Common use of Heat Clause in Contracts

Heat. (a) Landlord shall provide heat to the Premises on Business Days from 8:00 A.M. to 6:00 P.M., when required in Landlord’s judgment for the comfortable use and occupancy of the Premises, through use of the Building standard heating system (the “Building Heating System”). (b) Anything in this Section 9.3 to the contrary notwithstanding, and without limitation of Landlord’s obligations under Section 5.1 with respect to the repair of Building Systems, Landlord shall not be responsible if the normal operation of the Building Heating System shall fail to provide heat 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 System. (c) Landlord shall not be required to furnish heat during periods other than the hours and days set forth in this Section 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 to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent within ten (10) days after demand, for such services at the standard rate then fixed by Landlord for the Building. Failure by Landlord to furnish or distribute heat or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, 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. (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 use any air-conditioning systems forming part of the Existing Improvements, subject to the provisions of Section 4.1(b). (e) Landlord will not unreasonably withhold its consent to the removal by Tenant of the existing louvers in the exterior curtain wall of the Building and the replacement of such louvers with Building standard windows. Notwithstanding the foregoing, Tenant shall not, without Landlord’s consent, which may be granted or withheld in Landlord’s sole and absolute discretion, install additional exterior louvers or in any other way alter the exterior appearance of the Building, and Tenant agrees that all elements of the design and materials of any such louvers or other alterations that would be visible from the exterior of the Building shall be consistent with the exterior design and appearance of the Building, as determined by Landlord in its sole judgment.

Heat. (a) Provided that no Event of Default shall have occurred and be continuing, Landlord shall provide heat to the Premises on Business Days from 8:00 A.M. to 6:00 P.M., when required in Landlord’s judgment for the comfortable use and occupancy of the Premises, through use of the Building standard heating system (the “Building Heating System”). (b) Anything in this Section 9.3 to the contrary notwithstanding, and without limitation of Landlord’s obligations under Section 5.1 with respect to the repair of Building Systems, Landlord shall not be responsible if the normal operation of the Building Heating System shall fail to provide heat 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 System. (c) Landlord shall not be required to furnish heat during periods other than the hours and days set forth in this Section 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 to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent within ten (10) days after demand, for such services at the standard rate then fixed by Landlord for the Building, which rate as of the date of this Lease is $250.00 per hour, subject to increase during the Term due to increases in Landlord’s costs. Failure by Landlord to furnish or distribute heat or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, 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. (d) Landlord shall have no obligation to provide air-conditioning or ventilation services to the Premises. , Landlord agrees that if Tenant shall have the right desires to use any install a supplemental air-conditioning systems forming system, as part of the Existing ImprovementsInitial Alterations or otherwise, subject and if Landlord shall approve such an Alteration pursuant to Article 3 hereof, then Tenant may install an air-cooled package air-conditioning unit, having a capacity not to exceed 1,800,000 BTUs, at a location to be designated by Landlord (“Tenant’s HVAC System”). Upon the provisions of Section 4.1(b). (e) Landlord will not unreasonably withhold its consent to the removal by Tenant expiration or sooner termination of the existing louvers in the exterior curtain wall Term of this Lease, at Landlord’s request, Tenant shall remove Tenant’s HVAC System and restore any damage to the Building and the replacement of Premises resulting from such louvers with Building standard windows. Notwithstanding the foregoing, Tenant shall not, without Landlord’s consent, which may be granted or withheld in Landlord’s sole and absolute discretion, install additional exterior louvers or in any other way alter the exterior appearance of the Building, and Tenant agrees that all elements of the design and materials of any such louvers or other alterations that would be visible from the exterior of the Building shall be consistent with the exterior design and appearance of the Building, as determined by Landlord in its sole judgmentremoval.

Heat. (a) Landlord shall provide heat to the Premises on Business Days during the Term from 8:00 A.M. to 6:00 P.M., when required in Landlord’s 's judgment for the comfortable use and occupancy of the Premises, through use of the Building standard heating system (the “"Building Heating System”). (b) Anything in this Section 9.3 to the contrary notwithstanding, and without limitation of Landlord’s obligations under Section 5.1 with respect to the repair of Building Systems, Landlord shall not be responsible if the normal operation of the Building Heating System shall fail to provide heat 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 System. (c) Landlord shall not be required to furnish heat during periods other than the hours and days set forth in this Section 9.3 9.3(a) 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 to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent within ten (10) days after demand, for such services at the standard rate then fixed by Landlord for the Building. Failure by Landlord to furnish or distribute heat or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, 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 if Tenant shall have the right desires to use any install a supplemental air-conditioning systems forming system, as part of the Existing ImprovementsInitial Alterations or otherwise, subject and if Landlord shall approve such an Alteration pursuant to Article 3 hereof, then Tenant may install a self-contained air-conditioning unit ("Tenant's HVAC System") on the provisions of Section 4.1(b). (e) Landlord will not unreasonably withhold its consent to Setback Premises. Upon the removal by Tenant expiration or sooner termination of the existing louvers in Term of this Lease, at Landlord's request, Tenant shall remove Tenant's HVAC System from the exterior curtain wall of Setback Premises, and restore any damage to the Building and the replacement of Premises resulting from such louvers with Building standard windows. Notwithstanding the foregoing, Tenant shall not, without Landlord’s consent, which may be granted or withheld in Landlord’s sole and absolute discretion, install additional exterior louvers or in any other way alter the exterior appearance of the Building, and Tenant agrees that all elements of the design and materials of any such louvers or other alterations that would be visible from the exterior of the Building shall be consistent with the exterior design and appearance of the Building, as determined by Landlord in its sole judgmentremoval.

Heat. (a) Landlord shall provide heat to the Premises on Business Days from 8:00 A.M. to 6:00 P.M., when required in Landlord’s 's judgment for the comfortable use and occupancy of the Premises, through use of the Building standard heating system (the “"Building Heating System”). (b) Anything in this Section 9.3 to the contrary notwithstanding, and without limitation of Landlord’s obligations under Section 5.1 with respect to the repair of Building Systems, Landlord shall not be responsible if the normal operation of the Building Heating System shall fail to provide heat 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 System. (c) Landlord shall not be required to furnish heat during periods other than the hours and days set forth in this Section 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 to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent within ten (10) days after demand, for such services at the standard rate then fixed by Landlord for the Building, which rate as of the date of this Lease is $250.00 per hour, subject to increase during the Term due to increases in Landlord's costs. Failure by Landlord to furnish or distribute heat or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, 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 use any air-conditioning systems forming part of the Existing Improvementsright, subject to the provisions of Section 4.1(b). (e) Landlord will not unreasonably withhold its consent Article 3, to the removal by Tenant install a self-contained package HVAC unit, at Tenant's sole cost and expense, as part of the existing louvers Initial Alterations ("Tenant's HVAC System") at a location on the roof of the Building ("Roof") as provided in Section 9.9 below or in a location otherwise designated by Landlord. Tenant shall repair and maintain Tenant's HVAC System in good working order at Tenant's sole cost and expense. Upon the exterior curtain wall expiration or sooner termination of the Term of this Lease, at Landlord's request, Tenant shall remove Tenant's HVAC System and restore any damage to the Building and the replacement of Premises resulting from such louvers with Building standard windows. Notwithstanding the foregoing, Tenant shall not, without Landlord’s consent, which may be granted or withheld in Landlord’s sole and absolute discretion, install additional exterior louvers or in any other way alter the exterior appearance of the Building, and Tenant agrees that all elements of the design and materials of any such louvers or other alterations that would be visible from the exterior of the Building shall be consistent with the exterior design and appearance of the Building, as determined by Landlord in its sole judgmentremoval.

Heat. (a) Provided that no Event of Default shall have occurred and be continuing, Landlord shall provide heat to the Premises on Business Days during the Term from 8:00 A.M. to 6:00 P.M., when required in LandlordTenant’s judgment for the comfortable use and occupancy of the Premises, through use of the Building standard heating system (the “Building Heating System”). If Tenant determines that heat is not required at the Premises, then Tenant shall have the right to remove any or all of the Building Heating System from the Premises, provided that Tenant shall restore any damage to the Building and the Premises resulting from such removal and at the end of the Term, restore the Building Heating System in the Premises. (b) Anything in this Section 9.3 to the contrary notwithstanding, and without limitation of Landlord’s obligations under Section 5.1 with respect to the repair of Building Systems, Landlord shall not be responsible if the normal operation of the Building Heating System shall fail to provide heat 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 System. (c) Landlord shall not be required to furnish heat during periods other than the hours and days set forth in this Section 9.3 9.3(a) 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 to the Premises at the request of Tenant during Overtime Periods, Tenant shall pay Landlord, as Additional Rent within ten (10) days after demand, for such services at the standard rate then fixed by Landlord for the Building, which rate as of the date of this lease is $250.00 per hour, subject to increase during the term due to increases in Landlord’s costs. Failure by Landlord to furnish or distribute heat or any other services during Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, 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. (d) Landlord shall have no obligation to provide air-conditioning or ventilation services to the Premises. Landlord agrees that if Tenant shall have the right desires to use any install an air-conditioning systems forming system, as part of the Existing ImprovementsInitial Alterations or otherwise, subject and if Landlord shall approve such an Alteration pursuant to the provisions Article 3, then Tenant may install, at Tenant’s sole cost and expense, a water or air-cooled package air conditioning unit (“Tenant’s HVAC System”) at a location to be designated by Landlord. In addition, Tenant may install, as part of Section 4.1(b). (e) Landlord will not unreasonably withhold its consent to the removal by Tenant of the existing Initial Alterations or otherwise, ventilating and air-conditioning louvers in the north exterior curtain wall of the Building and drains from the replacement Premises to the Building’s sanitary waste system serving Tenant’s HVAC System, subject to applicable Legal Requirements and Landlord’s review and approval of such louvers with Building standard windowsplans, equipment, methods and materials, which approval shall not be unreasonably withheld or delayed. Notwithstanding Upon the foregoingexpiration or sooner termination of the Term of this Lease, at Landlord’s request, Tenant shall notshall, without Landlordat Tenant’s consentexpense, which may be granted or withheld in Landlordremove Tenant’s sole HVAC System and absolute discretion, install additional exterior louvers or in restore any other way alter the exterior appearance of the Building, and Tenant agrees that all elements of the design and materials of any such louvers or other alterations that would be visible from the exterior of damage to the Building shall be consistent with and the exterior design and appearance of the Building, as determined by Landlord in its sole judgmentPremises resulting from such removal.