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

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 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 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 System. Tenant shall not install or use in the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlord's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable 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, Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioning, fan, ventilating and machine rooms, telephone rooms and electrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to such installations, or unreasonably interfere with the moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC System.

Appears in 1 contract

Sources: Lease Agreement (Schwab Charles Corp)

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 or and 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 to the HVAC Specifications described as part of Landlord’s Improvements. During other times, Landlord will provide to the Premises closedfor 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 cooperate with Landlord and comply with such reasonable rules as Landlord may establish from time deliver a written invoice to time to preserve Tenant for Overtime HVAC. In the efficiency and integrity of the HVAC System. event that any tenant other than Tenant shall not install or use in overtime HVAC at the Premises any equipment same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that generates heat 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 adversely affect 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 System without Landlord's prior written consent 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 not be unreasonably withheld or delayedallowed to operate at all times; provided, however, that it any such units shall be reasonable 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 ▇▇▇▇▇ per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord to refuse 56 65 consent unless Tenant's proposal can be modified to mitigate any adverse impact on the HVAC System. Throughout represents and warrants that, throughout the Term, Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioning, fan, ventilating and machine rooms, telephone rooms and electrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to such installations, or unreasonably interfere Premises will comply with the moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise fresh air norms established in any manner adversely affect the HVAC SystemASHRAE standard 62-1989.

Appears in 1 contract

Sources: Office Lease Agreement (Royal Caribbean Cruises LTD)

Heating, Ventilation and Air Conditioning. During Normal Business HoursTenant, Landlord at the Tenant's sole expense, shall ventilate provide such heating, ventilation and air conditioning as Tenant shall require and shall cause the Premises to remain heated, ventilated and furnish heating 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 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 ("HVAC") systems serving the Premises (if less than all"HVAC Systems") to be so servicedin good order and repair throughout the Term, which obligation shall include, without limitation, all maintenance, repairs and replacements. Throughout the Term, Tenant shall pay 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 actual cost of providing heatingrepair is being performed regularly and in accordance with applicable laws and manufacturer's recommendations. If the contractor fails to provide such documentation, ventilation or air conditioning from the Building's central system outside of Normal Business Hours. Tenant shall be responsible for keeping 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 exterior doors 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 all exterior windows in the Premises closedHVAC Systems and related records and other information. If and when Landlord has established that the Required Replacement Preconditions have been met, Landlord shall proceed diligently at Landlord's expense to replace the applicable HVAC Unit. Tenant agrees that Tenant shall cooperate with reimburse Landlord for all costs (including without limitation, hourly fees for administrative and comply with 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 reasonable rules as Landlord may establish from time to time to preserve the efficiency and integrity HVAC Unit have capabilities that are new, different or in excess of the HVAC System. Tenant shall Unit being replaced and (b) if it is determined that the Required Replacement Preconditions have not install or use in the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlord's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable 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, Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioning, fan, ventilating and machine rooms, telephone rooms and electrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to such installations, or unreasonably interfere with the moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC Systembeen met.

Appears in 1 contract

Sources: Office Building Lease (NeuroMetrix, Inc.)

Heating, Ventilation and Air Conditioning. During Normal Business Hours, Landlord shall ventilate provide heating, ventilation and air-conditioning service (“HVAC”) to the Premises and furnish heating or air conditioning when in accordance with the reasonable judgment of HVAC Design Standards set forth in Exhibit O. All costs incurred by Landlord it may be required for the comfortable occupancy of to provide HVAC service to 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 reimbursed by Tenant to Landlord specifying as Additional Rent. Such costs shall include the service needed and cost of all utility services used in the floors operation of the HVAC system(s) providing HVAC service to the Premises. Landlord shall allocate to the Premises (if less than all) a portion of the total amount of such costs incurred with respect to be so servicedthe Building based upon the cubic footage of heated, chilled, and fresh air 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 reasonable cubic footage of heated, chilled, and fresh air distributed to the Premises and the actual cost amount of providing heatingsuch costs for the respective period of time, ventilation or air conditioning from together with a statement of the Building's central system outside amounts previously paid by ▇▇▇▇▇▇ on an estimated basis toward such costs as aforesaid. If such statement indicates that the estimated amounts paid by Tenant are less than Tenant’s allocable share of Normal Business Hoursthe actual amount of such costs for such period of time, then Tenant shall pay the amount of such shortfall to Landlord within thirty (30) days after delivery of such statement. If such statement indicates that ▇▇▇▇▇▇’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 shall be responsible responsible, at its sole cost and expense, for keeping all exterior doors to the Premises installation, operation, repair, replacement and removal of any and all exterior windows supplemental heating and air conditioning equipment serving the Premises, including all air intake and exhaust equipment, units, exhausts, chillers, condensers, compressors, ducts, piping and other equipment required in connection therewith, including all supplemental equipment required for (A) cooling any data center, server rooms and any other similar areas located in the Premises closed. Tenant shall cooperate with Landlord which require cooling in addition to the standard level of cooling provided by Landlord, and comply with such reasonable rules as Landlord may establish from time to time to preserve (B) specialty exhaust services, including the efficiency and integrity of the HVAC System. Tenant shall not install or use in the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlord's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable exhaust 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, Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioning, fan, ventilating and machine H2 rooms, telephone radiation hoods and isotope hoods, vivarium, and any other special rooms or specialized equipment, and electrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or (C) any other obstructions that might unreasonably interfere with Landlord's free access to such installations, or unreasonably interfere with the moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC Systemspecialized purposes.

Appears in 1 contract

Sources: Lease Agreement (CRISPR Therapeutics AG)

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. Heatingprovide, 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 during the service needed Term, the following: (i) in the Warehouse Spaces in Bays 1.5, 1.7 and the floors 2.7 of the Premises 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, (if less than allii) in the Office Space in Bay 2.8 of the Leased Premises, as well as the Lobby Offices, heating, cooling and ventilation to be so servicedgeneral 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. Tenant shall pay Notwithstanding the reasonable and actual cost of providing foregoing, for clarification, Landlord will not provide heating, ventilation or air conditioning from to the Building's central system outside of Normal Business HoursBonus 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 based on the foregoing standards (including any additional duct work necessary to meet such standards), Tenant shall be responsible responsible, at Tenant’s sole cost and expense, for keeping 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 exterior doors to applicable state and local building codes. Tenant acknowledges that it has inspected the Premises Leased Premises, and all exterior windows Tenant has not observed any mold, mildew or other moisture issue in the Leased 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 Systemdate hereof. Tenant shall not install or use in the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlord's prior written consent which Landlord (a) shall not be unreasonably withheld liable for damages or delayed; 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 making of necessary repairs or improvements, as applicable, in the exercise of Landlord’s rights hereunder so long as 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 it any interruption continues for more than three (3) consecutive business days, Rent shall be reasonable 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 Landlord more than sixty (60) consecutive days, then Tenant shall have the right to refuse 56 65 consent unless Tenant's proposal can be modified terminate this Lease by written notice delivered to mitigate any adverse impact on Landlord, provided such notice is delivered prior to the HVAC Systemrestoration of such service. Throughout Notwithstanding anything herein to the Termcontrary, Landlord shall have free access and Tenant acknowledge and agree that the terms provisions and conditions of this Section 3.9 relating to any and all mechanical installations the abatement of Landlord Rent or Tenant, including, but termination of the Lease due to an interruption of service are not limited intended to air conditioning, fan, ventilating and machine rooms, telephone rooms and electrical closets, apply in the event of an interruption of services due to a casualty that is subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to such installations, or unreasonably interfere with the moving provisions of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC SystemArticle 6 of this Lease.

Appears in 1 contract

Sources: Warehouse Space Lease Agreement (Body Central Corp)

Heating, Ventilation and Air Conditioning. During Normal (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 ventilate 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 and furnish heating 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 conditioning when in which the reasonable judgment 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 it may be required for acting reasonably, (ii) if the comfortable occupancy level of the Premises or when required by law. Heating, air conditioning and ventilation shall be available exceeds one person to Tenant at all times outside everyone hundred (100) square feet of Normal Business Hours upon reasonable prior notice from Tenant to Landlord specifying the service needed and the floors rentable area of the Premises on an open floor basis, or (iii) if less than all) to be so serviced. the Tenant shall pay does not keep the reasonable and actual cost of providing heating, ventilation or air conditioning from vents or air returns free and clear of all obstructions. (d) Arrangement of partitions, equipment or special purpose areas, or the Building's central 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 outside of Normal Business Hours. Tenant within the Premises shall be responsible for keeping all exterior doors to at the Tenant's expense. The Tenant acknowledges that the heating, air conditioning and ventilation system serving the Premises and all exterior windows in or the Premises closed. Tenant shall cooperate with Landlord and comply with such reasonable rules as Landlord Building may establish 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 Tenant shall allow a reasonable amount of time for such readjustment and rebalancing. The interior office layout or partitioning of the Premises shall be modified by the Tenant, if necessary, in accordance with the reasonable requirements of the Landlord to preserve the secure maximum efficiency and integrity of the HVAC SystemSystem serving the Premises. The Tenant shall comply with all the Rules and Regulations pertaining to the operation and regulation of those portions of the HVAC System within and serving the Premises, failing which the Landlord shall be entitled to take such steps as it deems advisable including, without limitation, entering upon the Premises and taking the necessary corrective action, and 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 or use in the Premises any equipment that generates heat so as to adversely affect Premises, without the HVAC System without Landlord's prior written consent 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 Tenant shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable for pay the 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, Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, cost thereof including, but not limited to air conditioningwithout limitation, faninstallation, ventilating operation and machine rooms, telephone rooms and electrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to such installations, or unreasonably interfere with the moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC Systemmaintenance expenses as an Additional Service.

Appears in 1 contract

Sources: Lease Agreement (Polar Wireless Corp.)

Heating, Ventilation and Air Conditioning. During Normal Business Hours, Landlord shall ventilate furnish to 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 or air and air-conditioning from (“HVAC”) in accordance with the Building's central system outside of Normal Exhibit K-Design Standards during Ordinary Business Hours. Tenant shall be responsible for keeping all exterior doors to the Premises and all exterior windows in the 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 System. Tenant shall not install or use in the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlord's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable 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, Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioningair-cooling, fan, ventilating and machine rooms, telephone rooms and electrical closetsclosets and all other mechanical installations of Landlord (collectively, subject to the limitations contained in Paragraph 16.(b“Mechanical Installations”). , and Tenant shall not construct partitions or other obstructions that might unreasonably which may interfere with Landlord's free ’s access to such installations, thereto or unreasonably interfere with the moving of Landlord's ’s equipment to or and from the enclosures containing said installationsMechanical Installations. No Tenant Party shall not at any time enter the Mechanical Installations or tamper with, adjust, modify, touch 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 manner adversely affect 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 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 Building, and (iii) Landlord shall reduce Base Operating Expenses by an amount Landlord reasonably determines reflects the cost of providing cleaning services to the Premises and all other tenanted areas of the Building during the Base Year.

Appears in 1 contract

Sources: Sublease (K12 Inc)

Heating, Ventilation and Air Conditioning. During Normal Business Hours, Landlord shall ventilate furnish to 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 during 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 or air and air-conditioning from (“HVAC”) in accordance with the Building's central system outside of Normal Business Hoursstandards to which the Base Building Systems have been designed as set forth on Exhibit H-Base Building HVAC attached hereto. Tenant shall be responsible for keeping all exterior doors to the Premises and all exterior windows in the 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 System. Tenant shall not install or use in the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlord's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable 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, Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioningair-cooling, fan, ventilating and machine rooms, telephone rooms and electrical closetsclosets and all other mechanical installations of Landlord (collectively, subject to the limitations contained in Paragraph 16.(b“Mechanical Installations”). , and Tenant shall not construct partitions or other obstructions that might unreasonably which may interfere with Landlord's free ’s access to such installations, thereto or unreasonably interfere with the moving of Landlord's ’s equipment to or and from the enclosures containing said installationsMechanical Installations. No Tenant Party shall not at any time enter the Mechanical Installations or tamper with, adjust, modify, touch 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 standards to which the Base Building Systems have been designed by reason of (i) any manner adversely affect 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 Landlord shall install, if missing or broken, new Building Standard blinds or shades on all windows within thirty (30) days following the date on which Tenant 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, if Tenant breaks such blinds or shades, Tenant shall install new Building Standard blinds or shades on such damaged windows. Tenant shall 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 proper 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, files and other miscellaneous items in the Premises.

Appears in 1 contract

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

Heating, Ventilation and Air Conditioning. During Normal Business HoursThe parties hereby acknowledge that Base Building portion of the HVAC System (“Base Building HVAC System”) to be installed by Landlord as part of Landlord’s Work, 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”). Landlord shall ventilate not be responsible based upon any failure or defect in either the Premises and furnish heating HVAC Equipment and/or any Supplemental HVAC Equipment or air conditioning when in the reasonable judgment of Landlord it may be required for the comfortable occupancy Tenant’s use of the Premises which exceeds the electrical, human occupancy 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 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 less than all) to be so serviced. applicable, Condenser Water and Hot Water in the Premises, and Tenant shall pay the reasonable and actual utility cost of providing heatingTenant’s use of the Chilled Water and, ventilation if applicable, Condenser Water and Hot Water, as measured by said submeter(s). From and after the Occupancy Date or air conditioning from such later date as Chilled Water and, if applicable, Condenser Water and Hot Water, is provided to the Building's central system outside of Normal Business Hours. Premises, Tenant shall be responsible for keeping all exterior doors pay to the Premises and all exterior windows in the Premises closed. Tenant shall cooperate with Landlord and comply with such reasonable rules Landlord, as Landlord may establish 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 election, on a monthly basis at the time and in the fashion herein provided for the payment of Annual Fixed Rent, Tenant shall pay Landlord, as Additional Rent, an amount equal to preserve the efficiency and integrity 1/12th of the annual amount of Tenant’s HVAC SystemCharge, as reasonably estimated by Landlord. Tenant shall not install Following the end of each full or use in partial calendar year during the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlord's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable 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 Lease Term, Landlord shall deliver 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 the partial or full calendar year in question and the sum of Tenant’s HVAC Charge estimates that have free access to been paid by Tenant. If the amount of Tenant’s HVAC Charge exceeds the sum of the Tenant’s HVAC Charge estimates paid by Tenant for such period, Tenant shall pay Landlord the difference within thirty (30) days after receipt of such statement. If the sum of the Tenant’s HVAC Charge estimates paid by Tenant for such period exceeds Tenant’s HVAC Charge for such period, Landlord shall credit the difference toward the Tenant’s HVAC Charge estimate payment(s) next due and, at the end of the Lease Term, refund any and all mechanical installations excess amount of Landlord or Tenant’s HVAC Charge estimates paid by Tenant, including, but not limited less the amount of any moneys owed to air conditioning, fan, ventilating and machine rooms, telephone rooms and electrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to such installations, or unreasonably interfere with the moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC SystemLandlord by Tenant.

Appears in 1 contract

Sources: Lease Agreement (Tango Therapeutics, Inc.)

Heating, Ventilation and Air Conditioning. During Normal Business Hours(a) Owner shall have free and unrestricted access to all heating, Landlord shall ventilate the Premises air-conditioning and furnish heating or air conditioning when ventilating ("HVAC") equipment in the reasonable judgment demised premises. Damage caused to the HVAC equipment, appliances or appurtenances as a result of Landlord it may the negligence or careless operation by Tenant, its employees or its invitees, shall be required 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 comfortable 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 Premises 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 required combined with the load of all lighting fixtures exceeds the electrical load contemplated by lawthe floor plan attached hereto. HeatingIf the use of the demised premises in a manner exceeding the occupancy and electrical load criteria, air 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 ventilation 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 available 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 at shall keep all times outside of Normal Business Hours upon reasonable prior notice from Tenant to Landlord specifying the service needed windows closed and the floors shall lower and close window coverings when necessary because of the Premises (if less than all) to be so servicedsun's position. Tenant shall pay the reasonable and actual cost of providing heating, ventilation 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 Premises closed. Tenant shall cooperate with Landlord and comply with such reasonable rules as Landlord all regulations and requirements Owner may establish from time to time to preserve for the efficiency functioning and integrity protection of the HVAC Systemsystems. (d) The Fixed Annual Rent includes up to 950 hours per annum of overtime heating and air conditioning use. If Tenant exceeds 950 hours per annum of overtime heating and air conditioning use, Tenant shall not install or use in the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlordpay Owner's's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable then standard charge for Landlord to refuse 56 65 consent unless Tenantsuch use. Owner's proposal can be modified to mitigate any adverse impact on the HVAC System. Throughout the Term, Landlord shall have free access to any current charge for overtime heating and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioning, fan, ventilating and machine rooms, telephone rooms and electrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to such installations, or unreasonably interfere with the moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC Systemconditioning service is $35.00 per hour.*

Appears in 1 contract

Sources: Sublease Agreement (International Telecommunication Data Systems Inc)

Heating, Ventilation and Air Conditioning. During Normal Landlord shall furnish to the Premises heating, ventilation and air-conditioning (“HVAC”) in accordance with the Design Standards set forth in Exhibit D during Ordinary Business Hours, provided that to the extent Tenant desires that Landlord shall ventilate furnish the Premises and furnish heating or air conditioning when in with HVAC during the reasonable judgment of Ordinary Business Hours on Saturdays, then Tenant shall notify Landlord it may be required using the same method as designated by Landlord for the comfortable occupancy providing of HVAC during Overtime Periods (provided that Landlord’s providing of HVAC during the Premises or when required by law. Heating, air conditioning and ventilation shall be available to Tenant at all times outside of Normal Ordinary Business Hours upon reasonable prior notice from Tenant to Landlord specifying the service needed on Saturday shall not be an Overtime Period 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 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 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 System. Tenant shall not install or use in the Premises any equipment that generates heat so as to adversely affect the be separately charged for such HVAC System without Landlord's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable for Landlord to refuse 56 65 consent unless Tenant's proposal can be modified to mitigate any adverse impact on the HVAC Systemusage). Throughout the Term, Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioningair-cooling, fan, ventilating and machine rooms, telephone rooms and electrical closetsclosets and all other mechanical installations of Landlord (collectively, subject to the limitations contained in Paragraph 16.(b“Mechanical Installations”). , and Tenant shall not construct partitions or other obstructions that might unreasonably which may interfere with Landlord's free ’s access to such installations, thereto or unreasonably interfere with the moving of Landlord's ’s equipment to or and from the enclosures containing said installationsMechanical Installations. No Tenant Party shall not at any time enter the Mechanical Installations or tamper with, adjust, modify, touch 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 manner adversely 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 agrees that, notwithstanding the proper operation of the HVAC System, Tenant's failure to keep operable windows in the Premises closed, and depending on the position of the sun during daylight hours, to lower the blinds, may affect the HVAC System's ability to meet the Design Standards. 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.

Appears in 1 contract

Sources: Lease Agreement (ChromaDex Corp.)

Heating, Ventilation and Air Conditioning. During Normal Business HoursSection 12.01 Landlord, Landlord at Landlord’s expense (except as may be set forth in Article 13), shall ventilate furnish and distribute to the Premises Premises, through the Building’s heating, ventilating and furnish heating or air conditioning when in the reasonable judgment of Landlord it (“HVAC”) systems, heat, ventilating and air conditioning, as may be required for the 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 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 (however Tenant may, in its discretion and at its sole cost and expense connect Tenant’s own “management system” to control their own thermostats within the Premises). Landlord represents that based on the floor plan and engineering specifications provided by Tenant, upon which Tenant’s Work will be predicated, copies of which are attached hereto as part of Exhibit C, Tenant’s Work will not materially interfere with the Building’s standard air distribution / ventilation throughout the Premises for reasonably comfortable occupancy; but Landlord makes not representations with respect to the same to the extent the floor plan changes or when required Tenant introduces undisclosed office equipment (e.g. computers, servers, copiers, etc.) into the Premises. Tenant may, by lawincorporating the same in its Tenant’s Work under Section 4.08, install a supplemental cooling unit to the Building condenser water system, for its exclusive use in 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 same 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. Heating, air conditioning and ventilation Tenant shall be available solely responsible for the service, repair and maintenance of said system, at its sole cost and expense, and shall provide Landlord with substantiation as to those activities, upon Landlord’s reasonable requests. Section 12.02 If Tenant shall require heating, ventilating or air-conditioning service at all times outside of Normal any time other than during Building Hours on Business Hours Days (“After Hours”), Landlord shall furnish the same upon reasonable prior 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 specifying 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, 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 needed and in accordance with the floors requirements of this Lease in any portions of the Premises (a) which shall have an unusual electrical load, or 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 less than all) Tenant requires additional HVAC service for computer rooms, business machines, meeting rooms or other special purposes, any additional air conditioning units, chillers, condensers, compressors, ducts, piping and other equipment, will be installed and 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 be so servicedthe 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 the reasonable abide by all written regulations and actual cost of providing heating, ventilation 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 Premises closed. Tenant shall cooperate with Landlord and comply with such reasonable rules as requirements which Landlord may establish from time to time to preserve reasonably prescribe for the efficiency proper functioning and integrity protection of the HVAC System. Tenant shall not install or use in the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlord's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable 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, Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioning, fanheating, ventilating and machine rooms, telephone rooms and electrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to such installations, or unreasonably interfere with the moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC Systemair conditioning systems.

Appears in 1 contract

Sources: Lease Agreement (Carbonite Inc)

Heating, Ventilation and Air Conditioning. During Normal (a) Landlord shall furnish heating to the Premises during 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 Heating service shall be available to Tenant at all times outside of Normal Business Hours upon reasonable prior notice from 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 specifying (the service needed and the floors “Base Building A/C Unit”), which unit shall be controlled by Tenant. All electricity consumed by operation of the Premises Base Building A/C Unit (if less than allwhether for operation during or after Business Hours, and whether or not on Business Days) to shall be so servicedsubmetered and paid for by Tenant (as set forth above). Landlord shall be responsible for the repair and replacement of the major components of the Base Building A/C Unit at Landlord’s cost and expense. Tenant shall pay to Landlord directly (within 30 days after receipt of an invoice therefor) the reasonable actual out-of-pocket costs of cleaning and actual cost otherwise repairing and maintaining the Base Building A/C Unit, at rates which are competitive with rates of providing heating, ventilation or other air conditioning from the Building's central system outside of Normal Business Hoursmaintenance contractors providing comparable services to Comparable Buildings, provided that such amount shall be capped at $3,000 per calendar year. In addition, Tenant shall be responsible for keeping all exterior doors have the right to the Premises and all exterior windows install in the Premises closed. Tenant shall cooperate supplemental air conditioning units, subject to Landlord’s reasonable approval and Tenant’s compliance with Landlord Requirements and comply with such reasonable rules as Landlord may establish from time to time to preserve the efficiency other provisions of this Lease including without limitation those provisions governing Alterations and integrity of the HVAC System. Tenant shall not install or use in the Premises any equipment that generates heat so as to adversely affect the HVAC System without Landlord's prior written consent which shall not be unreasonably withheld or delayed; provided, however, that it shall be reasonable 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, electricity. (c) Landlord shall have free access to any and all mechanical installations of Landlord or Tenant, including, but not limited to air conditioningair-cooling, fan, ventilating and machine rooms, telephone rooms and electrical closetsclosets and all other mechanical installations of Landlord (collectively, subject to the limitations contained in Paragraph 16.(b“Mechanical Installations”). , and Tenant shall not construct partitions or other obstructions that might unreasonably which may interfere with Landlord's free ’s access to such installations, thereto or unreasonably interfere with the moving of Landlord's ’s equipment to or and from the enclosures containing said installationsMechanical 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 ▇▇▇▇▇▇’s use of the Premises). No Tenant Party shall not at any time enter the Mechanical Installations or tamper with, adjust, modify, touch 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 manner adversely affect 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. 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 Premises closed, and lower the blinds when necessary because of the sun’s position, 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 proper functioning and protection of the HVAC System.

Appears in 1 contract

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

Heating, Ventilation and Air Conditioning. During Normal Business Hours, Landlord shall ventilate In addition to the Premises and furnish heating or air conditioning when in the reasonable judgment of Landlord it may be required for the comfortable occupancy payment of the Premises or when required by law. HeatingTenant’s Occupancy Costs and notwithstanding Sections 6.01 and 6.02, 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 or air conditioning from the Building's central system outside of Normal Business Hours. Tenant shall be responsible for keeping the cost of all exterior doors heating, ventilation and air conditioning required in the Leased Premises or any part thereof in excess of that required to be provided by the Landlord under Section 6.02(d). If: (i) at any time during the Term the Landlord shall determine, in consultation with an accredited engineer, 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 which are used for normal office purposes; or (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 Premises Tenant a statement in writing setting out the cost of the excess together with a reasonable administration fee and all exterior windows in upon receipt of the Premises closed. Tenant shall cooperate with Landlord and comply with such reasonable rules as Landlord may establish statement from time to time the Tenant shall promptly reimburse the Landlord for the amount shown in the statement as attributable to preserve the efficiency Leased Premises. The Tenant may, at its option, at any time during the Term request the Landlord to install, at the Tenant’s sole cost and integrity expense, separate meters to measure the cost of the HVAC System. Tenant shall not install or use heating, ventilation and air-conditioning required in the Leased Premises or any equipment that generates heat so as to adversely affect portion thereof and in such case, the HVAC System without Landlord's prior written consent which shall not be unreasonably withheld consumption of heating, ventilation and air-conditioning in the Leased Premises or delayed; provided, however, that it any portion thereof separately metered shall be reasonable for Landlord to refuse 56 65 consent unless Tenant's proposal can be modified to mitigate any adverse impact on paid by the HVAC System. Throughout the Term, Landlord shall have free access to any and all mechanical installations Tenant based upon its actual usage or consumption of Landlord or Tenant, including, but not limited to air conditioning, fan, ventilating and machine rooms, telephone rooms and electrical closets, subject to the limitations contained in Paragraph 16.(b). Tenant shall not construct partitions or other obstructions that might unreasonably interfere with Landlord's free access to same is determined from such installations, or unreasonably interfere with the moving of Landlord's equipment to or from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC Systemmeters.

Appears in 1 contract

Sources: Lease Agreement (Shopify Inc.)

Heating, Ventilation and Air Conditioning. During Landlord shall, during Normal Business Hours, Landlord shall ventilate the Premises and furnish heating or air conditioning when in the reasonable judgment of Landlord it and cooling as normal seasonal changes may be required require to provide reasonably comfortable space temperature and ventilation for the comfortable occupancy occupants of the Premises under normal business operation based on an occupancy not exceeding one (1) person per 150 square feet of useable area and an electrical load not exceeding the 5.0 ▇▇▇▇▇ per square foot of usable area as adjusted by Landlord from time to time. If Tenant shall require air conditioning, heating or when required by law. Heatingventilation outside the hours and days above specified, air conditioning Landlord may, at its option furnish such service 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 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 Premises closed. Tenant shall cooperate with Landlord and comply with therefor such reasonable rules charges as Landlord may establish from time to time be in effect for the Building upon demand as Additional Rent. In the event Tenant introduces into the Building personnel or equipment which overloads the capacity of any Building System or in any other way interferes with the Building System’s ability to preserve perform adequately its proper functions, supplementary systems may, if and as needed, at Landlord’s option, be provided by Landlord, and the efficiency and integrity cost of such supplementary systems shall be payable by Tenant to Landlord upon demand as Additional Rent. Notwithstanding anything to the contrary contained herein, should the HVAC System. Tenant shall not install or use in unit(s) exclusively serving the Premises any equipment that generates heat so require replacement during the Term (as to adversely affect the HVAC System without Landlord's prior written consent which shall not may be unreasonably withheld or delayed; provided, however, that it shall be reasonable 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 Termextended), Landlord shall have free access promptly replace the same at its sole cost and expense 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 any provide 350 square feet per ton of air conditioning and all mechanical installations the design criteria for the HVAC equipment shall be as follows: Occupancy: 1 person/150 SF of Landlord usable area Electrical Consumption: 5.0 ▇▇▇▇▇/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 Tenanturinal. Rooftop units will be manufactured by Trane, includingCarrier, but not limited to air conditioningor approved equal and consist of MERV 8 filters, fanDX-cooling, ventilating indirect gas heating, economizer, night setback, VFDs, and machine rooms, telephone rooms and electrical closets, subject to the limitations contained in Paragraph 16.(b)DDC controls. Any supplemental cooling systems added by Tenant shall not construct partitions or other obstructions be paid for by Tenant and, for any such interior supplemental cooling equipment, shall also include a secondary drain pan installed underneath such units with a leak detection sensor that might unreasonably interfere with automatically shuts down the associated unit upon any leak detection. Any such equipment exceeding 500 pounds shall require structural engineering by a Landlord's free access to such installations-approved structural engineer at Tenant’s sole cost. No equipment, or unreasonably interfere with the moving of Landlord's equipment to or louvers, etc. shall be installed in any exterior walls without prior approval from the enclosures containing said installations. Tenant shall not tamper with, adjust, modify, touch or otherwise in any manner adversely affect the HVAC SystemLandlord.

Appears in 1 contract

Sources: Lease Agreement (Deciphera Pharmaceuticals, Inc.)