Common use of HVAC Maintenance Clause in Contracts

HVAC Maintenance. Tenant shall enter annual, written HVAC maintenance contracts at Tenant’s sole cost with competent, licensed contractors reasonably approved or designated by Landlord (unless Landlord elects from time to time in writing to make such arrangements directly, in which case, Landlord may include such costs in Expenses), Such contracts to be entered into by Tenant shall include, and Tenant shall require that such contractors provide: (i) inspection, cleaning and testing at least semi-annually (or more frequently if required by applicable Law or if reasonably required by Landlord), (ii) any servicing, maintenance, repairs and replacements of filters, belts or other items determined to be necessary or appropriate as a result of such inspections and tests, or by the manufacturers’ warranty, service manual or technical bulletins, or otherwise required to ensure proper and efficient operation, including emergency work, (iii) all other work as shall be reasonably required by Tenant, Landlord or Landlord’s insurance carriers, (iv) a detailed record of all services performed, and (v) an annual service report at the end of each calendar year (Tenant shall provide Landlord with a copy of such annual reports promptly upon Tenant’s receipt thereof). Not later than ten (10) days after the Commencement Date and annually thereafter, Tenant shall provide Landlord with a copy of all maintenance contracts required hereunder, and written evidence reasonably satisfactory to Landlord that the annual fees therefor have been paid. Such maintenance contracts shall not be deemed to limit Tenant’s general obligations to keep any HVAC equipment and other systems and equipment hereunder in good working order, repair and condition as further described in Paragraph A, above. Notwithstanding the foregoing, it is understood and agreed that with respect to the costs of any maintenance, repairs or replacements to the HVAC system which are not covered by the annual maintenance contracts described in the preceding paragraph, any costs in excess of $200 per unit per year shall be paid by Landlord, unless Landlord elects, at its cost, to replace any unit(s) in which case Tenant shall thereafter be responsible for all costs for such new unit(s).

HVAC Maintenance. Tenant shall continue to maintain the existing hot water, heating and air conditioning systems and equipment within or serving the Premises on a quarterly basis as set forth in Paragraph 11 of the Original Lease, and a copy thereof shall be furnished to Landlord. The service contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual. Should Tenant fail to do so, Landlord may, upon notice to Tenant, enter annualinto such a maintenance/service contract on behalf of Tenant or perform the work and in either case, written charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead. So long as Tenant strictly complies with the requirements of this Section 6.8, and subject to the terms and conditions of this Section 6.8, Landlord, and not Tenant, shall be responsible for the cost and expense of the full replacement of any base building HVAC maintenance contracts at Tenant’s sole cost with competentunit within or serving the Premises (excluding any specialized cooling systems or chillers that Tenant may have installed) that is more than fifteen (15) years old, licensed contractors when the same becomes necessary as reasonably approved or designated determined by Landlord (unless Landlord elects from time to time in writing to make based on failure of major components such arrangements directlyas motors, in which casecompressors or heat exchangers. Any such replacement units shall match the existing tonnage capacity of the failed unit. In addition, and notwithstanding the foregoing, Landlord may include such costs in Expenses), Such contracts shall not be responsible for the cost and expense of the full replacement of any HVAC unit to be entered into by Tenant shall include, and Tenant shall require that such contractors provide: (i) inspection, cleaning and testing at least semi-annually (or more frequently if required by applicable Law or if reasonably required by Landlord), (ii) any servicing, maintenance, repairs and replacements of filters, belts or other items determined to be the extent necessary or appropriate as a result of such inspections and tests, the acts or by omissions of Tenant or any Tenant Entities (as defined hereinbelow) and/or related parties (excluding the manufacturers’ warranty, service manual or technical bulletins, normal use of the HVAC Unit in accordance with the terms of this Lease). The foregoing shall in no event modify or otherwise required to ensure proper and efficient operation, including emergency work, (iii) all other work as shall be reasonably required by Tenant, Landlord or Landlord’s insurance carriers, (iv) a detailed record of all services performed, and (v) an annual service report at the end of each calendar year (Tenant shall provide Landlord with a copy of such annual reports promptly upon alter Tenant’s receipt thereof). Not later than ten (10) days after the Commencement Date and annually thereafter, Tenant shall provide Landlord with a copy of all maintenance contracts required hereunder, and written evidence reasonably satisfactory responsibility to Landlord that the annual fees therefor have been paid. Such maintenance contracts shall not be deemed to limit pay Tenant’s general obligations to keep any HVAC equipment Proportionate Share of Expenses, including, without limitation, its share of the costs and other systems and equipment hereunder in good working order, expenses associated with repair and condition as further described in Paragraph A, above. Notwithstanding the foregoing, it is understood and agreed that with respect to the costs maintenance of any maintenanceheating, repairs or replacements ventilation and air conditioning systems which serve the Building in general (as opposed to the HVAC system Unit) and which are not covered by the annual maintenance contracts described included in the preceding paragraph, any costs in excess of $200 per unit per year shall be paid by Landlord, unless Landlord elects, at its cost, to replace any unit(s) in which case Tenant shall thereafter be responsible for all costs for such new unit(s)Expenses.

HVAC Maintenance. Tenant shall enter annual, written HVAC maintenance contracts at Tenant’s sole cost with competent, licensed contractors reasonably approved or designated by Landlord (unless Landlord elects from time to time in writing to make such arrangements directly, in which case, Landlord may include such costs in Expenses), Such contracts to be entered into by Tenant shall include, and Tenant shall require that such contractors provide: (ia) inspection, cleaning and testing at least semi-annually (or more frequently if required by applicable Law or if reasonably required by Landlord), (ii) any servicing, maintenance, repairs and replacements of filters, belts or other items determined to be necessary or appropriate as a result of such inspections and tests, or by the manufacturers’ warranty, service manual or technical bulletins, or otherwise required to ensure proper and efficient operation, including emergency work, (iii) all other work as shall be reasonably required by Tenant, Landlord or Landlord’s insurance carriers, (iv) a detailed record of all services performed, and (v) an annual service report at the end of each calendar year (Tenant shall provide Landlord regular maintenance and service (for example, without limitation, filter changes, fan belt replacement, etc.) to the HVAC equipment in and serving the Premises. At all times during the Term, Tenant shall have an industry standard maintenance and service contract in effect for the HVAC system with a copy of such annual reports promptly upon Tenant’s receipt thereof)reputable and licensed HVAC contractor approved by Landlord, providing for servicing at least twice per Lease Year. Not later than ten Within thirty (1030) days after the Commencement Date and annually thereafterupon renewals of such contract, not less than twenty (20) days prior to the expiration of the contract, Tenant shall provide submit to Landlord with a copy of all maintenance contracts required hereunderTenant's HVAC contract. (b) It is hereby agreed that if at any time during the Term hereof the HVAC system serving the Premises fails to operate, and written evidence reasonably satisfactory to Landlord that Tenant shall be responsible for the annual fees therefor have been paid. Such maintenance contracts shall not be deemed to limit Tenant’s general obligations to keep any HVAC equipment and other systems and equipment hereunder in good working order, repair and condition any replacement needed to the HVAC system, at Tenant's sole cost and expense. Xxxxxx agrees to (i) use an independent third party as further described the contractor; and (ii) utilize reputable contractors in Paragraph Athe performance of repairs, abovereplacements or installations. Landlord shall have the right to require Tenant to utilize a contractor of Landlord's choosing, provided such contractor charges rates which are competitive with the rates charged in the trade area of the Property. (c) Notwithstanding the foregoing, it is understood Landlord and agreed that with respect Tenant acknowledge and agree that: (i) there are three (3) operational heating units within Suite S of the Premises as of the Effective Date; (ii) two (2) of such heating units were recently installed by Landlord prior to the costs of any maintenance, repairs or replacements Effective Date; and (iii) to the HVAC system which are extent that, notwithstanding the regular maintenance to be performed by or on behalf of Tenant hereunder, the one (1) heating unit within Suite S that was not covered recently installed by Landlord becomes inoperable during the annual maintenance contracts described in Term and must be replaced (other than due to the preceding paragraphnegligence or willful misconduct of Tenant), any costs in excess of $200 per unit per year Landlord shall be paid responsible for replacing such heating unit at its expense, provided that upon such replacement by Landlord, unless Landlord elects, at its cost, to replace any unit(s) in which case Tenant shall thereafter be responsible for all costs for maintenance and repair obligations with respect to such new unit(s)heating unit in accordance with this Section 9.12.

HVAC Maintenance. If the Premises are served exclusively by any HVAC units or other systems or equipment, Tenant shall enter annual, written HVAC maintenance contracts at Tenant’s sole cost with competent, licensed contractors reasonably approved or designated by Landlord (unless Landlord elects from time to time in writing to make such arrangements directly, in which case, Landlord may include such costs in Expenses), Landlord. Such contracts to be entered into by Tenant shall include, and Tenant shall require that such contractors provide: (i) inspection, cleaning and testing at least semi-semi annually for HVAC units and other systems and equipment (or more frequently if required by applicable Law or if reasonably required by Landlord), (ii) any servicing, maintenance, repairs and replacements of filters, belts or other items determined to be necessary or appropriate as a result of such inspections and tests, or by the manufacturers’ ' warranty, service manual or technical bulletins, or otherwise required to ensure proper and efficient operation, including emergency work, (iii) all other work as shall be reasonably required by Tenant, Landlord or Landlord’s 's insurance carriers, (iv) a detailed record of all services performed, and (v) an annual service report at the end of each calendar year (Tenant shall provide Landlord with a copy of such annual reports promptly upon Tenant’s 's receipt thereof). Not later than ten (10) 30 days after prior to the Commencement Date and annually thereafter, Tenant shall provide Landlord with a copy of all maintenance contracts required hereunder, and written evidence reasonably satisfactory to Landlord that the annual fees therefor have been paid. Such maintenance contracts represent part of Tenant's obligations under this Article, and shall not be deemed to limit Tenant’s 's general obligations to keep any HVAC equipment and other systems and equipment hereunder in good working order, repair and condition as further described in Paragraph A, above. Notwithstanding Landlord will warranty the foregoing, it is understood major components(compressor and agreed that with respect to the costs heat exchanger) of any maintenance, repairs or replacements to the HVAC system which are not covered by the annual maintenance contracts described in the preceding paragraph, unit. If at any costs in excess of $200 per unit per year shall time a major component needs to be paid by Landlord, unless repaired or replaced Tenant should notify Landlord elects, to make repairs at its Landlords cost, to replace any unit(s) in which case Tenant shall thereafter be responsible for all costs for such new unit(s).