Common use of Heating and Air Conditioning Clause in Contracts

Heating and Air Conditioning. (a) Landlord shall provide the Leased Premises, with a fully functional heating, ventilation and air-conditioning system (“HVAC System”) serving the Leased Premises which system shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for heating and air-conditioning so that when heat is reasonably required for the reasonable use of the Leased Premises the Landlord will furnish heat therefor up to a reasonable temperature and when the heating system is not in use and the Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems in the Building. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements which, in the judgment of the Landlord, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure to supply the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipment. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]

Heating and Air Conditioning. (a) Landlord shall provide furnish on or before the Leased PremisesCommencement Date the following new, with a fully functional heating, ventilation and aircommercial-conditioning system (“HVAC System”) serving the Leased Premises which system shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for grade heating and air-air conditioning so that when heat is reasonably required for units located on the reasonable use roof of the Leased Building above the Initial Premises (collectively, the Landlord will furnish heat therefor up to a reasonable temperature and when the heating system is not in use and the Landlord considers that air-"HVAC UNITS"): ten (10) twenty ton air conditioning is reasonably required it will operate the air-conditioning systems in the Buildingunits. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements which, in the judgment of the Landlord, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure assign to supply Tenant all repair and maintenance warranties owned by Landlord with respect to the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipmentHVAC Units. (b) Tenant shall operate the HVAC Units at its sole cost and expense in accordance with its design criteria unless otherwise required by applicable Laws. The Landlord shall make commercially reasonable efforts so that cost of electricity consumed by the HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises Units shall be maintained at 22°C (plus or minus 1°C) with measured by a maximum relative humidity of fifty percent (50%);separate electric meter as provided in Section 5 above. (c) During winterTenant shall be responsible for the repair and maintenance of the HVAC Units and shall promptly notify Landlord of any damage to, or malfunction of, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); HVAC Units. Throughout the Term, Tenant shall contract with a qualified and properly insured HVAC contractor reasonably acceptable to Landlord to have the HVAC Units serviced at minimum of once every six (6) months. Such service shall include, but not be limited to, cleaning of the coil and condenser units on each unit; checking the electrical connections, the oil and refrigerant for leaks, the safety-device, the blower belt for wear, tension and alignment, the expansion valve, coil temperature, and condensate drain; and maintaining the lubrication and addition of freon. Tenant shall secure, at its sole cost and expense, and shall provide Landlord with a copy of the service contract providing for the maintenance as described in this subparagraph, within sixty (60) days following the Commencement Date, and thereafter, Tenant shall renew or replace the service contract so the service contract or a replacement thereof remains in full force and effect at all times until the expiration or earlier termination of this Lease. Tenant shall provide Landlord with written evidence of such renewal or replacement at least ten (10) days prior to expiration of the then existing service contract. Landlord shall ensure be responsible for the replacement of the HVAC Units, except to the extent such replacement is a constant flow result of fresh air in the Leased Premises failure of a minimum of 20%;Tenant to perform its maintenance obligations for the HVAC units or is caused by Landlord, its employees, or contractors. (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]The HVAC Units shall be for the sole use of Tenant and the Premises.

Heating and Air Conditioning. (a) Landlord shall provide heat the Leased Premises, with a fully functional heating, ventilation Premises during the appropriate heating season and shall cool the Premises during the appropriate air-conditioning system (“HVAC System”) serving the Leased Premises which system shall provide a constant and adequate supply season by means of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for such heating and air-conditioning so that when heat is reasonably required cooling equipment as shall be maintained from time to time, for the reasonable normal use of the Leased Premises the Landlord will furnish heat therefor up to a reasonable temperature and when during Business Hours. b) If the heating system is or cooling equipment shall require maintenance, repair or replacement, Landlord shall attend to the same with reasonable promptness having regard to the then existing climatic conditions but Landlord shall not be liable for any losses or damages arising from the resulting lack of heating or cooling, so long as Landlord completes any maintenance, repair or replacement reasonably promptly and, in use and the any event, Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems in the Building. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of heating or illness due to such default. The cooling, whether caused by Xxxxxxxx’s negligence or otherwise. c) Landlord reserves shall not be responsible for the right to stop the services inadequacy of any heating or cooling of the heating and/or air-conditioning equipment when necessary by reason of any accident Premises if (i) the use or any repairs, alterations or improvements which, in the judgment occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to shade windows interferes with or impairs the functioning of or places a higher demand on equipment or heating or cooling of the Premises. d) If Tenant desires heating or cooling of the Premises outside Business Hours, the same may be arranged on reasonable advance notice to Landlord and Tenant shall, if required by Landlord, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability pay for failure to supply the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the same as an Excess Cost. e) Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason costs of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipment. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises compliance with this section 9.2 shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air included in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]Operating Costs.

Heating and Air Conditioning. (a) Landlord shall provide deliver the Leased Premises, Premises to Tenant with a fully functional new, properly functioning heating, ventilation and air-conditioning system unit (the “HVAC SystemUnit”) serving of sufficient capacity to service the Leased Premises which system shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for heating and air-conditioning so that when heat is reasonably required for the reasonable use Permitted Use. Landlord hereby represents and warrants that as of the Leased Premises Commencement Date, the Unit shall be new and in good working order and that the Unit shall be sufficient to service the Premises. Landlord will furnish heat therefor up further represents and warrants that the Unit contains a seven (7) year manufacturer’s warranty and such warranty shall inure to a reasonable temperature the benefit of Tenant during the Term. Without limiting the generality of the foregoing, Tenant shall, at its own cost and when expense, (i) cause to be performed all maintenance of the heating system is not in use Unit, including all repairs and the Landlord considers that air-conditioning is reasonably required it will operate replacements thereto including major components of the air-conditioning systems mechanical equipment (e.g., the compressor and pumps) , and (ii) commencing thirty (30) days following the Commencement Date, and thereafter throughout the Term of this Lease, maintain in force and provide a copy of same to Landlord an air conditioning service repair and full service maintenance contract covering the BuildingUnit in form reasonably satisfactory to Landlord with an air conditioning contractor or servicing organization reasonably approved by Landlord. All such contracts shall provide for the thorough overhauling of the Unit at least once each year during the Term of this Lease and shall expressly state that it shall be an automatically renewing contract terminable upon not less than (30) days prior written notice to Landlord and the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review same promptly after Landlord’s reasonable request (not to occur more than once per calendar year). The said heating Unit is and air-conditioning systems will be maintained by shall at all times remain the Landlord during normal business hours except during property of Landlord, and at the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect expiration or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services sooner termination of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairsLease, alterations or improvements whichTenant shall surrender to Landlord the Unit in good working order and condition, in the judgment subject to normal wear and tear and shall deliver to Landlord a copy of the Landlordservice log. In the event that Tenant fails to obtain the contract required herein or perform any of the maintenance or repairs required hereunder, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure the right, but not the obligation, to supply procure such contract and/or perform any such work and charge the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond Tenant as Additional Rent hereunder the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason cost of any failure same plus an administrative fee equal to ten percent (10%) of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipment. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises cost which shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]paid for by Tenant on demand.

Heating and Air Conditioning. (a) Landlord shall provide furnish on or before the Leased Premises, with a fully functional heating, ventilation and air-conditioning system (“HVAC System”) serving Commencement Date the Leased Premises which system shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for following heating and air-air conditioning so that when heat is reasonably required units located on the roof of the Building above the Initial Premises (collectively, the "HVAC Units"): (i) six (6) warehouse heating units; and (ii) four (4) of the 10 ton air conditioning units and two of the 7 1/2 ton air conditioning units. Landlord shall assign to Tenant all warranties owned by Landlord with respect to the HVAC Units. On or before the date Tenant begins to occupy any portion of the Initial Premises for the reasonable use purpose of conducting its business therein, Tenant shall notify Landlord in writing which of the Leased Premises HVAC Units, if any, Tenant elects to accept and use during the Landlord will furnish heat therefor up Term (such HVAC Units are herein collectively referred to a reasonable temperature and when as the heating system is not in use "Accepted HVAC Units" and the HVAC Units that Tenant does not elect to accept and use are herein collectively referred to as the "Unaccepted HVAC Units"). If Tenant fails to provide Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems in the Building. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doingwith such written notice on or before such date, it shall not be liable for any indirect or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services all of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements which, in the judgment of the Landlord, are desirable or necessary HVAC Units shall be deemed to be made until such repairs, alterations or improvements shall have been completedAccepted HVAC Units. The Landlord Tenant shall have no further responsibility rights in or liability for failure to supply to, or obligations with respect to, the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipmentUnaccepted HVAC Units. (b) Tenant shall operate the Accepted HVAC Units at its sole cost and expense in accordance with its design criteria unless otherwise required by applicable Laws. The Landlord shall make commercially reasonable efforts so that cost of electricity consumed by the Accepted HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises Units shall be maintained at 22°C (plus or minus 1°C) with measured by a maximum relative humidity of fifty percent (50%);separate electric meter as provided in Section 5 above. (c) During winterTenant shall be responsible for the repair, replacement and maintenance of the Accepted HVAC Units, and shall promptly notify Landlord of any damage to, or malfunction of, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Accepted HVAC Units. Throughout the Term, Tenant shall contract with a qualified and properly insured HVAC contractor reasonably acceptable to Landlord to have the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a Accepted HVAC Units serviced at minimum of 20%;once every six (6) months. Such service shall include, but not be limited to, cleaning of the coil and condenser units on each unit; checking the electrical connections, the oil and refrigerant for leaks, the safety-device, the blower belt for wear, tension and alignment, the expansion valve, coil temperature, and condensate drain; and maintaining the lubrication and addition of freon. Tenant shall secure, at its sole cost and expense, and shall provide Landlord with a copy of the service contract providing for the maintenance as described in this subparagraph, within sixty (60) days following the Commencement Date, and thereafter, Tenant shall renew or replace the service contract so the service contract or a replacement thereof remains in full force and effect at all times until the expiration or earlier termination of this Lease. Tenant shall provide Landlord with written evidence of such renewal or replacement at least ten (10) days prior to expiration of the then existing service contract. (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]The Accepted HVAC Units shall be for the sole use of Tenant and the Premises.

Heating and Air Conditioning. (a) Landlord shall provide the Leased Premises, with a fully functional heating, ventilation and air-conditioning system (“HVAC System”) serving the Leased Premises which system shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for heating and air-conditioning so that when heat is reasonably required for the reasonable use of the Leased Premises the Landlord will furnish heat therefor up to a reasonable temperature and when the heating system is not in use and the Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems in the Building. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements which, in the judgment of the Landlord, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure to supply the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipment. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************]The temperatures in the Animal Care Facilities and in areas of the Leased Premises where significant refrigeration equipment is located shall be controlled by the Tenant using independent thermostats, if same are installed by or on behalf of Tenant. Landlord shall check, clean and replace the filters in the HVAC System with high efficiency pre-filters four (4) times a year and the box filters once per year. The Landlord will also replace broken modulating dampers of the HVAC System. (e) [************************************************************************************************ *************************************************************************************************** ***********************************]The Landlord agrees that setbacks in the operation of the base building HVAC System will not apply to any separate HVAC system installed by or on behalf of and used by the Tenant for the Animal Care Facilities or Laboratories.

Heating and Air Conditioning. During the normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 12:00 Noon on Saturday, exclusive of Holidays (a) as defined in Subsection 4H. below), Landlord shall furnish heating and air conditioning to provide a comfortable temperature, in Landlord's commercially reasonable judgment, for normal business operations, except to the Leased extent Tenant installs equipment at any time following the Commencement Date which materially and adversely affects the HVAC volume required for the temperature maintained by the air conditioning system. If Tenant installs such equipment at any time following the Commencement Date, Landlord may, upon reasonable prior written notice to Tenant (and Tenant's failure to cure such material and adverse affect within a reasonable time thereafter), install supplementary air conditioning units in the Premises, with a fully functional heatingand Tenant shall pay to Landlord upon demand as Additional Rent the actual and reasonable cost of installation, ventilation operation, repair and air-conditioning system (“HVAC System”) serving maintenance thereof. Landlord may enlarge the Leased Premises which system shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during Building's normal business hours, for this purpose, at any time in its commercially reasonable discretion, but will not reduce the hours below those set forth above. To Notwithstanding anything herein to the contrary, Landlord shall continue to provide for an HVAC volume and supply to that portion of the Premises comprising "Suite 101-A" comparable to, but in no event less than, the HVAC volume and supply provided to "Suite 101-A" prior to the Commencement Date pursuant to the existing lease agreement dated as of June 12, 1997 by and between Landlord and Tenant (as amended, the "Current Lease"), which Current Lease shall be deemed to have expired and terminated upon the Commencement Date hereunder. Landlord shall furnish heating and air-air conditioning so that when heat is reasonably required for the reasonable use outside of the Leased Premises the Landlord will furnish heat therefor up to a reasonable temperature and when the heating system is not in use and the Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems in the Building. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during ("After Hours HVAC"), at Tenant's sole cost and expense, provided Tenant gives Landlord a request for After Hours HVAC at least one (1) business day in advance. Landlord shall charge Tenant for After Hours HVAC at the making "After Hours HVAC Rate" as reasonably established by Landlord from time to time to approximate the cost of repairs and should providing the Landlord make default in so doing, it shall After Hours HVAC. Tenant acknowledges that After Hours HVAC cannot be liable for any indirect or consequential damages for personal discomfort or illness due supplied to such defaultless than one (1) full zone at a time. The Landlord reserves In the right to stop the services event After Hours HVAC is requested by more than one tenant of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements which, in the judgment of the Landlord, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure to supply the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water Building for the operation of same time period and the heating or air-conditioning equipment. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fallsame zone, the interior temperature of charge for the Leased Premises After Hours HVAC shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]apportioned among those tenants on an equal basis.

Heating and Air Conditioning. (a) Landlord shall provide heat the Leased PremisesPremises during the appropriate heating season and shall cool the Premises during the appropriate air conditioning season by means of such HVAC equipment as shall be maintained from time to time, with a fully functional heating, ventilation and air-conditioning system (“HVAC System”) serving the Leased Premises which system shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for heating and air-conditioning so that when heat is reasonably required for the reasonable normal use of the Leased Premises during Business Hours. (b) If the HVAC equipment shall require maintenance, repair or replacement, Landlord will furnish heat therefor up shall attend to a the same with reasonable temperature and when promptness having regard to the heating system is then existing climatic conditions but Landlord shall not be liable for any losses or damages arising from the resulting lack of HVAC, and, in use and the any event, Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems in the Building. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of HVAC, whether caused by Landlord’s negligence or illness due to such default. The otherwise. (c) Landlord reserves shall not be responsible for the right to stop the services inadequacy of any HVAC of the heating and/or air-conditioning equipment when necessary by reason of any accident Premises if: (i) the use or any repairs, alterations or improvements which, in the judgment occupancy of the Premises; or (ii) the electrical or other power consumed on the Premises; or (iii) the configuration of partitions or other items on the Premises; or (iv) the failure of Tenant to shade windows interferes with or impairs the functioning of or places a higher demand on equipment or HVAC of the Premises. For greater certainty, except as expressly provided in Landlord’s Work, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility obligation to balance or liability for failure to supply re-balance the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond HVAC distribution system within the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipmentPremises. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]If Tenant desires utilities or the use of HVAC equipment to provide HVAC of the Premises outside Business Hours, the same may be arranged on reasonable advance notice to Landlord and Tenant shall, if required by Landlord, pay for same as an Excess Cost.

Heating and Air Conditioning. During the normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 7:00 a.m. to 1:00 p.m. on Saturday and Sunday, all exclusive of Holidays, as defined below, Landlord shall furnish heating and air conditioning in season to maintain conditions inside the occupied or utilized portions of the Premises as follows: (i) not more than 75 degrees Fahrenheit and 50% relative humidity (plus or minus 5%) when the outside temperature does not exceed 94 degrees Fahrenheit dry bulb and 74 degrees Fahrenheit wet bulb; (ii) not less than a minimum temperature of 70 degrees Fahrenheit when the outside temperature is not less than 17 degrees Fahrenheit; and (iii) reasonable temperatures when outside conditions are not within the ranges established in clauses (i) and (ii) above provided, that reasonable adjustments to such standards will be made for specific activities of Tenant (including the design and location of Tenant improvements, lighting and equipment, and the density of Tenant's occupancy, it being understood that the foregoing design conditions are based on a population design of one occupant per 000 xxxxxx xxxx xx xxxxxx xxxx), and provided, further, reasonable adjustments to such standards will be made to the extent Tenant installs equipment which adversely affects the temperature maintained by the air conditioning system. If Tenant installs such equipment, (a) Landlord shall may, unless Tenant releases Landlord from its obligation to provide air conditioning in compliance with such standards in the Leased area in question, install supplementary air conditioning units in the Premises, with a fully functional heatingand Tenant shall pay to Landlord upon demand as Additional Rent the cost of design, ventilation installation, operation and air-maintenance thereof, or (b) Tenant shall, subject to the provisions of Section 5 below, install supplementary air conditioning system (“HVAC System”) serving units in the Leased Premises which system Premises, and Tenant shall provide a constant pay all costs to design and adequate supply of fresh air that will be filtered install same and either heated or cooled, humidified or dehumidified Tenant shall pay to Landlord upon demand as conditions may reasonably require every business day during normal business hours. To provide for heating and air-conditioning so that when heat is reasonably required for Additional Rent the reasonable use cost of the Leased Premises operation and maintenance thereof. The following dates shall constitute "Holidays", as that term is used in this Lease: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Friday following Thanksgiving Day, Christmas, and any other holiday generally recognized as such by the Landlord will furnish heat therefor up to a reasonable temperature and when majority of the heating system is not in use and the Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems landlords of office space in the BuildingGeographic Area, as determined by Landlord in good faith. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements whichIf, in the judgment case of any specific holiday mentioned in the preceding sentence, a different day shall be observed than the respective day mentioned, then that day which constitutes the day observed by national banks in Atlanta, Georgia on account of said holiday shall constitute the Holiday under this Lease. Landlord shall furnish heating and air conditioning after business hours if Tenant provides Landlord reasonable prior notice, and pays Landlord as Additional Rent all then current charges for such additional heating or air conditioning, all at Landlord's actual aggregate cost (including reasonable administrative cost) with no xxxx-up, provided that there shall be a two (2) hour minimum charge each time any such additional services are provided. In determining such cost, the cost shall include, but is not limited to, the water cost, power cost, labor cost, management cost, accounting cost, and maintenance cost (including supplies, repairs and a reserve for replacements) but excluding any depreciation cost. If Tenant does not lease all of the Landlord, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure to supply the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation rentable area of the heating or air-conditioning equipmentBuilding, Landlord may, at Tenant's expense, add a separate meter(s) to measure the electricity and water consumed to provide such additional services. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]

Heating and Air Conditioning. During the Building Operating Hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 7:00 a.m. to 12:00 p.m. on Saturday, excluding New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (a) “Building Holidays”). Landlord shall furnish heating and air conditioning and ventilation (“HVAC”) in the Leased Premises and the Common Areas inside the Building to provide a comfortable temperature for the use and occupancy of these areas as maintained in comparable buildings not owned or controlled by Landlord or an affiliate in close proximity to the Building (with good faith efforts to try and maintain temperatures between 72 and 76 degrees Fahrenheit), except to the extent Tenant installs equipment which is not typically found in other tenant spaces in the Building, and such equipment adversely affects the comfortable temperature maintained by the air conditioning system. If Tenant installs such equipment and Tenant does not modify and/or remove such equipment within 10 days of Tenant’s receipt of Landlord’s written notice documenting the adverse condition, Landlord may install supplementary air conditioning units in the Leased Premises which are necessary to maintain the comfortable temperature in the Leased Premises, with a fully functional heatingand Tenant shall pay to Landlord as Additional Rent the cost of installation, ventilation operation and air-conditioning system maintenance thereof within 30 days after Landlord has delivered to Tenant an invoice(s) therefor and reasonable substantiation for all amounts. Landlord shall furnish HVAC service (“HVAC System”i) serving before or after the Leased Premises which system shall provide a constant and adequate supply of fresh air that will Building Operating Hours or (ii) on Building Holidays, upon the written request (or such other means as may be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every requested by Landlord) by Tenant delivered to Landlord’s designated property manager before 3:00 p.m. on the business day during normal business hourspreceding such required service, and Tenant shall pay to Landlord its then standard cost of such services within 30 days after Landlord has delivered to Tenant an invoice therefor. To provide Landlord’s reasonable estimate for heating and air2015 after-conditioning so hours charges that when heat is reasonably required being utilized for all tenants in the reasonable use of the Leased Premises the Landlord will furnish heat therefor up to Building for HVAC is $25 per hour per zone (zones are a reasonable temperature and when the heating system is not in use and the Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems full Floor in the Building. The said heating ), plus any applicable sales or other taxes; however, Landlord and air-conditioning systems Tenant agree that such figure may be adjusted after Landlord provides Tenant with a minimum of 15 days advance written notice for increases which will be maintained by the Landlord during normal business hours except during the making of repairs based solely on increases in Landlord’s actual electrical costs for providing such services and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential damages for personal discomfort or illness due interpreted as the maximum amount which may be charged to such defaultTenant during the Term. The Landlord reserves agrees that the right costs charged to stop the services of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements which, all tenants in the judgment of the Landlord, are desirable or necessary to be made until Building for such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure to supply the said heating and/or airafter-conditioning hours service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipment. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winterthe same, the interior temperature of the Leased Premises and no tenant shall be maintained provided such service at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]reduced rate and/or for free.

Heating and Air Conditioning. (a) Landlord shall provide deliver the Leased Premises, Premises to Tenant with a fully functional new properly functioning heating, ventilation and air-conditioning system unit (the “HVAC SystemUnit”) serving of sufficient capacity to service the Leased Premises for the Permitted Use, which system Unit shall be controlled by Tenant. Without limiting the generality of the foregoing, Tenant shall, at its own cost and expense, (i) cause to be performed all repairs and maintenance of the Unit, and (ii) commencing thirty (30) days following the Commencement Date, and thereafter throughout the Term of this Lease, maintain in force and provide a copy of same to Landlord an air conditioning service repair and full service maintenance contract covering the Unit in form reasonably satisfactory to Landlord with an air conditioning contractor or servicing organization reasonably approved by Landlord. All such contracts shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for heating and air-conditioning so that when heat is reasonably required for the reasonable use thorough servicing of the Leased Unit at least once each year during the Term of this Lease. The contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord will furnish heat therefor up to review same promptly after Xxxxxxxx’s request. The Unit is and shall at all times remain the property of Landlord, and at the expiration or sooner termination of the Lease, Tenant shall surrender to Landlord the Unit in good working order and condition, subject to normal wear and tear and shall deliver to Landlord a reasonable temperature copy of the service log. In the event that Xxxxxx fails to obtain the contract required herein or perform any of the maintenance or repairs required hereunder, Landlord shall have the right, but not the obligation, to procure such contract and/or perform any such work and when charge the heating system is not in use Tenant as Additional Rent hereunder the cost of same plus an administrative fee equal to fifteen percent (15%) of such cost which shall be paid for by Tenant on demand. Provided that Xxxxxx performs the referenced maintenance and repair of the Unit and enters into and maintains the above referenced service contract, Landlord considers that air-conditioning is reasonably required it will operate shall be responsible for the cost of replacement, as necessary, of major components of the air-conditioning systems in mechanical equipment (e.g., without limitation, the Building. The said heating compressor and air-conditioning systems will be maintained pumps), provided that any replacement are not necessitated by the Landlord during normal business hours except during the making negligence or willful misconduct of repairs and should the Landlord make default in so doingTenant, it shall not be liable for any indirect its employees, representatives, servant or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements whichinvitees, in the judgment of the Landlord, are desirable or necessary to which event Tenant shall be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure to supply the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water solely responsible for the operation cost and performance of the heating or air-conditioning equipmentsame. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]

Heating and Air Conditioning. Subject to Section 6.5, Landlord shall furnish heat, ventilation and air conditioning ("HVAC") to the Premises for the reasonably comfortable occupancy of the Premises (a) during Business Hours and on Saturdays from 8:00 a.m. to 1:00 p.m. without charge and (b) at other times upon Tenant's request, subject to the terms and at then established rates and charges as set forth in Exhibit "C" attached hereto. The HVAC system referred to in this Section 6.4 shall be capable of providing interior conditions of 72ºF dry bulb when outside conditions are 0ºF dry bulb and inside conditions of 78ºF dry bulb and 50% relative humidity when outside conditions are 95ºF dry bulb and 75ºF wet bulb and shall be capable of providing fresh air in quantities not less than 0.15 cubic feet per minute per net usable square foot for space in the Premises. Landlord represents to Tenant that the foregoing Building HVAC specifications are the same as the Building HVAC specifications set forth in the Lease, dated May 20, 1997, between Landlord and Credit Suisse First Boston (n/k/a Credit Suisse). The foregoing design conditions shall provide be based upon an electrical load not to exceed three (3) wxxxx (demand load) average per square foot of net usable area of the Leased PremisesPremises for all purposes, with a fully functional heating, ventilation including lighting and air-power. Tenant shall utilize the supplemental air conditioning system (“HVAC System”) serving units that presently exist in the Leased Premises which system have a three (3) ton capacity in the aggregate. Landlord agrees, at Tenant’s request made within a period of eighteen (18) months after the Term Commencement Date, to make available to the Premises up to an additional ten (10) tons of condenser water for Tenant’s supplementary air conditioning. In addition to the foregoing, Landlord agrees, at Tenant's request, to make available to the Premises a reasonable quantity of additional condenser water for Tenant's supplementary air conditioning, provided, that, at the time of Tenant's request therefor, Landlord has uncommitted condenser water in the quantity requested by Tenant. The cost of condenser water furnished to the Premises shall provide be at the standard rates established from time to time by Landlord for such service and shall be paid by Tenant to Landlord on a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hoursmonthly basis. To provide for heating and air-conditioning so that when heat is reasonably required for the reasonable use As of the Leased Premises Lease Date, the rate being charged by Landlord will furnish heat therefor up to a reasonable temperature and when for condenser water is $1,100.00 per ton per year. Tenant shall, throughout the heating system is not in use and Lease Term, utilize the Landlord considers that air-aforesaid three (3) tons of supplemental air conditioning is reasonably required it will operate the air-conditioning systems presently available in the BuildingPremises and shall pay for condenser water therefor in accordance with this Section 6.4. The said heating and airThere shall be no hook-conditioning systems will be maintained by up fee applicable to the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements which, in the judgment of the Landlord, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure to supply the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or condenser water for the operation of the heating or air-existing supplemental air conditioning equipmentunits. (b) The Landlord shall make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and fall, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a maximum relative humidity of fifty percent (50%); (c) During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]