Common use of HVAC System Clause in Contracts

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 subject to Landlord’s written approval of the same. Tenant shall pay Tenant’s portion of such Replacement Costs as Additional Rent on a monthly basis based amortized at a 9% annual rate of interest over the remainder of the term of this Lease.

HVAC System. Landlord Notwithstanding the provisions of the preceding Section, Lessor may elect at any time upon written notice to Lessee to perform the maintenance of the heating, ventilating and air conditioning system (hereinafter "HVAC") for the account of Lessee. In such event, Lessee shall deliver pay the full cost of the maintenance contract for the HVAC System, as hereinafter definedin the Leased Premises within ten (10) days of receipt of billing therefor from Lessor, as well as for costs of repair or replacement of parts thereof as necessary, in the Building systems servicing reasonable judgment of Lessor. Lessor may, at its option, elect to have the HVAC in the Leased Premises maintained in common with other equipment in the Complex. In such event Lessee shall pay its pro rata share of such maintenance costs which share shall be established in an equitable manner by Lessor based upon the relative tonnage in the Leased Premises compared to the total tonnage under contract, or some other reasonable means of allocation as selected by Lessor. Lessor's good faith judgment as to the allocation of the charges described in this paragraph shall be conclusive. Included in the charges to be allocated to Lessee shall be, without limitation: the maintenance contract upon the HVAC, extended warranties and any repairs and replacements not covered by the maintenance contract or warranty. Lessor may elect to replace the HVAC system, if necessary, and in such event the cost thereof shall be amortized in the manner provided in this Lease with respect to amortization of other Capital Costs. Lessee shall pay to Lessor, within ten (10) days after receipt of billing, its pro rata share of such amortization, established on an equitable basis according to the relative tonnage in the Leased Premises as compared to the entire area served by the system. Notwithstanding the preceding contained in Articles 22.1 or 22.2, there is another option that Lessor, at its option, may elect: Lessor may elect to contract with a HVAC service provider for quarterly filter changes and periodic inspections of the HVAC equipment ("Periodic Inspections"). The costs of such Periodic Inspections are to be billed back to Lessee. If the service contract Lessor enters into covers more HVAC equipment than that which is serving the Leased Premises, to Tenant in good working order and repair. Tenant then Lessee shall maintain, pay their share as determined by numerator being the heating, air conditioning and ventilation tonnage of HVAC equipment and system serving the Leased Premises and the hot water equipment (collectively denominator being 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 total tonnage of all of the HVAC equipment covered by the service contract. HVAC related costs, other than Periodic Inspections, necessary to maintain the HVAC System servicing system in top operating condition (repairs, replacements, coil cleaning, etc.) shall be the Premises responsibility of Lessee. All costs due by Lessee to Lessor in good working order. Within thirty this section shall be due within ten (3010) days after the Commencement Date, Tenant shall deliver to Landlord copies receipt 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 subject to Landlord’s written approval of the same. Tenant shall pay Tenant’s portion of such Replacement Costs as Additional Rent on a monthly basis based amortized at a 9% annual rate of interest over the remainder of the term of this Leasebilling.

HVAC System. Landlord shall deliver the HVAC System, as hereinafter defined, as well as the Building systems Systems servicing the Premises, to Tenant in good working order and repair, and Landlord shall pay for any costs over Five Hundred Dollars ($500.00) per occurrence, of all parts and labor for repairs to the HVAC System and replacements thereof necessitated by ordinary wear and tear for a period of twelve (12) months following the Commencement Date (provided that (i) Landlord pre-approves in writing any applicable repair or replacement, which approval shall not be unreasonably withheld or delayed, and (ii) to the extent the repair or replacement was not necessitated by Tenant’s failure to maintain or negligence). After the initial twelve (12) month period, Tenant shall be responsible for the cost of any repairs to the HVAC system and Tenant shall maintain, the heating, air conditioning 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 '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 shall provide Tenant with reasonable access to the HVAC System 24X7X365 so that Tenant may control and use the HVAC as desired at all times. The HVAC systems for a period of six (6) months following the Commencement Date and System shall be responsible dedicated to Tenant and not shared with any other tenant in the Building. Notwithstanding the foregoing to the contrary, provided Tenant enters into a regularly scheduled preventative maintenance and service contract 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 System with a reputable HVAC contractor pursuant to the negligence provisions of Tenant or its agentsthis Section 5.3, employees or contractors). In the event that the HVAC unit servicing the Premises requires replacement if at any time during the Term after such six month period, as evidenced by the HVAC unit serving the Premises requires replacement or a written report from Tenant’s service provider, Tenant shall reimburse Landlord repair in excess of $3,000 for the portion of repair project (as recommended by the contractor approved by Landlord and Tenant) and such need for 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 or applicable repair 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 to the extent due to any misuse or abuse of the unit by Tenant or failure of Tenant to properly maintain the unit). All , then the cost of such replacements will replacement or applicable repair shall be subject to Landlord’s written approval amortized over the useful life of the same. unit in accordance with GAAP and Tenant shall only be required to pay Tenant’s that portion of the cost applicable to the Term (as may be extended). Landlord must pre-approve, in writing, any such Replacement Costs replacement, repair or improvement, which such approval shall not be unreasonably withheld or delayed. Except as Additional Rent on a monthly basis based amortized at a 9% annual rate of interest over the remainder set forth above, Tenant shall be liable for any additional or other repairs or replacements of the term of this LeaseHVAC System during the Term.

HVAC System. Subject to the second (2nd) paragraph of Section 1.2 above, Landlord shall deliver provide the HVAC System, as hereinafter defined, as well as the Building systems existing equipment servicing the PremisesPremises in its “as is” condition in order to provide electric current, to heat and air-conditioning therein. Landlord and Tenant in good working order and repair. Tenant shall maintain, the hereby acknowledge that an independent heating, air ventilation and air-conditioning and ventilation equipment and system and the hot water equipment (collectively the “HVAC System”) in good will service the Premises. Landlord shall perform the maintenance and 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 for the account of Tenant. Tenant shall pay the cost of the maintenance contract for the HVAC System in the Premises, as well as for costs of repair, maintenance and reasonable wear and tear thereof as necessary in the reasonable judgment of Landlord, and a charge equal to $15.00 per hour, per unit for each hour outside of the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 1:00 p.m. on Saturdays that Tenant runs the HVAC System, all as Additional Rent, within ten (10) business days of receipt of billing therefor from Landlord. P:00816539-5:12107.019 -00- Xxxxxxxxxxxxx, Xxxxxxxx may, at its option, elect to have the HVAC System in the Premises maintained and repaired in good working ordercommon with other equipment in the Building. Within thirty In such event, within ten (3010) business days after the Commencement Datereceipt of xxxxxxxx therefor and as Additional Rent, Tenant shall deliver to Landlord copies pay its pro rata share of contracts entered into by Tenant for regularly scheduled preventive such maintenance and service contracts repair costs, which share shall be established in an equitable manner by Landlord based upon the relative tonnage provided to the Premises, compared to the total tonnage under contract, or some other reasonable and consistently applied means of allocation as selected by Landlord. Included in the charges to be allocated to Tenant shall be, without limitation, the maintenance contract for the HVAC System, each any repairs and replacements not covered by the maintenance contract in a form or any warranty or insurance, and substance reasonable and with a contractor reasonably acceptable wear tear. Landlord shall have the option to Landlord. At least fourteen (14) days before the Expiration Datehave Tenant, the earlier termination of this Lease, or the termination of at Tenant’s right to possess sole cost and expense, arrange for the Premises, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that maintenance contract for 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 company reasonably approved 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 subject to Landlord’s written approval of the same. Tenant shall pay Tenant’s portion of such Replacement Costs as Additional Rent on a monthly basis based amortized at a 9% annual rate of interest over the remainder of the term of this Lease.

HVAC System. Landlord Notwithstanding the provisions of the preceding Section, Lessor shall deliver perform the maintenance of the heating, ventilating and air conditioning system (hereinafter "HVAC") for the account of Lessee. In such event, Lessee shall pay the full cost of the maintenance contract for the HVAC System, as hereinafter definedin the Leased Premises within ten (10) business days of receipt of billing therefor from Lessor, as well as for costs of repair or replacement of parts thereof as necessary, in the Building systems servicing reasonable judgment of Lessor. Lessor may, at its option, elect to have the PremisesHVAC in the Leased Premises maintained in common with other equipment in the Complex. In such event Lessee shall pay its pro rata share of such maintenance costs which share shall be established in an equitable manner by Lessor based upon the relative tonnage in the Leased Premises compared to the total tonnage under contract, or some other reasonable means of allocation as selected by Lessor. Lessor's good faith judgment as to Tenant the allocation of the charges described in good working order this paragraph shall be conclusive. Included in the charges to be allocated to Lessee shall be, without limitation: the maintenance contract upon the HVAC, extended warranties and repairany repairs and replacements not covered by the maintenance contract or warranty. Tenant shall maintainLessor may elect to replace the HVAC system, the heatingif necessary, air conditioning and ventilation equipment and system and the hot water equipment (collectively the “HVAC System”) in good repair and condition and in accordance such event the cost thereof shall be amortized in the manner provided in this Lease with Law and with the equipment manufacturers’ suggested operation/maintenance service programrespect to amortization of other Capital Costs. Such obligation Lessee shall include the replacement of all equipment necessary pay to maintain the HVAC System servicing the Premises in good working order. Within thirty Lessor, within ten (30) 10 business days after the Commencement Datereceipt of billing, Tenant shall deliver to Landlord copies its pro rata share of contracts entered into by Tenant for regularly scheduled preventive maintenance and service contracts for the HVAC Systemsuch amortization, 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 established on 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 equitable basis according to the product obtained by multiplying relative tonnage in the Replacement Cost by a fraction, the numerator of which shall be the number of days subsequent Leased Premises as compared to the installation of such unit until and including entire area served by 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 subject to Landlord’s written approval of the same. Tenant shall pay Tenant’s portion of such Replacement Costs as Additional Rent on a monthly basis based amortized at a 9% annual rate of interest over the remainder of the term of this Leasesystem.