HVAC Replacement Sample Clauses

HVAC Replacement. Pursuant to the terms of paragraph 9(c) of the Third Amendment, Original Landlord, at Original Landlord’s sole cost and expense, was to perform the HVAC Work in accordance with the HVAC Requirements (as both terms are defined in said paragraph 9(c)). Notwithstanding the foregoing, as of the date hereof, Original Landlord has not performed the HVAC Requirements. Therefore, Landlord and Tenant acknowledge and agree that, in lieu of Landlord’s performance of the HVAC Requirements, Landlord shall contribute up to Sixty Five Thousand and No/100 Dollars ($65,000.00) (“HVAC Credit Allowance”) toward the cost and expense of Tenant’s removal, repair and replacement of HVAC units in the Third Expansion Premises, including without limitation, all design and duct work relating thereto (“Tenant’s HVAC Work”). Such contribution by Landlord will constitute full payment and performance of Landlord’s obligations under said paragraph 9(c) and there are no other outstanding obligations of Landlord as of the date hereof with respect to tenant improvements to be performed or paid for by Landlord. In the event Tenant desires Landlord to make any such contribution, Tenant shall submit a request therefor, together with supporting documentation reasonably acceptable to Landlord regarding the Tenant’s HVAC Work for which Tenant is requesting contribution or payment (including such customary items as invoices for payment, lien waivers and the like), and Landlord shall make the requested contribution to Tenant (or direct payment as the case may be) within fifteen (15) days after Landlord’s receipt of Tenant’s request and such supporting documentation; in the event Landlord fails to make such contribution or payment as provided herein, Tenant may deduct and offset the amount thereof against the next ensuing monthly installment(s) of Base Rent. To the extent Tenant does not use the entire HVAC Credit Allowance toward Tenant’s HVAC Work on or before the expiration of the Initial Term of the Lease, Tenant shall have no further right to the HVAC Credit Allowance or any remaining portion thereof.

HVAC Replacement. Notwithstanding anything in Section 18.C of the Original Lease to the contrary, but in addition to and without limiting Landlord’s obligations thereunder, the parties agree that Landlord shall replace the HVAC equipment on the building at the Premises (the “Building”) at Landlord’s sole cost and expense in the manner described in that certain Revised Proposal dated March 26, 2018, prepared by Therma Corporation, a copy of which is attached hereto and made a part hereof as Exhibit “A” (the “HVAC Work”), subject to the following additional terms and conditions: a. The parties shall schedule the performance of as much of the HVAC Work as practicably possible to occur during Tenant’s 2018 Christmas holiday shutdown. b. All permits required for the performance of the HVAC Work shall be included in the HVAC Work at Landlord’s sole cost. c. All repairs to the structural components of the Building required for the performance of the HVAC Work shall be included in the HVAC Work at Landlord’s sole cost. d. All roof repairs required for the performance of the HVAC Work shall be included in the HVAC Work at Landlord’s sole cost. e. All electrical work required for the performance of the HVAC Work shall be included in the HVAC work at Landlord’s sole cost.

HVAC Replacement. In the event that during the term of the Lease, or any extension thereof, the HVAC system or any capital component of same shall fail, and it should become necessary to replace said system or component, Landlord shall arrange for all necessary replacement work and shall pay for the costs of any such replacement cost, and Tenant shall reimburse Landlord for a portion of the replacement cost of the HVAC system or any capital component of same, to be determined by multiplying the costs of replacement times a fraction, the numerator of which shall be the number of years remaining in the term of the Lease, and the denominator of which shall be the projected life of the replacement HVAC system. In the event that HVAC replacement costs are incurred prior to the end of the primary term of the Lease and Tenant should thereafter extend the term of the Lease, at the commencement of such extension term Tenant shall reimburse Landlord in an amount equal to the replacement cost multiplied by a fraction, the numerator of which is five (5) and the denominator of which shall be the number of years comprising the original projected life of the replacement HVAC system or capital component of same.

HVAC Replacement. Subject to the terms and conditions of this Exhibit set forth below, Xxxxxx agrees to replace HVAC unit “AC-3A” as depicted on Exhibit A-1 attached hereto (the "HVAC Replacement”). Lessor shall not be obligated to pay for any improvements to the Leased Premises other than the HVAC Replacement, and Xxxxxx acknowledges and agrees that the costs incurred by Lessor in connection with such HVAC Replacement shall be reimbursable by Lessee to Lessor, on an amortized basis as Additional Rent, in accordance with the reimbursement requirements of the last paragraph of Section 10 of the Lease. At Lessor’s option, Lessee shall be required to execute or initial such further plans and/or specifications as Lessor may prepare acknowledging the HVAC Replacement that is to occur.

HVAC Replacement. Commencing on the Effective Date of this Fourth Amendment, the parties agree that if replacement of the HVAC system or equipment is necessary as reasonably determined by Landlord, and is not required due to Tenant’s negligent acts or omissions then Landlord will perform the replacement work and bear the initial cost thereof, and Tenant shall reimburse Landlord, as additional rent on a monthly basis at the same time Base Rent is due, for cost of such replacement work over ten (10) years without interest, it being the understanding of the parties that in no event shall Tenant’s obligation for reimbursement of such amounts extend beyond the term of this Lease as it may be extended.

HVAC Replacement. Buyer and Seller acknowledge that the heating, ventilation and air conditioning ("HVAC") unit that services the Property needs to be replaced and agree as follows: • Buyer and Seller have reviewed and approved a bid for the required HVAC work (the "HVAC Work") from Xxxx Mechanical ("Contractor") dated September 18, 2018, in the amount of $579,214 • Seller shall be responsible for only this amount of $579,214 for the HVAC Work ("Seller's Repair Contribution") • Buyer has requested a revision to the bid to include a "dual" pump (the "Dual Pump Cost") • Buyer shall be responsible for the Dual Pump Cost, along with any further change orders and any additional costs that arise during the project; that is, any amounts due the Contractor over and above Seller's Repair Contribution of$579,214 • When a formal contract (the "HVAC Contract") is executed, both Buyer and Seller will sign confirming that Buyer will assume all responsibilities under the HVAC Contract on the Closing Date and Contractor will release Seller from all liability and thereafter look solely to Buyer for payment and performance • At Closing, Seller will escrow proceeds with the Title Company, to be utilized solely for the purpose of paying Contractor, in an amount calculated as follows: o $579,214 less the total of any prior payments made by Seller to Contractor [THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK; SIGNATURES TO FOLLOW ON THE NEXT PAGE(S).]

Related to HVAC Replacement

Emergency Replacement SAP may replace a Subprocessor without advance notice where the reason for the change is outside of SAP’s reasonable control and prompt replacement is required for security or other urgent reasons. In this case, SAP will inform Customer of the replacement Subprocessor as soon as possible following its appointment. Section 6.3 applies accordingly.
Tool Replacement Personal tools worn out and/or broken on the job will be replaced on a like- for-like basis by the Employer, provided the tool is turned in to the Employer and the Employer had knowledge the tool was being used on the job. If an employee has his/her tools stolen from a state vehicle, the Employer will replace those tools, as long as no employee negligence has occurred.
Repair and Replacement Company shall be responsible to Lessor for reasonable replacement costs, or reasonable repair costs of all Equipment which is lost, stolen, or damaged while in the care, custody and control of Company as a result of Company's sole negligence in accordance with paragraph 2 above, reasonable wear and tear excepted, using the Actual Cash Value of the Equipment at the time of such loss. Prior to repairing the Equipment, Lessor shall submit to Company at least three estimates, including at least one estimate from a repair facility designated by Company. In the event the Equipment is lost or stolen, Company shall file a police report.
Card Replacement If you need to replace your Card for any reason, please contact us at 0-000-000-0000 to request a replacement Card. You will be required to provide personal information which may include your Card number, full name, transaction history, and similar information to help us verify your identity. There is a fee for replacing your Card. For information about the fee, please see the Schedule of Account Fees and Terms below.
Benchmark Replacement Notwithstanding anything to the contrary herein or in any other Loan Document, if a Benchmark Transition Event and its related Benchmark Replacement Date have occurred prior any setting of the then-current Benchmark, then (x) if a Benchmark Replacement is determined in accordance with clause (a) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of such Benchmark setting and subsequent Benchmark settings without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document and (y) if a Benchmark Replacement is determined in accordance with clause (b) of the definition of “Benchmark Replacement” for such Benchmark Replacement Date, such Benchmark Replacement will replace such Benchmark for all purposes hereunder and under any Loan Document in respect of any Benchmark setting at or after 5:00 p.m. (New York City time) on the fifth (5th) Business Day after the date notice of such Benchmark Replacement is provided to the Lenders without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document so long as the Administrative Agent has not received, by such time, written notice of objection to such Benchmark Replacement from Lenders comprising the Required Lenders. If the Benchmark Replacement is Daily Simple SOFR, all interest payments will be payable on a quarterly basis.
Maintenance Repairs and Alterations 7.1 Lessee's Obligations. -------------------- (a) Subject to Lessor's obligations under Paragraphs 6.2(b), 6.3(a), 7.3, 9 and 40, Lessee shall keep in good order, condition and repair the non- structural elements of the Premises and every part thereof, (whether or not the need for such repairs occurs as a result of Lessee's use, any prior use, the elements or the age of such portion of the Premises) including, without limiting the generality of the foregoing, all exposed plumbing, heating and air conditioning, ventilating, electrical, lighting facilities and equipment within the Premises, fixtures, walls (interior and nonstructural elements of exterior), ceilings, floors, windows, doors, plate glass and skylights located within the Premises, and all driveways, parking lots and striping thereon, landscaping, exterior lighting, fences and signs located on the Premises and sidewalks and parkways adjacent to the Premises. If the cost of repairing an element of the Premises is covered by a warranty obtained by Lessor from a third party contractor, subcontractor, consultant or material supplier in connection with construction work performed on the Premises prior to the Effective Date, Lessor shall make available such warranty to Lessee and shall assign to Lessee Lessor's rights thereunder, provided that Lessee shall not take any action which shall invalidate any such warranty or derogate from Lessor's remedies or recourse thereunder. (b) Lessee shall maintain the Premises as provided in Paragraph 7. I (a) and in accordance with the requirements of all Laws and any covenants or restrictions as may from time to time be applicable to Lessee's specific manner of use of the Premises and the conduct and operation of Lessee's business. Lessee, in keeping the Premises in good order, condition and repair, shall exercise and perform good maintenance practices and any damage or deterioration shall not be deemed "ordinary wear and tear" if the same could have been prevented by good maintenance practice. Lessee's obligations shall include restorations, replacements or renewals when determined not to be due to ordinary wear and tear or when made necessary due to failure to perform proper maintenance. (c) If the term of this Lease, as the same may be extended or renewed, exceeds five (5) years, Lessor shall have the right to require Lessee to repaint the exterior of THE improvements. but not more often than once every five (5) years, as reasonably necessary. (d) Lessee's obligations under this Paragraph 7.1 shall not apply to replacement, repair or restoration of items which are Lessor's obligation to replace, repair or restore pursuant to the terms of Paragraph 6.3(a) (relating to Existing Defects) Paragraph 7.3(a) relating to structural repairs and certain replacements) Paragraph 9 (relating to destruction of the Premises) or Paragraph 14 (relating to condemnation of the Premises).
Installation, Maintenance, Testing and Repair Unless otherwise agreed in writing by the Parties, to the extent required by Applicable Law, Interconnection provided by a Party shall be equal in quality to that provided by such Party to itself, any subsidiary, affiliates or third party. If either Party is unable to fulfill its obligations under this Section 14.2, it shall notify the other Party of its inability to do so and will negotiate alternative intervals in good faith. The Parties agree that to the extent required by Applicable Law, the standards to be used by a Party for isolating and clearing any disconnections and/or other outages or troubles shall be at parity with standards used by such Party with respect to itself, any subsidiary, affiliate or third party.
Replacements and Replacement Reserve Borrower shall cause Mortgage Borrower to comply with all the terms and conditions set forth in Section 7.3 of the Mortgage Loan Agreement. In the event that, prior to the payment and performance in full of all obligations of Borrower under the Loan Documents, (1) (i) Mortgage Borrower is required to maintain the Replacement Reserve Fund pursuant to the terms of Section 7.3 of the Mortgage Loan Agreement, but Mortgage Lender waives such requirement, (ii) Mortgage Borrower is no longer required pursuant to the terms of the Mortgage Loan Agreement to maintain the Replacement Reserve Fund or (iii) the Mortgage Loan has been repaid in full, and (2) (i) Mezzanine A Borrower is required to maintain the Replacement Reserve Fund pursuant to the terms of Section 7.3 of the Mezzanine A Loan Agreement, but Mezzanine A Administrative Agent waives such requirement, (ii) Mezzanine A Borrower is no longer required pursuant to the terms of the Mezzanine A Loan Agreement to maintain the Replacement Reserve Fund (other than as expressly contemplated under the terms of the Mezzanine A Loan Agreement) or (iii) the Mezzanine A Loan has been repaid in full, then (A) Administrative Agent shall have the right to require Borrower to establish and maintain a reserve account that would operate in the same manner as the Replacement Reserve Fund pursuant to Section 7.3 of the Mortgage Loan Agreement, and (B) the provisions of Section 7.3 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference.
Maintenance, Alteration and Repair (a) Resident is responsible for and agrees to take good care of the premises, fixtures and all common areas. Resident may not remove any of Owner’s property and will not perform any repairs, upgrades, painting, wallpapering, electric changes or other alterations of the premises without prior written consent from Owner. Resident will be responsible for damage from waste stoppages caused by foreign or improper objects or improper use in lines serving bathrooms, damage to fixtures, appliances, doors, windows, screens, damage from water faucets left on or from doors left open, and repairs or replacements to alarm devices necessitated by misuse or damage by Resident and/or guests. Extraordinary appliances or furnishings such as satellite dishes, hot tubs, pool tables, water beds or high utility-consuming devices may not be installed or placed on the premises or anywhere at the Property without Owner’s prior written consent, in its sole discretion. SAMPLE (b) In the case of a malfunction of any utilities or damage by fire, water or similar cause, or any water leak, suspected mold or microbial growth, electrical problem, broken glass, broken lock or any other condition that Resident reasonably believes poses a hazard to health and safety, Resident must promptly notify Owner in writing. Owner will act with reasonable time and diligence in making repairs and reconnections; Resident may not withhold or reduce payment of rent or other charges during such time. Maintenance and repair requested by Resident will generally be performed between 8am and 8pm, unless the work is considered an emergency, in which case work may take place at any time. Owner may temporarily disconnect equipment or utilities to avoid property damage and/or to perform repairs requiring such interruption, in Owner’s sole discretion. Owner will not be liable for any inconvenience, discomfort, disruption or interference with Resident use of the premises because of ongoing repairs, alterations or improvements to the Property or any apartment. (c) Following move-in, Resident is responsible for providing and changing all light bulbs and batteries (for smoke detectors and remote controls) in the assigned apartment. A written maintenance report requesting assistance in changing these items may be submitted for maintenance staff assistance, with extra charges payable by Resident as applicable per Owner’s published rates. From time to time, maintenance staff may enter the assigned apartment with or without notice to inspect and change furnace filters and to provide pest control.
Maintenance & Repairs 5.1 Lessee shall at all times be responsible for maintaining at its own expense the leased premises in a clean, orderly and safety condition, except as hereinafter provided. Lessee shall be responsible, at its own expense, to clean and maintain all trade fixtures, machinery and equipment furnished by Lessee within the leased premises. Lessee shall be responsible to deposit normal office waste and rubbish at a location at the Central School as designated by Lessor. 5.2 Lessee shall be responsible to perform all repairs the need for which is caused by Xxxxxx's use of the premises except that Lessor shall be responsible to perform major repairs of a structural nature. Lessor shall be responsible to arrange for removal of waste and rubbish from the location designated as the deposit location for lessees. All costs incurred by Lessor pursuant to the obligations of this Paragraph shall be included within "operating costs". 5.3 Lessor shall provide custodian services for the common areas of Central School. Costs incurred by Lessor in providing such custodian services shall be included within "operating costs".

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