HVAC System. 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 pay the full cost of the maintenance contract for the HVAC in 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 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, then Lessee shall pay their share as determined by numerator being the tonnage of HVAC equipment serving the Leased Premises and the denominator being the 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 in top operating condition (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Lessee. All costs due by Lessee to Lessor in this section shall be due within ten (10) days after receipt of billing.
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HVAC System. Notwithstanding Subject to the provisions second (2nd) paragraph of Section 1.2 above, Landlord shall provide the preceding Sectionexisting equipment servicing the Premises in its “as is” condition in order to provide electric current, Lessor may elect at any time upon written notice to Lessee to heat and air-conditioning therein. Landlord and Tenant hereby acknowledge that an independent heating, ventilation and air-conditioning system (“HVAC System”) will service the Premises. Landlord shall perform the maintenance and repair of the heating, ventilating and air conditioning system (hereinafter "HVAC") HVAC System for the account of LesseeTenant. In such event, Lessee Tenant shall pay the full cost of the maintenance contract for the HVAC System in the Leased Premises 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 LessorLandlord. P:00816539-5:12107.019 -00- Xxxxxxxxxxxxx, as well as for costs of repair or replacement of parts thereof as necessary, in the reasonable judgment of Lessor. Lessor Xxxxxxxx may, at its option, elect to have the HVAC System in the Leased Premises maintained and repaired in common with other equipment in the ComplexBuilding. In such event Lessee event, within ten (10) business days after receipt of xxxxxxxx therefor and as Additional Rent, Tenant shall pay its pro rata share of such maintenance costs and repair costs, which share shall be established in an equitable manner by Lessor Landlord based upon the relative tonnage in provided to the Leased Premises Premises, compared to the total tonnage under contract, or some other reasonable and consistently applied 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 conclusiveLandlord. Included in the charges to be allocated to Lessee Tenant shall be, without limitation: , the maintenance contract upon for the HVACHVAC System, extended warranties and any repairs and replacements not covered by the maintenance contract or warrantyany warranty or insurance, and reasonable and wear tear. Lessor may elect Landlord shall have the option to replace have Tenant, at Tenant’s sole cost and expense, arrange for the maintenance contract for 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 System 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, then Lessee shall pay their share as determined company reasonably approved by numerator being the tonnage of HVAC equipment serving the Leased Premises and the denominator being the 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 in top operating condition (repairs, replacements, coil cleaning, etcLandlord.) shall be the responsibility of Lessee. All costs due by Lessee to Lessor in this section shall be due within ten (10) days after receipt of billing.
Appears in 1 contract
Samples: Lease (Maxlinear Inc)
HVAC System. 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 Landlord shall pay the full cost of the maintenance contract for deliver the HVAC in the Leased Premises within ten (10) days of receipt of billing therefor from LessorSystem, as hereinafter defined, as well as for costs of 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 or and condition and in accordance with Law and with the equipment manufacturers’ suggested operation/maintenance service program. Such obligation shall include the replacement of parts thereof as necessary, in the reasonable judgment of Lessor. Lessor may, at its option, elect to have the HVAC in the Leased Premises maintained in common with other all 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, then Lessee shall pay their share as determined by numerator being the tonnage of HVAC equipment serving the Leased Premises and the denominator being the 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 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 in top operating condition 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 (repairsthe “Replacement Cost”) equal to the product obtained by multiplying the Replacement Cost by a fraction, replacements, coil cleaning, etc.) the numerator of which shall be the responsibility number of Lesseedays 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 costs due by Lessee such replacements will be subject to Lessor in 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 section shall be due within ten (10) days after receipt of billingLease.
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Samples: Commercial Industrial Lease Agreement (Everspin Technologies Inc)
HVAC System. Notwithstanding the provisions of the preceding Section, Lessor may elect at any time upon written notice to Lessee to shall 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 in 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 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) 10 business 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, then Lessee shall pay their share as determined by numerator being the tonnage of HVAC equipment serving the Leased Premises and the denominator being the 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 in top operating condition (repairs, replacements, coil cleaning, etc.) shall be the responsibility of Lessee. All costs due by Lessee to Lessor in this section shall be due within ten (10) days after receipt of billing.
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