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

Heating, Ventilation and Air Conditioning. During Business Hours, heating, ventilation and air conditioning to the Premises and the Common Areas pursuant to the HVAC Specifications described as part of Landlord’s Improvements. During other times, Landlord will provide to the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Tenant’s sole cost and expense. Tenant shall pay for all electrical usage for the Supplemental AC Systems that, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989.

Appears in 1 contract

Samples: Office Lease Agreement (Royal Caribbean Cruises LTD)

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Heating, Ventilation and Air Conditioning. During Business Hours, heating, ventilation and air conditioning to the Premises and the Common Areas pursuant to The parties hereby acknowledge that Base Building portion of the HVAC Specifications described System (“Base Building HVAC System”) to be installed by Landlord as part of Landlord’s ImprovementsWork, will provide: (i) chilled water (“Chilled Water”) to be utilized by the portion of the HVAC System to be installed by Tenant as part of Tenant’s Work (“Premises HVAC Equipment”), (ii) condenser water (“Condenser Water”) which may, if applicable, be utilized by Tenant to serve supplemental air conditioning units and related equipment (“Supplemental HVAC Equipment”) to cool areas in the Premises used by for the operation of telecommunications and other specialized equipment which may be installed by Tenant in accordance with the provisions of this Lease, and (iii) hot water for heating (“Hot Water”). During other timesLandlord shall not be responsible based upon any failure or defect in either the Premises HVAC Equipment and/or any Supplemental HVAC Equipment or Tenant’s use of the Premises which exceeds the electrical, Landlord will provide human occupancy or environmental factors for which the Premises HVAC Equipment or Supplemental HVAC Equipment is designed. Tenant shall install (as part of Tenant’s Work) one or more submeters to measure Tenant’s use of Chilled Water and, if applicable, Condenser Water and Hot Water in the Premises, and Tenant shall pay the actual utility cost of Tenant’s use of the Chilled Water and, if applicable, Condenser Water and Hot Water, as measured by said submeter(s). From and after the Occupancy Date or such later date as Chilled Water and, if applicable, Condenser Water and Hot Water, is provided to the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Premises, Tenant will reimburse shall pay to Landlord, as Additional Rent, on demand from time to time, but not more frequently than monthly, for Chilled Water and, if applicable, Condenser Water and Hot Water, based on such submeter(s) (“Tenant’s HVAC Charge”). At Landlord’s actual increased incremental costs election, on a monthly basis at the time and in the fashion herein provided for Overtime HVACthe payment of Annual Fixed Rent, provided that Tenant shall pay Landlord, as Additional Rent, an amount equal to 1/12th of the annual amount of Tenant’s HVAC Charge, as reasonably estimated by Landlord. Following the end of each full or partial calendar year during the Lease Term, Landlord shall deliver a written invoice to Tenant a statement setting forth the amount of Tenant’s HVAC Charge based on Tenant’s actual usage of Chilled Water and, if applicable, Condenser Water and Hot Water, for Overtime HVACthe partial or full calendar year in question and the sum of Tenant’s HVAC Charge estimates that have been paid by Tenant. In If the event that any tenant other than amount of Tenant’s HVAC Charge exceeds the sum of the Tenant’s HVAC Charge estimates paid by Tenant for such period, Tenant shall use overtime pay Landlord the difference within thirty (30) days after receipt of such statement. If the sum of the Tenant’s HVAC at the same time as Charge estimates paid by Tenant for such period exceeds Tenant’s HVAC Charge for such period, Landlord shall pro rate credit the difference toward the Tenant’s cost HVAC Charge estimate payment(s) next due and, at the end of such overtime the Lease Term, refund any excess amount of Tenant’s HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Charge estimates paid by Tenant, at its sole cost and expense, shall have less the right amount of any moneys owed to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Landlord by Tenant’s sole cost and expense. Tenant shall pay for all electrical usage for the Supplemental AC Systems that, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989.

Appears in 1 contract

Samples: Lease Agreement (Tango Therapeutics, Inc.)

Heating, Ventilation and Air Conditioning. During Business Hours, (a) Owner shall have free and unrestricted access to all heating, ventilation air-conditioning and ventilating ("HVAC") equipment in the demised premises. Damage caused to the HVAC equipment, appliances or appurtenances as a result of the negligence or careless operation by Tenant, its employees or its invitees, shall be repaired by Owner. The cost and expense thereof shall be paid by Tenant within 30 days after submission of Owner's statement, without limiting any of Owner's additional rights under this lease. Owner shall have no maintenance or repair obligation as to supplemental HVAC equipment installed by, or at, Tenant's request or expense.* (b) Owner will not be responsible for the failure of the air-conditioning system to meet its performance specifications (i) prior to the proper balancing of the system, or (ii) if such failure results from the occupancy of the demised premises by OFF/MAS/1991 more than an average of 1 person for each 150 square feet of Rentable Area, or (iii) if Tenant installs and operates machines and appliances the installed electrical load of which when combined with the load of all lighting fixtures exceeds the electrical load contemplated by the floor plan attached hereto. If the use of the demised premises in a manner exceeding the occupancy and electrical load criteria, or the rearrangement of partitioning after the initial preparation of the demised premises, results in the air-conditioning system being unable to achieve its rated performance specifications, and it is feasible to make changes to the system so as to enable it to achieve such performance specifications, if Tenant requests such changes, such changes shall be made by Owner at Tenant's cost, which cost shall be paid by Tenant within 30 days after submission of a statement therefor.* (c) In order to enable the air-conditioning system to function properly, Tenant shall keep all windows closed and shall lower and close window coverings when necessary because of the sun's position. Tenant shall comply with all regulations and requirements Owner may establish for the functioning and protection of the HVAC systems. (d) The Fixed Annual Rent includes up to 950 hours per annum of overtime heating and air conditioning to the Premises and the Common Areas pursuant to the HVAC Specifications described as part use. If Tenant exceeds 950 hours per annum of Landlord’s Improvements. During other times, Landlord will provide to the Premises for specified zones heat overtime heating and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlorduse, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Tenant’s sole cost and expense. Tenant shall pay Owner's's then standard charge for all electrical usage such use. Owner's current charge for the Supplemental AC Systems that, combined with Tenant’s total electrical usage for the Premises, overtime heating and air conditioning service is in excess of 9.0 xxxxx $35.00 per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989hour.*

Appears in 1 contract

Samples: Sublease Agreement (International Telecommunication Data Systems Inc)

Heating, Ventilation and Air Conditioning. During Business Hours, Landlord shall furnish to the Premises heating, ventilation and air-conditioning (“HVAC”) in accordance with the Exhibit K-Design Standards during Ordinary Business Hours. Landlord shall have access to all air-cooling, fan, ventilating and machine rooms and electrical closets and all other mechanical installations of Landlord (collectively, “Mechanical Installations”), and Tenant shall not construct partitions or other obstructions which may interfere with Landlord’s access thereto or the moving of Landlord’s equipment to and from the Mechanical Installations. No Tenant Party shall at any time enter the Mechanical Installations or tamper with, adjust, or otherwise affect such Mechanical Installations. Landlord shall not be responsible if the HVAC System fails to provide cooled or heated air, as the case may be, to the Premises in accordance with the Design Standards by reason of (i) any equipment installed by, for or on behalf of Tenant, which has an electrical load in excess of the average electrical load and human occupancy factors for the HVAC System as designed, or (ii) any rearrangement of partitioning or other Alterations made or performed by, for or on behalf of Tenant. Tenant shall cooperate with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC System. To the extent arising from Landlord’s gross negligence or willful misconduct, Landlord shall indemnify Tenant for the failure of the Building’s HVAC system to comply with all applicable air-quality Requirements. Landlord shall monitor the indoor air conditioning quality at least once per Lease Year and provide copies of the annual test results to Tenant. Landlord represents to Tenant that the Building is a non-smoking building (for all tenants, guests and invitees) other Landlord’s approval, such approval not to be unreasonably withheld, conditioned or delayed. If Landlord approves Tenant’s cleaning service provider (i) Landlord shall thereafter have no obligation to provide cleaning services to the Premises, (ii) Operating Expenses shall thereafter exclude the cost of providing cleaning services to the Premises and all other tenanted areas of the Common Areas pursuant to Building, and (iii) Landlord shall reduce Base Operating Expenses by an amount Landlord reasonably determines reflects the HVAC Specifications described as part cost of Landlord’s Improvements. During other times, Landlord will provide providing cleaning services to the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant all other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions tenanted areas of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Tenant’s sole cost and expense. Tenant shall pay for all electrical usage for Building during the Supplemental AC Systems that, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989Base Year.

Appears in 1 contract

Samples: Sublease (K12 Inc)

Heating, Ventilation and Air Conditioning. During Business HoursLandlord shall provide, at all times during the Term, the following: (i) in the Warehouse Spaces in Bays 1.5, 1.7 and 2.7 of the Leased Premises, cooling sufficient for a maximum temperature of 80 degrees F, year round, with 1.4 air circulations per hour, provided the ceiling in such spaces does not exceed the height existing as of the date hereof, (ii) in the Office Space in Bay 2.8 of the Leased Premises, as well as the Lobby Offices, heating, cooling and ventilation to general office specifications for Tenant’s comfortable use and enjoyment of such space with a maximum temperature of 78 degrees F, and minimum temperature of 68 degrees F, year round, with 5 air circulations per hour, provided the ceiling in such spaces does not exceed twelve (12) feet; and (iii) in the Lobby, heating, cooling and ventilation to general office specifications for Tenant’s comfortable use and enjoyment of such space with a maximum temperature of 78 degrees F, and minimum temperature of 68 degrees F, year round, with 1.4 air circulations per hour, provided the ceiling in such spaces does not exceed the height existing as of the date hereof. Notwithstanding the foregoing, for clarification, Landlord will not provide heating, ventilation or air conditioning to the Bonus Space or Corridor. Landlord will provide the existing ductwork in the Leased Premises in good working condition; after Landlord provides the heating, ventilation and air conditioning to the Leased Premises and based on the Common Areas pursuant foregoing standards (including any additional duct work necessary to the HVAC Specifications described as part of Landlord’s Improvements. During other timesmeet such standards), Landlord will provide to the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenantbe responsible, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Tenant’s sole cost and expense, for the addition, modification or relocation of any ductwork within the Leased Premises. The systems servicing the Leased Premises provided by Landlord pursuant to this Section 3.9 shall comply with all applicable state and local building codes. Tenant acknowledges that it has inspected the Leased Premises, and Tenant has not observed any mold, mildew or other moisture issue in the Leased Premises as of the date hereof. Landlord (a) shall pay not be liable for all electrical usage damages or otherwise should the furnishing of any heating, ventilation, and cooling identified in romanettes (i) and (ii) above be interrupted, and (b) upon reasonable prior notice to Tenant, shall be permitted to temporarily interrupt the heating, ventilation, and cooling services identified in romanettes (i) and (ii) above for the Supplemental AC Systems thatmaking of necessary repairs or improvements, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand loadas applicable, in the same manner exercise of Landlord’s rights hereunder so long as set forth Landlord agrees to utilize commercially reasonable efforts to minimize the duration of any such interruption and cause such interruption to occur after Tenant’s normal business hours, provided, however, in the event that any interruption continues for more than three (3) consecutive business days, Rent shall be abated in an equitable and just proportion relative to the diminution in the use of the Leased Premises as a result of such interruption, provided further that if such interruption shall continue for more than sixty (60) consecutive days, then Tenant shall have the right to terminate this Lease by written notice delivered to Landlord, provided such notice is delivered prior to the restoration of such service. Notwithstanding anything herein to the contrary, Landlord and Tenant acknowledge and agree that the terms provisions and conditions of this Section 6.1.2. Landlord represents and warrants that, throughout 3.9 relating to the Term, abatement of Rent or termination of the Premises will comply with Lease due to an interruption of service are not intended to apply in the fresh air norms established in ASHRAE standard 62-1989event of an interruption of services due to a casualty that is subject to the provisions of Article 6 of this Lease.

Appears in 1 contract

Samples: Warehouse Space Lease Agreement (Body Central Corp)

Heating, Ventilation and Air Conditioning. During Landlord shall, during Normal Business Hours, heating, furnish heating and cooling as normal seasonal changes may require to provide reasonably comfortable space temperature and ventilation and air conditioning to for occupants of the Premises and the Common Areas pursuant to the HVAC Specifications described as part of Landlord’s Improvements. During other times, Landlord will provide to the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than under normal business operation based on an occupancy not exceeding one (1) hour person per 150 square feet of useable area and an electrical load not exceeding the 5.0 xxxxx per square foot of usable area as adjusted by Landlord from time to time. If Tenant shall require air conditioning, heating or ventilation outside the hours and days above specified, Landlord may, at its option furnish such service and Tenant shall pay therefor such charges as may from time to time be in advance). Tenant will reimburse Landlord, effect for the Building upon demand as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that Tenant introduces into the Building personnel or equipment which overloads the capacity of any tenant Building System or in any other than way interferes with the Building System’s ability to perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord’s option, be provided by Landlord, and the cost of such supplementary systems shall be payable by Tenant shall use overtime to Landlord upon demand as Additional Rent. Notwithstanding anything to the contrary contained herein, should the HVAC at unit(s) exclusively serving the same time Premises require replacement during the Term (as Tenantmay be extended), Landlord shall pro rate Tenant’s cost of such overtime HVAC to promptly replace the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, same at its sole cost and expenseexpense so long as the replacement is not necessitated by the negligence or willful misconduct of Tenant. The HVAC unit(s) that Landlord shall provide will be designed to provide 350 square feet per ton of air conditioning and the design criteria for the HVAC equipment shall be as follows: Occupancy: 1 person/150 SF of usable area Electrical Consumption: 5.0 xxxxx/SF of usable area Winter: Indoor 70-75°F dry bulb (no humidity control) Outdoor: 0°F dry bulb Summer: Indoor 72-76°F dry bulb (50% RH) Outdoor: 91°F dry bulb Ventilation (fresh outside air) will be supplied into the Building at a minimum rate of 20 CFM per person, assuming one person per 150 SF of usable floor area, and will be no less than 10% of the primary air. All HVAC equipment will be capable of 100% outside air enthalpy control during economizer operation. Exhaust rate will be equal to 2 CFM per square foot of toilet room, minimum of 50-75 CFM per water closet or urinal. Rooftop units will be manufactured by Trane, Carrier, or approved equal and consist of MERV 8 filters, DX-cooling, indirect gas heating, economizer, night setback, VFDs, and DDC controls. Any supplemental cooling systems added by Tenant shall be paid for by Tenant and, for any such interior supplemental cooling equipment, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any also include a secondary drain pan installed underneath such units with a leak detection sensor that automatically shuts down the associated unit upon any leak detection. Any such equipment exceeding 500 pounds shall be separately metered, maintained, and repaired require structural engineering by a Landlord-approved structural engineer at Tenant’s sole cost and expensecost. Tenant No equipment, louvers, etc. shall pay for all electrical usage for be installed in any exterior walls without prior approval from the Supplemental AC Systems that, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989Landlord.

Appears in 1 contract

Samples: Lease Agreement (Deciphera Pharmaceuticals, Inc.)

Heating, Ventilation and Air Conditioning. During Business HoursSection 12.01 Landlord, at Landlord’s expense (except as may be set forth in Article 13), shall furnish and distribute to the Premises, through the Building’s heating, ventilation and air conditioning to the Premises and the Common Areas pursuant to the HVAC Specifications described as part of Landlord’s Improvements. During other times, Landlord will provide to the Premises for specified zones heat ventilating and air conditioning (“Overtime HVAC”) upon systems, heat, ventilating and air conditioning, as may be required for reasonably comfortable occupancy of the Premises during Building Hours (except during the holidays listed in the definition of Business Days). The Landlord’s HVAC specifications shall include the delivery of outside air CFM exceeding 20 per occupant; the system type consists of fan boxes wired to the electrical panel that services the Premises; electric reheat coils and baseboard radiation are connected to Tenant’s reasonable advance notice panel for additional comfort heating at the perimeter of the Building; the rooftop units have 100% air side economizer, return/supply fans and gas fired heaters for morning warm up; chilled water is supplied to the cooling coils in the rooftop units; and Tenant’s thermostats are connected to and programmed by Landlord (which must be during Business Hours however Tenant may, in its discretion and in no event less than one (1) hour in advanceat its sole cost and expense connect Tenant’s own “management system” to control their own thermostats within the Premises). Tenant Landlord represents that based on the floor plan and engineering specifications provided by Tenant, upon which Tenant’s Work will reimburse Landlordbe predicated, copies of which are attached hereto as Additional Rentpart of Exhibit C, Tenant’s Work will not materially interfere with the Building’s standard air distribution / ventilation throughout the Premises for Landlord’s actual increased incremental costs for Overtime HVAC, provided that reasonably comfortable occupancy; but Landlord shall deliver a written invoice makes not representations with respect to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between the floor plan changes or Tenant and such other tenants for such overtime HVACintroduces undisclosed office equipment (e.g. computers, servers, copiers, etc.) into the Premises. Landlord agrees to designTenant may, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floorby incorporating the same in its Tenant’s Work under Section 4.08, each capable of being operated individually. Landlord will provide air conditioning install a supplemental cooling unit to the PremisesBuilding condenser water system, for its exclusive use in accordance with Premises only for “IT” and “LAN” rooms , and then only subject to Landlord’s prior written approval in advance; and Tenant shall separately meter the HVAC Specificationssame at its sole cost and expense, and pay all costs of utilities for operating said system, including without limitation electricity, and supplemental chilled water charges. Notwithstanding anything in this Lease to Tenant shall be solely responsible for the contraryservice, Tenantrepair and maintenance of said system, at its sole cost and expense, and shall have the right provide Landlord with substantiation as to install adequate supplemental air those activities, upon Landlord’s reasonable requests. Section 12.02 If Tenant shall require heating, ventilating or air-conditioning unit(s) service at any time other than during Building Hours on Business Days (“Supplemental AC SystemsAfter Hours) in portions ), Landlord shall furnish the same upon advance notice from Tenant given prior to 2:00 P.M. on the last Business Day before the day on which After Hours service is requested , and Tenant shall pay Landlord’s actual costs therefor based on the then current Building rate (currently $ 120.00 per hour, per zone; each zone being a separate area within the Premises that is serviced by one of the six existing rooftop units), as such costs may be determined by Landlord and subject to change from time to time. Tenant acknowledges it is Tenant’s sole responsibility to determine when After Hours heat or cooling is necessary, for comfortable use of the Premises, as Tenant deems necessary and Landlord is not responsible to meet any standards of habitability for Tenant’s use during After Hours periods where After Hours heating or cooling has not been ordered by Tenant. In addition, Landlord shall not be responsible if the normal operation of the Building heating or ventilating system or the air conditioning system serving the Premises shall fail to provide such service in its sole discretion, accordance with the requirements of this Lease in any portions of the Premises (a) which shall be allowed to operate at all times; providedhave an unusual electrical load, howeveror which shall have a human occupancy factor in excess of one person per 135 square feet of rentable area, or (b) because of any rearrangement of partitioning or other Improvements by Tenant which has a material adverse effect on the circulation of the HVAC within the Premises. If Tenant’s use of the Premises exceeds such electrical or occupancy specifications, or if Tenant requires additional HVAC service for computer rooms, business machines, meeting rooms or other special purposes, any such units shall additional air conditioning units, chillers, condensers, compressors, ducts, piping and other equipment, will be separately metered, maintained, installed and repaired maintained by Tenant at Tenant’s sole cost and expense, but only if, in Landlord’s reasonable judgment, the same will not cause damage or injury to the Building or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or materially interfere with or disturb other tenants. Tenant shall pay for abide by all electrical usage written regulations and requirements which Landlord may reasonably prescribe for the Supplemental AC Systems thatproper functioning and protection of the heating, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents ventilating and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989conditioning systems.

Appears in 1 contract

Samples: Lease Agreement (Carbonite Inc)

Heating, Ventilation and Air Conditioning. During Business HoursIn addition to the payment of the Tenant’s Occupancy Costs and notwithstanding Sections 6.01 and 6.02, the Tenant shall be responsible for the cost of all heating, ventilation and air conditioning required in the Leased Premises or any part thereof in excess of that required to be provided by the Premises and Landlord under Section 6.02(d). If: (i) at any time during the Common Areas pursuant to Term the HVAC Specifications described as part Landlord shall determine, in consultation with an accredited engineer, that the cost of Landlord’s Improvements. During other timesthe heating, Landlord will provide to the Premises for specified zones heat ventilation and air conditioning required in the Leased Premises or any part thereof is in excess of that normally required in other parts of the Building which are used for normal office purposes; or (“Overtime HVAC”ii) at any time during the Term the Landlord installs at its own cost separate meters to measure the cost of the heating, ventilation and air conditioning required in the Leased Premises or any portion thereof and such meters demonstrate that the cost of the heating, ventilation and air conditioning required in the Leased Premises or any part thereof is in excess of that normally required in other parts of the Building that are used for normal office purposes; then, the Landlord may in each case deliver to the Tenant a statement in writing setting out the cost of the excess together with a reasonable administration fee and upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice receipt of the statement from time to Tenant for Overtime HVAC. In time the event that any tenant other than Tenant shall use overtime HVAC at promptly reimburse the same time Landlord for the amount shown in the statement as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC attributable to the extent that such cost may be ratably allocable between Leased Premises. The Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenantmay, at its sole cost and expenseoption, shall have at any time during the right Term request the Landlord to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of install, at the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Tenant’s sole cost and expense. Tenant shall pay for all electrical usage for , separate meters to measure the Supplemental AC Systems thatcost of the heating, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, ventilation and air-conditioning required in the same manner as set forth Leased Premises or any portion thereof and in Section 6.1.2. Landlord represents and warrants that, throughout the Termsuch case, the consumption of heating, ventilation and air-conditioning in the Leased Premises will comply with or any portion thereof separately metered shall be paid by the fresh air norms established in ASHRAE standard 62-1989Tenant based upon its actual usage or consumption of same is determined from such meters.

Appears in 1 contract

Samples: Lease Agreement (Shopify Inc.)

Heating, Ventilation and Air Conditioning. During Business Hours, Landlord shall provide heating, ventilation and air-conditioning service (“HVAC”) to the Premises in accordance with the HVAC Design Standards set forth in Exhibit O. All costs incurred by Landlord to provide HVAC service to the Premises shall be reimbursed by Tenant to Landlord as Additional Rent. Such costs shall include the cost of all utility services used in the operation of the HVAC system(s) providing HVAC service to the Premises. Landlord shall allocate to the Premises a portion of the total amount of such costs incurred with respect to the Building based upon the cubic footage of heated, chilled, and fresh air conditioning distributed to the Premises as indicated by the energy management system serving the Building as a percentage of the aggregate cubic footage of heated, chilled, and fresh air distributed in the entire Building for the applicable period of time. Tenant shall pay such costs monthly, together with monthly installments of Fixed Rent, on an estimated basis in amounts from time to time reasonably determined by Landlord. From time to time, and at least annually, Landlord shall deliver to Tenant a reasonably detailed statement setting forth the cubic footage of heated, chilled, and fresh air distributed to the Premises and the Common Areas pursuant to actual amount of such costs for the HVAC Specifications described respective period of time, together with a statement of the amounts previously paid by Xxxxxx on an estimated basis toward such costs as part of Landlord’s Improvementsaforesaid. During other times, Landlord will provide to If such statement indicates that the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon estimated amounts paid by Tenant are less than Tenant’s reasonable advance notice allocable share of the actual amount of such costs for such period of time, then Tenant shall pay the amount of such shortfall to Landlord within thirty (which must be during Business Hours and in no event less than one (130) hour in advance)days after delivery of such statement. If such statement indicates that Xxxxxx’s estimated payments for such period of time exceed the actual amount of such costs for such year, then Landlord shall credit the excess against the next due installment(s) of Additional Rent payable under this Section 10.3. Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenantresponsible, at its sole cost and expense, shall have for the right to install adequate installation, operation, repair, replacement and removal of any and all supplemental heating and air conditioning unit(s) (“Supplemental AC Systems”) in portions of equipment serving the Premises, as Tenant deems necessary including all air intake and exhaust equipment, units, exhausts, chillers, condensers, compressors, ducts, piping and other equipment required in its sole discretionconnection therewith, including all supplemental equipment required for (A) cooling any data center, server rooms and any other similar areas located in the Premises which shall be allowed require cooling in addition to operate at all times; provided, however, any such units shall be separately metered, maintainedthe standard level of cooling provided by Landlord, and repaired at Tenant’s sole cost (B) specialty exhaust services, including the exhaust for H2 rooms, radiation hoods and expense. Tenant shall pay for all electrical usage for the Supplemental AC Systems thatisotope hoods, combined with Tenant’s total electrical usage for the Premisesvivarium, is in excess of 9.0 xxxxx per rentable square foot per yearand any other special rooms or specialized equipment, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989(C) any other specialized purposes.

Appears in 1 contract

Samples: Lease Agreement (CRISPR Therapeutics AG)

Heating, Ventilation and Air Conditioning. During Business HoursTenant, at the Tenant's sole expense, shall provide such heating, ventilation and air conditioning as Tenant shall require and shall cause the Premises to remain heated, ventilated and cooled so as to prevent damage to the Building and not place a burden on the heating, ventilating or cooling systems of the Landlord (if any). Tenant shall maintain the heating, ventilating and air conditioning ("HVAC") systems serving the Premises ("HVAC Systems") in good order and repair throughout the Term, which obligation shall include, without limitation, all maintenance, repairs and replacements. Throughout the Term, Tenant shall maintain an HVAC service and preventative maintenance contract, which contract and related contractor shall be subject to Landlord's approval in all respects. Such HVAC contract shall include a requirement that the contractor provide Landlord with reasonable documentation on a quarterly basis to demonstrate that HVAC equipment maintenance and repair is being performed regularly and in accordance with applicable laws and manufacturer's recommendations. If the contractor fails to provide such documentation, Tenant shall be responsible for providing same. At the expiration or earlier termination of the Term, Tenant shall, upon Landlord's request, assign any HVAC contracts to Landlord. Notwithstanding anything to the contrary above in this Section 7.2, "HEATING, VENTILATION, AND AIR CONDITIONING.", Tenant and Landlord agree as follows. An "HVAC Unit" shall be deemed to be a so-called "package" HVAC unit mounted on the roof and serving the Premises exclusively, which unit can be purchased and delivered as a complete unit (as opposed to fabricated or customized in the field). The replacement of a particular HVAC Unit shall be deemed to be required (a "Required Replacement") when such HVAC Unit cannot be repaired or the cost of a particular repair to such HVAC Unit would exceed 40% of the cost to replace such HVAC Unit with a new HVAC Unit comparable in its capacity to heat, ventilate and cool. In the event of a Required Replacement, Landlord shall be obligated to perform such Required Replacement, at Landlord's expense, provided that all of the following conditions (the "Required Replacement Preconditions") are met, a. Tenant is not and has not at any time during the immediately preceding twelve months been in default under the Lease beyond any applicable cure period, b. Tenant is not using and has not at any time used the Premises for any purpose that may have materially adversely affected the HVAC Systems (as determined by three competent engineers knowledgeable of HVAC systems, one working for Tenant, one working for Landlord and a third selected by the first two), c. Tenant has complied with the provisions of the Lease which relate to maintenance of the Premises, in particular and without limitation, Tenant's obligations with respect to maintenance of the HVAC Systems, d. Tenant is not doing and has not at any time done anything which would place an excessive burden on any of the HVAC Systems (as determined by three competent engineers knowledgeable of HVAC systems, one working for Tenant, one working for Landlord and a third selected by the first two), e. Tenant is not using and has not at any time used any of the HVAC Systems for purposes other than those purposes for which such HVAC Systems were designed, f. Tenant is not doing and has not at any time done any negligent act or misconduct which would give rise, directly or indirectly, to the necessity of such replacement (as determined by three competent engineers knowledgeable of HVAC systems, one working for Tenant, one working for Landlord and a third selected by the first two), g. Landlord determines independently based on information provided by competent engineers knowledgeable of HVAC systems that such replacement HVAC Systems will provide the heating, ventilation and air conditioning that would otherwise have been provided by the HVAC Systems existing as of the Term Commencement Date in their then condition under the circumstances (e.g. the layout and use of the Premises) existing as of the Term Commencement Date (e.g. as opposed to satisfying new HVAC requirements based on changes in the Premises or other changes) (and in the event Tenant contests Landlord's determination, the matter shall be resolved by three competent engineers knowledgeable of HVAC systems, one working for Tenant, one working for Landlord and a third selected by the first two), h. in the case where repair costs are anticipated to exceed 40% of replacement costs, Landlord has determined independently that the cost of the repairs which would otherwise be required do in fact exceed 40% of the cost to replace the applicable HVAC Unit (and in the event Tenant contests Landlord's determination, the matter shall be resolved by three competent engineers knowledgeable of HVAC systems, one working for Tenant, one working for Landlord and a third selected by the first two), i. in the case where the applicable HVAC Unit cannot be repaired, such fact has been determined by three competent engineers knowledgeable of HVAC systems, one working for Tenant, one working for Landlord and a third selected by the first two, j. Notwithstanding the foregoing, Landlord shall under no circumstances be required to replace an HVAC Unit if the cost of such replacement is less than $3,000 or the HVAC Unit to be replaced was installed by Tenant after the Term Commencement Date. Landlords obligations with respect to Required Replacements also shall be subject to all of the following. Tenant shall notify Landlord in writing of the Required Replacement. Such notice shall include (a) original quotes from at least two reputable contractors to perform the repairs which would be required notwithstanding the Required Replacement or (b) an original letter, signed and stamped by a competent engineer knowledgeable of HVAC systems, indicating that the applicable HVAC Unit cannot be repaired. Upon receipt of such notice, Landlord shall have 30 days to establish that the Required Replacement Preconditions have been met, including, without limitation, obtaining any relevant information from any contractors and engineers as Landlord deems necessary. Tenant agrees to cooperate and coordinate with Landlord in this regard, including, without limitation, (a) responding to Landlord's requests and the requests of Landlord's contractors and engineers for information and (b) permitting Landlord and Landlord's contractors and engineers access to the Premises and the Common Areas pursuant to HVAC Systems and related records and other information. If and when Landlord has established that the HVAC Specifications described as part of Landlord’s Improvements. During other times, Landlord will provide to the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as TenantRequired Replacement Preconditions have been met, Landlord shall pro rate Tenant’s cost proceed diligently at Landlord's expense to replace the applicable HVAC Unit. Tenant agrees that Tenant shall reimburse Landlord for all costs (including without limitation, hourly fees for administrative and management personnel and an allocation for overhead and profit) (a) related to any upgrades of any HVAC Unit if the Tenant requests that the replacement of such overtime HVAC to the extent Unit have capabilities that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to designare new, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Tenant’s sole cost and expense. Tenant shall pay for all electrical usage for the Supplemental AC Systems that, combined with Tenant’s total electrical usage for the Premises, is different or in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents HVAC Unit being replaced and warrants that, throughout (b) if it is determined that the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989Required Replacement Preconditions have not been met.

Appears in 1 contract

Samples: Office Building Lease (NeuroMetrix, Inc.)

Heating, Ventilation and Air Conditioning. During (a) The Landlord shall provide processed air in such quantities and at such temperatures as shall maintain in the Premises conditions of reasonable temperature and comfort during Business Hours having regard to the age and size of the Building and the capacity and limitations of the HVAC System. If the Tenant requests the provision of processed air outside Business Hours, the Landlord shall provide such processed air at the Tenant's cost determined in accordance with the Landlord's standard rate Schedule for such additional service in effect from time to time. The charges for after Business Hours HVAC supply are currently Fifteen Dollars ($15.00) per hour during the winter and Thirty-five Dollars ($35.00) per hour during the summer. (b) If the Tenant requests interior climate control services that, in the Landlord's reasonable opinion, differ in any material respect from the standard services provided by the Landlord for 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 affect the aesthetics of the Common Areas or the exterior aesthetics 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 will pay to the Landlord all costs, both non recurring and recurring, of providing such services. Such costs will be determined by the Landlord in a reasonable manner. The Landlord may discontinue such services if this becomes necessary to maintain or provide an equitable standard of service to all tenants or other occupants of the Building. (c) Notwithstanding Section 6.04(a) the Released Persons shall not be responsible for inadequate performance of the HVAC System (i) if this is attributable to any design, specifications, 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 occupancy level of the Premises exceeds one person to everyone hundred (100) square feet of rentable area of the Premises on an open floor basis, or (iii) if the Tenant does not keep the heating, ventilation and or air conditioning to vents or air returns free and clear of all obstructions. (d) Arrangement of partitions, equipment or special purpose areas, or the installation of equipment with high levels of heat production by the Tenant may require alteration of the portion of the air conditioning and ventilation systems located within the Premises. Balancing of the system within the Premises shall be at the Tenant's expense. The Tenant acknowledges that the heating, air conditioning and ventilation system serving the Premises or the Building may require initial balancing or that alterations made from time to time whether inside the Premises or in other areas of the Building, may temporarily cause imbalance of the heating, air conditioning and ventilation system, and the Common Areas pursuant to the HVAC Specifications described as part Tenant shall allow a reasonable amount of Landlord’s Improvementstime for such readjustment and rebalancing. During other times, Landlord will provide to The interior office layout or partitioning of the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must shall be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In modified by the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premisesif necessary, in accordance with the reasonable requirements of the Landlord to secure maximum efficiency of the HVAC SpecificationsSystem serving the Premises. Notwithstanding anything in this Lease The Tenant shall comply with all the Rules and Regulations pertaining to the contrary, Tenant, at its sole cost operation and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in regulation of those portions of the HVAC System within and serving the Premises, as Tenant deems necessary in its sole discretion, failing which the Landlord shall be allowed entitled to operate at all times; providedtake such steps as it deems advisable including, howeverwithout limitation, any such units shall be separately metered, maintainedentering upon the Premises and taking the necessary corrective action, and repaired at Tenant’s sole cost the Tenant will pay to the Landlord, as an Additional Service, all costs incurred by the Landlord in so doing. (e) Tenant shall not install in the Premises, without the Landlord's prior written consent, equipment (including telephone equipment) which generates sufficient heat to affect the temperature otherwise maintained in the Premises by the air conditioning system as normally operated. The Landlord may install supplementary air conditioning units, facilities or services in the Premises, or modify its air conditioning system, as may in the Landlord's reasonable opinion be required to maintain proper temperature levels, and expense. Tenant shall pay for all electrical usage for the Supplemental AC Systems thatLandlord the cost thereof including, combined with Tenant’s total electrical usage for the Premiseswithout limitation, is in excess of 9.0 xxxxx per rentable square foot per yearinstallation, demand load, in the same manner operation and maintenance expenses as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989an Additional Service.

Appears in 1 contract

Samples: Lease Agreement (Polar Wireless Corp.)

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Heating, Ventilation and Air Conditioning. During Normal Business Hours, Landlord shall ventilate the Premises and furnish heating or air conditioning when in the reasonable judgment of Landlord it may be required for the comfortable occupancy of the Premises or when required by law. Heating, air conditioning and ventilation shall be available to Tenant at all times outside of Normal Business Hours upon reasonable prior notice from Tenant to Landlord specifying the service needed and the floors of the Premises (if less than all) to be so serviced. Tenant shall pay the reasonable and actual cost of providing heating, ventilation and or air conditioning from the Building's central system outside of Normal Business Hours. Tenant shall be responsible for keeping all exterior doors to the Premises and all exterior windows in the Common Areas pursuant Premises closed. Tenant shall cooperate with Landlord and comply with such reasonable rules as Landlord may establish from time to time to preserve the efficiency and integrity of the HVAC Specifications described as part of Landlord’s ImprovementsSystem. During other times, Landlord will provide to Tenant shall not install or use in the Premises for specified zones any equipment that generates heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with adversely affect the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, System without Landlord's prior written consent which shall not be allowed to operate at all timesunreasonably withheld or delayed; provided, however, any such units that it shall be separately meteredreasonable for Landlord to refuse 56 65 consent unless Tenant's proposal can be modified to mitigate any adverse impact on the HVAC System. Throughout the Term, maintainedLandlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioning, fan, ventilating and repaired at Tenant’s sole cost machine rooms, telephone rooms and expenseelectrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall pay for all electrical usage for the Supplemental AC Systems thatnot construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to such installations, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply or unreasonably interfere with the fresh air norms established moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in ASHRAE standard 62-1989any manner adversely affect the HVAC System.

Appears in 1 contract

Samples: Lease Agreement (Schwab Charles Corp)

Heating, Ventilation and Air Conditioning. During (a) Landlord shall furnish heating to the Premises during Business Hours. Heating service shall be available to Tenant outside of Business Hours on an overtime basis at a cost of $200.00 per hour (which amount is DocuSign Envelope ID: 9A9C9B12-A895-460A-B922-02EA96CBF419888 F039-07D3 96C 95C7 5 F6CAE9878F (b) Tenant acknowledges that the Fixed Rent does not include any charge to Tenant for the furnishing of air conditioning and that air conditioning shall be provided by the water-cooled air conditioning unit servicing the Premises that have heretofore been installed by Landlord (the “Base Building A/C Unit”), which unit shall be controlled by Tenant. All electricity consumed by operation of the Base Building A/C Unit (whether for operation during or after Business Hours, heating, ventilation and air conditioning to whether or not on Business Days) shall be submetered and paid for by Tenant (as set forth above). Landlord shall be responsible for the Premises repair and replacement of the Common Areas pursuant to major components of the HVAC Specifications described as part of Base Building A/C Unit at Landlord’s Improvements. During other times, Landlord will provide to the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Tenant’s sole cost and expense. Tenant shall pay for all electrical usage for to Landlord directly (within 30 days after receipt of an invoice therefor) the Supplemental AC Systems thatactual out-of-pocket costs of cleaning and otherwise repairing and maintaining the Base Building A/C Unit, combined at rates which are competitive with rates of other air conditioning maintenance contractors providing comparable services to Comparable Buildings, provided that such amount shall be capped at $3,000 per calendar year. In addition, Tenant shall have the right to install in the Premises supplemental air conditioning units, subject to Landlord’s reasonable approval and Tenant’s total compliance with Requirements and to the other provisions of this Lease including without limitation those provisions governing Alterations and electricity. (c) Landlord shall have access to all air-cooling, fan, ventilating and machine rooms and electrical usage for closets and all other mechanical installations of Landlord (collectively, “Mechanical Installations”), and Tenant shall not construct partitions or other obstructions which may interfere with Landlord’s access thereto or the moving of Landlord’s equipment to and from the Mechanical Installations (provided that Landlord shall use commercially reasonable efforts, in consultation with Tenant , to locate any and all such Mechanical Installations in areas that will minimize interference with Xxxxxx’s use of the Premises). No Tenant Party shall at any time enter the Mechanical Installations or tamper with, is adjust, or otherwise affect such Mechanical Installations. Except to the extent caused by the negligence or willful misconduct of a Landlord Party, Landlord shall not be responsible if the HVAC System fails to provide cooled or heated air, as the case may be, to the Premises in accordance with the Design Standards by reason of (i) any equipment installed by, for or on behalf of Tenant, which has an electrical load in excess of 9.0 xxxxx per rentable square foot per yearthe average electrical load and human occupancy factors for the HVAC System as designed, demand loador (ii) any rearrangement of partitioning or other Alterations made or performed by, for or on behalf of Tenant. Landlord shall install prior to the Commencement Date, if missing, blinds or shades on all windows. Tenant shall keep all of the operable windows in the same manner Premises closed, and lower the blinds when necessary because of the sun’s position, whenever the HVAC System is in operation or as set forth in Section 6.1.2and when required by any Requirement. Tenant shall cooperate with Landlord represents and warrants that, throughout shall abide by the Term, rules and regulations which Landlord may reasonably prescribe for the Premises will comply with proper functioning and protection of the fresh air norms established in ASHRAE standard 62-1989HVAC System.

Appears in 1 contract

Samples: Office Lease (1stdibs.com, Inc.)

Heating, Ventilation and Air Conditioning. During Business Hours, 24.1 All heating, ventilation and air conditioning (“HVAC”) service is to the Premises and the Common Areas be furnished by Master Landlord pursuant to the terms, conditions and standards contained in the Primary Lease Documents, and Sublandlord shall not be responsible for interruptions, stoppages or changes in the quality or quantity of such HVAC Specifications described as part of Landlord’s Improvementsservice. During Any overtime HVAC service shall be requested from Master Landlord by reasonable prior notice to Sublandlord or such other times, Landlord will provide direct access arrangement acceptable to the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Master Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVACOverlandlord and Sublandlord, provided that Landlord Subtenant pays all charges imposed therefor under the Primary Lease Documents as additional rent hereunder upon demand by Sublandlord. Subtenant shall deliver a written invoice be responsible for the maintenance repair and replacement of all ducts, air handling equipment and related facilities located within and serving the Subleased Premises. Sublandlord shall have no obligation to Tenant for Overtime HVAC. In the event that supply Subtenant with any tenant other than Tenant shall use overtime supplemental HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC service or to provide Subtenant with any condenser water or “tap-ins” to the extent Building’s condenser water system; provided that such cost Subtenant may be ratably allocable between Tenant use any supplemental air-conditioning equipment existing in the Subleased Premises on the Commencement Date (without representation or warranty by Sublandlord, express or implied) and such other tenants that Subtenant is obligated for such overtime HVAC. Landlord agrees to design, construct the costs associated with any condenser water incurred in connection with servicing the Subleased Premises and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to shall pay Sublandlord the Premises, in accordance charges therefor incurred by Sublandlord within ten (10) business days after demand. 24.2 Sublandlord shall reasonably cooperate with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, TenantSubtenant, at its Subtenant’s sole cost and expense, shall have the right to install adequate request tap-ins to Master Landlord’s condenser water system or obtain any condenser water and/or chilled air from Master Landlord for Subtenant’s supplemental air conditioning unit(s) (“Supplemental AC Systems”) equipment or utilization of a roof top, separate condenser water tank, in portions addition to condenser or chilled water available to Sublandlord for the Oxxxxxxxx Premises as of the Premisesdate hereof, provided that any such requests would not result in a reduction in the quantity, or increase the cost of, tap-ins, condenser water or chilled air provided by Master Landlord to the Oxxxxxxxx Premises or to any subtenant or other occupant of the Oxxxxxxxx Premises as Tenant deems necessary in its sole discretionof the date hereof; and, which provided further, such requests shall not be obtained pursuant to the Oxxxxxxxx or Master Lease and Overlandlord and Master Landlord shall so agree and further agree that Sublandlord shall have no liability therefor, for the payment of any charges therefor, for the removal or restoration thereof at the expiration or earlier termination of the Oxxxxxxxx or Sublease or for any damages or liability related to such tap-ins, condenser water or chilled air or any work or equipment associated therewith. Notwithstanding the foregoing, Subtenant shall be allowed entitled to operate at Subtenant’s Proportionate Share of all times; providedHVAC service provided by Master Landlord to the Oxxxxxxxx Premises in accordance with, howeverand subject to, any the terms of the Primary Lease Documents. Any and all such units tap-ins or condenser water installations shall be separately metered, maintained, deemed to be an Alteration hereunder and repaired shall be performed at TenantSubtenant’s sole cost and expense. Tenant Nothing contained herein shall pay for all electrical usage for constitute a representation or warranty by Sublandlord as to whether, or the Supplemental AC Systems extent to which, any such condenser water installations or tap-ins may be available from Master Landlord. If such tap-ins, condenser water or chilled air installations is made available to Subtenant, Sublandlord and Subtenant shall execute an amendment to this Sublease which incorporates the terms and conditions agreed to by Master Landlord, Overlandlord and Sublandlord with respect thereto. Subtenant represents that, combined as of the date hereof, Subtenant is seeking to enter into a separate agreement with Tenant’s total electrical usage for Master Landlord concerning the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as matters set forth in Section 6.1.2an email correspondence dated March 31, 2005 between the general manager of Equity Office Properties, as agent for Master Landlord, and Subtenant’s real estate broker, as agent for Subtenant attached hereto and made a part hereof as Exhibit “D”. Landlord represents and warrants thatSublandlord does not object to Subtenant entering into such separate agreement with Master Landlord, throughout the Term, the Premises will comply provided that such agreement is in accordance with the fresh air norms established provisions above. Unless otherwise agreed to in ASHRAE standard 62writing by Master Landlord, Overlandlord and Sublandlord, Subtenant shall disconnect any and all tap-1989ins installed by Subtenant pursuant to the terms of this Article and repair any damage caused thereby prior to the Sublease Expiration Date.

Appears in 1 contract

Samples: Sublease Agreement (First Albany Companies Inc)

Heating, Ventilation and Air Conditioning. During Business Hours, heating, ventilation and air conditioning to The parties hereby acknowledge that the Premises and the Common Areas pursuant to Base Building portion of the HVAC Specifications described System (“Base Building HVAC System”) to be installed by Landlord as part of Landlord’s Improvements. During other timesWork, Landlord will provide provide: (i) chilled water (“Chilled Water”) to be utilized by the portion of the HVAC System to be installed by Tenant as part of Tenant’s Work (“Premises HVAC Equipment”), (ii) condenser water (“Condenser Water”) which may, if applicable, be utilized by Tenant to serve supplemental air conditioning units and related equipment (“Supplemental HVAC Equipment”) to cool areas in the Premises which may be installed by Tenant in accordance with the provisions of this Lease, and (iii) hot water for heating (“Hot Water”), all at least equal to the minimum specifications and requirements set forth in the Base Building Plans and Specifications. Landlord shall not be responsible based upon any failure or defect in either the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon HVAC Equipment and/or any Supplemental HVAC Equipment or Tenant’s reasonable advance notice use of the Premises which exceeds the electrical, human occupancy or environmental factors for which the Premises HVAC Equipment or Supplemental HVAC Equipment is designed (which must be during Business Hours based on the capacity set forth in the Base Building Plans and in no event less than one (1) hour in advanceSpecifications). Tenant will reimburse shall install (as part of Tenant’s Work), at Landlord’s cost and expense, one or more submeters to measure Tenant’s use of Chilled Water, Hot Water and, if applicable, Condenser Water, in the Premises. Tenant shall pay the actual utility cost of Tenant’s use of (x) the Chilled Water outside of Normal Business Hours, (y) Hot Water outside of Normal Business Hours, and (z) if applicable, Condenser Water both within and outside of Normal Business Hours, each of which is comprised of the cost of domestic water, electricity and gas consumed in connection therewith and as measured by said submeter(s), without markup. From and after the Commencement Date or such later date as Chilled Water, Hot Water and, if applicable, Condenser Water, is provided to the Premises, Tenant shall pay to Landlord, as Additional Rent, on demand from time to time, but not more frequently than monthly, for Chilled Water, Hot Water and, if applicable, Condenser Water, as aforesaid, based on such submeter(s) (“Tenant’s HVAC Charge”). At Landlord’s actual increased incremental costs election, on a monthly basis at the time and in the fashion herein provided for Overtime HVACthe payment of Annual Fixed Rent, provided that Tenant shall pay Landlord, as Additional Rent, an amount equal to 1/12th of the annual amount of Tenant’s HVAC Charge, as reasonably estimated by Landlord. Following the end of each full or partial calendar year during the Lease Term, Landlord shall deliver a written invoice to Tenant a statement setting forth the amount of Tenant’s HVAC Charge based on Tenant’s actual usage of Chilled Water, Hot Water and, if applicable, Condenser Water for Overtime HVACthe partial or full calendar year in question and the sum of Tenant’s HVAC Charge estimates that have been paid by Tenant. In If the event that any tenant other than amount of Tenant’s HVAC Charge exceeds the sum of the Tenant’s HVAC Charge estimates paid by Tenant for such period, Tenant shall use overtime pay Landlord the difference within thirty (30) days after receipt of such statement. If the sum of the Tenant’s HVAC at the same time as Charge estimates paid by Tenant for such period exceeds Tenant’s HVAC Charge for such period, Landlord shall pro rate credit the difference toward the Tenant’s cost HVAC Charge estimate payment(s) next due and, at the end of such overtime the Lease Term, refund any excess amount of Tenant’s HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Charge estimates paid by Tenant, at its sole cost and expense, shall have less the right amount of any moneys owed to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Landlord by Tenant’s sole cost and expense. Tenant shall pay for all electrical usage for the Supplemental AC Systems that, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989.

Appears in 1 contract

Samples: Lease Agreement (CarGurus, Inc.)

Heating, Ventilation and Air Conditioning. During Business HoursSECTION 12.01 Landlord, at Landlord's expense (except as may be set forth in Article 13), shall furnish and distribute to the Premises, through the Building heating, ventilating and air conditioning systems, heat, ventilating and air conditioning, as may be required for reasonably comfortable occupancy of the Premises during business hours and on business days. Landlord and Tenant further agree to operate the heating, ventilating and air conditioning equipment in accordance with their designs criteria unless a recognized energy or water conservation program, guidelines, regulations or recommendations promulgated by any Federal, State, City or other govermental or quasi-governmental bureau, board, department, agency, office, commission or other subdivision thereof or the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc. or any successor thereto or other organization serving a similar function 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 program, guidelines, regulations or recommendations. SECTION 12.02 If Tenant shall require heating, ventilating or air conditioning service at any time other than during business hours on business days ("after hours"), Landlord shall furnish the same upon advance notice from Tenant, given prior to 2.00 P.M. on any business day on which Tenant requires such after hours heating, ventilating or air conditioning or if Tenant shall desire heating, ventilation and or air conditioning to the Premises and the Common Areas pursuant to the HVAC Specifications described as part of Landlord’s Improvements. During on a day other timesthan a business day, Landlord will provide shall furnish the same upon advance notice from Tenant given prior to 2.00 P.M. on the Premises for specified zones last business day to occur prior to such non-business day, and Tenant shall pay Landlord's then established charges therefor as Additional Rent on demand. If any of the other tenants shall request and receive heat after hours or other tenants on the same floor shall request and receive air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC after hours at the same time as Tenant, only that equitably pro- rated portion of the charge made by Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which service shall be allowed allocated to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Tenant’s sole cost and expense. Tenant shall pay for all electrical usage for the Supplemental AC Systems that, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989.

Appears in 1 contract

Samples: Lease (Asi Solutions Inc)

Heating, Ventilation and Air Conditioning. During Landlord shall furnish to the Premises during Business Hours, Hours heating, ventilation and air conditioning to the Premises and the Common Areas pursuant to the HVAC Specifications described as part of Landlord’s Improvements. During other times, Landlord will provide to the Premises for specified zones heat and air air-conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the standards to which the Base Building Systems have been designed as set forth on Exhibit H-Base Building HVAC Specificationsattached hereto. Notwithstanding anything in this Lease Landlord shall have access to all air-cooling, fan, ventilating and machine rooms and electrical closets and all other mechanical installations of Landlord (collectively, “Mechanical Installations”), and Tenant shall not construct partitions or other obstructions which may interfere with Landlord’s access thereto or the moving of Landlord’s equipment to and from the Mechanical Installations. No Tenant Party shall at any time enter the Mechanical Installations or tamper with, adjust, or otherwise affect such Mechanical Installations. Landlord shall not be responsible if the HVAC System fails to provide cooled or heated air, as the case may be, to the contraryPremises in accordance with the standards to which the Base Building Systems have been designed by reason of (i) any equipment installed by, for or on behalf of Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) which has an electrical load in portions excess of the Premisesaverage electrical load and human occupancy factors for the HVAC System as designed, as or (ii) any rearrangement of partitioning or other Alterations made or performed by, for or on behalf of Tenant deems necessary in its sole discretionLandlord shall install, if missing or broken, new Building Standard blinds or shades on all windows within thirty (30) days following the date on which shall be allowed to operate at all timesTenant Substantially Completes the Tenant Improvements and thereafter promptly upon Landlord’s receipt of written notice from Tenant if such blinds or shades are defective or need replacement from ordinary wear and tear; provided, however, any if Tenant breaks such units blinds or shades, Tenant shall be separately metered, maintained, and repaired at Tenant’s sole cost and expenseinstall new Building Standard blinds or shades on such damaged windows. Tenant shall pay for all electrical usage keep operable windows in the Premises closed whenever the HVAC System is in operation or as and when required by any Requirement. Tenant shall cooperate with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the Supplemental AC Systems thatproper functioning and protection of the HVAC System. Landlord shall provide reasonable notice to Tenant of any repairs or replacements in order for Tenant to make arrangements to move furniture, combined with Tenant’s total electrical usage for files and other miscellaneous items in the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989.

Appears in 1 contract

Samples: Deed of Lease (Carlyle Group L.P.)

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