HVAC Work. Tenant shall be entitled to an allowance in the maximum aggregate amount of $225,475.00 (i.e., $5.00 per rentable square foot of the Premises) (the “HVAC Allowance”) to install and/or refurbish heating, ventilation and air conditioning equipment throughout the Premises (“HVAC Work”) in accordance with the terms of this Tenant Work Letter. The HVAC Work shall be subject to the terms and conditions governing alterations to the Premises as set forth in Article 7 of the Lease including, without limitation, Landlord’s approval rights of the plans and specifications involving the HVAC Work; provided, however, Tenant shall have the option to instead include such HVAC Work in its requests for approval for the Tenant Improvements as set forth below, in which event the approval of the HVAC Work shall be subject to the same terms and conditions of the Tenant Improvements. Landlord shall disburse to Tenant (or, at Tenant’s option, to Tenant’s general contractor) any funds from the HVAC Allowance within thirty (30) calendar days of a Payment Request (as hereinafter defined), an amount up to the costs Tenant incurred in connection with the HVAC Work upon satisfaction of the following conditions:
(A) Tenant has delivered to Landlord a payment request (“Payment Request”) in a form reasonably satisfactory to Landlord specifying the work which has been completed; and
(B) Tenant’s general contractor and/or architect shall have submitted an application for payment and sworn statement substantially in the form of AIA Document G702; and
(C) Tenant has submitted to Landlord lien waivers or partial lien waivers to cover the work included under the Payment Request and all prior work Tenant was required to pay for before utilizing the HVAC Allowance. Notwithstanding anything herein to the contrary, the HVAC Allowance must be requested by Txxxxx, if at all, in accordance with this paragraph on or before the date that is eighteen (18) months following the Effective Date of this Amendment, and any portion not requested by such date may no longer be utilized by Tenant and shall be deemed forfeited to Landlord; provided, however, such eighteen (18) month deadline shall be extended for a reasonable amount of time (not to exceed 6 additional months) if reasonably necessary based on abnormal lead times for products and equipment necessary for Tenant to perform the HVAC Work.
HVAC Work. (a) Landlord shall install a building management system, at Landlord’s expense, to control the HVAC system on the Second, Third and Fourth floors of the Building. The scope of such work is as follows: All existing built-in temperature controllers for the Carrier Modulines will be removed. The maximum volume regulators shall remain in place for balancing the system. In place of each master control Landlord will install a new DDC master control valve with a software programmable wall-mounted temperature sensor. All of the current zoning shall be maintained. The new DDC controls shall communicate through a network that shall be interfaced to the existing Andover Energy Management System. The room sensors shall be adjustable by the Tenant within a prescribed temperature range which shall be limited through software to approximately 4-6 degrees. Such work shall be completed on or before September 1, 2005. All such work shall be done in accordance with the plans attached hereto as Schedule 1.
(b) Landlord shall begin the work discussed in Section 8(a) above on or before July 11, 2005. Such work for the Second and Third Floors will be completed within three (3) weeks thereafter (2 weeks for work, 1 week for testing). Tenant shall pay Landlord [***] for it to perform such work after hours. In the event the HVAC work for the Second and Third Floors has not been completed on or before August 15, 2005, Tenant shall receive one day’s free rent for each day after August 15, 2005 until such HVAC work is completed. The work for the Fourth Floor shall be at Landlord’s cost and will be completed simultaneously the Landlord’s Development Improvements for the Fourth Floor as discussed in Section 7(f) above. Notwithstanding the foregoing, the period for construction of the HVAC improvements discussed, in this Section 8 may be extended for Tenant Delays and pursuant to Paragraph 34 of the Lease. A more specific schedule for this HVAC work is attached hereto as Schedule 2.
HVAC Work. In addition to the Compliance Work, Landlord shall provide an independent system to provide cooling for the 9th floor of the Building, designed and installed by Landlord at Landlord’s sole cost, and in Landlord’s reasonable discretion (the “9th Floor HVAC System”). The 9th Floor HVAC System shall be designed to provide not less than 1.0 CFM/USF, and shall be stubbed to the Expansion Premises. Tenant shall be responsible, as a part of the Tenant Improvements, for all distribution from the 9th Floor HVAC System through the Premises.
HVAC Work. EXHIBIT B (vi)
HVAC Work. (a) Tenant approves the February 7, 2012 construction proposal, a copy of which is attached to this Amendment as Exhibit 1 (the “Third Floor Proposal”) from Landlord’s property manager to Tenant, including the supplemental HVAC work included therein (the “Third Floor Supplemental HVAC Work”), for the Tenant’s Work to be performed with respect to the third (3rd) floor of the Building at Tenant’s cost, which Third Floor Proposal will be signed and delivered by Tenant simultaneously with the signing of this Amendment.
(b) Pursuant to the work order dated February 29, 2012 (the “Fourth Floor Change Order”), a copy of which is attached to this Amendment as Exhibit 2, Tenant included the HVAC work contemplated thereby (the “Additional Fourth Floor HVAC Work”) in the portion of Tenant’s Work to be performed with respect to the fourth (4th) floor of the Building; provided, however, that Tenant shall only bear Twenty-Seven Thousand Four Hundred Eleven and 50/100 Dollars ($27,411.50) of the cost of the Additional Fourth Floor HVAC Work (i.e., the amount set forth in the Fourth Floor Change Order) and Landlord shall bear the balance of the cost of the Additional Fourth Floor HVAC Work. For the avoidance of doubt, this Amendment constitutes the “Proposed First Amendment” (sometimes referred to as the “First Amendment”) contemplated by that certain letter agreement dated March 2, 2012, between Landlord and Tenant.
HVAC Work. At Closing Purchaser shall receive a credit equal to $1,500,000 for the purpose of performing the remedial work for correcting the HVAC problems at the Asset as described in Section 6.17 above. Purchaser acknowledges and agrees that Seller is not required under this Agreement to perform, and will not perform, any of such remedial work.
HVAC Work. Landlord agrees that it shall rebalance the HVAC units in the Suite 100 Building A Premises and the Suite 150 Building A Premises and perform any repairs as a result of such rebalancing (the “HVAC Work”). The HVAC Work shall be performed during non-business hours and shall be completed no later than August 1, 2015.
HVAC Work. Landlord shall pay for the Construction Costs for the HVAC Work, not to exceed the amount of the HVAC Allowance. Tenant acknowledges and agrees that it shall be responsible for payment of all Construction Costs in excess of the HVAC Allowance for the HVAC Work and shall pay to Landlord within twenty (20) days after request from Landlord the amount of such excess Construction Costs.
HVAC Work. Mechanical Equipment Upgrade
HVAC Work. Notwithstanding anything to the contrary set forth in the Lease, including without limitation the last sentence of Section 3 of the Fifth Amendment, Tenant shall have the right to utilize the HVAC Credit Allowance at any time during the New Term.
