Common use of HVAC Clause in Contracts

HVAC. Landlord shall furnish heating, ventilation and cooling (“HVAC”) to the Premises 24-hours-a-day, 7-days-a-week, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard for a customary density and office layout for the Building or as may be limited or controlled in time or amount by applicable Laws or the Green Standards. HVAC service shall be subject to periodic maintenance, repair or other minor interruptions in service for safety or health reasons. HVAC and lighting shall be provided as part of Operating Costs from 7:00 a.m. until 6:00 p.m., Monday through Friday (excluding holidays regularly observed by comparable office buildings in the market) and on Saturday from 8:00 a.m. to 1:00 p.m. (“Building Hours”). HVAC and lighting will be available outside of Building Hours through the Building’s automated web-based controls system. If Tenant requires HVAC or lighting during hours or on days not included in Building Hours, Tenant may activate such services through the Building’s web-based controls system. If Tenant activates such services Tenant shall pay Landlord its customary hourly charge for providing after-hours services which shall be based on Landlord’s reasonably estimated costs of providing such services including Landlord’s reasonable allocation of the costs for electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such services. Landlord shall invoice Tenant on a monthly basis for the prior month’s consumption and the payment shall be due on the first day of the following month. If Tenant’s layout or particular use of the Premises requires modifications to the Building’s HVAC system provided as part of the Base Building as described in Exhibit C-1, or requires a supplemental HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperature, Tenant shall be responsible for the full cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject to Landlord’s approval and shall be designed and installed by Landlord’s designated contractors. If Tenant installs any equipment in the Premises (including server rooms or data centers) or uses a layout or density that requires additional HVAC above and beyond the level Landlord determines is standard for office users in the Building, Landlord may require Tenant, at Tenant’s own expense, to install supplemental HVAC equipment to service the Premises. Tenant shall operate, maintain, repair and replace when necessary any supplemental HVAC equipment installed in the Building to serve the Premises.

HVAC. Landlord In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, each Building shall furnish heating, ventilation be equipped with a heating and cooling air conditioning (“HVAC”) system serving the applicable Building (the “BB HVAC System”). Subject to the Premises 24-hours-a-daylimitations imposed by all governmental rules, 7-days-a-weekregulations and guidelines applicable thereto, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard for a customary density and office layout for the Building or as may be limited or controlled in time or amount by applicable Laws or the Green Standards. shall provide BB HVAC service shall be subject to periodic maintenance, repair or other minor interruptions in System service for safety or health reasons. HVAC and lighting shall be provided as part normal comfort for normal office use in the Premises, assuming an office occupancy density no greater than one (1) person for any 125 rentable square feet of Operating Costs space, from 7:00 a.m. until 8:00 A.M. to 6:00 p.m., P.M. Monday through Friday (excluding holidays regularly observed by comparable office buildings in the market) and on Saturday from 8:00 a.m. to 1:00 p.m. (“Building Hours”), except for the date of observation of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and, at Landlord’s discretion, other locally or nationally recognized holidays (collectively, the “Holidays”). Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC and lighting will be available outside of Building Hours through the Building’s automated web-based controls systemSystem. If Tenant requires desires to use HVAC or lighting during hours or on days not included in other than Building Hours, Tenant may activate shall give Landlord’s property management office such services through the Building’s web-based controls system. If Tenant activates such services Tenant shall pay Landlord its customary hourly charge for providing after-hours services prior notice (which shall be based on via telephone or an on-line system), if any, as Landlord reasonably shall from time to time establish as appropriate, of Tenant’s desired use of HVAC, and Landlord shall supply such HVAC to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish, provided that such costs shall be Landlord’s reasonably estimated costs good faith estimate of the cost of providing such services including Landlord’s reasonable allocation of the costs service with no markup for electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such services. Landlord shall invoice Tenant on a monthly basis for the prior month’s consumption and the payment shall be due on the first day of the following month. If Tenant’s layout or particular use of the Premises requires modifications to the Building’s HVAC system provided as part of the Base Building as described in Exhibit C-1, or requires a supplemental HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperature, Tenant shall be responsible for the full cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject profit to Landlord’s approval and shall be designed and installed by Landlord’s designated contractors. If Tenant installs any equipment in the Premises (including server rooms or data centers) or uses a layout or density that requires additional HVAC above and beyond the level Landlord determines is standard for office users in the Building, Landlord may require Tenant, at Tenant’s own expense, to install supplemental HVAC equipment to service the Premises. Tenant shall operate, maintain, repair and replace when necessary any supplemental HVAC equipment installed in the Building to serve the Premises.

HVAC. Landlord In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, the Building shall furnish heating, ventilation be equipped with a heating and cooling air conditioning (“HVAC”) to the Premises 24-hours-a-day, 7-days-a-week, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard for a customary density and office layout for system serving the Building or as may be limited or controlled in time or amount (the “BB HVAC System”). Subject to limitations imposed by all governmental rules, regulations and guidelines applicable Laws or thereto, Landlord shall provide BB HVAC System service during the Green Standards“HVAC System Hours” (defined below). Tenant shall have the right to specify the hours of availability of the BB HVAC service shall be subject to periodic maintenance, repair or other minor interruptions in service for safety or health reasons. System (the “HVAC and lighting shall be provided as part of Operating Costs from 7:00 a.m. until 6:00 p.m., Monday through Friday (excluding holidays regularly observed by comparable office buildings in the market) and on Saturday from 8:00 a.m. to 1:00 p.m. (“Building System Hours”). ; provided, however, (i) any initial determination or changes to the HVAC System Hours shall require at least thirty (30) days prior notice to Landlord, and lighting will shall not be available outside of Building Hours through the Building’s automated web-based controls system. If Tenant requires HVAC or lighting during hours or on days not included in Building Hours, Tenant may activate such services through the Building’s web-based controls system. If Tenant activates such services Tenant shall pay Landlord its customary hourly charge for providing after-hours services which shall be based on Landlord’s reasonably estimated costs of providing such services including Landlord’s reasonable allocation of the costs for electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such services. Landlord shall invoice Tenant on a monthly basis for the prior month’s consumption and the payment shall be due on effective until the first day of the following monthsubsequent calendar month occurring after the expiration of the thirty (30) day period, (ii) the HVAC System Hours shall consist of, at a minimum, the hours of 8:00 A.M. to 6:00 P.M. on Monday through Friday, and (iii) the HVAC System Hours shall consist only of consecutive time periods, as determined on a daily basis. Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If the HVAC System Hours consist of more than seventy-five (75) hours per week (“Excess Hours”), then Landlord shall supply such HVAC to Tenant at Landlord’s actual cost (which shall be treated as Additional Rent, but not as an Operating Expense), including the cost of increased depreciation on the BB HVAC System, but excluding the cost of electricity to the extent already paid for directly by Tenant, but including the electrical costs specified as follows. Landlord shall reasonably and equitably allocate the portion of the electrical costs of the BB HVAC System attributable to Tenant’s layout or particular direct use of the Premises requires modifications BB HVAC System for the Excess Hours to Tenant, and Tenant shall pay for the Building’s HVAC system provided costs of such direct use along with the increased depreciation as set forth above, within thirty (30) days after demand, and as Additional Rent under this Lease (and not as part of the Base Building as described in Exhibit C-1, or requires a supplemental Operating Expenses) (the “Extra HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperature, Tenant shall be responsible for the full cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject to Landlord’s approval and shall be designed and installed by Landlord’s designated contractors. If Tenant installs any equipment in the Premises (including server rooms or data centers) or uses a layout or density that requires additional HVAC above and beyond the level Landlord determines is standard for office users in the Building, Landlord may require Tenant, at Tenant’s own expense, to install supplemental HVAC equipment to service the Premises. Tenant shall operate, maintain, repair and replace when necessary any supplemental HVAC equipment installed in the Building to serve the PremisesCosts”).

HVAC. Landlord shall furnish heatingheat, ventilation and cooling air-conditioning (collectively “HVAC”) to the Premises 24-hours-a-dayDemised Premises, 7-days-a-weekas is, in Landlord’s reasonable judgment, necessary for comfortable occupancy of the Demised Premises, Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 2:00 p.m., and excluding Sundays and holidays (meaning New Year’s Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day and Christmas Day). HVAC required by Tenant at other times (“Additional HVAC”) shall be supplied upon reasonable prior notice, and shall be paid for by Tenant, promptly upon billing, at such temperatures and in such amounts rates as are reasonably considered by Landlord shall, from time to time, establish therefore. The cost for Additional HVAC shall be standard for a customary density and office layout Fifty Dollars ($50.00) per hour for the Building or as may be limited or controlled in time or amount by applicable Laws or the Green Standards. HVAC service first hour of use and Twenty Five Dollars ($25.00) per hour for each hour of use thereafter, which costs shall be subject to periodic maintenanceincrease at any time and from time to time based upon increases in Landlord’s costs in providing HVAC. In the event that another tenant(s) of the Building and Tenant share the same HVAC zone, repair or and Tenant and such other minor interruptions in service tenant(s) simultaneously require Additional HVAC, the cost for safety or health reasons. such HVAC and lighting shall be provided as part prorated between Tenant and such other tenant(s). The HVAC system intended to serve the Demised Premises has been designed to be capable of Operating Costs from 7:00 a.m. until 6:00 p.m.achieving the performance standards specified for Standard Tenant Work, Monday through Friday (excluding holidays regularly observed by comparable office buildings and, in the marketevent what such system fails to achieve such standards, Landlord shall, promptly after notice to it of such failure, take such reasonable actions which are within its control to cause such standards to be met; but Landlord shall not be required to take any such actions, and shall not be reasonable for such failure, if such failure results from a cause for which Tenant is responsible under the terms of this Lease, or from the occupancy of the Demised Premises in excess of the density specified for Standard Tenant Work, or if the equipment and appliances operated within the Demised Premises, when combined with all lighting fixtures in the Demised Premises, have an installed electrical load in excess of five (5) and on Saturday from 8:00 a.m. to 1:00 p.m. (“Building Hours”)wxxxx per rentable square foot. HVAC and lighting will be available outside of Building Hours through Notwithstanding the Buildingforegoing, in the event that Tenant’s automated web-based controls system. If Construction Documents indicate that Tenant requires HVAC or lighting during hours or an installed electrical load in excess of five (5) wxxxx per rentable square foot (such as in connection with Tenant’s installation of Tenant’s Air Conditioning Unit (hereinafter defined), Landlord will make available to Tenant the electric power necessary to provide for an installed electrical load up to six (6) wxxxx per rentable square foot at the electrical panel on days not included in Building Hours, Tenant may activate such services through the Building’s web-based controls system. If Tenant activates such services Tenant shall pay Landlord its customary hourly charge for providing after-hours services which floor of the Demised Premises and no connection fee shall be based on Landlord’s reasonably estimated costs charged to Tenant for such additional capacity. The furnishing of providing such HVAC System services including Landlord’s reasonable allocation of the costs for electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such services. Landlord shall invoice Tenant on a monthly basis for the prior month’s consumption and the payment shall be due on the first day of the following month. If Tenant’s layout or particular use of the Premises requires modifications to the Building’s HVAC system provided as part of the Base Building as described in Exhibit C-1, or requires a supplemental HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperature, Tenant shall be responsible for the full cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization with which Landlord shall be required, or in good faith may elect to, abide. Tenant agrees to comply with such rules and regulations respecting the use of the HVAC system as Landlord may from time to time establish. After Landlord has completed the Tenant Work, upon Landlord’s approval and shall be designed and installed by Landlordprior written consent, Tenant may install a self-contained package air conditioning unit (Tenant’s designated contractors. If Tenant installs any equipment in the Premises Air Conditioning Unit”) for twenty-four (including server rooms or data centers24) or uses a layout or density that requires additional HVAC above and beyond the level Landlord determines is standard for office users in the Building, Landlord may require Tenant, hour use at Tenant’s own sole cost and expense, (including costs related to install supplemental HVAC equipment to service equipment, installation and maintenance of the Premises. Tenant shall operateunit, maintain, repair liability and replace when necessary any supplemental HVAC equipment installed in the Building to serve the Premisesconsumption of electricity).

HVAC. Subject to limitations imposed by Applicable Laws, Landlord shall furnish provide heating, ventilation and cooling air conditioning (“HVAC”) to in a manner consistent with the Class A Standard, when necessary for normal comfort for normal office use in the Premises 24-hours-a-day, 7-days-a-week, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard for a customary density and office layout for the Building or as may be limited or controlled in time or amount by applicable Laws or the Green Standards. HVAC service shall be subject to periodic maintenance, repair or other minor interruptions in service for safety or health reasons. HVAC and lighting shall be provided as part of Operating Costs from 7:00 a.m. until A.M. to 6:00 p.m., P.M. Monday through Friday (excluding holidays regularly observed by comparable office buildings in the market) and on Saturday Saturdays from 8:00 a.m. A.M. to 1:00 p.m. P.M. (collectively, the “Building Hours”). HVAC and lighting will be available outside , except for the date of Building Hours through observation of New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and, at Landlord’s discretion, other nationally recognized holidays (collectively, the Building’s automated web-based controls system“Holidays”). If Tenant requires desires to use HVAC or lighting during hours or on days not included in other than Building Hours, Tenant may activate shall give Landlord such services through prior notice, if any, as Landlord shall from time to time reasonably establish consistent with the BuildingClass A Standard as appropriate, of Tenant’s web-based controls system. If desired use in order to supply such HVAC, and Landlord shall supply such utilities to Tenant activates such services Tenant shall pay Landlord its customary hourly charge for providing at the Actual Cost, as that term is defined, below; provided, however, the first fifteen (15) hours per week, as determined on a per zone basis within the entire Premises, of after-hours services which HVAC shall be based on Landlord’s reasonably estimated costs provided to Tenant without charge. For purposes of providing such services including Landlord’s reasonable allocation of this Lease, “Actual Cost” shall mean the costs for electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such services. actual cost incurred by Landlord shall invoice Tenant on a monthly basis for the prior month’s consumption and the payment shall be due on the first day of the following month. If Tenant’s layout or particular use of the Premises requires modifications (to the Building’s HVAC system provided extent not duplicative of costs included in Operating Expenses), as part of the Base Building as described in Exhibit C-1reasonably determined by Landlord including reasonable depreciation and actual, out-of-pocket, incremental administration costs, but without charge for overhead or requires a supplemental HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperature, Tenant shall be responsible for the full cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject to Landlord’s approval and shall be designed and installed by Landlord’s designated contractors. If Tenant installs any equipment in the Premises (including server rooms or data centers) or uses a layout or density that requires additional HVAC above and beyond the level Landlord determines is standard for office users in the Building, Landlord may require Tenant, at Tenant’s own expense, to install supplemental HVAC equipment to service the Premises. Tenant shall operate, maintain, repair and replace when necessary any supplemental HVAC equipment installed in the Building to serve the Premisesprofit.

HVAC. Landlord shall furnish heating, ventilation central heating and cooling air conditioning (“"HVAC”") to in season on business days during hours designated by Landlord (the Premises 24-hours-a-day, 7-days-a-week, "Regular Building Hours") and at such temperatures and in such amounts as are reasonably considered by Landlord, in Landlord's sole discretion, to be Building Standard or in compliance with governmental regulations. Any request for HVAC service at times other than the Regular Building Hours may be furnished, at Landlord's election, upon not less than twenty-four (24) hours' advance notice from Tenant who shall bear the entire cost thereof at the rate established by Landlord. In its sole discretion, Landlord may provide additional services not enumerated herein. Failure by Landlord to any extent to provide HVAC services or any other services not enumerated, or any cessation thereof, shall not render Landlord liable in any respect of damages to either person or property, be standard construed as an eviction of Tenant, work an abatement of Rents or relieve Tenant from fulfilling any covenant in this Lease. If any of the equipment or machinery useful or necessary for a customary density provision of utility services or HVAC services, and office layout for which Landlord is responsible, breaks down, or for any reason ceases to function properly, Landlord shall use reasonable diligence to repair the Building same promptly, but Tenant shall have no claim for rebate of Rents or as may be limited or controlled in time or amount by applicable Laws or the Green Standards. HVAC service shall be subject to periodic maintenance, repair or other minor interruptions for damages on account of any interruption in service for safety or health reasonsoccasioned thereby. HVAC and lighting shall be provided as part of Operating Costs Landlord reserves the right from 7:00 a.m. until 6:00 p.m., Monday through Friday (excluding holidays regularly observed by comparable office buildings time to time to make changes in the market) utilities and on Saturday from 8:00 a.m. services provided by Landlord to 1:00 p.m. (“Building Hours”). HVAC and lighting will be available outside of Building Hours through the Building’s automated web-based controls system. If Tenant requires any non-Building Standard HVAC services, such as specialty air conditioning systems for special equipment requiring special cooling or lighting during hours or on days not included in Building Hours, Tenant may activate such services through the Building’s web-based controls system. If Tenant activates such services Tenant shall pay Landlord its customary hourly charge for providing after-hours services which shall be based on Landlord’s reasonably estimated costs of providing such services including Landlord’s reasonable allocation of the costs for electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such services. Landlord shall invoice Tenant on a monthly basis for the prior month’s consumption and the payment shall be due on the first day of the following month. If Tenant’s layout or particular use of the Premises requires modifications to the Building’s HVAC system provided as part of the Base Building as described in Exhibit C-1, or requires a supplemental HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperatureheating, Tenant shall be responsible responsible, subject to the prior written approval of Landlord, for the full entire cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject to Landlord’s approval and shall be designed and installed by Landlord’s designated contractors. If Tenant installs any equipment in the Premises (including server rooms or data centers) or uses a layout or density that requires additional HVAC above and beyond the level Landlord determines is standard for office users in the Buildinginstallation, Landlord may require Tenant, at Tenant’s own expense, to install supplemental HVAC equipment to service the Premises. Tenant shall operate, maintainmaintenance, repair and replace when necessary any supplemental HVAC equipment installed in the operation of such non-Building to serve the PremisesStandard service.

HVAC. (a) Subject to Section 10.7 hereof, Tenant shall furnish air conditioning, ventilation and heat (i) to the common areas of the Building, including without limitation the Building lobby to the extent that such areas would customarily be provided with such services and (ii) to the Landlord Space, during the hours between 8:00 A.M. and 6:00 P.M. on Business Days (herein referred to as "Business Hours"), subject to all Legal Requirements and in accordance with the Drawings and Specifications for HVAC, which are attached hereto as Schedule Q. (b) Landlord agrees to keep and cause to be kept closed all the windows in the Landlord Space at all times, and Landlord agrees to cooperate fully with Tenant and to abide by all the regulations and requirements which Tenant may reasonably adopt for the proper functioning and protection of the Building Systems. (c) If Landlord shall request any of the services required to be provided by Tenant to the Landlord Space (other than any mechanical space) pursuant to this Section 34.3 on one or more floors of the Landlord Space outside of Business Hours, Tenant shall furnish the same to the floor or floors in question upon advance notice from Landlord, given prior to 3:00 P.M. on the day, Monday through Friday, on which such service is required, and given prior to 3:00 P.M. on the Friday before any Saturday or Sunday or on the last Business Day (but excluding Saturday) before any legal holiday on which service is required. Landlord, in lieu of providing daily requests for overtime or above-standard service, may, at its option and from time to time, furnish Tenant with a standing order, which order shall stay in effect until Landlord notifies Tenant in writing of any change to or revocation of such standing order, which notice of change or revocation must be given to Tenant prior to the required times provided in the preceding sentence of this Section 34.3(c). Notwithstanding anything to the contrary contained in this Section 34.3(c), to the extent any Landlord daily notice has not been given prior to the requisite times provided in this Section 34.3(c), Tenant shall, nevertheless, use its reasonable efforts to provide such service as timely as reasonably practical. (d) Landlord shall sign such service order forms or vouchers as Tenant shall require to monitor the request or xxxx for such services. (e) If the heating, ventilating or conditioned air being delivered by Tenant to the Landlord Space (other than any mechanical space) is capable of meeting the design conditions required under this Section 34.3, but the temperature, humidity, and/or supply air in the Landlord Space (other than any mechanical space) does not meet such design conditions because (x) the design or configuration of the heating, ventilation and cooling air-conditioning system designed to service the Landlord Space was not adequately designed or configured, or (“HVAC”y) any arrangement of the Landlord's partitioning or raised flooring interferes with the proper and efficient operation of the aforesaid heating, ventilation and air conditioning system, then Tenant shall not be responsible for deficiencies in meeting such design conditions or performance criteria. (f) Landlord shall be entitled to 175 tons of condenser water in the Premises 24-hours-a-day, 7-days-a-week, at Building and Tenant agrees to reserve such temperatures and in such amounts as are reasonably considered by Landlord to be standard for a customary density and office layout amount for the Building or as may be limited or controlled in time or amount by applicable Laws or operation of Landlord's supplemental air conditioning units servicing the Green Standards. HVAC service shall be subject to periodic maintenance, repair or other minor interruptions in service for safety or health reasons. HVAC and lighting shall be provided as part of Operating Costs from 7:00 a.m. until 6:00 p.m., Monday through Friday (excluding holidays regularly observed by comparable office buildings in the market) and on Saturday from 8:00 a.m. to 1:00 p.m. (“Building Hours”). HVAC and lighting will be available outside of Building Hours through the Building’s automated web-based controls system. If Tenant requires HVAC or lighting during hours or on days not included in Building Hours, Tenant may activate such services through the Building’s web-based controls system. If Tenant activates such services Tenant shall pay Landlord its customary hourly charge for providing after-hours services which shall be based on Landlord’s reasonably estimated costs of providing such services including Landlord’s reasonable allocation of the costs for electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such servicesSpace. Landlord shall invoice Tenant on a monthly basis pay Tenant's Expenses for the prior month’s consumption and the payment shall be due on the first day amount of the following month. If Tenant’s layout condenser water reserved, whether or particular use of the Premises requires modifications to the Building’s HVAC system provided as part of the Base Building as described in Exhibit C-1, or requires a supplemental HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperature, Tenant shall be responsible for the full cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject to Landlord’s approval and shall be designed and installed by Landlord’s designated contractors. If Tenant installs any equipment in the Premises (including server rooms or data centers) or uses a layout or density that requires additional HVAC above and beyond the level Landlord determines is standard for office users in the Building, Landlord may require Tenant, at Tenant’s own expense, to install supplemental HVAC equipment to service the Premises. Tenant shall operate, maintain, repair and replace when necessary any supplemental HVAC equipment installed in the Building to serve the Premisesnot actually used.

HVAC. Landlord shall furnish heating, ventilation and cooling air conditioning (“HVAC”) to in amounts required for the use and occupancy of the Premises 24-hours-a-day, 7-days-a-week, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard for a customary density and normal office layout purposes. The HVAC system for the Building or as may be limited or controlled in time or amount by applicable Laws or the Green Standards. HVAC service shall be subject to periodic maintenance, repair or other minor interruptions in service for safety or health reasons. HVAC and lighting shall be provided as part of Operating Costs from 7:00 a.m. until 6:00 p.m., Monday through Friday (excluding holidays regularly observed by comparable office buildings in the market) and on Saturday from 8:00 a.m. to 1:00 p.m. (“Building Hours”). HVAC and lighting will be available outside of Building Hours through the Building’s automated web-based controls system. If Tenant requires HVAC or lighting during hours or on days not included in Building Hours, Tenant may activate such services through the Building’s web-based controls system. If Tenant activates such services Tenant shall pay Landlord its customary hourly charge for providing after-hours services which shall be based on Landlord’s reasonably estimated costs of providing such services including Landlord’s reasonable allocation of the costs for electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such services. Landlord shall invoice Tenant on a monthly basis for the prior month’s consumption and the payment shall be due on the first day of the following month. If Tenant’s layout or particular use of the Premises requires modifications to the Building’s HVAC system provided as part of the Base Building as described in Exhibit C-1, or requires a supplemental HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperature, Tenant shall be responsible for the full cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject to Landlord’s approval and shall be designed and installed by in accordance with the Base Building Plans and Specifications set forth in Exhibit “D” hereto. Tenant shall not, without Landlord’s designated contractors. If Tenant installs prior written consent, use any equipment or lighting or occupy the Premises with personnel so that heat generated by such use or occupancy affects the ambient temperature otherwise maintained in the Premises (including server rooms by the HVAC system under normal operation. In the event such use or data centers) or uses a layout or density that requires additional HVAC above and beyond occupancy affects the level Landlord determines is standard for office users in the Buildingambient temperature, Landlord may require Tenant, at Tenant’s own expense, shall have the right to install supplemental any machinery or equipment which Landlord reasonably deems necessary to restore temperature balance, including without limitation, modifications to the standard air conditioning equipment, and the cost thereof including the cost of installation and any additional cost of operation and maintenance incurred thereby, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord makes no representation with respect to the adequacy or fitness of the HVAC equipment to service the Premises. Tenant shall operate, maintain, repair and replace when necessary any supplemental HVAC equipment installed in the Building to serve maintain temperatures that may be required for, or because of, any equipment of Tenant, and Landlord shall have no liability for loss or damage in connection therewith. Landlord shall also provide HVAC services during other than Normal Working Hours (“After Hours HVAC”), subject to the Premisesfollowing terms and conditions: (1) Landlord shall provide the After Hours HVAC pursuant to any automated system installed for the Building in accordance with Exhibit “D” hereto, or, if no such automated system is installed, in the event Tenant gives Landlord advance notice of its need for such service no later than 5:00 p.m. on Monday through Friday (except holidays referred to above) that Tenant requires the services, and upon at least two (2) hours advance notice on weekends or holidays that Tenant requires the service. (2) Landlord will provide the After Hours HVAC at the “Actual Cost,” defined in Section 7.2 below. The foregoing direct charges shall be payable by Tenant as Additional Rent on the next rent payment date at least fifteen (15) days following submission of a reasonably detailed invoice therefor by Landlord.

HVAC. Landlord shall furnish heatingHeating, ventilation and cooling (“HVAC”) appropriate to the season and sufficient for normal use and comfortable occupancy of the Premises 24-hours-a-day, 7-days-a-week, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard for a customary density and office layout for the Building or as may be limited or controlled in time or amount by compliance with applicable Laws or the Green Standards. HVAC service shall be subject to periodic maintenance, repair or other minor interruptions in service for safety or health reasons. HVAC and lighting shall be provided as part of Operating Costs from 7:00 a.m. until 6:00 p.m.Laws, Monday through Friday during Business Hours and, by request given to Landlord not less than 24 hours prior to the requested service, on Saturday during Business Hours. To the extent the same can be accommodated by the Building Systems, and upon twenty-four (excluding holidays regularly observed by comparable office buildings in 24) hours’ prior request, Landlord shall provide Building HVAC to the marketPremises during non-Business Hours, for which Tenant shall pay to Landlord, as Additional Rent, within thirty (30) days of receiving Landlord’s invoice with a reasonably detailed cost breakdown, a Building-standard hourly service charge that, as of the Effective Date, is Sixty Dollars ($60.00) per hour (or portion thereof) and on Saturday which may be adjusted by Landlord from 8:00 a.m. time to 1:00 p.m. (“Building Hours”). HVAC and lighting will be available outside of Building Hours through the Building’s automated web-based controls systemtime. If Tenant requires shall occupy a partial floor, the full floor charge shall apply if Tenant is the only tenant on such floor requesting the utilization of the Building HVAC at that time, but, at any time that two or lighting during hours or more tenants on days not included in the same floor shall request the utilization of Building HVAC for the same non-Business Hours, the full floor charge shall be divided proportionately among them. Such charge shall constitute a direct charge to Tenant may activate such services through the Building’s web-based controls systemand not an Expense. If Tenant activates such services Tenant shall fails to pay Landlord its customary hourly charge when due any charges for providing afternon-hours services which shall be based on Landlord’s reasonably estimated costs of providing such services including Landlord’s reasonable allocation of the costs for electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such services. Landlord shall invoice Tenant on a monthly basis for the prior month’s consumption and the payment shall be due on the first day of the following month. If Tenant’s layout or particular use of the Premises requires modifications to the Building’s Business Hours HVAC system provided as part of the Base Building as described in Exhibit C-1, or requires a supplemental HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperature, Tenant shall be responsible for the full cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject to Landlord’s approval and shall be designed and installed by Landlord’s designated contractors. If Tenant installs any equipment in the Premises (including server rooms or data centers) or uses a layout or density that requires additional HVAC above and beyond the level Landlord determines is standard for office users in the Buildingservice, Landlord may require cease providing such service to Tenant. In order to conserve resources and assist Landlord in operating the Building in an efficient manner, Tenant agrees that it will cause the HVAC plans for any tenant improvement work to be prepared in a manner that provides for separately zoned HVAC areas within portions of each floor comprising the Premises so that, by means of an override switch or other form of control, Tenant can limit full HVAC service to such zones within the Premises that are actually occupied by Tenant, at Tenant’s own expenseits staff, to install supplemental HVAC equipment to service the Premisesemployees, invitees and agents. Tenant shall operate, maintain, repair agrees at all times to cooperate fully with Landlord and replace when necessary any supplemental to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the HVAC equipment installed in the Building to serve the Premisessystems.