HVAC System. The HVAC system is warranted against defective materials and workmanship, except where failure in the system is caused by alteration or improper operation or use by Buyer or Buyer’s agent. Seller warrants the heating system to be capable of heating the Unit to a temperature of 70- degrees Fahrenheit, as measured in the center of the room, at a height of five (5) feet above the floor, when the outside temperature is 0-degrees Fahrenheit or higher. Seller warrants the air conditioning system to be capable of maintain a temperature of 78-degrees Fahrenheit, as measured in the center of the room, at a height of five (5) feet above the floor under local outdoor summer design conditions. When the outside temperature exceeds 95- degrees Fahrenheit, the system shall maintain the inside temperature fifteen (15) degrees cooler than the outside temperature. Seller also warrants that all ductwork in unheated spaces, exclusive of the basement, shall be insulated; ductwork shall be intact and securely fastened; and refrigerant lines shall not leak.
HVAC System. Air conditioning will be supplied to cause the temperature in the Premises and Building at a temperature consistent with other office buildings in Orange County, California, which are typically not less than 70° F nor greater than 75° F, during all Normal Business Hours as defined below in Clause 19(E).
HVAC System. 4 including....................................................................................................................11
HVAC System. Landlord shall deliver the HVAC System, as hereinafter defined, as well as the Building systems servicing the Premises, to Tenant in good working order and repair. Tenant shall maintain, the heating, air conditioning and ventilation equipment and system and the hot water equipment (collectively the “HVAC System”) in good repair and condition and in accordance with Law and with the equipment manufacturers’ suggested operation/maintenance service program. Such obligation shall include the replacement of all equipment necessary to maintain the HVAC System servicing the Premises in good working order. Within thirty (30) days after the Commencement Date, Tenant shall deliver to Landlord copies of contracts entered into by Tenant for regularly scheduled preventive maintenance and service contracts for the HVAC System, each contract in a form and substance and with a contractor reasonably acceptable to Landlord. At least fourteen (14) days before the Expiration Date, the earlier termination of this Lease, or the termination of Tenant’s right to possess the Premises, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the HVAC System is then in good repair and working order. Landlord will warrant all HVAC systems for a period of six (6) months following the Commencement Date and shall be responsible for any and all repair/replacement (but not Tenant’s quarterly maintenance charges) costs during such period (except for damage caused by Tenant’s failure to properly maintain the HVAC system or the negligence of Tenant or its agents, employees or contractors). In the event that the HVAC unit servicing the Premises requires replacement at any time during the Term after such six month period, as evidenced by a written report from Tenant’s service provider, Tenant shall reimburse Landlord for the portion of the replacement cost for such existing HVAC Unit (the “Replacement Cost”) equal to the product obtained by multiplying the Replacement Cost by a fraction, the numerator of which shall be the number of days subsequent to the installation of such unit until and including the last day of the Term, and the denominator of which shall be 3,650 (which is the number of days in a ten year useful life for such unit). Such replacement must also be due to ordinary wear and tear (and not due to any misuse or abuse of the unit by Tenant or failure of Tenant to properly maintain the unit). All such replacements will be su...
HVAC System. The Landlord is responsible for the installation and maintenance of all HVAC equipment and all main distribution ductwork to the demised premise. The Tenant is responsible for connecting to the taps provided, all VAV boxes and low velocity distribution ductwork within the demised premise. The Tenant will provide all local controls and interface with the Landlord's EMS system as needed. The Tenant will return air to the return taps provided within the demised premise or to the common plenum above the demised premise. The Tenant will provide transfer grills and fans as required within the demised premise as needed to insure proper air balance.
HVAC System. Landlord shall provide and operate a first class quality heating, ventilating and air conditioning system with service available on a year round basis in all occupied areas of the building. Fan rooms shall be located on each floor of the building, permitting Tenant to utilize after hours HVAC service on a floor by floor basis. All HVAC units shall be equipped with after hours control and monitoring equipment. The building is designed for a water source heat pump system to heat and cool the occupied space. Individual zones will be served by horizontally mounted heat pump units located in the ceiling space. Since these units vary in size from 6.7 MBH cooling output to 120 MBH, the tenant improvement design has a high degree of flexibility in zone sizing. The horizontal heat pumps are served by a condenser water loop connected to a 250 ton cooling tower and an 1825 MBH input hot water boiler located in the mechanical enclosure, with two (2) 15 HP pumps supplying the loop. These variable speed pumps supply condenser water to the heat pumps as called for by the direct digital control system. Ventilation air is supplied through a variable speed pressurized duct system with roof mounted fans. Landlord will provide the condenser water loop, cooling tower, boiler and pumps, only as a shell specification. All costs associated with installation of horizontal mounted heat pump units, after hours control devices and connection to water loop and duct system will be part of tenant improvement work. The entire system is designed for the utmost in flexibility, allowing zones as small as 1000 square feet and a very high degree of energy efficiency.
HVAC System. The lease will usually provide that the heating, ventilation, and air-conditioning (“HVAC”) system stays with the premises and is the property of Landlord, which means it is not available to the Tenant to grant as Collateral. However, in many cases, the Tenant buys the HVAC equipment and owns it until the end of the lease term, with leases varying in their specificity about what happens to the HVAC system at that time. In that situation, the status of the HVAC equipment is not as clear and there is a good chance of a dispute between the Landlord and the Tenant Lender. It is better to exclude the HVAC system from the description of the Collateral in which Landlord is subordinating its lien. A Landlord might also want to review the Tenant’s Pledge and Security Agreement and UCC-1 to make sure that the HVAC system is specifically excluded from the Tenant Lender’s description of its Collateral.
HVAC System. Tenant hereby acknowledges that an independent heating, ventilation and air conditioning system (“HVAC System”) will service the Premises, the electricity for which shall be separately sub- metered at Tenant’s sole cost and expense and for which Tenant shall make payment pursuant to the same provision and in the same manner as set forth in Section 9.01(b) above. Except as otherwise expressly provided in this Section 9.04 below, Landlord shall provide the existing HVAC system serving the Premises in its “AS-IS” condition. Tenant shall be responsible for providing air conditioning and heat to the Premises and Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide such services in the Premises. Tenant shall, at Tenant’s sole cost and expense, pay all costs to operate the HVAC System, and shall repair and maintain such HVAC System in good working condition (which shall include replacements, as necessary). All replacements shall be of a quality equal to or exceeding that of the original. However, at the sole option of Landlord, (a) Tenant shall contract with a service company approved by Landlord for the regular maintenance, repair and/or replacement (when necessary) of the HVAC System serving the Premises and shall provide Landlord with a copy of any service contract within the earlier of thirty (30) days following its execution or ten (10) days following Landlord’s request for such contract, or (b) Landlord may contract with a service company of its own choosing (or provide such service itself) for the maintenance, repair and/or replacement of the HVAC System serving the Premises and collect a reserve or bill Tenant for the cost of same. The sum so billed to Tenant shall become due to Landlord within thirty
HVAC System a. Variable Air Volume Box: Tempmaster Type “V”.
HVAC System. Notwithstanding the provisions of Section 19.1, Landlord may elect at any time upon Notice to Tenant to perform the maintenance of the heating, ventilating and air conditioning system (hereinafter “HVAC”) for the account of Tenant. In such event, Tenant shall pay as Additional Rent the full cost of the maintenance contract for the Premises HVAC within ten days of receipt of billing from Landlord, as well as for costs of necessary repair or replacement of parts, in the reasonable judgment of Landlord. Landlord may, at its option, elect to have the HVAC in the Premises maintained in common with other equipment in the Complex. If so, Tenant shall pay its Pro Rata Share of the maintenance costs. The maintenance contract on the HVAC, extended warranties and any repairs and replacements not covered by the maintenance contract or warranty shall be included in the charges allocated to Tenant. Landlord may elect to replace the HVAC system, if necessary, and in such event the cost thereof shall be treated as provided in Article 6. Tenant shall pay as Additional Rent to Landlord, within ten days after receipt of billing, its pro rata share of such amortization, established on an equitable basis as set forth in the prior paragraph.
