and usage of the Air Conditioning Improvements and agrees to promptly pay fully for any and all electric costs associated with said Air Conditioning Improvements and any supplemental heating units. Upon expiration or sooner termination of this Lease, the Tenant shall remove the Air Conditioning Units and restore the Premises including, but not limited to, the Building, as required under the Lease, except as set forth below. Notwithstanding the foregoing, as partial consideration for Landlord entering into this Lease, Tenant shall, at Landlord’s option, to be exercised in the sole discretion of the Landlord at any time prior to the expiration or earlier termination of the term of the Lease, convey and surrender to Landlord or its designee all or such portion of the Air Conditioning Units that Landlord shall request and Landlord shall thereafter use or dispose of the same in Landlord’s sole discretion. Such conveyance shall be without any further consideration from Landlord and although this provision is self-operative, Tenant shall at Landlord’s request deliver a bill of sale on demand to Landlord for such personal property designated after hour service at the rate of $75.00 per hour with a minimum of one hour of service and thereafter in one hour increments. In the event the after hours service is shared by Landlord and such conveyance other tenants, the cost thereof shall be free and clear of all liens and encumbrances. If the Landlord has not elected to have Tenant convey and/or surrender any or all of Air Conditioning Units as set forth above and Tenant fails to remove such items of Air Conditioning Units upon the expiration or sooner termination of this Lease that Landlord has not elected to have Tenant convey and/or surrender to Landlord, then prorated among all such items of Air Conditioning Units shall become the property tenants. 17.02 Use of the Landlord at Demised Premises, or any part thereof, in a manner exceeding the option design conditions (including occupancy and connected electrical load) of the Landlord heating system and Landlord may retain A/C Systems, rearrangement of partitioning or dispose opening of windows in any manner such items the Demised Premises while the heating system and A/C Systems are in operation which interferes with normal operation of the Air Conditioning Units remaining heat, ventilation and air-conditioning in the Premises without any liability whatsoeverDemised Premises, may require changes in the heating system and A/C Systems. Such changes, so occasioned, shall be made by Tenant, at its expense, as Tenant's Changes pursuant to Article 13.

Heat, Ventilating and Air Conditioning. 9.01 7.01 Landlord shall furnish to the Demised Premises through the Building heating, ventilating and air conditioning system(s) heated, outside and conditioned air, at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocity, during Standard Business Hours; and on Washington's Birthday Landlord shall furnish heat, in accordance with such standards, but not cleaning or any other services. The foregoing performance specifications shall be subject to said systems being balanced. Landlord, as a Cost of Operation, shall maintain and operate heating and ventilating such systems and shall furnish heat heat, ventilation and air-conditioning in the Demised Premises through such systems, subject to Section 11.06, in compliance with such performance specifications, during Standard Business Hours. Upon reasonable advance notice from Tenant, Landlord shall furnish heating, cooling or ventilating service at any time other than Standard Business Hours (hereinafter called "After Hours"). Tenant shall advise Landlord if Tenant plans to use the Demised Premises After Hours. If Tenant shall request or use such services After Hours, Tenant shall pay Landlord therefor, as additional rent and upon rendition of a xxxx therefor, the After Hours Heating Charge, After Hours Cooling Charge and After Hours Ventilating Charge, as applicable, all of which charges shall be subject to adjustment upward from time to time by the same percentage as the increase in the rates of the applicable utilities or other energy sources (or, if a combination thereof, then of the weighted average of the components) used to provide the respective service. 7.02 Any damage caused to the heating, air conditioning, and ventilating equipment, appliances or appurtenances an a result of the negligence of, or careless operation of the same by, Tenant or its agents, servants, employees, licensees, invitees, or visitors shall be repaired by Landlord, and the cost and expense thereof shall be paid by Tenant, as additional rent, within ten (10) days after being billed therefor. 7.03 Tenant shall be responsible for the failure of the air-conditioning systems to adequately cool and dehumidify the Demised Premises where such failure results from the occupancy of the Demised Premises with more than an average or one person for each one hundred and seventy-five (175) square feet of the Leased Floor Space or where Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds four (4) xxxxx per square foot of the Leased Floor space in any one room or other area or where any part of the Demised Premises is used other than for offices (including, without limitation, conference rooms, computer rooms, equipment rooms and kitchens) where the heat release, heat variation or personnel occupancy is greater than in normal office space. If due to use of the Demised Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Demised Premises, interference with normal operation of the air conditioning in the Premises through Demised Promises results, necessitating changes in the systems in conformity and subject to air conditioning system servicing the capacity of Demised Premises, such systems. Such heat and ventilating changes shall be furnished as made by Landlord reasonably deems necessary and appropriate during the Hours of Operation. 9.02 In the event, upon written notice to Tenant wishes, at its Tenant's sole cost and expense. Tenant agrees to keep all windows closed, and to air condition or heat any portion or all lower and close window coverings when necessary because of the Premises by virtue of Tenant’s installation of window sun's position whenever the said air conditioning units with equipment fixturessystem is in operation, and systems in connection therewith (collectively “Air Conditioning Improvements”) and/or supplemental heating equipmentTenant agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the said air conditioning system. Landlord, units or systemsthroughout the Term, then shall have free and unrestricted access to any and all costs associated with the installation, operation, repair, replacement, etc. of the window air conditioning equipmentfacilities in the Demised Premises. Landlord shall not be required to furnish, fixtures and units and supplemental heating units, equipment and systems or split systems shall be the sole responsibility of the Tenant. Tenant shall not install be entitled to receive any air conditioning or supplemental heating units, systems or equipment without the consent of Landlord, which consent will not be unreasonably withheld and such units, equipment and systems during any period wherein Tenant shall be installed in accordance with all town and state building requirements and Article V of this lease agreement. Tenant agrees, at its sole cost and exclusive, to have installed separate electricity circuits, meters and/or submeters measuring electricity consumption arising from the operating and usage of the Air Conditioning Improvements and agrees to promptly pay fully for default in any and all electric costs associated with said Air Conditioning Improvements and any supplemental heating units. Upon expiration or sooner termination material provision of this Lease, the Tenant shall remove the Air Conditioning Units and restore the Premises including, but not limited to, the Building, as required under the Lease, except as set forth below. Notwithstanding the foregoing, as partial consideration for Landlord entering into this Lease, Tenant shall, at Landlord’s option, to be exercised in the sole discretion of the Landlord at any time prior to the expiration or earlier termination of the term of the Lease, convey and surrender to Landlord or its designee all or such portion of the Air Conditioning Units that Landlord shall request and Landlord shall thereafter use or dispose of the same in Landlord’s sole discretion. Such conveyance shall be without any further consideration from Landlord and although this provision is self-operative, Tenant shall at Landlord’s request deliver a bill of sale to Landlord for such personal property designated by Landlord and such conveyance shall be free and clear of all liens and encumbrances. If the Landlord has not elected to have Tenant convey and/or surrender any or all of Air Conditioning Units as set forth above and Tenant fails to remove such items of Air Conditioning Units upon the expiration or sooner termination of this Lease that Landlord has not elected to have Tenant convey and/or surrender to Landlord, then all such items of Air Conditioning Units shall become the property of the Landlord at the option of the Landlord and Landlord may retain or dispose of in any manner such items of the Air Conditioning Units remaining in the Premises without any liability whatsoever.

Heat, Ventilating and Air Conditioning. 9.01 SECTION 1. Subject to Section 8 of Article 6 hereof, Landlord shall furnish to the Demised Premises through the Building heating, ventilating and air conditioning system(s) heated, outside and conditioned air, during Standard Business Hours based upon, and meeting the standards of The American Society of Heating, Refrigeration and Air-Conditioning Engineers for commercial office buildings. The foregoing performance specifications shall be subject to said systems being balanced by Landlord at reasonable periods of time. Landlord shall maintain and operate heating and ventilating such systems and shall furnish heat heat, ventilation and air-conditioning in the Demised Premises through such systems, subject to Section 8 of Article 6, in compliance with such performance specifications, during Standard Business Hours. Upon reasonable advance notice from Tenant, by Tenant's call to Landlord's employee stationed at the console desk in the Building, Landlord shall furnish heating, cooling or ventilating service at any time other than Standard Business Hours (hereinafter called "After Hours"). Tenant shall pay Landlord as additional rent and upon rendition of a bill xxxrefor, $175.00 per hour for such services ("After Hours HVAC Charge"). The After Hours HVAC Charge does not apply to that portion of the Submetered Premises, as defined by Section 5 of Article 5 hereof, for which Tenant is obligated to pay for electricity used After Hours for heating, ventilating and air conditioning of the Operations Center and Executive Center in accordance with Section 5 of Article 5 hereof. The After Hours HVAC Charge shall be subject to adjustment upward from time to time based on Landlord's reasonable estimate of the cost of providing such services, provided, however, that such adjustment shall never exceed the amount arrived at by multiplying the After Hours HVAC Charge by the percentage difference between the Price Index for the month in which Landlord is seeking to make such adjustment and the Price Index for the Base Month. SECTION 2. Any damage caused to the heating, air conditioning, and ventilating equipment, or appurtenances as a result of the negligence of, or careless operation of the same by, Tenant or its agents, servants, employees, licensees, invitees, or visitors shall be repaired by Landlord, and the cost and expense thereof shall be paid by Tenant, as additional rent, within ten (10) days after being billed therefor. SECTION 3. Notwithstanding the foregoing provisions of this Section, Landlord shall not be responsible if the normal operation of the heating, air conditioning and ventilation systems shall fail to provide heated and outside air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portion of the Demised Premises (i) which shall have an electrical load in excess of six (6) wattx xxx rentable square foot connected load, or which shall have a human occupancy factor in excess of one (1) person per two hundred fifty (250) square feet of usable area (the average electrical load and human occupancy factors for which the air conditioning systems are designed), or (ii) because of any rearrangement of partitioning or other improvements made or performed by or on behalf of Tenant or any person claiming through or under Tenant, or because part of the Demised Premises is used other than for offices (including, without limitation, conference rooms, computer rooms, equipment rooms and kitchens) where the heat release, heat variation or personnel occupancy is greater than in normal office space. If due to use of the Demised Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Demised Premises, interference with normal operation of the air conditioning in the Demised Premises through results, necessitating changes in the systems in conformity and subject to air conditioning system servicing the capacity of Demised Premises, such systems. Such heat and ventilating changes shall be furnished as made by Landlord reasonably deems necessary and appropriate during the Hours of Operation. 9.02 In the event, upon written notice to Tenant wishes, at its Tenant's sole cost and expense. Landlord, throughout the Lease Term, shall have free and unrestricted access to air condition or heat any portion or all of the Premises by virtue of Tenant’s installation of window air conditioning units with equipment fixtures, and systems in connection therewith (collectively “Air Conditioning Improvements”) and/or supplemental heating equipment, units or systems, then any and all costs associated with the installation, operation, repair, replacement, etc. of the window air conditioning equipmentfacilities in the Demised Premises, fixtures as needed. SECTION 4. Landlord and units and supplemental heating unitsTenant agree to operate the heating, equipment and systems or split systems shall be the sole responsibility of the Tenant. Tenant shall not install any air conditioning or supplemental heating units, systems or and ventilating equipment without the consent of Landlord, which consent will not be unreasonably withheld and such units, equipment and systems shall be installed in accordance with all town their design criteria unless a recognized and state building requirements applicable energy conservation law, program, guideline, regulation or recommendation promulgated by any Federal, State, City or other governmental or quasi-governmental bureau, board, department, agency, office commission or other subdivision thereof or the American Society of Heating, Refrigeration and Article V of this lease agreement. Tenant agrees, at its sole cost and exclusive, to have installed separate electricity circuits, meters and/or submeters measuring electricity consumption arising from the operating and usage of the Air Conditioning Improvements and agrees to promptly pay fully Engineers, Inc. or any successor thereto or other organization serving a similar function shall provide for any and all electric costs associated with reduction in operations below said Air Conditioning Improvements and any supplemental heating units. Upon expiration or sooner termination of this Leasedesign criteria, the Tenant shall remove the Air Conditioning Units and restore the Premises including, but not limited to, the Building, as required under the Lease, except as set forth below. Notwithstanding the foregoing, as partial consideration for Landlord entering into this Lease, Tenant shall, at Landlord’s option, to be exercised in the sole discretion of the Landlord at any time prior to the expiration or earlier termination of the term of the Lease, convey and surrender to Landlord or its designee all or which case such portion of the Air Conditioning Units that Landlord shall request and Landlord shall thereafter use or dispose of the same in Landlord’s sole discretion. Such conveyance equipment shall be without any further consideration from Landlord and although this provision is self-operativeoperated so as to provide reduced service in accordance with such law, Tenant shall at Landlord’s request deliver a bill of sale to Landlord for such personal property designated by Landlord and such conveyance shall be free and clear of all liens and encumbrances. If the Landlord has not elected to have Tenant convey and/or surrender any program, guideline, regulation or all of Air Conditioning Units as set forth above and Tenant fails to remove such items of Air Conditioning Units upon the expiration or sooner termination of this Lease that Landlord has not elected to have Tenant convey and/or surrender to Landlord, then all such items of Air Conditioning Units shall become the property of the Landlord at the option of the Landlord and Landlord may retain or dispose of in any manner such items of the Air Conditioning Units remaining in the Premises without any liability whatsoeverrecommendation.

Heat, Ventilating and Air Conditioning. 9.01 Landlord 17.01 Landlord, at its expense, shall maintain and operate heating the heating, ventilating and ventilating air-conditioning systems and (hereafter referred to as the "SYSTEMS") and, subject to energy conservation requirements of governmental authorities, shall furnish heat heat, ventilating and ventilating air-conditioning (hereinafter collectively referred to as the "AIR-CONDITIONING SERVICE") in the Demised Premises through the systems in conformity and subject to the capacity of such systems. Such heat and ventilating , which shall be furnished in compliance with the performance specifications in EXHIBIT C. Air-conditioning shall be provided from May 15 through October 15 during "REGULAR HOURS" (that is between the hours of 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 Federal or New York State government as Landlord reasonably deems necessary legal holidays and appropriate those now or hereafter designated by the applicable building service union employees service contract or by the applicable Operating Engineers contract) throughout the year. Heating and ventilation shall be provided during the Hours of Operation. 9.02 In the event, Tenant wishes, at its sole cost and expense, to air condition or heat any portion or all other periods of the year as may be required for comfortable occupancy of the Demised Premises by virtue during regular hours of business days. If Tenant shall require heating, ventilating or air-conditioning service at any other time (hereinafter referred to as "AFTER HOURS"), Landlord shall furnish such after hours service upon reasonable advance notice from Tenant’s installation of window air conditioning units with equipment fixtures, and systems in connection therewith (collectively “Air Conditioning Improvements”) and/or supplemental heating equipment, units or systems, then any and all costs associated with the installation, operation, repair, replacement, etc. of the window air conditioning equipment, fixtures and units and supplemental heating units, equipment and systems or split systems shall be the sole responsibility of the Tenant. Tenant shall not install any air conditioning or supplemental heating units, systems or equipment without the consent of Landlord, which consent will not be unreasonably withheld and such units, equipment and systems shall be installed in accordance with all town and state building requirements and Article V of this lease agreement. Tenant agrees, at its sole cost and exclusive, to have installed separate electricity circuits, meters and/or submeters measuring electricity consumption arising from the operating and usage of the Air Conditioning Improvements and agrees to promptly pay fully for any and all electric costs associated with said Air Conditioning Improvements and any supplemental heating units. Upon expiration or sooner termination of this Lease, the Tenant shall remove the Air Conditioning Units and restore the Premises including, but not limited to, the Building, as required under the Lease, except as set forth below. Notwithstanding the foregoing, as partial consideration for Landlord entering into this Lease, Tenant shall, at Landlord’s option, to be exercised in the sole discretion of the Landlord at any time prior to the expiration or earlier termination of the term of the Lease, convey and surrender to Landlord or its designee all or such portion of the Air Conditioning Units that Landlord shall request and Landlord shall thereafter use or dispose of the same in Landlord’s sole discretion. Such conveyance shall be without any further consideration from Landlord and although this provision is self-operative, Tenant shall at Landlord’s request deliver a bill of sale to Landlord for such personal property designated by Landlord and such conveyance shall be free and clear of all liens and encumbrances. If the Landlord has not elected to have Tenant convey and/or surrender any or all of Air Conditioning Units as set forth above and Tenant fails to remove such items of Air Conditioning Units upon the expiration or sooner termination of this Lease that Landlord has not elected to have Tenant convey and/or surrender to Landlord, within thirty (30) days after receipt of an invoice therefor, the then Building standard charge for such after hours service which presently is $315.00 per hour per zone of the Building Systems which must be operated to provide such after hours service to the portions of the Demised Premises for which such service was requested and which charge is subject to increase as Landlord's costs to provide such after hours service increases. Landlord represents that the floors of the Demised Premises are located in a one zone comprised of the sixteenth (16th) through the twenty-first (21st) floors of the Building. In the event the after hours service is shared by other tenants, the cost thereof shall be prorated among all such items of Air Conditioning Units shall become the property of the Landlord at the option of the Landlord and Landlord may retain or dispose of in any manner such items of the Air Conditioning Units remaining tenants. Notwithstanding anything in the Premises without any liability whatsoeverforegoing to the contrary, after hours air-conditioning service may only be requested from May 15 through October 15 or at such other times as Landlord is operating such air-conditioning service.