HVAC Service. 4.4.1. Landlord, during Business Hours, shall furnish heat, ventilation and air conditioning (“HVAC”) to the Premises as may be reasonably required (except as otherwise provided in this Lease and except for any special requirements of Tenant arising from its particular use of the Premises) for reasonably comfortable occupancy of the Premises. 4.4.2. If Tenant shall require HVAC services at any time other than during Business Hours (herein called “Overtime HVAC Service”), Landlord shall furnish such HVAC Overtime Service, subject to receiving advance notice from Tenant as follows: (a) as to any Business Day upon which Tenant requires such overtime service prior to 8:00 a.m., upon being notified by Tenant no later than 2:00 p.m. on the Business Day immediately preceding such date; (b) as to any Business Day upon which Tenant requires such overtime service after 6:00 p.m., upon being notified by Tenant no later than 2:00 p.m. on such date; and (c) as to any day which is not a Business Day upon which Tenant requires such overtime service, upon being notified by Tenant no later than 4:00 p.m. on the Business Day immediately preceding such date. Tenant, in respect of such Overtime HVAC Service, shall pay to Landlord, within thirty (30) days after demand therefor, an amount equal to the Hourly Rate (as hereinafter defined) per hour of Overtime HVAC Service; it being agreed that (x) should Tenant request Overtime HVAC Service after Business Hours on a Business Day, Landlord shall have the right to commence furnishing such service immediately following the expiration of Business Hours, and (y) should Tenant request Overtime HVAC Service prior to Business Hours on a Business Day, Landlord shall have the right to continue furnishing such service until the commencement of Business Hours; and, in either case, Tenant shall be required to pay Landlord as herein provided whether or not Tenant utilizes such service during all hours that are requested by Tenant and Landlord is furnishing same pursuant to Tenant’s request. Tenant shall comply fully with such reasonable rules and regulations as Landlord may enact in connection with its furnishing of Overtime HVAC Service. As of the date hereof, the “Hourly Rate” for each hour or fraction thereof shall be one hundred sixty dollars ($160.00) per hour; provided, however, that, from and after the date hereof, Landlord shall have the right to increase the Hourly Rate, but only in proportion to increases in Landlord’s costs of providing such Overtime HVAC Service.
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Samples: Lease Agreement (Teltronics Inc)
HVAC Service. 4.4.1The text of Article 36 of the Lease is hereby deleted and substituted therefor is the following:
A. Landlord, at its sole cost, shall operate the Building's boilers and chillers to supply hot and chilled water sufficient to operate Tenant's air-conditioning, heating and ventilating systems ("TENANT'S HVAC SYSTEM") and Landlord's heating, ventilating and cooling systems serving the common areas of the Building Monday through Friday from 8:00 a.m. to 6:00 p.m. ("BUSINESS HOURS"). Landlord, during at its expense, may install submeters or energy measuring devices (on the two chillers, the boilers, and on the hot and chilled water supply lines that serve Tenant's HVAC System) to measure the energy supplied to the Tenant's HVAC System. Landlord, at its expense, shall also operate the boilers and chillers to supply hot and chilled water to Tenant's HVAC System and other systems serving the said common areas outside Business Hours, . Landlord's responsibility as to costs of operating the boilers and chillers outside of Business Hours shall furnish heat, ventilation and air conditioning (“HVAC”) be without regard to the Premises as may be reasonably requirement to supply Tenant's after-hours HVAC requirements and only to the extent required (except as otherwise provided in this Lease and except to maintain temperatures within the Building at off-hours setback points normal for any special requirements of Tenant arising from its particular use of the Premises) for reasonably comfortable occupancy of the Premisesan office building.
4.4.2. B. If Tenant shall require HVAC services at any time other than during Business Hours (herein called “Overtime HVAC Service”)required for Tenant's laboratory requirements, Landlord shall furnish such operate the boilers and chillers 24 hours a day, 365 days a year to provide heated and chilled water to Tenant's HVAC Overtime Service, subject System. Tenant shall reimburse Landlord as Additional Rent due hereunder for its share of the costs of energy to receiving advance notice from Tenant as follows: (a) as supply chilled or hot water outside of Business Hours over and above the costs for which Landlord is responsible absent a laboratory requirement pursuant to any Business Day upon which Tenant requires such overtime service prior to 8:00 a.m., upon being notified by Tenant no later than 2:00 p.m. on the Business Day immediately preceding such date; (b) as to any Business Day upon which Tenant requires such overtime service after 6:00 p.m., upon being notified by Tenant no later than 2:00 p.m. on such date; and (c) as to any day which is not a Business Day upon which Tenant requires such overtime service, upon being notified by Tenant no later than 4:00 p.m. on the Business Day immediately preceding such datelast sentence of Section 36A hereof. Tenant, in respect 's share of the costs of such Overtime after-Business Hours operation of the boilers and chillers shall be apportioned daily among those tenants using such services for HVAC Service, shall pay to Landlord, within thirty (30) days after demand therefor, an amount equal to the Hourly Rate (as hereinafter defined) per hour outside of Overtime HVAC Service; it being agreed that (x) should Tenant request Overtime HVAC Service after Business Hours on a Business Daythe basis of the floor areas of such tenants, after accounting for the basic off-hours needs of the Building to be attributed to the Landlord shall have as set forth in the right last sentence of Section 36A hereof. Alternatively, if Landlord installs an energy measuring system to commence furnishing such service immediately following track directly the expiration energy supplied by the chillers and boilers to each of the tenants in the Building requiring hot and cold water outside of Business Hours, over and (y) should Tenant request Overtime HVAC Service prior above the after-hours costs for which Landlord is responsible pursuant to Section 36A hereof, the cost of the energy used shall be computed and billed as Additional Rent based on actual utilization.
C. Landlord's share of the cost of operation of the boilers and chillers outside of Business Hours shall be determined as promptly as possible after the date hereof by an impartial professional engineer selected by mutual agreement of Landlord and Tenant. Said engineer, at Landlord's expense, shall compute the share of energy costs for the Landlord to maintain the Building outside of Business Hours at normal office building temperatures absent laboratory use and under various weather and temperature conditions over a one-year period. The balance of the costs of such operation outside of Business Hours shall be apportioned proportionately among the Tenants requiring such services on the basis of the tenant's rentable square footage. If a direct energy measurement system is installed to track the after-Business DayHours energy requirements of tenants in the Building, the engineer shall establish proper procedures for the utilization of said system so that Landlord and all tenants pay for their proper share of after-hours energy utilization. Landlord shall have provide Tenant with a copy of the right engineer's report as well as an opportunity to continue furnishing such service until discuss details of the commencement analysis and of the energy management system.
D. Landlord shall xxxx Tenant monthly for its share of after-Business Hours operation of the boilers and chillers, commencing on the Rent Commencement Date with respect to the Original Leased Premises, and on the First Amendment Space Rent Commencement Date with respect to the First Amendment Space, throughout the Term as long as Tenant maintains a requirement for hot and chilled water outside of Business Hours; and, in either case, Tenant . All such xxxxxxxx shall be required to pay Landlord as herein provided whether or not Tenant utilizes accompanied by Landlord's calculation of Tenant's share of such service during all hours that are requested by Tenant and Landlord is furnishing same pursuant to Tenant’s request. Tenant shall comply fully with such reasonable rules and regulations as Landlord may enact in connection with its furnishing of Overtime HVAC Service. As of the date hereof, the “Hourly Rate” cost for each hour or fraction thereof shall be one hundred sixty dollars ($160.00) per hour; provided, however, that, month as well as the appropriate reports from metering and after the date hereof, Landlord shall have the right to increase the Hourly Rate, but only in proportion to increases in Landlord’s costs of providing such Overtime HVAC Servicereporting devices.
Appears in 1 contract
HVAC Service. 4.4.1. 4.4.1 Landlord, during Business Hours, shall furnish heat, ventilation and air conditioning (“"HVAC”") to the Premises as may be reasonably required (except as otherwise provided in this Lease and except for any special requirements of Tenant arising from its particular use of the Premises) for reasonably comfortable occupancy of the Premises. Landlord represents and warrants that the Building's HVAC systems have the capacity, flexibility and ability to maintain in the Premises the design conditions specified in Exhibit E attached to and made a part of this Lease.
4.4.2. 4.4.2 If Tenant shall require HVAC services at any time other than during Business Hours (herein called “Overtime "OVERTIME HVAC Service”SERVICE"), Landlord shall furnish such HVAC Overtime Service, subject to receiving advance notice from Tenant as follows: (a) as to any Business Day upon which Tenant requires such overtime Overtime service prior to 8:00 8: 00 a.m., upon being notified by Tenant no later than 2:00 p.m. on the Business Day immediately preceding such date; (b) as to any Business Day upon which Tenant requires such overtime service after 6:00 p.m., upon being notified by Tenant no later than 2:00 p.m. on such date; and (c) as to any day which is not a Business Day upon which Tenant requires such overtime service, upon being notified by Tenant no later than 4:00 p.m. on the Business Day immediately preceding such date. , Tenant, in respect of such Overtime HVAC Service, shall pay to Landlord, within thirty twenty (3020) days after demand therefor, an amount equal to the Hourly Rate (as hereinafter defined) per hour of Overtime HVAC Service to compensate for additional wear and tear to the HVAC system and additional maintenance due to such Overtime HVAC Service; it being agreed that (x) should Tenant request Overtime HVAC Service after Business Hours on a Business Day, Landlord shall have the right to commence furnishing such service immediately following the expiration of Business Hours, and (y) should Tenant request Overtime HVAC Service prior to Business Hours on a Business Day, Landlord shall have the right to continue furnishing such service until the commencement of Business Hours; and, in either case, Tenant shall be required to pay Landlord as herein provided whether or not Tenant utilizes such service during during, all hours that are requested by Tenant and Landlord is furnishing same pursuant to Tenant’s requestsame. Tenant shall comply fully with such reasonable rules and regulations as Landlord may enact in connection with its furnishing of Overtime HVAC Service. As The "Hourly Rate" shall equal $10.00 per hour.
4.4.3 Notwithstanding the foregoing, it is understood and agreed that Tenant shall pay for the electricity needed to operate the HVAC system serving the Premises and, incident thereto, the "heat pumps" for such system, which are located in the ceiling plenum of the date hereofPremises or adjacent to the Premises, the “Hourly Rate” for each hour or fraction thereof shall be one hundred sixty dollars ($160.00) per hour; provided, however, that, from and after the date hereof, Landlord shall have the right connected to increase the Hourly Rate, but only in proportion to increases in Landlord’s costs of providing such Overtime HVAC ServiceTenant's Submeter.
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Samples: Lease (Ion Networks Inc)