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.
Sample 1
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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.
Sample 1
HVAC Replacement. Landlord agrees to pay for the cost to replace any base Building HVAC units providing service to the Demised Premises if Landlord determines in its reasonable good faith judgment that the following conditions are met:
Sample 1
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.
Sample 1
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.
Sample 1
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:
Sample 1
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).] SIGNATURE PAGE(S) FOR AGREEMENTFORPURCHASEANDSALE
Sample 1
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Related to HVAC Replacement

  • HVAC A. Heating, ventilating and air conditioning equipment will be provided with sufficient capacity to accommodate a maximum population density of one (1) person per one hundred fifty (150) square feet of useable floor area served, and a combined lighting and standard electrical load of 3.0 xxxxx per square foot of useable floor area. In the event Tenant introduces into the Premises personnel or equipment which overloads the system’s ability to adequately perform its proper functions, Landlord shall so notify Tenant in writing and supplementary system(s) may be required and installed by Landlord at Tenant’s expense, if within fifteen (15) days Tenant has not modified its use so as not to cause such overload. Operating criteria of the basic system shall not be less than the following:

  • 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 6.01 Tenant's Obligations to Repair ------------------------------ Tenant shall at its sole cost and expense, maintain in clean and safe condition, and make all repairs and replacements to the Premises and every part thereof, structural and non-structural, so as to keep, maintain and preserve the Premises in first class condition and repair, including, without limitation, the roof, the foundation, the heating, ventilation and air conditioning system ("HVAC"), elevators, if any, all plumbing and sewage facilities, fire sprinklers, electrical and lighting facilities, systems, appliances, and equipment within the Premises, fixtures, interior and exterior walls, floors, ceilings, windows, doors, entrances, all interior and exterior glass (including plate glass), and skylights located within the Premises, and all sidewalks, service areas, parking areas and landscaping comprising part of the Premises. All repairs and replacements required to be made by Tenant shall be made promptly with new materials of like kind and quality to those used in the original construction of the Premises. If the repair or replacement work affects the structural parts of the Premises, or if the estimated cost of any item or repair or replacement exceeds $10,000, then Tenant shall first obtain Landlord's written approval of the scope of work, plans therefor, and materials to be used. Any such work shall be performed by Landlord's contractor or by such contractor as Tenant may choose from an approved list to be submitted by Landlord. Landlord shall have the right to make any repairs or replacements which are not promptly made by Tenant and charge Tenant, as Additional Rent, for the cost thereof together with interest thereon at the Agreed Rate from the date of payment thereof by Landlord. Without limiting any of Tenant's obligations hereunder, during the Lease Term Tenant, at its expense, shall obtain and keep in force an HVAC service contract and a roof maintenance program satisfactory to Landlord. Tenant hereby waives the benefit of any statute now or hereafter in effect which would otherwise afford Tenant the right to make repairs at Landlord's expense or to terminate this Lease because of Landlord's failure to keep the Premises in good condition, order and repair. Tenant specifically waives all rights it may have under Sections 1932(1), 1941 and 1942 of the California Civil Code, and any similar or successor statute or law. Notwithstanding anything to the contrary contained herein, Landlord shall exercise its rights under any guaranties or warranties relating to the original construction of the Premises if the need to make repairs arises due to a defect therein; provided, however, Landlord shall not have any liability or be required to expend any funds if such guaranties or warranties are not honored by the makers hereof.

  • Replacements and Replacement Reserve (a) Borrower shall cause Mortgage Borrower to comply with all of the terms and conditions set forth in Section 7.3 of the Mortgage Loan Agreement.

  • Maintenance Repairs Utility Installations Trade Fixtures and Alterations 7.1 Lessee's Obligations.

  • Exchange and Replacement Subject to Section 7, this Warrant is exchangeable, upon the surrender hereof by the holder hereof at the office or agency of the Company referred to in Section 1, for new Warrants of like tenor and date representing in the aggregate the right to purchase the number of Shares which may be purchased hereunder, each of such new Warrants to represent the right to purchase such number of Shares as shall be designated by said holder hereof at the time of such surrender. Upon receipt by the Company at the office or agency referred to in Section 1 of evidence reasonably satisfactory to it of the loss, theft or destruction of this Warrant and of indemnity or security reasonably satisfactory to it (provided that the written indemnity of the holder hereof shall be deemed reasonably satisfactory to the Company for such purposes), the Company will deliver a new Warrant of like tenor and date in replacement of this Warrant. This Warrant shall be promptly canceled by the Company upon the surrender hereof in connection with any transfer, exchange or replacement. The Company will pay all expenses and charges payable in connection with the preparation, execution and delivery of Warrants pursuant to Section 7 and this Section 8.

  • Repairs Tenant and its agents shall have been given full opportunity to inspect and examine the Premises prior to occupancy and, by entry hereunder, Tenant accepts the Premises in its present "as is" condition, except for latent defects, and without any warranty as to the condition of the Premises or the Building; provided, however, Landlord warrants that all tenant improvements constructed by Landlord in the Premises shall be free from material defects for a period of one (1) year from the date the Premises are delivered to Tenant by Landlord. Except as required by Landlord in the next paragraph below, Tenant shall, at Tenant's sole cost and expense, keep the Premises and every part thereof in good condition and repair, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the elements excepted. If Tenant does not make such repairs, Landlord may, after reasonable notice to Tenant, make such repairs and Tenant shall pay (the costs thereof and any accrued interest thereon upon demand. In the event Tenant makes any repairs to the Premises or Building at the expense of Landlord as provided by any law, statute or ordinance now or hereafter in effect, Tenant shall do so only after having given reasonable notice to Landlord and Tenant shall only incur reasonable costs in making such repairs and shall make only such repairs as are reasonable, necessary and prudent under the prevailing circumstances. Landlord shall, at Landlord's expense subject to the provisions of Article 5, keep the structural portion including the HVAC, plumbing and electrical systems of the Building in good order, condi- Upon the expiration or sooner termination of the Term hereof, Tenant shall surrender the Premises to Landlord in the same condition as when received, ordinary wear and tear and damage thereto by fire, earthquake, act of God or the elements excepted.

  • Tenant Repairs To repair, maintain and keep the Leased Premises and all trade fixtures and improvements therein in good and substantial repair subject only to defects in construction of the structural members of the Building, reasonable wear and tear and damage by fire, lightning and tempest or other casualty against which the Landlord is insured (herein collectively referred to as "Tenant Repair Exceptions"); and that the Landlord may enter and view state of repair and that the Tenant will repair according to notice in writing, except for Tenant Repair Exceptions and that the Tenant will leave the Leased Premises in good repair, except for Tenant Repair Exceptions. Notwithstanding anything hereinbefore contained, the Landlord may in any event make repairs to the Leased Premises without notice if such repairs are, in the Landlord's opinion, necessary for the protection of the Building and the Tenant covenants and agrees with the Landlord that if the Landlord exercises any such option to repair, the Tenant will pay to the Landlord together with the next instalment of Monthly Rent which shall become due after the exercise of such option all sums which the Landlord shall have expended in making such repairs and that such sums, if not so paid within such time, shall be recoverable from the Tenant as rent in arrears. Provided further that in the event that the Landlord from time to time makes any repairs as hereinbefore provided, the Tenant shall not be deemed to have been relieved from the obligation to repair and leave the Leased Premises in a good state of repair.

  • Tenant Work Before commencing any repair or Alteration (“Tenant Work”), Tenant shall deliver to Landlord, and obtain Landlord’s approval of, (a) names of contractors, subcontractors, mechanics, laborers and materialmen; (b) evidence of contractors’ and subcontractors’ insurance; and (c) any required governmental permits. Tenant shall perform all Tenant Work (i) in a good and workmanlike manner using materials of a quality reasonably approved by Landlord; (ii) in compliance with any approved plans and specifications, all Laws, the National Electric Code, and Landlord’s construction rules and regulations; and (iii) in a manner that does not impair the Base Building. If, as a result of any Tenant Work, Landlord becomes required under Law to perform any inspection, give any notice, or cause such Tenant Work to be performed in any particular manner, Tenant shall comply with such requirement and promptly provide Landlord with reasonable documentation of such compliance. Landlord’s approval of Tenant’s plans and specifications shall not relieve Tenant from any obligation under this Section 7.3. In performing any Tenant Work, Tenant shall not use contractors, services, labor, materials or equipment that, in Landlord’s reasonable judgment, would disturb labor harmony with any workforce or trades engaged in performing other work or services at the Project.

  • Maintenance and Repairs by Tenant Tenant, at its expense, shall --------------------------------- maintain and repair the interior of the Leased Premises, and all heating, air conditioning, ventilating, electrical, mechanical, sprinkler and plumbing systems, equipment, machinery or fixtures exclusively servicing the Leased Premises, together with all pipes, conduits, ducts and drains therefor. Furthermore Tenant, at its expense, shall replace any broken glass in the interior or exterior of the Leased Premises, and shall maintain and repair all entryway doors to the Leased Premises. Landlord shall assign to Tenant all assignable manufacturers' warranties with respect to equipment and fixtures installed in the Leased Premises. Tenant further agrees to keep the Leased Premises in good, tenantable, sanitary, sightly and clean condition and to keep all lobbies and entryways which are part of the Leased Premises clean and free from debris, refuse, obstructions or hazardous conditions. Tenant agrees to notify Landlord in the event an excessive amount of snow accumulates on the roof of the Leased Premises. Tenant shall be responsible for all maintenance or repairs wholly or partially (to the extent of Tenant's part) caused by the negligence or fault of Tenant or any of its agents, visitors or licensees, or by Tenant's breach of any provision of this Agreement. If Tenant does not make the repairs or perform the maintenance required hereunder in a prompt and adequate manner, then after notice to Tenant and opportunity cure as provided herein, Landlord may make such repairs or perform such maintenance and pay the costs thereof, and such costs shall be so much Additional Rent which shall become immediately due and payable by Tenant to Landlord.

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