HVAC Units. Tenant, at its expense, shall at all times during the Term maintain with qualified contractors maintenance and repair contracts (“HVAC Maintenance Contracts”) for the rooftop mounted HVAC units exclusively serving the Premises. The HVAC Maintenance Contracts shall be in form and content reasonably satisfactory to Landlord. Landlord shall be a third party beneficiary of the HVAC Maintenance Contracts and, within 5 days after Landlord’s request, Tenant shall deliver a copy of the HVAC Maintenance Contracts to Landlord.
HVAC Units. Prior to the Commencement Date for the 15279 Premises, (i) Landlord and Tenant acknowledge that Tenant owns certain of the HVAC units serving the Premises as listed and noted on the attached Exhibit B, and (ii) Tenant hereby agrees to purchase the other HVAC units listed and noted on the attached Exhibit B at a total cost of $28,943.00. Thereafter, such HVAC units will not be subject to after-hours HVAC charges. Tenant agrees the existing HVAC units are being purchased in their existing as-is condition and that during the Lease Term as to the 15279 Premises the maintenance, repair, and replacement, including the repair of any damages to the 15279 Building resulting from any such maintenance, repair, or replacement shall be the responsibility of Tenant. In addition, prior to vacating the 15279 Premises, Tenant shall remove the existing HVAC units in accordance with the procedures and requirements set forth on attached Exhibit B-1 and repair any damages resulting from such removal.
HVAC Units. In addition to Landlord’s Work, on or about the Effective Date, Landlord, at Landlord’s cost, shall replace one (1) of the two (2) HVAC rooftop units serving the office area of the Additional Premises and one (1) of the two (2) radiant heater in the warehouse for the Additional Premises (collectively, the “New HVAC Equipment”) using Building standard materials, methods and finishes. Subject to the installation of the New HVAC Equipment, Landlord agrees that the HVAC equipment serving the Additional Premises shall be in good working order as of the Effective Date. Tenant shall be obligated to maintain the New HVAC Equipment as well as any other HVAC equipment, including without limitation, any radiant heaters, in the Premises (used herein to mean the Original Premises and the Additional Premises) (collectively, the “Premises HVAC Equipment”) as provided in the Lease. In addition to and not in lieu of any other repair and maintenance obligations Tenant may have for the Premises HVAC Equipment, Tenant shall enter into a periodic maintenance agreement (the “HVAC Maintenance Contract”) for the Premises HVAC Equipment with an HVAC contractor reasonably approved by Landlord, which contract shall provide for a minimum of two (2) inspections per year. The HVAC Maintenance Contract must include all services suggested by the equipment manufacturer in the operation/maintenance manual. Should Tenant fail to obtain and/or maintain the HVAC Maintenance Contract, Landlord may, upon notice to Tenant, enter into such service contract on behalf of Tenant or perform the work and in either case, charge Tenant the cost thereof along with a reasonable amount for Landlord’s overhead. A copy of said contract shall be forwarded to the Landlord on an annual basis, and copies of inspection reports shall be delivered to the Landlord within ten (10) days of receipt thereof by Tenant. Landlord shall pass on to Tenant the benefit of any manufacturer’s and/or contractor’s warranties for the New HVAC Equipment to the extent obtained by Landlord. 18011-29104 XX Xxx Xxxxx Medical Nutrition Inc Fourth Amendent 5
HVAC Units. Landlord agrees that Tenant shall be required to remove any existing and new HVAC units located in Building 6 as set forth in the Lease upon the expiration of the Term. Tenant shall not be required to remove any existing (as of the date of this Amendment) HVAC units from Building 9 upon the expiration of the Term; provided, however, that Tenant shall be required to restore any supplemental HVAC units which Tenant has installed in Building 9 after the date of this Amendment upon the expiration of the Term.
HVAC Units. The parties agree that to the extent Landlord, in its sole discretion, determines that any or all of the HVAC units serving the Premises need replacement at any time on or after the Extension Commencement Date, Landlord shall do so, and the cost thereof shall be amortized over a twelve year period from the date of installation thereof, which amortization shall be based upon equal payments of principal and interest over said twelve year period, and interest shall be at the rate of nine percent (9%) per annum. Throughout that portion of the Term during which such amortization occurs, Tenant shall pay, as a part of Operating Costs, all of such amortization, including interest as specified above.
HVAC Units. No later than July 31, 2011, the fourteen (14) existing rooftop HVAC units identified in Exhibit “A” shall be replaced by Landlord, at Landlord’s sole cost and expense, with new units of equivalent or superior specifications. All warranties for the new rooftop HVAC units shall inure to the benefit of Tenant. IsoTis OrthoBiologics, Inc. Amendment No. 1 to Lease May 26, 2011
HVAC Units. 43.1 Tenant, at its cost, shall be permitted to install on the roof of the Building one (1) or more additional air-cooled stand alone package heating, ventilation and air conditioning system(s) (the “HVAC Units”). If at any time Landlord, in its sole discretion, deems it necessary, Tenant shall provide and install, at Tenant’s sole cost and expense, appropriate aesthetic screening, reasonably satisfactory to Landlord, for the HVAC Units (the “Screening”). Tenant shall obtain the advice of a structural engineer as to the placement of the HVAC Units without damaging the Building, and shall provide a copy of such engineer’s report to Landlord and shall follow the recommendations made in such report. The HVAC Units, its appurtenances and Screening, if any, shall be installed in accordance with the terms of Section 6 of this Lease, including, without limitation, the prior approval of Landlord in accordance with Section 6 of this Lease including, without limitation, Landlord’s approval of the precise location of the HVAC Units on the roof of the Building (such area on the roof, as designated by Landlord, being referred to herein as the “HVAC Unit Roof Space”), the manner in which the HVAC Units is lifted to, and installed on, the roof of the Building, and the manner in which the HVAC Units is connected to the Premises. Landlord shall give or deny such approval within 15 days of Tenant’s request.
HVAC Units. Lessor shall be solely responsible, without pass-through to Lessee as an operating expense, for the replacement of any existing HVAC units that are beyond their useful life as of the Commencement Date of the Renewal Term, as reasonably determined by Lessor and Lessee. The maintenance and repair obligation of said HVAC Units thereafter shall be at Lessee’s sole responsibility and expense per the Lease.
HVAC Units. Pursuant to the Third Amendment, Tenant has previously installed HVAC Equipment (as defined in the Third Amendment) on the roof of the Building and desires to install three (3) additional HVAC units. Landlord acknowledges that Tenant will install two (2) Additional HVAC units in 2010 (the “2010 Additional HVAC Units”) and one (1) additional HVAC Unit in 2011 (the “2011 Additional HVAC Unit”).
