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

Heat, Ventilation and Air Conditioning. (a) Landlord shall provide heat and air-conditioning to the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise.

Heat, Ventilation and Air Conditioning. (a) Landlord 17.01 Landlord, at its expense, shall provide heat maintain and operate the heating, ventilating and air-conditioning systems (hereafter referred to as the “systems”) and, subject to energy conservation requirements of governmental authorities, shall furnish heat, ventilating and air-conditioning (hereinafter collectively referred to as the “air-conditioning service”) in the Demised Premises through the systems, which shall be in compliance with the performance specifications of the systems installed by Landlord in the Building. 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 Jersey State government as legal holidays and those now or hereafter designated by the applicable Building service union employees service contract or by the applicable Operating Engineers contract (collectively “holidays”) and on Business Days Saturdays, excluding holidays, from 7:00 9:00 A.M. to 8:00 P.M., 1:00 P.M. throughout the year. Heating and Saturdays from 8:00 A.M. to 4:00 P.M., when ventilation shall be provided during other periods of the year as may be required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Demised Premises (provided, in no event during regular hours of business days. If Tenant shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard require heating, ventilating and air or air-conditioning system service at any other time (the hereinafter referred to as “Building Heating HVAC Systemafter hours”), Landlord shall furnish such after hours service upon reasonable advance notice from Tenant, and Tenant shall pay on demand Landlord’s cost, (including but not limited to all costs of labor, including overtime labor, to operate the systems), plus twenty (20%) percent. In the event the after hours service is shared by other tenants, the cost thereof shall be prorated among all such tenants. Notwithstanding anything in the foregoing to the contrary, after hours air-conditioning service may only be requested from May 15 through October 15. (a) Use of the Demised Premises, or any part thereof, in a manner exceeding the design conditions (including occupancy and connected electrical load) specified for the systems, rearrangement of partitionings or opening of windows in the Demised Premises while the systems are in operation which interferes with normal operation of the heat, ventilation and air-conditioning in the Demised Premises, may require changes in the systems. Such changes, so occasioned, shall be made by Tenant, at its expense, as Tenant’s Changes pursuant to Article 13. (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the normal operation Tenant’s usage of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions existing building systems will only require of meeting the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe following criteria for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise.conditioning:

Heat, Ventilation and Air Conditioning. (aA) Subject to the terms of Article 10 hereof and this Section 4.3, Landlord shall operate the HVAC System to provide heat and air-conditioning to HVAC at the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for trunk ducts at the comfortable use and occupancy core of the Premises (provided, in no event shall and through the Premises be deemed comfortable for use and occupancy if perimeter induction units that are installed along the temperature exterior wall of the Premises is colder than 66 degrees in that satisfies, at a minimum, the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, ventilating specifications set forth on Exhibit "4.3" attached hereto and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premisesmade a part hereof. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than make any installations in the hours and days set forth in this Section 10.2 for Premises to distribute HVAC within the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior Premises except to the time when such service shall be required. Accordinglyextent part of Landlord's Work (subject, if Landlord shall furnish heat or air-conditioning however, to Landlord's obligation to maintain and repair the convector heating system that is installed along the exterior wall of the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b8.1 hereof). Subject to the provisions of Section 8.1 hereof and Section 8.3(B) hereof, entitle Tenant Landlord shall not be required to repair or maintain during the Term (i) any abatement or diminution of Fixed Rent or Additional Rentinstallations that exist in the Premises on the Commencement Date that distribute within the Premises HVAC that the HVAC System provides, or relieve (ii) any system that is located in the Premises on the Commencement Date that provides supplemental HVAC for the Premises (in addition to the HVAC provided by the HVAC System). Tenant from any shall keep closed the curtains, blinds, shades or screens that Tenant installs on the windows of its obligations under this Leasethe Premises in accordance with the terms hereof to the extent reasonably necessary to reduce the interference of direct sunlight with the operation of the HVAC System. (B) Landlord shall operate the HVAC System for Tenant's benefit during Overtime Periods if Tenant so advises Landlord not later than 12:00 pm on the Business Day on which Tenant requires HVAC during Overtime Periods (if Tenant requires such HVAC on a Business Day) or not later than 12:00 pm on the Business Day immediately preceding the day on which Tenant requires HVAC during Overtime Periods (if the day on which Tenant requires such HVAC is not a Business Day). Landlord shall use reasonable efforts to provide HVAC during Overtime Periods even if Tenant so advises Landlord later than 12:00 pm on the Business Day on which Tenant requires HVAC during Overtime Periods (if Tenant requires such HVAC on a Business Day) or later than 12:00 pm on the Business Day immediately preceding the day on which Tenant requires HVAC during Overtime Periods (if the day on which Tenant requires such HVAC is not a Business Day). If Landlord so provides HVAC to the Premises during Overtime Periods (as so requested by Tenant), then Tenant shall pay to Landlord, as additional rent, an amount calculated at the hourly rate of Six Hundred Seventy-Four and No/100 Dollars ($674.00) (which amount shall be increased on each anniversary of the Pre-Delivery Work Substantial Completion Date to reflect the increase, if any, in the actual costs that Landlord incurs in providing such HVAC during Overtime Periods), within thirty (30) days after Landlord gives to Tenant an invoice therefor. Landlord shall have the right to charge Tenant for a particular minimum number of hours (which is currently four (4) hours) of usage of the HVAC System during Overtime Periods to the extent that the applicable union contract or service contract requires Landlord to engage the necessary personnel (including, without limitation, a building engineer) for such minimum number of overtime hours. If (x) Landlord so provides HVAC to the Premises during an Overtime Period (as so requested by Tenant), and (y) another tenant requests or other tenants in premises that are in the same zone as the Premises request HVAC during the same Overtime Period, then Landlord shall reduce equitably Landlord's aforesaid charge to Tenant for HVAC during such Overtime Period to reflect such other tenant's use, or impose any liability upon Landlord or its agents by reason such other tenants' use, of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseHVAC during such Overtime Period.

Heat, Ventilation and Air Conditioning. (aA) Subject to the terms of Article 10 hereof and this Section 4.3, Landlord shall operate the HVAC System to provide heat and air-conditioning to HVAC at the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy perimeter of the Premises (provided, in no event shall accordance with other comparable office buildings not owned by Affiliates of Landlord in the Premises be deemed comfortable for use and occupancy if the temperature vicinity of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the PremisesBuilding. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning repair or maintain during periods other than the hours and days set forth Term any system that is located in this Section 10.2 the Premises on the Commencement Date that provides supplemental HVAC for the furnishing and distributing Premises (in addition to the HVAC provided by the HVAC System). Tenant shall keep closed the curtains, blinds, shades or screens that Tenant installs on the windows of such services the Premises in accordance with the terms hereof to the extent reasonably necessary to reduce the interference of direct sunlight with the operation of the HVAC System. (“B) Landlord shall operate the HVAC System for Tenant’s benefit during Overtime Periods if Tenant so advises Landlord not later than 2:00 pm on the Business Day immediately preceding the day on which Tenant requires HVAC during Overtime Periods”), unless . If Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning so provides HVAC to the Premises at the request of Tenant during Overtime PeriodsPeriods (as so requested by Tenant), then Tenant shall pay to Landlord, as Additional Rentadditional rent, on a monthly basis, for such services an amount calculated at the standard rate then fixed by reasonable hourly rates that Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord charges from time to time based on therefor, within thirty (30) days after Landlord gives to Tenant an invoice therefor. Landlord’s customary ratescharges therefor as of the date hereof are attached hereto as Exhibit “4.2”. If (x) Landlord so provides HVAC to the Premises during an Overtime Period (as so requested by Tenant), and (y) another tenant requests or other tenants request HVAC during the same Overtime Period, then Landlord shall reduce equitably Landlord’s aforesaid charge to Tenant for HVAC during such Overtime Period to reflect such other tenant’s use, or such other tenants’ use, of HVAC during such Overtime Period. Failure by Landlord shall have the right to furnish or distribute heat, air-conditioning or any other services charge Tenant for a particular minimum number of hours of usage of the HVAC System during Overtime Periods shall not constitute an actual to the extent that the applicable union contract or constructive evictionservice contract requires Landlord to engage the necessary personnel (including, in whole or in partwithout limitation, or, except as provided in Section 10.6(ba building engineer) hereof, entitle Tenant to any abatement or diminution for such minimum number of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseovertime hours.

Heat, Ventilation and Air Conditioning. (a) Landlord shall provide heat and air-conditioning to the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 6:00 P.M., when required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer)Premises, through use of the Building standard heating, ventilating and air conditioning heating system (the “"Building Heating HVAC System”"). (b) Notwithstanding anything Anything in this Section 10.2 9.3 to the contrarycontrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premisestemperatures. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 9.3 for the furnishing and distributing of such services (“"Overtime Periods”"), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basisRent within ten (10) days after demand, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates)Building. Failure by Landlord to furnish or distribute heat, air-conditioning heat or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, or entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s 's business or otherwise. (d) Landlord shall have no obligation to provide air-conditioning or ventilation services to the Premises. Landlord agrees that Tenant shall have the right to utilize the existing air-cooled package air-conditioning unit ("Tenant's HVAC System") serving the Premises, and to expand Tenant's HVAC System, subject to the provisions of Article

Heat, Ventilation and Air Conditioning. (a) Landlord shall provide heat and 16.1 To the extent there are one or more air-conditioning units (collectively, the "Unit") located in and serving the Demised Premises, Tenant shall, at its expense, operate and maintain the Unit. Tenant's obligation to maintain the Premises Unit shall include, but not be limited to, the periodic cleaning and/or replacement of filters, replacement of fuses and belts, the calibration of thermostats and all startup and shut down maintenance of the Unit. Such maintenance obligations shall be performed throughout the term of this Lease, on Business Days from 7:00 A.M. to 8:00 P.M.Tenant's behalf, by a reputable air conditioning maintenance company engaged by Tenant at its expense, and Saturdays from 8:00 A.M. first approved by Landlord. In the event Tenant shall fail to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, ventilating and engage an air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrarymaintenance company as aforesaid, Landlord may (but shall not be responsible if obligated to) perform such maintenance and/or engage an air conditioning service company at Tenant's expense to perform the normal aforesaid maintenance to the Unit, and Tenant shall pay on demand as additional rent hereunder all expenses incurred by Landlord in connection therewith. All electricity used in connection with the operation of the Unit shall be obtained by Tenant upon, and subject to, all of the terms, covenants and conditions contained in Article 15 hereof. The Unit currently utilizes condenser water from the Building Heating HVAC System condenser water system. Tenant shall fail pay for all condenser water required for the operation of the Unit at Landlord's usual charge therefor (currently $758 per ton per year), as the same may be increased from time to provide heat time. Such payments shall be as additional rent monthly or as otherwise required by Landlord in accordance with Landlord's invoices therefor. Tenant shall, at its sole cost and expense, perform any and all necessary repairs to, and cause any and all replacements of, the Unit. The existing Unit, and any replacements thereof or additional air conditioning at reasonable temperatures uniformly to all interior portions units installed by Tenant during the term of the Premises. Tenant this lease shall be and remain at all times shall cooperate fully with Landlord the property of Landlord, and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, surrender the Unit and all such repairs and replacements to Landlord in good working order and condition on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Expiration Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise.

Heat, Ventilation and Air Conditioning. (aA) Landlord shall provide heat and air-conditioning to deliver the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, ventilating and Tenant with an air conditioning system (the “Building Heating HVAC A/C System”) which shall be in good working order at the time of delivery of possession (subject to an inspection to be conducted by Landlord and Tenant at the time of delivery of possession). (b) Notwithstanding anything in this Section 10.2 . Tenant agrees and acknowledges that it has inspected the A/C System and that same is adequate, satisfactory and sufficient to the contrary, Landlord shall not be responsible if the normal Tenant’s needs with regard to its intended use and operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat make any installations in the Premises to distribute A/C within the Premises. Landlord shall not be required to conduct ordinary repairs or maintain the A/C System during the term but shall be required to conduct major repairs to the A/C System or replace same as the case may be in Landlord’s sole discretion. From and after the Commencement Date, Tenant shall at its sole cost and expense be responsible for the ordinary repair, maintenance and operation of any such units and any additions thereto. Within ten (10) days of the Commencement Date, Tenant shall enter into a written air-conditioning during periods other than the hours and days set forth in this Section 10.2 service contract for the furnishing and distributing of such services (“Overtime Periods”), unless units with a vendor acceptable to Landlord has received advance notice from Tenant requesting who shall pursuant to such service not less than twenty-contract regularly service and maintain said units at Tenant’s sole cost and expense. Tenant shall on demand deliver a copy of said service contract to Landlord. Said service contract shall be renewed annually during the entire Lease term by Tenant at its sole cost and expense. Tenant may operate the units on a twenty four (24) hours prior hour basis, seven days each week and the electricity consumed therefor shall be measured and paid for by Tenant pursuant to the time when such service shall be required. Accordingly, if terms and conditions of said Article 5. (B) Landlord shall furnish provide A/C service during Building Hours from May, 1 through October 15. Landlord shall provide condenser water during Building Hours and shall provide condenser water for Tenant’s A/C System during Overtime Periods (but in no event shall Tenant be charged for condenser water during Building Hours or required to pay a tap-in fee in connection therewith) if Tenant so advises Landlord not later than 2:00 PM of the Business Day immediately preceding the day on which Tenant requires heat or air-conditioning during Overtime Periods. If Landlord so provides condenser water to the Premises at the request of Tenant during Overtime PeriodsPeriods (as so requested by Tenant), then Tenant shall pay to Landlord, as Additional Rentadditional rent, on a monthly basis, for such services an amount calculated at the standard hourly rate then fixed by Landlord for the Building of $50 per hour per unit (which amount, as amount shall be increased on each anniversary of the Effective Commencement Date to reflect the percentage increase, if any, in the Consumer Price Index from the Consumer Price Index that is in effect on Commencement Date), is $50.00 per hour, subject within thirty (30) days after Landlord gives to adjustment by Tenant an invoice therefor. Landlord from time shall have the right to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services charge Tenant for a particular minimum number of hours of usage of the condenser water during Overtime Periods to the extent that the applicable union contract or service contract requires Landlord to engage the necessary personnel (including, without limitation, a building engineer) for such minimum number of overtime hours. (C) Landlord shall provide heat for Tenant’s benefit during Building Hours and during Overtime Periods if Tenant so advises Landlord not constitute later than 2:00 PM of the Business Day immediately preceding the day on which Tenant requires heat during Overtime Periods (but in no event shall Tenant be required to pay for heat during Building Hours). If Landlord so provides heat to the Premises during Overtime Periods (as so requested by Tenant), then Tenant shall pay to Landlord, as additional rent, an actual or constructive evictionamount calculated at the hourly rate of $250.00 which amount shall be increased on each anniversary of the Commencement Date to reflect the percentage increase, if any, in whole the Consumer Price Index from the Consumer Price Index that is in effect on Commencement Date), within thirty (30) days after Landlord gives to Tenant an invoice therefor. If (x) Landlord so provides heat to the Premises during an Overtime Period (as so requested by Tenant), and (y) another tenant requests or in partother tenants request heat during the same Overtime Period, or, except as provided in Section 10.6(b) hereof, entitle then Landlord shall reduce equitably Landlord’s aforesaid charge to Tenant for heating such Overtime Period to any abatement or diminution of Fixed Rent or Additional Rentreflect such other tenant’s use, or relieve such other tenants’ use, of heat during such Overtime Period. Landlord shall have the right to charge Tenant from any for a particular minimum number of its obligations under this Leasehours of usage of the heat during Overtime Periods to the extent that the applicable union contract or service contract requires Landlord to engage the necessary personnel (including, or impose any liability upon Landlord or its agents by reason without limitation, a building engineer) for such minimum number of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseovertime hours.

Heat, Ventilation and Air Conditioning. (a) 17.01 Landlord shall provide heat maintain and air-operate the heating, ventilation and air conditioning to the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees systems in the winter or warmer than 76 degrees Building and shall furnish heat, ventilation and air conditioning in the summerDemised Premises through such systems during regular business hours, but not before 8:00 A.M., or after 6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, Sundays and the days observed by the Federal or the Connecticut government as legal holidays), through use of the Building standard heating, . If Tenant shall require ventilating and air conditioning system service or heating service at any other time (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contraryhereinafter called "after hours", Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord's then established charges therefor on Landlord's demand, which charge is currently $11.00 per hour. Such charge may be increased by landlord as the costs to Landlord of providing such after hours service increases from time to time but such charges shall not exceed 121% of Landlord's actual cost of labor, utilities and equipment depreciation used in providing such after hours air conditioning or heating service. If any of the other tenants of the Building shall request and receive after hours heating or air conditioning service pursuant to Landlord's obligation to provide the same to them, at the same time as Tenant, only that equitably pro-rated portion of such labor and utilities costs as shall be incurred for such common service shall be charged to Tenant. 17.02 Landlord will not be responsible for the failure of the air conditioning system to meet performance specifications as stated in the "HVAC Specifications" annexed hereto as Exhibit D, if such failure results from the occupancy of the Demised Premises with more than an average of one person for each 100 square feet or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds seven wattx xxx square foot of floor area in any one room or other area. 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 Building Heating HVAC System shall fail to provide heat or air conditioning in the Demised Premises results, necessitating changes in the air conditioning system servicing the Demised Premises, such changes shall be made by Landlord upon written notice to Tenant at reasonable temperatures uniformly Tenant's sole cost and expense. Tenant agrees to all interior portions lower and close window coverings when necessary because of the Premises. sun's position whenever the air conditioning system is in operation, and Tenant agrees at all times shall to cooperate fully with Landlord and shall to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Demised Premises. Landlord shall not be required to furnish heat furnish, and air-Tenant shall not be entitled to receive, any air conditioning during any period wherein Tenant shall be in default, beyond applicable notice and grace periods other than the hours and days set forth in this Section 10.2 contained herein for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive evictioncure thereof, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution material provision of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise.

Heat, Ventilation and Air Conditioning. (a) Landlord shall provide heat and air-conditioning HVAC to the Premises on Business Days from 7:00 8:00 A.M. to 8:00 P.M., 7:00 P.M. and Saturdays from 8:00 9:00 A.M. to 4:00 P.M.1:00 P.M. (“Business Hours”), when required in Landlord’s reasonable judgment for the comfortable use and occupancy through local DX systems and/or perimeter heating systems located on each floor of the Premises (provided, installed by Landlord in no event shall accordance with the Premises be deemed comfortable for use and occupancy if the temperature specifications set forth on Schedule 1 of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer)Work Letter (and maintained by Landlord pursuant to Section 6.1(a) hereof) and including cooling towers, through use of the Building standard heatingpumps and associated equipment (collectively, ventilating and air conditioning system (sometimes referred to herein as the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to Tenant acknowledges that Tenant is solely responsible for the contrary, Landlord shall not be responsible if the normal operation design of the Building Heating air distribution system within the Premises and the adequacy of such system to distribute HVAC System therein, and no approval by Landlord of any proposed or final plans for such work shall fail constitute a representation or warranty by Landlord that such system will function to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premisesachieve its intended purpose. Tenant at all times shall cooperate fully with Landlord and shall abide by the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall make available to the Premises condenser water for the Building HVAC System 24 hours per day, 7 days per week; provided, however, that Landlord shall not be required to furnish heat and air-conditioning Building HVAC System services during periods other than the hours and days set forth in this Section 10.2 10.3 for the furnishing and distributing of such services (“Overtime Periods”), ) unless Landlord has received advance notice from Tenant requesting such service not less than twenty-services (“After Hours HVAC Service”) at least four (244) hours prior to the time when requested service, provided that Landlord shall endeavor to furnish such service shall be requiredservices during Overtime Periods upon shorter advance notice. Accordingly, if Landlord shall furnish heat or air-conditioning After Hours HVAC Service to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basisRent within thirty (30) days after demand, for such services After Hours HVAC Service at Landlord’s then current rates for the Building, which rates shall be calculated as the actual, reasonable out-of-pocket costs incurred by Landlord in providing such After Hours HVAC Service (without depreciation), including an imputed cost for electricity (it being acknowledged that such actual, reasonable out-of-pocket costs as of the date hereof are set forth on Schedule E attached hereto). As part of Tenant’s Initial Alterations, Tenant shall have the right to connect supplemental air conditioning units to the Building condenser water system within twenty-four (24) months after the Effective Date (as such twenty-four (24) month period may be extended on a day-for-day basis on account of any Force Majeure event) and Landlord shall provide the amount of condenser water required by such units, but in no event shall Landlord be required to provide in excess of twenty-five (25) tons of condenser water per full floor of the Premises therefor (it being agreed that at least three hundred fifty (350) tons of such condenser water shall be backed by the base Building generator); it being agreed that Tenant shall be entitled to allocate and redistribute such condenser water tonnage throughout the Premises at its discretion, subject to Landlord’s reasonable approval thereof pursuant to Article 4 hereof. Tenant shall pay, within thirty (30) days of demand by Landlord, the actual, reasonable out-of-pocket costs and expenses reasonably incurred by Landlord in connection with such work, including, if necessary, the actual, reasonable out-of-pocket costs of shut down and draining of risers but no charge shall be due for Tenant’s initial tap in to the system. Additionally, Tenant shall pay an annual charge for the amount connected at Landlord’s then current rates for the Building, which annual charge shall be equal to the actual, reasonable out-of-pocket costs incurred by Landlord in providing such services. Such annual charge for the amount so connected by Tenant shall be in effect without regard to whether such system is actually used or connected by Tenant. With respect to any Expansion Space or ROFO Floors, as applicable, Tenant shall have the right to connect supplemental air conditioning units to the Building condenser water system within twenty-four (24) months (as such period shall be extended on a day-for-day basis based on any Force Majeure delays Tenant incurs in performing Tenant’s Initial Alterations with respect to such Expansion Space or ROFO Floors, as applicable) after the delivery of such Expansion Space or ROFO Floors, as applicable (and no charge shall be due for Tenant’s initial tap in to the system in connection therewith); it being agreed that (subject to availability) Tenant shall be entitled to twenty-five (25) tons condenser water for each full floor of Expansion Space or ROFO Floors, as applicable. (d) Tenant, at Tenant’s sole cost and expense, shall be provided reasonable access to the outside air intake and spill/exhaust air shafts at the standard rate then fixed fifty-third (53rd), fourth (4th) and/or fifth (5th) floors of the Building, so long as a representative of Landlord is present, which representative Landlord shall make available on reasonable prior notice. (e) Landlord shall cause the quality of any condenser water provided to the Premises to be maintained substantially in accordance with the specifications attached hereto as Exhibit Y (or such other specifications consistent with condenser water provided to similar tenants in First Class Office Buildings) by a qualified condenser water specialist selected and retained by Landlord for the Building (the costs of which amount, as of specialist shall be included in Operating Expenses in the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary ratesBase Operating Year and thereafter). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise.

Heat, Ventilation and Air Conditioning. (a) 16.01. Landlord shall provide heat maintain and operate the heating, ventilating and air-conditioning to systems serving the Premises, and shall furnish heat, ventilating and air-conditioning (herein called "HVAC") in the Premises on Business Days as may be reasonably required (except as otherwise provided in this Lease and except for any special requirements of Tenant arising from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment its particular use of the Premises) for the reasonably comfortable use and occupancy of the Premises (provided, during Business Hours of Business Days and sufficient to maintain the air temperature in no event shall the Premises within the ranges set forth in Exhibit E. If Tenant shall require heat --------- or air-conditioning service at any other time, Landlord shall furnish such service for such times ("Overtime Hours") upon not less than 48 hours advance notice from Tenant. Tenant shall pay Landlord for HVAC as Additional Charges, within ten days after Landlord bills Tenant therefor, which bills shall be deemed comfortable rendered not more often than monthly. The amount of such Additional Charges for use a given period of time shall be equal to the total actual cost to Landlord of delivering steam and occupancy if the temperature of chilled water for the Premises is colder than 66 degrees for the Business Hours and Overtime Hours of Tenant in such period. Landlord's current charges for HVAC during Business Hours and Overtime Hours are as set forth in Exhibit E. HVAC --------- charges shall not include any costs or expenses which are included in Operating Expenses. Costs and expenses included in HVAC charges shall be subject to the winter or warmer than 76 degrees same conditions and limitations as are applicable to similar types of expenses included in the summer)Operating Expenses (e.g., through use of the Building standard heating, ventilating and air conditioning system (the “Building Heating HVAC System”any capital costs included therein are to be amortized with interest over useful life for tax purposes). 16.02. The performance by Landlord of its obligations under Section ------- 16.01 is subject to Tenant's compliance with the conditions of occupancy and ----- connected load established by Landlord. Use of the Premises, or any part thereof, in a manner exceeding the HVAC design conditions (b) Notwithstanding anything in this Section 10.2 to the contraryincluding occupancy and connected electrical load), Landlord shall not be responsible if the or rearrangement of partitioning which interferes with normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of in the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by , or the regulations and requirements which Landlord use of computer or data processing machines or other machines or equipment, may prescribe for require changes in the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and heating, ventilating and/or air-conditioning during periods other than systems servicing the hours Premises, in order to provide comfortable occupancy. Such changes, so occasioned, shall be made by Tenant, at its expense, as Alterations in accordance with the provisions of Article 12, but only to the extent permitted ---------- and days upon the conditions set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwisethat Article.

Heat, Ventilation and Air Conditioning. (a) 19.01. Landlord shall provide heat repair, maintain and operate the heating, ventilating and air-conditioning to ("HVAC") systems serving the Premises on Business Days from 7:00 A.M. to 8:00 P.M.Demised Premises, and Saturdays shall furnish HVAC in the Demised Premises as may be reasonably required (except as otherwise provided in this Lease and except for any special requirements of Tenant arising from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment its particular use of the Demised Premises) for the reasonably comfortable use and occupancy of the Premises Demised Premises, during Business Hours on Business Days. If Tenant shall require HVAC at any other time, Landlord shall furnish such service for such times upon not less than six (provided6) hours advance notice from Tenant, and Tenant shall pay to Landlord not later than fifteen (15) days after invoice or notice thereof Landlord's then established charges therefor. Landlord's present charge is $75 per hour, which may increase based upon changes in no event shall the Premises be deemed comfortable for use PSE&G electricity billing rates (which are passed through to Tenant without markup) or changes in those factors making up Landlord's reasonable administrative and occupancy if the overhead expense with respect thereto. The temperature of the Premises is colder than 66 degrees maintained in the winter or warmer than 76 degrees in Demised Premises shall at all times be within the summer)limits prescribed by the Legal Requirements. Notwithstanding anything to the contrary set forth herein, through use of Tenant shall be solely responsible, at its expense, to repair, maintain and operate the Building standard heating, ventilating and air supplemental air-conditioning system serving Tenant's computer room (the “Building Heating HVAC System”"Supplemental HVAC"). 19.02. The performance by Landlord of its obligation under Section 19.01 in respect of HVAC is conditioned on the connected electric load within the Demised Premises not exceeding three and one-half (b3 1/2) Notwithstanding anything xxxxx per usable square foot in this Section 10.2 to the contraryDemised Premises and the occupancy of the Demised Premises not exceeding one (1) person for each two hundred (200) usable square feet, Landlord shall not be responsible if as more particularly set forth in Exhibit C hereof. Use of the Demised Premises, or any part thereof, in a manner exceeding the HVAC design conditions (including occupancy and connected electrical load, all as more particularly described in Exhibit C hereof), or rearrangement of partitioning which interferes with normal operation of the Building Heating HVAC System shall fail in the Demised Premises, or the use of computer or data processing machines or other machines or equipment, may require changes in the HVAC systems servicing the Demised Premises, in order to provide heat or air conditioning comfortable occupancy. Such changes, so occasioned, shall be made by Tenant, at reasonable temperatures uniformly its expense, as alterations in accordance with the provisions of Article 15, but only to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord extent permitted and shall abide by upon the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days conditions set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseArticle 15.

Heat, Ventilation and Air Conditioning. (a) 19.01. Landlord shall provide heat maintain and operate the Building’s heating, ventilating and air-conditioning to systems (hereinafter called the Premises on Business Days from 7:00 A.M. to 8:00 P.M.“Systems”), and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heatingfurnish heat, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (hereinafter collectively called “Overtime PeriodsHVAC services”), unless Landlord has received advance notice from in the Demised Premises through the Systems. Tenant requesting such service not less than twenty-four (24) hours shall pay as and for Additional Rent for the HVAC Services the sum of $750 per ton for 60 tons, plus a pro rata share of the actual costs to maintain and operate the Systems. Tenant shall have the use of up to 50 tons of existing building water prior to the time when such service upgrade of the Systems. The cost to distribute and the cost of actual use shall be requiredat Tenant’s sole coat and expense. 19.02. Accordingly, if Landlord shall furnish heat necessary elevator service during Business Hours and shall have an elevator subject to call at all other times. Further, Landlord shall make available to Tenant a crane for the installation of equipment in the Demised Premise or air-conditioning to perform Tenant’s Initial Improvements. If Landlord shall at any time have elected to furnish operator service for any automatic elevators, Landlord shall have the Premises at right to discontinue furnishing such service. If Tenant shall require the request use of Tenant during Overtime Periodsthe Building’s elevators or crane, Tenant shall be responsible for and shall pay Landlord’s costs and expenses for the use thereof, as an Additional Rent, on a monthly basiswithin ten (10) Business Days after demand, including without limitation, any expense for operator service for such services at elevator or crane which Landlord may deem necessary in connection with Tenant’s use of such elevator or crane. Landlord shall have the standard rate then fixed by Landlord for right to change the operation or manner of operating any of the elevators in the Building (which amountand shall have the right to discontinue, as temporarily or permanently, the use of any one or more cars in any of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution banks of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseelevators.

Heat, Ventilation and Air Conditioning. (a) 19.01. So long as Tenant is not in default under this Lease, Landlord shall provide heat maintain and operate the heating, ventilating and air-conditioning to systems ("HVAC") serving the Demised Premises, and shall furnish HVAC in the Demised Premises as may be reasonably required (except as otherwise provided in this Lease and except for any special requirements of Tenant arising from its particular use of the Demised Premises) for reasonably comfortable occupancy of the Demised Premises, during Business Hours on Business Days within the limits prescribed by the Legal Requirements. If Tenant shall require HVAC at any other time, Landlord shall furnish such service for such times upon not less than six (6) hours advance notice from 7:00 A.M. to 8:00 P.M.Tenant, and Saturdays from 8:00 A.M. Tenant shall pay to 4:00 P.M., when required Landlord upon demand Landlord's then established charges therefor. 19.02. The performance by Landlord of its obligation under Section 19.01 in Landlord’s reasonable judgment for respect of HVAC is conditioned on the comfortable use connected electric load within the Demised Premises not exceeding three and one-half (3 1/2) xxxxx per usable square foot in the Demised Premises and the occupancy of the Demised Premises not exceeding one (provided, in no event shall the Premises be deemed comfortable 1) person for use each one hundred and occupancy if the temperature fifty (150) usable square feet. Use of the Premises is colder than 66 degrees Demised Premises, or any part thereof in a manner exceeding the winter or warmer than 76 degrees in the summerHVAC design conditions (including occupancy and connected electrical load), through use or rearrangement of the Building standard heating, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the partitioning which interferes with normal operation of the Building Heating HVAC System shall fail in the Demised Premises, or the use of computer or data processing machines or other machines or equipment, may require changes in the HVAC systems servicing the Demised Premises, in order to provide heat or air conditioning comfortable occupancy. Such changes, so occasioned, shall be made by Tenant, at reasonable temperatures uniformly its expense, as alterations in accordance with the provisions of Article 15, but only to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord extent permitted and shall abide by upon the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days conditions set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be requiredArticle 15. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay have the right, with Landlord consent not unreasonably withheld or delayed, to place a "plenum" or "closet unit" HVAC within the leased space. All costs and approvals will be paid by Tenant. Any and all ducting, shafting or placing of HVAC shall not interfere with the building system currently provided by Landlord, as Additional Rent, . Any HVAC electric usage will be billed directly to Tenant on a monthly basis, for such services at the standard rate then fixed direct meter basis or an amount agreed to by Landlord for and Tenant. Tenant will be obligated to insure that electrical configuration will support the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseadditional unit.

Heat, Ventilation and Air Conditioning. (a) 19.01. Landlord shall provide heat maintain and operate the Building's heating, ventilating and air-conditioning to systems (hereinafter called the Premises on Business Days from 7:00 A.M. to 8:00 P.M."Systems"), and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heatingfurnish heat, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than (hereinafter collectively called "HVAC services"), in the hours Demised Premises through the Systems. Tenant shall pay as and days set forth in this Section 10.2 for Additional Rent for the furnishing HVAC Services the sum of $750 per ton for 60 tons, plus a pro rata share of the actual costs to maintain and distributing operate the Systems. Tenant shall have the use of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours up to 50 tons of existing building water prior to the time when such service upgrade of the Systems. The cost to distribute and the cost of actual use shall be requiredat Tenant's sole cost and expense. 19.02. Accordingly, if Landlord shall furnish heat necessary elevator service during Business Hours and shall have an elevator subject to call at all other times. Further, Landlord shall make available to Tenant a crane for the installation of equipment in the Demised Premise or air-conditioning to perform Tenant's Initial Improvements. If Landlord shall at any time have elected to furnish operator service for any automatic elevators, Landlord shall have the Premises at right to discontinue furnishing such service. If Tenant shall require the request use of Tenant during Overtime Periodsthe Building's elevators or crane, Tenant shall be responsible for and shall pay Landlord's costs and expenses for the use thereof, as an Additional Rent, on a monthly basiswithin ten (10) Business Days after demand, including without limitation, any expense for operator service for such services at elevator or crate which Landlord may deem necessary in connection with Tenant's use of such elevator or crane. Landlord shall have the standard rate then fixed by Landlord for right to change the operation or manner of operating any of the elevators in the Building (which amountand shall have the right to discontinue, as temporarily or permanently, the use of any one or more cars in any of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution banks of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseelevators.

Heat, Ventilation and Air Conditioning. (a) Landlord shall provide steam heat and air-conditioning to the perimeter radiators in the Premises on Business Days from 7:00 A.M. 8:00 a.m. to 8:00 P.M.6:00 p.m. on Business Days, and Saturdays from 8:00 A.M. a.m. to 4:00 P.M.1:00 p.m. on Saturdays, when required in Landlord’s reasonable judgment for during each period from October 15th through April 15th during the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer)Term, through use of the Building standard heating, ventilating and air conditioning heating system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, . Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable uniform temperatures uniformly to all interior portions of throughout the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by comply with the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (cb) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of (such services (periods being herein referred to as “Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be requiredTenant requires overtime heating service. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basisRent within thirty (30) days after demand, for such services heating service during Overtime Periods at the standard rate then fixed by Landlord for the Building (Building, which amount, as of the Effective Date, rate is presently $50.00 100.00 per hour, subject to adjustment by Landlord from time increase during the Term to time based on reflect increases in Landlord’s customary rates)actual costs in providing overtime heating service. Failure by Landlord to furnish or distribute heat, air-conditioning provide heat or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, or entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. (c) Landlord shall have no obligation to provide air-conditioning or ventilation services to the Premises. Tenant shall be solely responsible, at Tenant’s expense, for the installation of an HVAC system serving the Premises, and of all feeders, risers, ductwork, fans, piping and other mechanical, electrical and plumbing facilities and equipment required in order to make such HVAC system functional in the Premises (collectively, “Tenant’s HVAC System”). Except for the connections to the Building’s chilled water system, all of Tenant’s HVAC System shall be within the Premises or the roof area between the wall of the lowered parapet described in Section 5.2(g), and the exterior window of the Premises, provided that none of the Tenant’s HVAC System installed on such roof area is visible from the streets. Following the installation of Tenant’s HVAC System, Tenant shall be solely responsible, at its expense, for the operation, maintenance, repair and replacement of Tenant’s HVAC System. Landlord shall grant to Tenant, for Tenant’s own use, a license of such roof area solely for the purpose of installing, operating, maintaining, repairing and replacing Tenant’s HVAC System, all at Tenant’s sole cost and expense, only to the extent permitted by applicable Law. Nothing contained in this Lease shall be deemed to constitute a warranty or representation by Landlord that any portion of such roof area may lawfully be used for the installation, operation, maintenance, repair and replacement of any of the Tenant’s HVAC System; that the certificate of occupancy for the Building will permit any portion of such roof area to be used for such installation, operation, maintenance, repair and replacement; or that any portion of such roof area is suitable for uses, Tenant hereby acknowledging that neither Landlord, nor any person acting on behalf of Landlord, has made any such representations or warranties. All of the provisions of this Lease shall apply to the installation, operation, maintenance, repair and replacement of the Tenant’s HVAC System in the Premises and on such roof area, including all provisions relating to compliance with Laws, insurance, indemnity, repairs and maintenance, and further including the provisions of Article 4, except that notwithstanding anything contained in Article 4 which may be deemed to the contrary, all aspects of the installation, repair and replacement of Tenant’s HVAC System that affect such roof area shall be deemed a structural Alteration and shall be performed by the Building’s roofing contractor (as designated by Landlord in writing), at Tenant’s sole cost and expense. The rates or fees charged by such contractor shall be competitive with those charged by unrelated or unaffiliated roofing contractors in the same area in the Borough of Manhattan as the Building, for the same services and materials. If any of the Tenant’s HVAC System generates noise likely, in Landlord’s reasonable judgment, to disturb other tenants or occupants of the Building, then Tenant shall install sound attenuated acoustic enclosures satisfactory to Landlord designed to eliminate such noise or reduce such noise to acceptable levels. (d) Landlord will provide to Tenant chilled water sufficient to operate up to 250 tons of air-conditioning from the Building’s chilled water system, at no additional charge, between April 15 and October 15, on Business Days between 8:00 a.m. and 6:00 p.m., which chilled water will be at 48 degrees, plus or minus 2 degrees, and between October 16 and April 14, on Business Days between 8:00 a.m. and 6:00 p.m., which chilled water will be at 60 degrees, plus or minus 2 degrees, both as measured at the base building chillers. Tenant shall have the right to tap into the Building’s chilled water system, at Tenant’s expense. Except for such expense, there shall be no tap-in or other charge to Tenant for the initial work necessary to tap into the Building chilled water system. If Tenant requires chilled water at times other than between the hours of 8:00 a.m. and 6:00 p.m. on Business Days, then upon 24 hour notice (notice must be delivered on a business day), Landlord shall provide up to 250 tons of chilled water to Tenant at the Building’s then-applicable rate for overtime chilled water service. As of the date hereof, such rate is $.52 per ton per hour. (e) In connection with the installation of Tenant’s HVAC System, Landlord will not unreasonably withhold its consent to the removal by Tenant of certain windows in the Premises and the installation by Tenant of exterior louvers in place of such windows in the exterior curtain wall of the Building on the 10xx Xxxxxx and/or 16th Street sides of the Building, provided that (i) Tenant will not install louvers or in any other way alter the appearance of the windows of the Premises facing Eighth Avenue or on the 10xx Xxxxxx or 10xx Xxxxxx sides of the Building within two (2) full window bays of the Eighth Avenue façade of the Building, and (ii) all elements of the design and materials of such louvers that would be visible from the exterior of the Building shall be consistent with the existing louvers installed in the Building, in Landlord’s reasonable judgment.

Heat, Ventilation and Air Conditioning. (a) Landlord 17.01. Landlord, at its expense shall provide heat furnish heat, ventilation and air-air conditioning to in the Demised Premises on Business Days from 7:00 A.M. to 8:00 P.M.during regular business hours, and Saturdays from but not before 8:00 A.M. or after 6:00 P.M. on business days (which term is used herein to 4:00 P.M.mean all days except Saturdays, when required in Landlord’s reasonable judgment for Sundays and the comfortable use and occupancy of days observed by the Premises (provided, in no event Federal or the Connecticut governments as legal holidays). If Tenant shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, require ventilating and air conditioning system service or heating service at any other time (the “Building Heating HVAC System”hereinafter called "after hours"). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord's then established charges therefor on Landlord's demand. Such charges shall not exceed 121% of Landlord's actual cost of labor, utilities and equipment depreciation used in providing such after hours air conditioning or heating service. If any of the other tenants of the Building shall request and receive after hours heating or air conditioning service, pursuant to Landlord's obligation to provide same to them, at the same time as Tenant, only that equitably pro-rated portion of such labor and utilities costs as shall be incurred for such common service shall be charged to Tenant. 17.02. Landlord will not be responsible for the failure of the air conditioning system to meet performance specifications if such failure results from the occupancy of the Demised Premises with more than an average of one person for each 100 square feet or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five xxxxx per square foot of floor area in any one room or other area. 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 Building Heating HVAC System shall fail to provide heat or air conditioning in the Demised Premises results, necessitating changes in the air conditioning system servicing the Demised Premises, such changes shall be made by Landlord upon written notice to Tenant at reasonable temperatures uniformly Tenant's sole cost and expense. Tenant agrees to all interior portions lower and close window coverings when necessary because of the Premises. sun's position whenever the said air conditioning system is in operation, and Tenant agrees at all times shall to cooperate fully with Landlord and shall to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) said air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Demised Premises. Landlord shall not be required to furnish heat furnish, and air-Tenant shall not be entitled to receive any air conditioning during periods other than the any period wherein Tenant shall be in default in any material provisions of this Lease. 17.03. Tenant may, at Tenant’s sole cost and expense and upon Landlord’s approval, install a supplemental air conditioning unit of approximately 2 tons capacity for its equipment room. Operation of such supplemental HVAC shall be allowed 24 hours and per day, 7 days set forth in this Section 10.2 per week, at Tenant’s sole cost which shall be separately metered. Tenant will be responsible for the furnishing cost and distributing installation of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwisesubmetering equipment.

Heat, Ventilation and Air Conditioning. (a) Landlord 17.01 Landlord, at its expense, shall provide heat maintain and air-conditioning to operate the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, ventilating and air Air Conditioning systems (hereafter referred to as the "systems") and, subject to energy conservation requirements of governmental authorities, shall furnish heat, ventilating and Air Conditioning (hereinafter collectively referred to as the "air-conditioning system service") in the Demised Premises through the systems, which shall be in compliance with the performance specifications of the systems installed by Landlord in the Building. 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 Jersey State government as legal holidays and those now or hereafter designated by the applicable Building service union employees service contract or by the applicable Operating Engineers contract (collectively "holidays") throughout the year. Heating HVAC System”and ventilation shall be provided during other periods of the year as may be required for comfortable occupancy of the Demised Premises 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, and Tenant shall pay on demand Landlord's cost plus fifteen (b15%) percent. In the event the after hours service is shared by other tenants, the cost thereof shall be prorated among all such tenants. Notwithstanding anything in this Section 10.2 the foregoing to the contrary, after hours Air Conditioning service may only be requested from May 15 through October 15. Anything contained in this Section 17.01 to the contrary notwithstanding, Landlord agrees that upon not less than forty-eight (48) hours prior notice, it shall provide Tenant with Air Conditioning service on not be responsible if the normal operation of the Building Heating HVAC System more than five (5) Sundays during any calendar year from 9:00 a.m. to 1:00 p.m. ("Tenant's Limited Special Hours") and that during Tenant's Limited Special Hours, Tenant shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not only be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rentupon demand, on a monthly basis, Landlord's labor and other out-of-pocket costs for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject providing Air Conditioning service to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services Tenant during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise's Limited Special Hours.

Heat, Ventilation and Air Conditioning. (a) Landlord shall provide heat and air-conditioning to the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 6:00 P.M., when required in Landlord’s reasonable 's judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer)Premises, through use of the Building standard heating, ventilating and air conditioning perimeter radiator heating system serving the Premises (the “"Building Heating HVAC System”"). (b) Notwithstanding anything Anything in this Section 10.2 9.3 to the contrarycontrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the PremisesPremises at reasonable temperatures. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 9.3 for the furnishing and distributing of such services (“"Overtime Periods”"), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required; provided, however, that Landlord shall use reasonable efforts to furnish heat during Overtime Periods on less than twenty-four (24) hours notice if requested to do so by Tenant. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basisRent within ten (10) days after demand, for such services at the standard rate then fixed by Landlord for the Building (Building, which amount, rate as of the Effective Date, date of this Lease is $50.00 75.00 per hour, subject to adjustment by increase during the Term to reflect increases in Landlord's costs. (d) Landlord from time shall have no obligation to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, provide air-conditioning or any other ventilation services during Overtime Periods shall not constitute an actual or constructive evictionto the Premises. Landlord acknowledges that Tenant desires to install Tenant's HVAC System (as defined in Section 9.7), in whole or in partas part of the Initial Alterations to be installed, orsubject to the provisions of Article 3, except at a location on the roof of the Building as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise9.7.

Heat, Ventilation and Air Conditioning. (a) 16.01. Landlord shall provide heat maintain and operate the heating, ventilating and air-conditioning to systems serving the Premises, and shall furnish heat, ventilating and air-conditioning in the Premises on Business Days as may be reasonably required (except as otherwise provided in this Lease and except for any special requirements of Tenant arising from 7:00 A.M. its particular use of the Premises and for Tenant's obligations to 8:00 P.M., pay for all electricity and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment gas consumed) for the reasonably comfortable use and occupancy of the Premises (provided, in no event during Business Hours of Business Days and on Saturdays from 8:00 a.m. to 1:00 p.m. If Tenant shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish require heat or air-conditioning to the Premises service at the request of Tenant during any other time, Landlord shall furnish such service for such times ("Overtime Periods, Hours") upon not less than 48 hours advance notice from Tenant. Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, ventilating and air-conditioning or any other as Additional Charges, within ten days after Landlord bills Tenant therefor, which bills shall be rendered not more often than monthly. The amount of such Additional Charges for a given period of time shall be equal to 110% of the total cost to Landlord of delivering such services during for the Premises for the Business Hours and Overtime Periods shall not constitute an actual or constructive eviction, Hours of Tenant in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any such period. 16.02. The performance by Landlord of its obligations under this LeaseSection 16.01 is subject to Tenant's compliance with the conditions of occupancy and connected load established by Landlord. Use of the Premises, or impose any liability upon Landlord part thereof, in a manner exceeding the heating, ventilating and/or air-conditioning design conditions (including occupancy and connected electrical load), or its agents rearrangement of partitioning which interferes with normal operation of the heating, ventilating and/or air-conditioning in the Premises, or the use of computer or data processing machines or other machines or equipment in excess of normal office usage including personal computers, may require changes in the heating, ventilating and/or air-conditioning systems servicing the Premises, in order to provide comfortable occupancy. Such changes, so occasioned, shall be made by reason of inconvenience or annoyance to Tenant, or injury at its expense, as Alterations in accordance with the provisions of Article 12, but only to or interruption of Tenant’s business or otherwisethe extent permitted and upon the conditions set forth in that Article.

Heat, Ventilation and Air Conditioning. (a) Landlord 17.1 Landlord, at its expense, shall provide heat maintain and operate in accordance with Section 15.2 of this Lease, the heating, ventilating and air-conditioning to systems (the Premises on Business Days from 7:00 A.M. to 8:00 P.M., "Systems") and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heatingfurnish heat, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning (hereinafter collectively called "air-conditioning service") in the Demised Premises through the Systems, during periods other than the hours "Regular Hours" (i.e., daytime business hours, but not before 8:30 a.m. or after 6:00 p.m. Monday through Friday) of "Business Days" (which shall mean all days except Saturdays, Sundays and days set forth in this Section 10.2 for observed by the furnishing and distributing of such services Federal, state or municipal government or unions whose members are employed at the Building, as holidays) throughout the year. If Tenant shall require air-conditioning service at any other time (“Overtime Periods”hereinafter called "After Hours"), unless Landlord has received shall furnish such After Hours air-conditioning service upon reasonable advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. AccordinglyTenant, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate 's then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based established charges therefor on Landlord’s customary rates)'s demand. Failure by Landlord In no event shall Tenant be required to furnish or distribute heat, pay more for After Hours air-conditioning or service then any other services tenant in the Building. Notwithstanding the foregoing, on or before January 31st during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution each year of Fixed Rent or Additional Rent, or relieve Tenant from any the term of its obligations under this Lease, or impose any liability upon Tenant shall have the right to designate two non-Business Days during such calendar year on which dates Tenant intends to open the Demised Premises for business notwithstanding that such dates are non-Business Days. Landlord or its agents by reason agrees that on such days, Landlord shall furnish After Hours air-conditioning service to the Demised Premises and Tenant shall pay to Landlord in lieu of inconvenience or annoyance Landlord's established charges therefore, an amount equal to Tenantfifty percent (50%) of Landlord's then established charges for each such day, or injury to or interruption such other amount as Landlord and Tenant may agree upon by written instrument signed by both parties. Upon receipt of Tenant’s business or otherwise's notice designating the two non-Business Days as aforesaid, Landlord shall advise Tenant of the costs to Tenant for such After Hours air-conditioning service for the two designated dates.

Heat, Ventilation and Air Conditioning. (a) Landlord shall provide steam heat and air-conditioning to the perimeter radiators in the Premises on Business Days from 7:00 A.M. 8:00 a.m. to 8:00 P.M.6:00 p.m. on Business Days, and Saturdays from 8:00 A.M. a.m. to 4:00 P.M.1:00 p.m. on Saturdays, when required in Landlord’s reasonable judgment for during each period from October 15th through April 15th during the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer)Term, through use of the Building standard heating, ventilating and air conditioning heating system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, . Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable uniform temperatures uniformly to all interior portions of throughout the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by comply with the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (cb) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be requiredTenant requires overtime heating service. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basisRent within thirty (30) days after demand, for such services heating service during Overtime Periods at the standard rate then fixed by Landlord for the Building (Building, which amount, as of the Effective Date, rate is presently $50.00 75.00 per hour, subject to adjustment by Landlord from time increase during the Term to time based on reflect increases in Landlord’s customary rates)actual costs in providing overtime heating service. Failure by Landlord to furnish or distribute heat, air-conditioning provide heat or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, or entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise. (c) Landlord shall have no obligation to provide air-conditioning or ventilation services to the Premises. Tenant shall be solely responsible, at Tenant’s expense, for the installation of an HVAC system serving the Premises, and of all feeders, risers, ductwork, fans, piping and other mechanical, electrical and plumbing facilities and equipment required in order to make such HVAC system functional in the Premises (collectively, “Tenant’s HVAC System”). Landlord’s approval of such work will not be unreasonably withheld, provided that such installation shall otherwise be subject to the provisions of Article 4. Following the installation of Tenant’s HVAC System, Tenant shall be solely responsible, at its expense, for the operation, maintenance, repair and replacement of Tenant’s HVAC System. (d) Landlord will provide to Tenant condenser water sufficient to operate up to 400 tons of air-conditioning from the Building HVAC system on Business Days between the hours of 8:00 a.m. and 7:00 p.m., without additional charge to Tenant. Tenant shall have the right to tap into the Building’s condenser water system, at Tenant’s expense, at either of two locations on the tenth (10th) floor of the Building, one located in Staircase C, and the other located on the west side of the truck elevator area on the Eighth Avenue side of the Building. There shall be no tap-in or other charge to Tenant for the initial work necessary to tap into the Building condenser water system. If Tenant requires condenser water at times other than between the hours of 8:00 a.m. and 7:00 p.m. on Business Days, then Landlord shall provide up to 400 tons of condenser water to Tenant at the Building’s then-applicable rate for overtime condenser water service. As of the date hereof, such rate is twenty-two cents ($0.22) per hour per ton of condenser water, subject to increase during the Term to reflect increases in Landlord’s actual costs in providing overtime condenser water service. (e) In connection with the installation of Tenant’s HVAC System, Landlord will not unreasonably withhold its consent to the removal by Tenant of certain windows in the Premises and the installation by Tenant of exterior louvers in place of such windows in the exterior curtain wall of the Building on the 10xx Xxxxxx and/or 16th Street sides of the Building, provided that (i) Tenant will not install louvers or in any other way alter the appearance of the windows of the Premises facing Eighth Avenue or on the 10xx Xxxxxx or 10xx Xxxxxx sides of the Building within two (2) full window bays of the Eighth Avenue façade of the Building, and (ii) all elements of the design and materials of such louvers that would be visible from the exterior of the Building shall be consistent with the existing louvers installed in the Building, in Landlord’s reasonable judgment.

Heat, Ventilation and Air Conditioning. (a) Landlord shall provide heat and air-conditioning HVAC to the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M.6:00 P.M. and on Saturdays from 9:00 A.M. to 1:00 P.M. (“Business Hours”), when required in Landlord’s reasonable judgment for the comfortable use and occupancy through local DX systems located on each floor of the Premises installed by Landlord (provided, in no event the electricity with respect to which shall be metered to Landlord and the Premises cost thereof shall be deemed comfortable for use to be Electricity Additional Rent and occupancy if payable pursuant to Section 10.2(b)(iv) hereof) in accordance with the temperature specifications set forth on Schedule 1 of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer)Work Letter and including cooling towers, through use of the Building standard heatingpumps and associated equipment (collectively, ventilating and air conditioning system (sometimes referred to herein as the “Building Heating HVAC System”) (it being understood that the Building HVAC System includes, without limitation, such local DX units). (b) Notwithstanding anything Anything in this Section 10.2 10.3 to the contrarycontrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat cooled or heated air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises (i) that, solely by reason of any machinery or equipment installed by or on behalf of Tenant or any Person claiming through or under Tenant, shall have an electrical load in excess of the average electrical load and human occupancy factors for such air conditioning at reasonable temperatures uniformly to all interior portions system as set forth in the specifications set forth on Schedule 1 of the PremisesWork Letter, (ii) solely because of any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant or (iii) because Tenant fails to comply with the Rules and Regulations or any other applicable provisions of this Lease. Tenant acknowledges that Tenant is solely responsible for the design of the heat, ventilation and air-conditioning system within the Premises (other than the perimeter heating units) and the adequacy of such system to distribute HVAC therein, and no approval by Landlord of any proposed or final plans for such work shall constitute a representation or warranty by Landlord that such system will function to achieve its intended purpose. Tenant at all times shall cooperate fully with Landlord and shall abide by the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning Building HVAC System services during periods other than the hours and days set forth in this Section 10.2 Business Hours for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-services at least four (244) hours prior to the time when such service shall be requiredrequested service. Accordingly, if Landlord shall furnish heat or air-conditioning any such services to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional RentRent in equal monthly installments in accordance with the terms of Section 1.1(b) hereof, for all Building HVAC System (excepting heat, for which rates are set forth on Schedule E attached hereto) services furnished to Tenant during Overtime Periods at a monthly basisrate of One Hundred Dollars ($100) per hour per floor, which rate shall be increased in an amount equal to the actual increases in the costs incurred by Landlord in providing such services within thirty (30) days after demand, the cost for such services at Landlord’s then current rates for the standard rate then fixed New Tower Building. Landlord shall provide to Tenant, promptly after request, reasonable supporting documentation of the costs incurred by Landlord with respect to Landlord’s provision of the services described in this Section 10.3(c). (d) Tenant shall have the right to connect (i) supplemental air conditioning units (the “Supplemental AC Units”) to the New Tower Building condenser water system and Landlord shall provide the amount of condenser water required by such units, it being understood that Landlord shall provide a minimum of seventy-five (75) tons of condenser water therefor, and (ii) Tenant’s monitoring system for Tenant’s fan boxes in the Premises to the Building management system. During the period which is one hundred and eighty (180) days after the Rent Commencement Date, Tenant shall be permitted to increase the amount of condenser water that Landlord shall provide upon written notice to Landlord, provided that in no event may Tenant require Landlord to provide condenser water in excess of one hundred twenty (120) tons. If Tenant fails to timely elect within such one hundred eighty (180) day period to increase the amount of condenser water which Landlord is obligated to provide, then Tenant shall only be entitled to a maximum of seventy-five (75) tons of condenser water until the end of the Term. Tenant shall pay, within thirty (30) days of demand by Landlord, the actual out-of-pocket costs and expenses reasonably incurred by Landlord in connection with such work, including, if necessary, the costs of shut down and draining of risers. Additionally, Tenant shall pay an annual charge for the Building amount reserved, used or connected under clause (i) above at Landlord’s then current rates for the New Tower Building, which amount, annual charge as of the Effective Date, Date is $50.00 600 per hourton per annum. (e) In the event that Tenant exercises the Expansion Option or ROFO Option, subject Landlord shall provide an additional amount of condenser water required to adjustment be used by Tenant for the Supplemental AC Units (which shall in no event exceed the number of tons of condenser water equal to the product of (x) twenty (20) times (y) a fraction, (i) the numerator of which is the RSF of the applicable Expansion Space or Offered Space, as the case may be, and (ii) the denominator of which is the aggregate RSF of all of the office space located on the floor on which such Expansion Space (or Offered Space, as applicable) is located), and Tenant shall pay the charges therefor in accordance with the terms of Section 10.2(d) hereof. (f) In the event that any portion of the Premises is surrendered to Landlord under Section 14.5 or Articles 33 hereof, or is underlet by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in under Section 10.6(b) 14.4 hereof, entitle then the amount of condenser water tonnage that Landlord shall be obligated to provide to Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this LeaseSection 10.3 shall be reduced by an amount equal to the product of (x) twenty (20) times (y) a fraction, (i) the numerator of which is the RSF of the applicable space so surrendered or impose any liability upon Landlord or its agents underlet by reason Landlord, as the case may be, and (ii) the denominator of inconvenience or annoyance to Tenant, or injury to or interruption which is the aggregate RSF of Tenant’s business or otherwiseall of the office space located on the floor on which such space is located).

Heat, Ventilation and Air Conditioning. (aA) Subject to the terms of Article 10 hereof and this Section 4.3, Landlord shall operate the HVAC System to provide heat and air-conditioning to HVAC at the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy perimeter of the Premises (providedthat satisfies, in no event shall at a minimum, the Premises be deemed comfortable for use specifications set forth on Exhibit “4.3” attached hereto and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premisesmade a part hereof. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat make any installations in the Premises to distribute HVAC within the Premises. Landlord shall not be required to repair or maintain during the Term (i) any installations that exist in the Premises on the Commencement Date that distribute solely within the Premises HVAC that the HVAC System provides, or (ii) any system that is located in the Premises on the Commencement Date that provides supplemental HVAC for the Premises (in addition to the HVAC provided by the HVAC System). Tenant shall keep closed the curtains, blinds, shades or screens that Tenant installs on the windows of the Premises in accordance with the terms hereof to the extent reasonably necessary to reduce the interference of direct sunlight with the operation of the HVAC System. (B) Landlord shall operate the HVAC System for Tenant’s benefit during Overtime Periods if Tenant so advises Landlord not later than 3:00 P.M. on the Business Day immediately preceding the day on which Tenant requires HVAC during Overtime Periods. If Landlord so provides HVAC to the Premises during Overtime Periods (as so requested by Tenant), then Tenant shall pay to Landlord, as additional rent, within thirty (30) days after Landlord gives to Tenant an invoice therefor, an amount equal to One Thousand Four Hundred Sixty-Six Dollars and Eight Cents ($1,466.08) per hour for heat, Seven Hundred Seventy-One Dollars and Ninety-Eight Cents ($771.98) per hour for air-conditioning and Four Hundred Sixty-Three Dollars and Seventy-One Cents ($463.71) per hour for ventilation (which hourly rates shall each be increased on each anniversary of the Commencement Date to reflect the percentage increase, if any, in the Consumer Price Index from the Consumer Price Index that is in effect on the Commencement Date). Landlord shall have the right to charge Tenant for a particular minimum number of hours of usage of the HVAC System during periods other than Overtime Periods to the hours and days set forth in this Section 10.2 extent that the applicable union contract or service contract requires Landlord to engage the necessary personnel (including, without limitation, a building engineer) for the furnishing and distributing such minimum number of such services (“Overtime Periods”)overtime hours, unless Landlord has received advance notice from Tenant requesting such service not less than twenty-which minimum is four (244) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Datedate hereof. If (x) Landlord so provides HVAC service during an Overtime Period (as so requested by Tenant), is $50.00 per hourand (y) another tenant requests or other tenants in premises that are in the same HVAC zone as the Premises request HVAC service during the same Overtime Period, subject to adjustment by then Landlord from time to time based on shall reduce equitably Landlord’s customary rates). Failure by Landlord aforesaid charge to furnish or distribute heat, air-conditioning or any Tenant for HVAC service during such Overtime Period to reflect such other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Renttenant’s use, or relieve Tenant from any such other tenants’ use, of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseHVAC service during such Overtime Period.

Heat, Ventilation and Air Conditioning. (a) 16.01. Landlord shall provide heat maintain and operate the heating, ventilating and air-conditioning to systems serving the Premises, and shall furnish heat, ventilating and air- conditioning in the Premises on Business Days as may be reasonably required (except as otherwise provided in this Lease and except for any special requirements of Tenant arising from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment its particular use of the Premises) for the reasonably comfortable use and occupancy of the Premises (provided, with 12 air changes per hour in no event shall the Premises be deemed comfortable for use and occupancy if the temperature laboratory space of the Premises is colder than 66 degrees and with 4 air changes per hour in the winter or warmer than 76 degrees in the summer), through use office space of the Building standard Premises available at all times. If Tenant shall require heat, ventilating or air conditioning service in addition to the foregoing, Landlord shall furnish such service for such times upon not less than 48 hours advance notice from Tenant. Tenant shall pay Landlord for heat, ventilating and air-conditioning furnished to the Premises after December 31, 1997, as Additional Charges, within ten days after Landlord bills Tenant therefor, which bills shall be rendered not more often than monthly. The amount of such Additional Charges for a given period of time shall be equal to 105% of the total cost to Landlord of delivering steam and chilled water for the Premises during such period. Tenant shall not be obligated to pay for steam or chilled water furnished from the Commencement Date through December 31, 1997. 16.02. The performance by Landlord of its obligations under Section 16.01 is subject to Tenant's compliance with the conditions of occupancy and connected load established by Landlord. Use of the Premises, or any part thereof, in a manner exceeding the heating, ventilating and/or air-conditioning design conditions (including occupancy and air conditioning system (the “Building Heating HVAC System”connected electrical load). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the or rearrangement of partitioning which interferes with normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and heating, ventilating and/or air-conditioning during periods in the Premises, or the use of computer or data processing machines or other than machines or equipment, may require changes in the hours heating, ventilating and/or air-conditioning systems servicing the Premises, in order to provide comfortable occupancy. Such changes, so occasioned, shall be made by Tenant, at its expense, as Alterations in accordance with the provisions of Article 12, but only to the extent permitted and days upon the conditions set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwisethat Article.

Heat, Ventilation and Air Conditioning. 16.1. Landlord shall cause the HVAC Units on the floor on which the Premises is located and which serves the Premises to perform in accordance with the following design conditions: Summer: Outdoor Design Conditions: 89 F db, 75 F wb Inside Conditions: 78 F db, 50% XX Xxxxxx: Outdoor Design Conditions: 5 F and 15 mph wind Inside Temperature: 70 F At all times during the Term, Landlord shall cause (a) the Building heating, ventilation and air-conditioning system to provide outside air for ventilation of not less than 2500 CFM for each floor of the Building on which the Premises or any portion thereof is located and (b) the HVAC Units to be inspected, monitored and maintained in accordance with the standard recommended by the American Society of Heating, Refrigerating and Air Conditioning Engineers, Inc. for such HVAC Units. Landlord shall provide shall, subject to energy and water conservation Legal Requirements, furnish heat to the perimeter fin tubes in the Premises and ventilation and air-conditioning to Tenant's horizontal distribution system in the Premises, as may be reasonably required (except as otherwise provided in this Lease and except for any special requirements of Tenant arising from its particular use of the Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment except that Tenant shall pay for the electric current that serves the HVAC Units as set forth in Section 15.3) for reasonably comfortable use and occupancy of the Premises (providedduring Business Hours as provided above. If Tenant requires heat, in no event ventilation or air-conditioning at any other time, Landlord shall furnish such service for such times, if required for a Business Day, upon not less than three hours' advance notice from Tenant and if required for a day other than a Business Day, upon notice from Tenant given not later than 3:00 p.m. on the Premises be deemed comfortable Business Day immediately preceding such other day. Tenant shall pay to Landlord, within 30 days after demand, Landlord's overtime charge for use and occupancy if heating and/or ventilating the temperature Premises, which is $40 per hour for each floor of the Premises for which such overtime service is colder requested by Tenant (which shall be prorated to the extent other tenants on the 8th floor request overtime for the same period), subject to CPI Adjustment. If Tenant gives Landlord shorter notice than 66 degrees as provided above, Landlord shall use reasonable efforts, but shall not be required, to comply with such request. 16.2. The performance by Landlord of its obligations under Section 16.1 is conditioned upon Tenant's connected load not exceeding 4 xxxxx per rentable square foot in the winter or warmer than 76 degrees Premises and upon the occupancy of the Premises not exceeding one individual per 125 rentable square feet in the summer), through use Premises. Use of the Building standard Premises or any part thereof in a manner exceeding the heating, ventilating and/or air-conditioning design conditions (including occupancy and air conditioning system (the “Building Heating HVAC System”connected electrical load). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall not be responsible if the or rearrangement of partitioning which interferes with normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning at reasonable temperatures uniformly to all interior portions of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and heating, ventilation and/or air-conditioning during periods in the Premises, or the use of computer or data processing machines or other than machines or equipment, may require changes in the hours heating, ventilating and/or air-conditioning systems servicing the Premises in order to provide comfortable occupancy. Such changes shall be made at Tenant's expense as Alterations in accordance with the provisions of Article 12, but only to the extent permitted and days upon the conditions set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwisethat Article.

Heat, Ventilation and Air Conditioning. (a) 17.01 Landlord shall provide heat maintain and air-operate the heating, ventilation and air conditioning to systems in the Building and shall furnish heat, ventilation and air conditioning in the Demised Premises on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (providedthrough such systems, in no event compliance with such performance specifications, during regular business hours, but not before 8:00 A.M., or after 6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, Sundays and the days observed by the Federal or the Connecticut government as legal holidays). If Tenant shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, require ventilating and air conditioning system service or heating service at any other time (the “Building Heating HVAC System”hereinafter called "after hours"). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord's then established charges therefor on Landlord's demand. Such charges shall not exceed 121% of Landlord's actual cost of labor, utilities and equipment depreciation used in providing such after hours air conditioning or heating service. If any of the other tenants of the Building shall request and receive after hours heating or air conditioning service pursuant to Landlord's obligation to provide the same to them, at the same time as Tenant, only that equitably pro-rated portion of such labor and utilities costs as shall be incurred for such common service shall be charged to Tenant. 17.02 Landlord will not be responsible for the failure of the air conditioning system to meet the performance specifications stated in the Work Letter attached hereto if such failure results from the occupancy of the Demised Premises with more than an average of one person for each 100 square feet or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds seven xxxxx per square foot of floor area in any one room or other area. 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 Building Heating HVAC System shall fail to provide heat or air conditioning in the Demised Premises results, necessitating changes in the air conditioning system servicing the Demised Premises, such changes shall be made by Landlord upon written notice to Tenant at reasonable temperatures uniformly Tenant's sole cost and expense. Tenant agrees to all interior portions lower and close window coverings when necessary because of the Premises. sun's position whenever the air conditioning system is in operation, and Tenant agrees at all times shall to cooperate fully with Landlord and shall to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Demised Premises. Landlord shall not be required to furnish heat furnish, and air-Tenant shall not be entitled to receive any air conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from any period wherein Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request in default in any material provision of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise.

Heat, Ventilation and Air Conditioning. Section 31.01. Landlord shall, at its expense, maintain and operate the heating systems servicing the Demised Premises and shall, subject to the design specifications of the such systems and to energy conservation requirements of, and voluntary energy conservation programs sponsored by, governmental authorities, furnish heat (ahereinafter collectively called “Heating Service”) Landlord shall provide heat in the Demised Premises. Heating Service and Base Building ventilation and air-conditioning to servicing the Demised Premises on Business Days from 7:00 A.M. to 8:00 P.M.shall be provided, and Saturdays as may be required for comfortable occupancy of the Demised Premises as reasonably determined by Landlord during the Building’s regular hours from 8:00 A.M. to 4:00 P.M.6:00 P.M. of Business Days (which term is used herein to mean all days except Saturdays, when required Sundays, those days that are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable building service union employees’ contract) throughout the year. If Tenant shall require Heating Service or any other service described in this Article 31 or in Article 32 during hours other than the Building’s regular hours or on days other than Business Days (hereinafter called “After Hours Service”) Landlord shall furnish such After Hours Service upon reasonable advance notice from Tenant, and Tenant shall pay on demand, the Landlord’s reasonable judgment then established charges therefor as additional rent. The current After Hours Service charge for HVAC is $40.00 per hour. Section 31.02. Except with respect to the comfortable use and occupancy initial buildout of the Premises (providedLandlord’s Work, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through any use of the Building standard heatingDemised Premises, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything or any part thereof, or rearrangement of partitioning in this Section 10.2 to the contrary, Landlord shall not be responsible if the a manner that interferes with normal operation of the heat, ventilation and air-conditioning systems (if any) (hereinafter called the “Systems”) servicing the same, may require changes in such Systems. Such changes, so occasioned, shall be made by Tenant, at its expense, as Tenant’s Alterations pursuant to Article 3. Section 31.03. Landlord will maintain and repair the 30-ton packaged water-cooled Base Building Heating HVAC System air-conditioning unit servicing the Demised Premises and located within the mechanical equipment room as of the date of execution of this Lease. Tenant shall, at its sole cost and expense, maintain in good working order, condition and state of repair and operate any supplemental air-conditioning unit(s) (and any and all equipment and machinery associated with the operation thereof other than the Building cooling tower) located in or servicing the Demised Premises. Subject to Tenant’s compliance with Article 3 herein, Tenant shall fail be permitted to provide heat install or operate a condenser water cooled supplemental air conditioning system or unit in the Demised Premises utilizing the Building’s cooling tower located on the roof for condenser water, provided, that : (a) Tenant installs, at reasonable temperatures uniformly Tenant’s expense, the supplemental air-conditioning unit(s) in accordance with all Legal Requirements and pursuant to all interior portions of the Premises. Tenant Landlord’s Building Engineer’s Guidelines for Mechanical and Electrical Installation at all times shall cooperate fully with Landlord and shall abide by the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (a copy of which has been provided to Tenant) including, without limitation, the requirement that all condenser water piping shall be traced with Raychem “Tracetek” water leak detection cable; (b) Tenant maintains, operates, repairs, services and if applicable, removes and replaces the supplemental air-conditioning unit(s) at Tenant’s expense and in compliance with such Legal Requirements; and (c) Landlord shall not be required to furnish heat reviews and air-conditioning during periods other than approves of the hours equipment and days set forth in this Section 10.2 plans and specifications for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior installation as they relate to structural modifications to the time when Demised Premises. With respect to any such service shall be required. Accordingly, if Landlord shall furnish heat permitted air conditioning system or air-conditioning to the Premises at the request of Tenant during Overtime Periodsunit, Tenant shall pay Landlordto Landlord an initial hook-up charge of $1,200.00 per connected ton. Tenant shall also, as Additional Rentat its sole cost and expense, obtain and keep current throughout the Term all permits and certificates required by Legal Requirements and relating to the use, operation or maintenance of any supplemental air conditioning units located in or servicing the Demised Premises. Section 31.04. If Tenant utilizes condenser water during hours other than the Building’s regular hours or on a monthly basis, days other than Business Days or at any time for such services at the standard rate then fixed those supplemental air conditioning units not installed by Landlord for the Building (which amount, as part of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heatWork, air-conditioning or any other services during Overtime Periods then, Tenant shall not constitute an actual or constructive evictionpay on demand, in whole or in part, or, except the Landlord’s then established charges therefor as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseadditional rent.

Heat, Ventilation and Air Conditioning. (a) 17.01 Landlord shall provide heat maintain and air-operate the heating, ventilation and air conditioning to systems in the Building and shall furnish heat, ventilation and air conditioning in the Demised Premises on Business Days from 7:00 A.M. to 8:00 P.M.through such systems, and Saturdays during the hours from 8:00 A.M. to 4:00 P.M.6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, when required in Landlord’s reasonable judgment for Sundays and the comfortable use and occupancy of days observed by the Premises Federal or the Connecticut government as legal holidays) (provided, in no event "Business Hours"). If Tenant shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, require ventilating and air conditioning system service or heating service at any other time (the “Building Heating HVAC System”hereinafter called "after hours"). (b) Notwithstanding anything in this Section 10.2 to the contrary, Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord's then established charges therefor on Landlord's demand (which charges are currently $33.00 per hour, subject to future change). Such charges shall not exceed 121% of Landlord's actual cost of labor, utilities and equipment depreciation used in providing such after hours air conditioning or heating service. If any of the other tenants of the Building shall request and receive after hours heating or air conditioning service pursuant to Landlord's obligation to provide the same to them, at the same time as Tenant, only that equitably pro-rated portion of such labor and utilities costs as shall be incurred for such common service shall be charged to Tenant. 17.02 Landlord will not be responsible for the failure of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Demised Premises with more than one person for each 150 square feet in any room or area within the Demised Premises, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds seven xxxxx per square foot of floor area in any one room or other area. 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 Building Heating HVAC System shall fail to provide heat or air conditioning in the Demised Premises results, necessitating changes in the air conditioning system servicing the Demised Premises, such changes shall be made by Landlord upon written notice to Tenant at reasonable temperatures uniformly Tenant's sole cost and expense. Tenant agrees to all interior portions lower and close window coverings when necessary because of the Premises. sun's position whenever the air conditioning system is in operation, and Tenant agrees at all times shall to cooperate fully with Landlord and shall to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Demised Premises. 17.03 In the event that Tenant requires supplemental heating, ventilation and air conditioning in to service the Demised Premises (a "Supplemental HVAC System. "), the provisions of Article 14 shall be applicable and, without limiting the generality of Article 14: (a) the type of Supplemental HVAC System, its location and the method of installation shall be subject to Landlord's reasonable approval; (b) all costs of installation and removal of the Supplemental HVAC System at the end of the term shall be payable by Tenant; (c) Landlord shall not be required to furnish heat and air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at all times after the standard rate then fixed by Landlord for the Building (which amount, as installation of the Effective Date, is $50.00 per hour, subject Supplemental HVAC System maintain a service contract for same with a contractor reasonably acceptable to adjustment Landlord; and (d) electrical consumption by Landlord from time to time based on Landlord’s customary ratesthe Supplemental HVAC System will be measured by Tenant's Check Meter (as defined in Exhibit E). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise.

Heat, Ventilation and Air Conditioning. (aA) Landlord shall provide heat and air-conditioning Subject to the Premises on Business Days from 7:00 A.M. to 8:00 P.M., terms of Article 10 hereof and Saturdays from 8:00 A.M. to 4:00 P.M., when required in Landlord’s reasonable judgment for the comfortable use and occupancy of the Premises (provided, in no event shall the Premises be deemed comfortable for use and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer), through use of the Building standard heating, ventilating and air conditioning system (the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to the contrary4.3, Landlord shall not be responsible if operate the normal operation of the Building Heating HVAC System shall fail to provide heat or air conditioning HVAC at reasonable temperatures uniformly to all interior portions the perimeter of the Premises. Tenant at all times shall cooperate fully with Landlord and shall abide by Except to the regulations and requirements which Landlord may prescribe for the proper functioning and protection extent otherwise part of the Building Heating HVAC System. (c) Landlord’s Work, Landlord shall not be required to furnish heat and air-conditioning make any installations in the Premises to distribute HVAC within the Premises. Landlord shall not be required to repair or maintain during periods other than the hours and days set forth Term (i) any installations that exist in this Section 10.2 the Premises on the Commencement Date that distribute within the Premises HVAC that the HVAC System provides, or (ii) any system that is located in the Premises on the Commencement Date that provides supplemental HVAC for the furnishing and distributing Premises (in addition to the HVAC provided by the HVAC System). Tenant shall keep closed the curtains, blinds, shades or screens that Tenant installs on the windows of such services the Premises in accordance with the terms hereof to the extent reasonably necessary to reduce the interference of direct sunlight with the operation of the HVAC System. (“B) Landlord shall operate the HVAC System for Tenant’s benefit during Overtime Periods if Tenant so advises Landlord not later than 2:00 pm on the Business Day immediately preceding the day on which Tenant requires HVAC during Overtime Periods”), unless . If Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning so provides HVAC to the Premises at the request of Tenant during Overtime PeriodsPeriods (as so requested by Tenant), then Tenant shall pay to Landlord, as Additional Rentadditional rent, on a monthly basis, for such services an amount calculated at the standard rate then fixed by reasonable hourly rates that Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord charges from time to time based on Landlord’s customary rates)therefor, within thirty (30) days after Landlord gives to Tenant an invoice therefor. Failure by Landlord shall have the right to furnish or distribute heat, air-conditioning or any other services charge Tenant for a particular minimum number of hours of usage of the HVAC System during Overtime Periods shall not constitute an actual to the extent that the applicable union contract or constructive evictionservice contract requires Landlord to engage the necessary personnel (including, in whole or in partwithout limitation, or, except as provided in Section 10.6(ba building engineer) hereof, entitle Tenant to any abatement or diminution for such minimum number of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwiseovertime hours.

Heat, Ventilation and Air Conditioning. (a) 16.01. Landlord shall provide heat has installed in the Demised Premises, and Tenant has inspected and accepted as satisfactory, the Building heating, ventilating and air-conditioning systems. Landlord, at its expense, shall maintain and operate such systems and shall furnish heat, ventilation and air-conditioning in the Demised Premises through such systems during regular business hours, but not before 9:00 A.M. or after 6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, Sundays and the days observed by the federal or the New York State government as legal holidays), throughout the year. If Tenant shall require air-conditioning service or heating service at any other time (hereinafter called "after hours") Landlord shall furnish after hours air-conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord's then established charges therefor on Landlord's demand. If any of the other tenants of the Building shall request and receive after hours heating or air-conditioning service, pursuant to Landlord's obligation to provide the same to them, at the same time as Tenant, only that equitably prorated portion of such charge for such common service shall be charged to Tenant. If Tenant notifies Landlord reasonably in advance that the Demised Premises will be open for business on Business Days any Lincoln's Birthday, Columbus Day, Election Day or Veteran's' Day or on a Saturday, Landlord shall then provide at no additional costs to Tenant heating, ventilating or air-conditioning services on such holiday from 7:00 9:00 A.M. to 8:00 6:00 P.M., if weekdays, and Saturdays from 8:00 A.M. 9:00 AM. to 4:00 P.M., when required in Landlord’s reasonable judgment 12:30 P.M. on Saturdays. 16.02. Landlord will not be responsible for the comfortable use and failure of the air-conditioning system to perform in accordance with its usual standards of performance if such failure results from the occupancy of the Demised Premises (provided, in no event shall the Premises be deemed comfortable with more than an average of one person for use and occupancy each 100 square feet or if the temperature Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the Premises is colder than 66 degrees load of all lighting fixtures exceeds six (6) xxxxx per square foot of floor area in the winter any one room or warmer than 76 degrees in the summer), through other area. If due to use of the Building standard heatingDemised Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, ventilating and air conditioning system (or due to rearrangement of partitioning after the “Building Heating HVAC System”). (b) Notwithstanding anything in this Section 10.2 to initial preparation of the contraryDemised Premises, Landlord shall not be responsible if the interference with normal operation of the Building Heating HVAC System air-conditioning in the Demised Premises results, necessitating changes in the air-conditioning system servicing the Demised Premises, such changes shall fail be made by Landlord upon written notice to provide heat or air conditioning Tenant at reasonable temperatures uniformly Tenant's sole cost and expense. Tenant agrees to all interior portions lower and close window coverings when necessary because of the Premises. sun's position whenever the said air-conditioning system is in operation, and Tenant agrees at all times shall to cooperate fully with Landlord and shall to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) said air-conditioning system. Landlord, throughout the Term, shall have free and unrestricted access to any and all air-conditioning facilities in the Demised Premises. Landlord shall not be required to furnish heat furnish, and Tenant shall not be entitled to receive, any air-conditioning during periods other than the hours and days set forth in this Section 10.2 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four (24) hours prior to the time when such service any period wherein tenant shall be required. Accordingly, if Landlord shall furnish heat or air-conditioning to the Premises at the request in default in any material provision of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basis, for such services at the standard rate then fixed by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure by Landlord to furnish or distribute heat, air-conditioning or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or, except as provided in Section 10.6(b) hereof, entitle Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business or otherwise.

Heat, Ventilation and Air Conditioning. (a) Landlord shall provide heat and air-conditioning HVAC to the Premises and hot water (or equivalent heat) for the Tenant’s heating system on Business Days from 7:00 A.M. to 8:00 P.M., and Saturdays from 8:00 A.M. to 4:00 P.M.6:00 P.M. (“Business Hours”), when required in Landlord’s reasonable judgment for the comfortable use and occupancy through local DX systems located on each floor of the Premises (providedsuch local DX systems and associated cooling towers, in no event shall the Premises be deemed comfortable for use pumps and occupancy if the temperature of the Premises is colder than 66 degrees in the winter or warmer than 76 degrees in the summer)associated equipment, through use of the Building standard heatingcollectively, ventilating and air conditioning system (sometimes referred to herein as the “Building Heating HVAC System”)) in accordance with the specification set forth in Schedule 1 attached to the Work Letter. (b) Notwithstanding anything Anything in this Section 10.2 10.3 to the contrarycontrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building Heating HVAC System shall fail to provide heat cooled or heated air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises (i) which, solely by reason of any machinery or equipment installed by or on behalf of Tenant or any Person claiming through or under Tenant, shall have an electrical load in excess of the average electrical load and human occupancy factors for such air conditioning at reasonable temperatures uniformly to all interior portions system as set forth in the specifications on Schedule 1 of the PremisesWork Letter, (ii) solely because of any Alterations made or performed by or on behalf of Tenant or any Person claiming through or under Tenant or (iii) because Tenant fails to comply with the Rules and Regulations or any other applicable provisions of this Lease. Tenant acknowledges that Tenant is solely responsible for the design of the heat, ventilation and air-conditioning system within the Premises and the adequacy of such system to distribute HVAC therein, and no approval by Landlord of any proposed or final plans for such work shall constitute a representation or warranty by Landlord that such system will function to achieve its intended purpose. Tenant at all times shall reasonably cooperate fully with Landlord and shall abide by the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the Building Heating HVAC System. (c) Landlord shall not be required to furnish heat and air-conditioning Building HVAC System services during periods other than the hours and days set forth in this Section 10.2 10.3 for the furnishing and distributing of such services (“Overtime Periods”), unless Landlord has received advance notice from Tenant requesting such service not less than twenty-four services at least one (241) hours hour prior to the time when such service shall be requiredrequested service. Accordingly, if Landlord shall furnish heat or air-conditioning any such services to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent, on a monthly basisRent within thirty (30) days after demand, for such services at the standard rate rates set forth on Schedule C attached hereto. (d) In connection with Tenant’s Initial Alterations, Tenant shall have the right to connect supplemental air conditioning units to the Building condenser water system, but in no event shall Landlord be required to provide an amount (the “Maximum Condenser Water Amount”) in excess of ten (10) tons of condenser water per floor of the Initial Premises therefor (which amount shall be prorated for any partial floors) (the condenser water so connected by Tenant in accordance with this sentence shall be referred to herein as the “Initial Condenser Water”). In addition, Tenant may elect to connect supplemental air conditioning units to the Building condenser water system with respect to any additional full or partial floors of the Building added to the Premises after the Commencement Date pursuant to any option of Tenant contained in Article 34 (the condenser water so connected by Tenant in accordance with this sentence shall be referred to herein as the “Initial Additional Space Condenser Water”); provided, however, in no event shall Landlord be required to provide any condenser water to such additional space in excess of an aggregate amount (the “Maximum Additional Condenser Water Amount”) equal to the lesser of (x) an aggregate of ten (10) tons of condenser water per additional floor (which amount shall be prorated for any partial floor) and (y) such condenser water tonnage as is then fixed available in the Building condenser water system. Tenant shall pay, within thirty (30) days of demand by Landlord, the actual out-of-pocket costs and expenses reasonably incurred by Landlord for the Building (which amount, as of the Effective Date, is $50.00 per hour, subject to adjustment by Landlord from time to time based on Landlord’s customary rates). Failure in connection with any work performed by Landlord to furnish connect any supplemental air conditioning units to the Building condenser water system in accordance with this Section 10.3(d), including, if necessary, the costs of shut down and draining of risers, but no charge shall be due for Tenant’s tap in to the system or distribute heatTenant’s initial tap in for any Available Expansion Space leased by Tenant pursuant to Section 34.1 hereof. Additionally, air-conditioning or Tenant shall pay an annual charge for such condenser water tonnage at the rates set forth on Schedule C attached hereto, which annual charge shall commence (A) in the case of any other services during Overtime Periods shall not constitute an actual or constructive evictionInitial Condenser Water, in whole or in part, or, except as provided in Section 10.6(bon the date which is the later to occur of (i) hereof, entitle the date on which Tenant to any abatement or diminution of Fixed Rent or Additional Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption first substantially occupies the Premises for the conduct of Tenant’s business and (ii) the date on which such supplemental air conditioning units are so connected to the Building condenser water system, but in any case in no event later than January 1, 2006 and (B) in the case of any Initial Additional Space Condenser Water, on the date which is the later to occur of (i) the date on which Tenant first substantially occupies the applicable Offered Space or otherwise.Available Expansion Space, as the case may be, for the conduct of Tenant’s business and (ii) the date on which such supplemental air conditioning units are so connected to the Building condenser water system, but in any case in no event later than six (6) months after the applicable Delivery Date or Expansion Commencement Date, as the case may be. In addition, Landlord shall reserve for Tenant’s future use an additional amount of condenser water (the “Extra Condenser Water”) not to exceed in an aggregate amount (as such amount may be proportionately reduced as set forth below in this paragraph, the “Maximum Reserved Amount”) equal to the sum of (i) fifteen percent (15%) of the tonnage of the Initial Condenser Water (other than such portion of the Initial Condenser Water which is connected for the Cafeteria) as of the date which is six (6) months after the date on which Tenant first substantially occupies the Premises for the conduct of its business (but in no event later than January 1, 2006) and (ii) fifteen percent (15%) of the tonnage of the Initial Additional Space Condenser Water as of the date which is six (6) months after the applicable Delivery Date or Expansion Commencement Date, as the case may be; provided, however, in no event shall Landlord be obligated to provide condenser water to Tenant under this Section 10.3(d) in excess of the Maximum Condenser Water Amount (or, in the case of any Extra Condenser Water relating to any additional space added to the Premises pursuant to Article 34 hereof, the Maximum Additional Condenser Water Amount). Tenant shall pay an annual charge for the Extra Condenser Water (or any portion thereof) at the rates set forth on Schedule C attached hereto, which annual charge shall commence on the date on which such supplemental air conditioning units are so connected to the Building condenser water system. Subject to the remaining provisions of this Section 10.3(d), there shall be no charge to Tenant for any portion of the Extra Condenser Water with respect to which Tenant has not connected such supplemental air conditioning units to the Building condenser water system (it being agreed that in such event the Maximum Reserved Amount shall be proportionately decreased based on the amount of the Extra Condenser Water with respect to which Tenant has connected such supplemental air conditioning units to the Building condenser water system). Notwithstanding the foregoing, Landlord shall have the right (“Landlord’s Condenser Water Release Right”), at any time after reserving such Extra Condenser Water for Tenant, to give Tenant a written notice demanding that Tenant either pay for such Extra Condenser Water (or the applicable portion thereof) or lose the reservation thereof (to the extent that Tenant has not already commenced paying for such Extra Condenser Water in accordance with this paragraph). If Tenant shall fail, within thirty (30) days after the giving of Landlord’s notice, to agree to pay for all or part of such Extra Condenser Water (or portion thereof) at the rates set forth on Schedule C attached hereto, Tenant shall lose the reservation of such Extra Condenser Water (or portion thereof) to the extent Tenant is unwilling to pay therefor. In the event that Tenant shall so lose the reservation of such Extra Condenser Water (or portion thereof), the Maximum Reserved Amount shall be correspondingly