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

Heating, Ventilating and Air Conditioning. A. Except as otherwise provided in Section 14.7, Landlord shall maintain and operate the heating, ventilating and air-conditioning systems and shall furnish heat, outside air and air-conditioning to the Premises through the Building Equipment from 8:00 a.m. to 6:00 p.m. on business days and from 8:00 am to 1:00 p.m. on Saturdays (such hours being herein referred to as “business hours”). “Business days” shall mean all days except Saturdays, Sundays and days observed by the federal or the Maryland State or Baltimore City governments as legal holidays and such other days as shall be designated as holidays by the applicable operating engineers union or building service employees union contract. Landlord and Tenant agree to operate the heating, ventilating and air-conditioning equipment in accordance with their design criteria unless a recognized energy conversation law, program, guideline, regulation or recommendation (which, with respect to any recommendation, is being observed by other owners or landlords of first class office building in Baltimore) promulgated by any federal, state, city or other governmental or quasi-governmental bureau, board, department, agency, office, commission or other subdivision thereof shall provide for any reduction in operations below said design criteria in which case such equipment shall be operated so as to provide reduced service in accordance with such law, program, guideline, regulation or recommendation. B. If Tenant requests heating, ventilating or air-conditioning services during other than business hours, which request shall be made between the hours of 9:00 a.m. and 1:00 p.m. on any business day, Landlord shall make the same available to Tenant in accordance with such request, provided that, Tenant shall pay to Landlord, as Additional Rent, Landlord’s then established charges therefor. C. Notwithstanding the foregoing provisions of this Section 14.1, Landlord shall not be responsible if the normal operation of the Building heating, ventilating and air-conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portion of the Premises (i) which shall have an electrical load in excess of 3 xxxxx per square foot of usable area of the Premises for all purposes (including lighting and power), or which shall have a human occupancy factor in excess of one person per 000 xxxxxx xxxx xx xxxxxx xxxx of the Premises (the average electrical load and human occupancy factors for which such system is designed), or (ii) because of any rearrangement of partitioning or other Improvements. Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the heating, ventilating and air-conditioning system.

Heating, Ventilating and Air Conditioning. A. Except as otherwise provided in Section 14.7, Landlord 50.01 The Demised Premises shall maintain and operate the be serviced by one or more separate heating, ventilating and air-conditioning systems and/or units (collectively, the "HVAC Unit"), to be installed by Tenant, at its expense. The HVAC Unit and shall furnish heatall facilities, outside air equipment, machinery and air-conditioning to the Premises through the Building Equipment from 8:00 a.m. to 6:00 p.m. on business days and from 8:00 am to 1:00 p.m. on Saturdays (such hours being herein referred to as “business hours”). “Business days” shall mean all days except Saturdays, Sundays and days observed by the federal or the Maryland State or Baltimore City governments as legal holidays and such other days as shall be designated as holidays by the applicable operating engineers union or building service employees union contract. Landlord and Tenant agree to operate the heating, ventilating and air-conditioning equipment ducts installed in accordance with their design criteria unless a recognized energy conversation law, program, guideline, regulation or recommendation (which, with respect to any recommendation, is being observed by other owners or landlords of first class office building in Baltimore) promulgated by any federal, state, city or other governmental or quasi-governmental bureau, board, department, agency, office, commission or other subdivision thereof shall provide for any reduction in operations below said design criteria in which case such equipment connection therewith shall be operated so as to provide reduced service by Tenant at Tenant's sole cost and expense. The HVAC Unit and all facilities, equipment, machinery and ducts installed in accordance connection with such lawthe HVAC Unit shall be installed solely within the Demised Premises, program, guideline, regulation or recommendation. B. If Tenant requests heating, ventilating or air-conditioning services during other than business hoursexcept for the chiller equipment for the HVAC Unit and the boiler equipment for the HVAC Unit, which request shall be made installed, respectively, on the roof of the Building and in the subcellar of the Building, in locations to be reasonably designated by Landlord. To the extent the HVAC Unit and any such facilities, equipment, machinery and ducts are so installed outside the demised premises, Landlord shall grant Tenant access (or cause Tenant to be granted access) to such areas outside the demised premises, upon prior reasonable notice to Landlord and at reasonable times, for the sole purpose of installing, maintaining, repairing or replacing, if necessary, the HVAC Unit or such facilities, equipment, machinery or ducts, provided that Tenant uses reasonable efforts, both in the manner in which such work is performed and in the times such work is performed, to minimize interference with the use and occupancy of the Building by others. As a condition to such access, Tenant hereby agrees that Landlord may require that regular or normal maintenance and repairs (as opposed to emergency repairs)be performed only between the hours of 9:00 a.m. A.M. and 1:00 p.m. 5:00 P.M. on business days. In addition to all of Landlord's other rights and remedies, in the event that any business daysuch work unreasonably interferes with the use and occupancy of the Building by others, Landlord may notify Tenant thereof (either orally or in writing), in which event Tenant shall make immediately stop such work, until same can be performed in a manner and at such times that will not result in such unreasonable interference. All facilities, equipment, machinery and ducts installed in connection with the same available HVAC Unit shall (a) be installed in accordance with, and subject to, Articles 3 and 45 and the other applicable provisions of this lease, and (b) to the extent installed outside the demised premises, comply with Landlord's reasonable requirements as to installation, maintenance, repair and operation. 50.02 Tenant shall, at its expense, properly and continuously maintain, repair and cause any and all replacements of the HVAC Unit and all facilities, equipment, machinery and ducts installed in connection therewith. Tenant's obligation to maintain the HVAC Unit shall include, but not be limited to, the periodic cleaning and/or replacement of filters, replacement of fuses and belts, the calibration of thermostats and all startup and shut down maintenance of the HVAC Unit. Such maintenance obligations shall be performed throughout the term of this lease, on Tenant's behalf, by a reputable air-conditioning maintenance company engaged by Tenant at its expense. In the event Tenant shall fail to engage an air-conditioning maintenance company as aforesaid, and such failure shall continue for thirty (30) days after notice of such failure is given to Tenant, then, notwithstanding anything contained in this lease which may be deemed to the contrary, and in addition to all of Landlord's other rights and remedies, Landlord may (but shall not be obligated to) perform such maintenance and/or engage an air-conditioning service company at Tenant's expense to perform the aforesaid maintenance to the HVAC Unit, and Tenant shall pay as Additional Rental hereunder, within fifteen (15) days after Landlord's demand therefor, all expenses incurred by Landlord in connection therewith, which demand shall be accompanied by reasonable substantiating evidence of such expenses. All electricity used in connection with the operation of the HVAC Unit and all blowers, fans, chilling equipment and other facilities and equipment utilized in connection therewith shall be supplied subject to, all of the terms, covenants and conditions contained in Article 43 hereof. Tenant shall surrender the HVAC Unit and all repairs, additions and replacements thereto and thereof to Landlord in good working order and condition on the expiration or sooner termination of this lease. 50.03 Landlord shall permit Tenant to obtain fresh air intake from the Building's exterior louvre intake ducts installed and designated by Landlord and all connections thereto shall be at Tenant's sole cost and expense and subject to the provisions of Articles 3 and 45 hereof. (a) Landlord agrees to pay to Tenant, as hereinafter provided, an amount (the "HVAC Reimbursement") equal to the lesser of (i) $173,856.00 and (ii) the costs actually paid by Tenant to purchase and install the HVAC Unit. (b) The HVAC Reimbursement shall be paid by Landlord to Tenant within thirty (30) days after the following conditions have been met: (i) The HVAC Unit has been installed substantially in accordance with such requestthe plans and specifications theretofore approved by Landlord, provided thatand otherwise in accordance with, and subject to, all of the applicable provisions of this lease; (ii) The Commencement Date shall have occurred (unless the Commencement Date is based on the giving of the Election Notice in which event the condition of this subsection (ii) shall be that the Free Rent Period has expired); (iii) Tenant is not in default of any of the terms, covenants or conditions of this lease on Tenant's part to observe, perform or comply with; and (iv) Tenant shall pay have submitted to Landlord, as Additional Rentupon such completion of such installation, Landlord’s then established charges therefor. C. Notwithstanding the foregoing provisions of this Section 14.1, Landlord shall not be responsible if the normal operation of the Building heating, ventilating and air-conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portion of the Premises (i) which shall have an electrical load in excess of 3 xxxxx per square foot of usable area of the Premises for all purposes (including lighting and power), or which shall have a human occupancy factor in excess of one person per 000 xxxxxx xxxx xx xxxxxx xxxx of the Premises (the average electrical load and human occupancy factors for which such system is designed), or (ii) because of any rearrangement of partitioning or other Improvements. Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the heating, ventilating and air-conditioning system.following:

Heating, Ventilating and Air Conditioning. A. Except as otherwise provided in Section 14.7, (a) The Landlord shall provide processed air in such quantities and at such temperatures as shall maintain and operate the heating, ventilating and air-conditioning systems and shall furnish heat, outside air and air-conditioning to in the Premises through conditions of reasonable temperature and comfort during Business Hours. If the Building Equipment from 8:00 a.m. to 6:00 p.m. on business days and from 8:00 am to 1:00 p.m. on Saturdays (Tenant requests the provision of processed air outside Business Hours, the Landlord shall provide such hours being herein referred to as “business hours”). “Business days” shall mean all days except Saturdays, Sundays and days observed by processed air at the federal or the Maryland State or Baltimore City governments as legal holidays and such other days as shall be designated as holidays by the applicable operating engineers union or building service employees union contract. Landlord and Tenant agree to operate the heating, ventilating and air-conditioning equipment Tenant's cost determined in accordance with their design criteria unless a recognized energy conversation law, program, guideline, regulation or recommendation (which, with respect to any recommendation, is being observed by other owners or landlords of first class office building in Baltimore) promulgated by any federal, state, city or other governmental or quasi-governmental bureau, board, department, agency, office, commission or other subdivision thereof shall provide the Landlord's standard rate schedule for any reduction in operations below said design criteria in which case such equipment shall be operated so as to provide reduced additional service in accordance with such law, program, guideline, regulation or recommendationeffect from time to time. B. (b) If the Tenant requests heating, ventilating or air-conditioning interior climate control services during other than business hours, which request shall be made between the hours of 9:00 a.m. and 1:00 p.m. on any business day, Landlord shall make the same available to Tenant in accordance with such request, provided that, in the Landlord's reasonable opinion, differ in any material respect from the standard services provided by the Landlord to office tenants in the Building (such as, for example, special requirements for computer installations), the Landlord will provide such services if the Landlord determines, in its sole discretion, that the provision of such services is within the capacity of the HVAC System, would not affect the operation, aesthetics or structure of the Building, would not reduce the efficiency of the existing interior climate control services provided to other tenants or parts of the Building, and is otherwise feasible. The Tenant shall will pay to Landlordthe Landlord all costs, as Additional Rentboth non-recurring and recurring, Landlord’s then established charges thereforof providing such services. Such costs will be determined by the Landlord in a reasonable manner and the Landlord may use an Expert to assist it in determining such costs. The Landlord may discontinue such services if this becomes necessary to maintain or provide an equitable standard of service to all tenants of the Building. C. (c) Notwithstanding Subsection 6.01(a) the foregoing provisions of this Section 14.1, Landlord shall not be responsible for inadequate performance of the HVAC System (i) if this is attributable to any construction or installation done by or on behalf of the Tenant, any arrangement of partitioning in the Premises or changes therein, the failure to shade windows which are exposed to the sun, the production by the Tenant of smoke, odours or contaminated air which the HVAC System is not designed to accommodate, or any use of electrical power by the Tenant which exceeds the standard of normal use as determined by the Landlord acting reasonably, (ii) if the normal operation of the Building heating, ventilating and air-conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portion occupancy level of the Premises exceeds one person to every two hundred (i200) which shall have an electrical load in excess square feet of 3 xxxxx per square foot of usable area Rentable Area of the Premises for all purposes (including lighting and power)on an open floor basis, or which shall have a human occupancy factor in excess (iii) if the Tenant does not keep the heating, ventilation or air conditioning vents or air returns free and clear of one person per 000 xxxxxx xxxx xx xxxxxx xxxx all obstructions. (d) The interior office layout or partitioning of the Premises (shall be modified by the average electrical load and human occupancy factors for which such system is designed)Tenant, or (ii) because if necessary, in accordance with the reasonable requirements of any rearrangement the Landlord to secure maximum efficiency of partitioning or other Improvementsthe HVAC System serving the Premises. The Tenant shall cooperate fully comply with Landlord at all times the Rules and abide by all regulations Regulations pertaining to the operation and requirements which Landlord may reasonably prescribe for the proper functioning and protection regulation of those portions of the heatingHVAC System within and serving the Premises, ventilating failing which the Landlord shall be entitled to take such steps as it deems advisable including, without limitation, entering upon the Premises and air-conditioning systemtaking the necessary corrective action, and the Tenant will pay to the Landlord all costs incurred by the Landlord in so doing as Additional Rent.

Heating, Ventilating and Air Conditioning. A. Except as otherwise provided in Section 14.7(a) Subject to limitations and restrictions imposed by federal, state and/or local authorities, Landlord shall maintain and operate the heating, ventilating and air-conditioning systems and shall furnish heat, outside air heating and air-conditioning to the Demised Premises through during Normal Business Hours, when reasonably necessary to provide a temperature condition required for the comfortable occupancy of the Demised Premises under normal business operations, consistent with the HVAC design standards described in Exhibit K attached hereto. Wherever heat generating machines or equipment (other than standard office equipment, such as reproduction machines) are used in the Demised Premises which may affect the temperature which would otherwise be maintained by the Building Equipment from 8:00 a.m. to 6:00 p.m. on business days and from 8:00 am to 1:00 p.m. on Saturdays (such hours being herein referred to as “business hours”). “Business days” shall mean all days except Saturdays, Sundays and days observed by the federal or the Maryland State or Baltimore City governments as legal holidays and such other days as shall be designated as holidays by the applicable operating engineers union or building service employees union contract. Landlord and Tenant agree to operate the heating, ventilating and air-conditioning equipment in accordance with their design criteria unless a recognized energy conversation lawsystem, program, guideline, regulation or recommendation (which, with respect Landlord reserves the right to any recommendation, is being observed by other owners or landlords of first class office building in Baltimore) promulgated by any federal, state, city or other governmental or quasi-governmental bureau, board, department, agency, office, commission or other subdivision thereof shall provide for any reduction in operations below said design criteria in which case such equipment shall be operated so as to provide reduced service in accordance with such law, program, guideline, regulation or recommendation. B. If Tenant requests heating, ventilating or install supplementary air-conditioning units for the Demised Premises at the expense of Tenant and the costs of operation and maintenance thereof shall be paid by Tenant to Landlord at rates determined by Landlord. Any air-conditioning units required for Tenant’s computer systems shall be installed at the expense of Tenant and the costs of operation and maintenance of same shall be paid by Tenant to Landlord at rates determined by Landlord. (b) Tenant recognizes that, outside of Normal Business Hours, Tenant may require overtime HVAC services in order to render the Demised Premises comfortable and tenantable and that Tenant shall have no claim against Landlord for the condition of the Demised Premises outside of Normal Business Hours, subject to the terms set forth below in this Section 9.1(b). Without limiting the foregoing, if Tenant desires air conditioning or heat during times or on days other than business hoursNormal Business Hours, which request Landlord shall be made between the hours of 9:00 a.m. and 1:00 provide such service to Tenant provided that (i) Tenant notifies Landlord on or before 2:00 p.m. on any business day on which Tenant desires air conditioning or heat after Normal Business Hours on such business day, Landlord shall make or before 5:00 p.m. on the same available to business day immediately preceding any holiday or weekend day for which Tenant in accordance with desires such request, provided that, service other than during Normal Business Hours; and (ii) Tenant shall pay to Landlord, as Additional Rent, Landlord’s then established after-hours HVAC charges therefor. C. Notwithstanding the foregoing provisions of this Section 14.1in connection with such after-hours service (which after-hours’ charges, Landlord shall not be responsible if the normal operation as of the Building heatingdate hereof, ventilating and air-conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or are described in reasonable volumes or velocities in any portion of the Premises (i) which shall have an electrical load in excess of 3 xxxxx per square foot of usable area of the Premises for all purposes (including lighting and powerSection 9.6 below), or which shall have a human occupancy factor in excess of one person per 000 xxxxxx xxxx xx xxxxxx xxxx of the Premises (the average electrical load and human occupancy factors for which such system is designed), or (ii) because of any rearrangement of partitioning or other Improvements. Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the heating, ventilating and air-conditioning system.