Common use of Heating and Air Conditioning Clause in Contracts

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 (“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, and Tenant shall pay to Landlord as Additional Rent the cost of installation, operation and 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 (i) before or after the Building Operating Hours or (ii) on Building Holidays, upon the written request (or such other means as may be reasonably requested by Landlord) by Tenant delivered to Landlord’s designated property manager before 3:00 p.m. on the business day preceding 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. Landlord’s reasonable estimate for 2015 after-hours charges that is being utilized for all tenants in the Building for HVAC is $25 per hour per zone (zones are a full Floor in the Building), plus any applicable sales or other taxes; however, Landlord and 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 based solely on increases in Landlord’s actual electrical costs for providing such services and shall not be interpreted as the maximum amount which may be charged to Tenant during the Term. Landlord agrees that the costs charged to all tenants in the Building for such after-hours service shall be the same, and no tenant shall be provided such service at a reduced rate and/or for free.

Heating and Air Conditioning. During the Building Operating Hours normal business 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, Christmas Day, and Christmas Day (“Building Holidays”). any other holiday taken by tenants occupying at least one‑half of the Rentable Square Feet of office space in the Building, as announced from time to time by Landlord, 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 temperature, in Landlord’s reasonable judgment, 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)normal business operations, 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 conditionequipment, Landlord may install supplementary air conditioning units in the Leased Premises which are necessary to maintain the comfortable temperature in the Leased Premises, and Tenant shall pay to Landlord upon demand as Additional Rent the cost of installation, operation and maintenance thereof within 30 days thereof. Landlord may furnish heating and air conditioning after business hours if Tenant provides Landlord has delivered reasonable prior notice and pays Landlord all then current charges for such additional heating or air conditioning including a reasonable estimate of depreciation and administrative costs. Tenant may have automated systems installed during the construction of Tenant Improvements which allow Tenant to control Tenant’s after business hours service demands at Tenant’s expense. Such costs associated with after business hours heating and air conditioning if controlled by Tenant will be billed to Tenant an invoice(s) therefor as a customary and reasonable substantiation for all amounts. Landlord shall furnish HVAC service (i) before or after the Building Operating Hours or (ii) on Building Holidays, upon the written request (or such other means as may be reasonably requested by Landlord) by Tenant delivered to Landlord’s designated property manager before 3:00 p.m. on the business day preceding 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. Landlord’s reasonable estimate for 2015 after-hours charges that is being utilized for all tenants in the Building for HVAC is $25 per hour per zone (zones are a full Floor in the Building), plus any applicable sales or other taxes; however, Landlord and 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 based solely on increases in Landlord’s actual electrical costs for providing such services and shall not be interpreted as the maximum amount which may be charged to Tenant during the Term. Landlord agrees that the costs charged to all tenants in the Building for such after-hours service shall be the same, and no tenant shall be provided such service at a reduced rate and/or for freerate.

Heating and Air Conditioning. During the Building Operating Hours normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 7:00 8:00 a.m. to 12:00 p.m. Noon on Saturday, excluding New Year’s Dayexclusive of Holidays (as defined in Subsection 4H. below), Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (“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 temperature, in Landlord's commercially reasonable judgment, 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)normal business operations, except to the extent Tenant installs equipment at any time following the Commencement Date which is not typically found in other tenant spaces in the Building, materially and such equipment adversely affects the comfortable HVAC volume required for the 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 at any time following the Commencement Date, Landlord may, upon reasonable prior written notice documenting the to Tenant (and Tenant's failure to cure such material and adverse conditionaffect within a reasonable time thereafter), Landlord may install supplementary air conditioning units in the Leased Premises which are necessary to maintain the comfortable temperature in the Leased Premises, and Tenant shall pay to Landlord upon demand as Additional Rent the actual and reasonable cost of installation, operation operation, repair and maintenance thereof within 30 days after thereof. Landlord has delivered may enlarge the 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. Notwithstanding anything herein to the contrary, Landlord shall continue to provide 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 an invoice(s) therefor (as amended, the "Current Lease"), which Current Lease shall be deemed to have expired and reasonable substantiation for all amountsterminated upon the Commencement Date hereunder. Landlord shall furnish heating and air conditioning outside of normal business hours ("After Hours HVAC"), at Tenant's sole cost and expense, provided Tenant gives Landlord a request for After Hours HVAC service at least one (i1) before or after business day in advance. Landlord shall charge Tenant for After Hours HVAC at the Building Operating "After Hours or HVAC Rate" as reasonably established by Landlord from time to time to approximate the cost of providing the After Hours HVAC. Tenant acknowledges that After Hours HVAC cannot be supplied to less than one (ii1) on Building Holidays, upon full zone at a time. In the written request (or such other means as may be reasonably event After Hours HVAC is requested by Landlord) by Tenant delivered to Landlord’s designated property manager before 3:00 p.m. on the business day preceding such required service, and Tenant shall pay to Landlord its then standard cost more than one tenant of such services within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord’s reasonable estimate for 2015 after-hours charges that is being utilized for all tenants in the Building for the same time period and the same zone, the charge for the After Hours HVAC is $25 per hour per zone (zones are a full Floor in the Building), plus any applicable sales or other taxes; however, Landlord and 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 based solely on increases in Landlord’s actual electrical costs for providing such services and shall not be interpreted as the maximum amount which may be charged to Tenant during the Term. Landlord agrees that the costs charged to all tenants in the Building for such after-hours service shall be the same, and no tenant shall be provided such service at a reduced rate and/or for freeapportioned among those tenants on an equal basis.

Heating and Air Conditioning. During the Building Operating Hours normal business hours of 7:00 6:30 a.m. to 6:00 6:30 p.m., Monday through Friday, and 7:00 a.m. to 12:00 1:00 p.m. on Saturday, excluding New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day (“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 temperature, in Landlord's reasonable judgment, for normal business operations in that portion of the use and occupancy of these areas as maintained Premises located 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)C, 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 equipment, then at Tenant's election, Tenant does not modify and/or remove such equipment within 10 days of may install, at Tenant’s receipt of Landlord’s written notice documenting the adverse condition's sole cost, Landlord may install supplementary air conditioning units in the Leased Premises which are necessary (subject to maintain the comfortable temperature in the Leased PremisesLandlord's prior approval of such Work, pursuant to Section 5, below), or, such supplementary air conditioning units may be installed by Landlord, and Tenant shall pay to Landlord upon demand as Additional Rent the cost of installation, together with the cost of operation and maintenance thereof within 30 days thereof. Tenant shall have full control over setting the temperatures and hours of operation of the heating and air conditioning for that portion of the Premises located in Building B. Accordingly, there shall be no additional charge for after Landlord has delivered to Tenant an invoice(s) therefor hours operation of heating and reasonable substantiation air conditioning for all amounts. that portion of the Premises located in Building B. Landlord shall furnish HVAC service (i) before heating and air conditioning after normal business hours as to that portion of the Premises located in Building C if Tenant provides Landlord reasonable prior notice, and pays Landlord all then current charges for such additional heating or air conditioning. Landlord's current charge is $15.50 per hour of operation after the Building Operating Hours normal business hours for additional heating or (ii) on Building Holidays, upon the written request (or such other means as may air conditioning. Landlord's charges shall be reasonably requested by Landlord) by Tenant delivered to Landlord’s designated property manager before 3:00 p.m. based on the business day preceding such required service, and Tenant shall pay to Landlord its then standard actual cost of providing such services within 30 days after Landlord has delivered additional heating or air conditioning, which will be determined primarily by the utility charge to Tenant an invoice thereforoperate during the extended hours. Landlord’s reasonable estimate for 2015 Either party may request a review, not more than two times per Lease Year, to determine whether a change in the after-hours charges that charge is being utilized for all tenants in necessary based on the Building for HVAC is $25 per hour per zone (zones are a full Floor in the Building), plus any applicable sales or other taxes; however, Landlord and 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 based solely on increases in Landlord’s actual electrical costs for providing such services and shall not be interpreted as the maximum amount which may be charged to Tenant during the Term. Landlord agrees that the costs charged to all tenants in the Building for such after-hours service shall cost or usage. All changes in the after-hours charge will be made prospectively beginning with the same, and no tenant shall be provided such service at a reduced rate and/or for freemonth following the month in which the review was completed.

Heating and Air Conditioning. During Landlord shall provide heating and air conditioning services during the Building Operating Hours normal business hours of 7:00 a.m. to 6:00 p.m., Monday through Friday, and 7:00 8:00 a.m. to 12:00 1:00 p.m. on Saturday, excluding New Year’s 's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day and Christmas Day (“Building Holidays”"Business Hours"). 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 normal business operations in keeping with other Class "A" office buildings in 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)Austin Northwest suburban market, 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 systemsystem above that contemplated in the Initial Improvement Plans (as defined in Appendix C). 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 conditionequipment, Landlord may install supplementary air conditioning units in the Leased Premises which are necessary to maintain the comfortable temperature in the Leased Premises, and Tenant shall pay to Landlord upon written demand as Additional Rent the cost of installation, operation and maintenance thereof within 30 days after Landlord has delivered to Tenant an invoice(s) therefor and reasonable substantiation for all amountsthereof. Upon Tenant's occupancy in a multi-tenant building in the Project, Landlord shall furnish HVAC service (i) before or heating and air conditioning after the Building Operating Business Hours or (ii) on Building Holidays, upon the written request (or for such other means as may be reasonably requested by Landlord) by building if Tenant delivered to Landlord’s designated property manager before 3:00 p.m. on the business day preceding such required serviceprovides Landlord reasonable prior notice, and Tenant shall pay to pays Landlord its then standard cost of all then-current, reasonable charges for such services within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord’s reasonable estimate for 2015 after-hours additional heating or air conditioning, consistent with charges that is being utilized for all therefor levied against other tenants in the Building for HVAC is $25 per hour per zone (zones are building in question. Where Tenant occupies 100% of a full Floor in the Building), plus any applicable sales or other taxes; however, Landlord shall furnish heating and air conditioning after Business Hours if Tenant agree that provides Landlord reasonable prior notice, and pays to Landlord an amount equal to $2.00 for each hour of such figure may be adjusted after additional heating and air conditioning per Building floor, as compensation to Landlord provides Tenant with a minimum of 15 days advance written notice for increases which will be based solely additional wear and tear on increases in Landlord’s actual electrical costs for providing such services the heating and shall not be interpreted as the maximum amount which may be charged to Tenant during the Term. Landlord agrees that the costs charged to all tenants in the Building air conditioning equipment for such after-hours service shall be the same, and no tenant shall be provided such service at a reduced rate and/or for freeBuilding.

Heating and Air Conditioning. During The LL shall supply, during Normal Business Hours, heating and air-conditioning to the Leased Premises and to the Building Operating Hours such that the interior temperature of 7:00 a.m. the leased premises and the building is maintained at a level that is determined from time to 6:00 p.m.time by the landlord to provide comfortable conditions for the users of the building, Monday through Fridayaccording to the provincial standards.” The obligation not to disturb the normal enjoyment of other lessees (1860 C.C.Q.) The obligation it owes its employees to provide them with a clean and healthy work environment. The obligation to make lesser maintenance repairs (1864 C.C.Q.) The obligation it owes the landlord to be a prudent and diligent administrator (1855 C.C.Q.). Steps a tenant can take to minimize exposure to liability: No smoking policies, or designated smoking areas Reduce the use of hair spray, perfume and nail polish. Limit the occupational density of the premises. Ensure that the ventilation system is turned on whenever employees are around, including on weekends if necessary. Ensure that the air distribution is well balanced. When selecting finishing and paints, be careful about the chemicals in these products. Try to use non-toxic cleaning substances Steps a tenant should take in negotiation: Require the landlord to have ceiling vents cleaned every year. Have the heat, air conditioning and ventilation systems checked by an inspector for latent defects before signing. When negotiating, require the landlord to provide for the operation of heating and ventilation services at all normal business hours. Require that all systems provide a constant supply of filtered, heated or cooled air, as required, the whole in accordance with the latest AHRAE standards. Provide for the tenant’s right to conduct tests, and 7:00 a.m. check that everything is working and that air quality is as it should be, at all times. Provide for specific recourses in the even that the air quality is insufficient: The right to 12:00 p.m. on Saturdayhave any problem corrected at the LL’s expense The right to a rent reduction The right to resiliate The right to liquidated damages P. 348 Tenant net lease, excluding New Year’s Dayarticle 7: S. 7.1: “HVAC Specifications: The LL shall, Memorial Dayat all times, Independence Daybetween the hours of 7:30 AM and 7 PM of each business day, Labor Dayprovide, Thanksgiving Day, and Christmas Day (“Building Holidays”). Landlord shall furnish by the operation of the heating and air conditioning system, a constant supply of air that is filtered and ventilation either heated or cooled as conditions may require, the whole in accordance with the performance specifications set out in Schedule C annexed hereto (ASHRAE standards)” S. 7.2: “HVAC”) Landlord’s Warranty: Landlord represents and warrants to tenant that the quality of the air in the Leased Premises and Building as well as the Common Areas inside equipment intended to ensure the Building quality of such air to provide a comfortable temperature for comply in all respects with the use performance specifications set out in Schedule C annexed hereto.” S. 7.3: “Failure to meet specifications: Should LL not respect the performance specifications set out in Schedule C annexed hereto, the tenant shall advise the LL and occupancy of these areas as maintained the LL undertakes to carry out all corrective measures in comparable buildings not owned or controlled by Landlord or an affiliate in close proximity to order that the Building (premises and the building shall always comply 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 representations set out in the Building, and such equipment adversely affects the comfortable temperature maintained by the air conditioning systemtwo immediately preceding sections. 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, and Tenant shall pay to Landlord as Additional Rent the cost of installation, operation and 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 (i) before or after the Building Operating Hours or (ii) on Building Holidays, upon the written request (or such other means as may be reasonably requested by Landlord) by Tenant delivered to Landlord’s designated property manager before 3:00 p.m. on the business day preceding 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. Landlord’s reasonable estimate for 2015 after-hours charges that is being utilized for all tenants in the Building for HVAC is $25 per hour per zone (zones are a full Floor in the Building), plus any applicable sales or other taxes; however, Landlord and 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 based solely on increases in Landlord’s actual electrical costs for providing such services and shall not be interpreted as the maximum amount The corrective measures which may be charged required from time to Tenant during the Term. Landlord agrees that the costs charged to all tenants in the Building for such after-hours service time shall be carried out in such a way as to minimize the sameinconvenience which their implementation might cause to the tenant. Should the landlord fail to carry out the required corrective measures as expeditiously as necessary, the tenant may arrange to correct the deficiency at the LL’s expense, and no tenant shall have the right to set off the cost thereof against any future rent payable hereunder.” Case-law examples of tenants’ duties towards their employees re: air quality Côté v. Cégep La Pocatière and Commission de la santé et de la sécurité du Travail du Québec, 1989 Facts: A nursing teacher at the school got a doctor’s note that as a pregnant woman, she should not be provided such service at working in a reduced rate and/or smoky environment. She took the school to the Commission for freefailure to recognize that it either had to give her paid leave, or provide a smoke free environment. The Commission rejected her claim. She took the Commission and the CEGEP to court. Held: Xxxx was awarded paid leave. There was sufficient evidence that smoking caused harm to unborn children.