HVAC. If Subtenant desires to utilize HVAC outside of the standard HVAC hours described in the Master Lease, Subtenant shall notify Landlord directly of such request in accordance with the terms and provisions of the Master Lease. Subtenant shall pay for such after-hours HVAC service at the rate that Landlord charges for such service in accordance with the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-hours HVAC services. If Master Landlord bills Subtenant directly for such after‑hours HVAC, Subtenant shall pay such bill to Master Landlord in accordance with the terms and provisions of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable to the Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit.
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HVAC. If Subtenant desires to utilize HVAC outside Landlord shall furnish heating, ventilation and air conditioning (“HVAC”) in amounts required for the use and occupancy of the standard HVAC hours described Premises for normal office purposes. Tenant shall not, without Landlord’s prior written consent, use any equipment or lighting or occupy the Premises with personnel so that heat generated by such use or occupancy materially and adversely affects the ambient temperature otherwise maintained in the Master LeasePremises by the HVAC system under normal operation. In the event such use or occupancy affects the ambient temperature, Subtenant shall notify Landlord directly , after notice to Tenant and after Tenant has had a reasonable opportunity to modify the conditions of such request usage or occupancy to mitigate such effect on the ambient temperature, Landlord shall have the right to install 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 Actual Cost (as defined below) thereof including the Actual 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 in accordance with the Building to maintain temperatures which 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 following terms and provisions conditions:
(1) Landlord shall provide the After Hours HVAC in the event Tenant gives Landlord advance notice of the Master Lease. Subtenant shall pay for such after-hours HVAC service at the rate that Landlord charges its need for such service in accordance with no later than 3:00 p.m. on Monday through Friday (except holidays referred to above) that Tenant requires the Master Leaseservices, and no later than 3:00 p.m. on the last business day preceding the weekend or holiday that Tenant requires the service. Sublandlord will endeavor In addition and notwithstanding the foregoing, Tenant may contact the Building manager or on-site Building engineer at any reasonable time to establish a direct billing relationship between order After Hours HVAC, and Landlord and Subtenant with respect shall, to after-hours the extent reasonably practicable, provide After Hours HVAC servicesservice as requested by Tenant, even if Tenant failed to give notice within the time periods specified above. If Master After Hours HVAC is designed to be available under an automated system on demand from Tenant, Tenant shall be entitled to such service.
(2) Landlord bills Subtenant directly for such after‑hours HVAC, Subtenant shall pay such bill to Master Landlord in accordance with will provide the terms and provisions of After Hours HVAC at the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable to the Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as “Actual Cost,” defined below. For informational purposes, There shall be no start-up charges and minimum usage for After-Hours HVAC service after the current OMM_US:76369748.8 charge imposed first hour. Landlord shall give Tenant not less than twenty (20) days prior notice of any change in the Actual Cost of After Hours HVAC. The foregoing direct charges shall be payable by Landlord for condensed water Tenant as Additional Rent on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the next rent payment date at least fifteen (15) days following supplemental HVAC units: (i) two (2) conference rooms on the east side submission of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. reasonably detailed invoice therefor by Landlord.
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HVAC. (a) Landlord shall select the company or companies providing such utility and other services described in this subsection. HVAC will be provided in a manner consistent with class A office buildings in Jersey City, New Jersey, during Building Standard Hours specified in Section 5.4 of this Lease. Base building HVAC shall be capable of meeting ASHRAE standards of normal office use. If Subtenant Tenant desires HVAC service other than during Building Standard Hours (“Overtime HVAC”), Tenant shall make advance arrangements with Landlord and Overtime HVAC shall be provided by Landlord to utilize HVAC outside Tenant, provided that Tenant shall pay for its use of the Overtime HVAC as additional rent, at a rate of One Hundred Twenty-Five Dollars ($125.00) per hour, subject to Building standard HVAC hours described in increases at Landlord’s discretion.
(b) Heat shall be supplied by electric base board, controlled by the Master LeaseBuilding Management System (“BMS”), Subtenant shall notify Landlord directly of such request in accordance with the terms continuously calculating outside and provisions inside air temperatures. Each floor of the Master LeaseBuilding shall have an air-conditioning unit with a capacity of 60-85 tons and a variable air volume box distribution system, with a total capacity of 4,500 tons for the Building.
(c) At Tenant’s prior written request, Landlord shall provide continuous condenser water to Tenant for Tenant’s additional cooling. Subtenant If Landlord provides condenser water to Tenant pursuant to the preceding sentence, then commencing on the date Landlord commences providing such condenser water to Tenant, Tenant shall pay for such after-hours HVAC service condenser water, as additional rent, at a rate of Six Hundred Dollars ($600.00) per ton per year at the rate that Landlord charges for such service in accordance with full capacity of condenser water, subject to annual Building standard increases at Landlord’s discretion (the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-hours HVAC services“Annual Water Charge”). If Master Landlord bills Subtenant directly for such after‑hours HVACdetermines, Subtenant shall pay such bill to Master Landlord in accordance with the terms and provisions its reasonable discretion, that Tenant does not actually utilize all of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable capacity reserved for Tenant’s use in the Premises during the first (1st) Lease Year, then Landlord may, in Landlord’s discretion, upon prior written notice to Tenant given within ninety (90) days after the end of the first (1st) Lease Year, decrease Tenant’s capacity to the Subleased number of tons of condenser water then actually used by Tenant, in which event the Annual Water Charge shall be prorated accordingly. The Annual Water Charge may be increased annually in proportion to Landlord’s increased cost to furnish such additional condenser water to the Premises. Landlord shall notify Tenant of any increase in the Annual Water Charge which notice may be effected by means of an invoice, it being understood that any such notification may be retroactive to the date of the increase in Landlord’s cost to furnish condenser water to the Premises, including any amounts associated with supplemental HVAC units that service and Tenant shall commence paying such increase in the Subleased Premises , Annual Water Charge within thirty (30) days after receipt of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with notice from Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. .
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Samples: Lease (Kitara Media Corp.)
HVAC. If Subtenant desires Heating and cooling appropriate to utilize HVAC outside the season and sufficient for normal use and occupancy of the standard Premises during Business Hours. Landlord will be responsible at all times to provide HVAC hours described in to the Master Lease, Subtenant Premises that meets all current appropriate ASHRAE specifications. The HVAC system shall notify Landlord directly maintain an average inside temperature of such request 74 degrees +/-2 degrees during summer outdoor temperatures of 90 degrees F.D.B. and 70 degrees F.W.B. and 68 degrees F.D.B. at winter outside temperatures of 14 degrees F.D.B. and in accordance with an occupancy of one person per 200 square feet (average per floor) and an electrical load of 5 xxxxx per square foot (lighting and power). These temperatures are subject to the terms conditions and provisions requirements of State and Federal Energy Regulating Bodies for non-residential buildings. To the extent the same can be accommodated by the Building Systems, and upon three (3) hours’ prior request during Business Hours and six (6) hours’ prior request during non-Business Hours, Landlord shall provide Building HVAC to the Premises during non-Business Hours, for which Tenant shall pay to Landlord, as Additional Rent, an hourly service charge that, as of the Master Lease. Subtenant Effective Date, is One Hundred Twenty Dollars ($120.00) per hour (or portion thereof) and which may be adjusted by Landlord from time to time, provided that such charge shall pay for not increase unless Landlord’s actual costs incurred in providing such after-hours HVAC service services increase, and then only to the extent of the increase in costs actually incurred by Landlord. If Tenant shall occupy a partial floor, the full floor charge stated above 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 more tenants on the rate that Landlord 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 based on square footage. Such charge shall constitute a direct charge to Tenant and not an Expense. If Tenant fails to pay when due any charges for non-Business Hours HVAC service, Landlord may cease providing such service to Tenant. In order to conserve resources and assist Landlord in accordance operating the Building in an efficient manner, Tenant agrees that it will cause the HVAC plans for the 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, its staff, employees, invitees and agents. Tenant agrees at all times to cooperate fully with the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-hours HVAC services. If Master abide by all the reasonable regulations and requirements which Landlord bills Subtenant directly may prescribe for such after‑hours HVAC, Subtenant shall pay such bill to Master Landlord in accordance with the terms proper functioning and provisions protection of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable to the Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. systems.
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HVAC. If Subtenant desires Landlord, at Landlord's expense (but subject to utilize HVAC outside recoupment pursuant to Article 2 hereof), shall furnish to the perimeter of the standard Premises through the HVAC hours described in System, when required for the Master Leasecomfortable occupancy of the Premises, Subtenant shall notify Landlord directly of such request HVAC in accordance with the terms specifications set forth in Exhibit "B" attached hereto and provisions made a part hereof, on a year round basis from 8:00 a.m. to 6:00 p.m. on Business Days. Tenant shall draw and close the draperies or blinds for the windows of the Master Lease. Subtenant shall pay for such after-hours Premises whenever the HVAC service at System is in operation and the rate that Landlord charges for such service in accordance with the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-hours HVAC services. If Master Landlord bills Subtenant directly for such after‑hours HVAC, Subtenant shall pay such bill to Master Landlord in accordance with the terms and provisions position of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable to the Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoicesun so requires. If Landlord invoices Subtenant directly furnishes HVAC to the Premises at the request of Tenant at times other than 8:00 a.m. to 6:00 p.m. on Business Days, (any such times other than during such hours on Business Days being referred to herein as "Overtime Periods"), then, subject to the last sentence of this Section 24.3, Tenant shall pay to Landlord additional rent for such condenser water usage, Subtenant services initially at a flat rate of $15.00 per hour (which rate shall pay such invoiced amount directly be subject to Landlord in accordance with Landlord’s requirementscommercially reasonable increase from time to time). Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side amount of money collected from any tenants of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on Building for such Overtime Periods that exceeds the north side actual cost of providing HVAC during said periods will be applied to reduce the Building's common area electricity charges included in Operating Expenses. Landlord shall not be required to furnish any such services during any Overtime Periods unless Landlord has received advance notice from Tenant requesting HVAC services prior to 2:00 p.m. of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side day upon which such services are requested or by 2:00 p.m. of the Subleased Premises with last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day. Notwithstanding the foregoing, provided no Event of Default has occurred and is continuing, and Tenant remains in occupancy of at least 47,544 square feet of rentable area in the Building, Landlord shall not charge Tenant such hourly rate HVAC charges for the first one hundred twenty-five (5125) ton unit. hours per year during the Term that Tenant uses HVAC during Overtime Periods (such 125 hour allowance to be appropriately prorated for any partial years during the Term).
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HVAC. If Subtenant desires The Building is equipped with a heating and air conditioning ("HVAC") system serving the Building (the "BB HVAC System"). Subject to utilize limitations imposed by all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC outside System service during the "HVAC System Hours" (defined below). Tenant shall have the right to specify the hours of availability of the standard BB HVAC hours described in System (the Master Lease"HVAC System Hours"); provided, Subtenant however, (i) any initial determination or changes to the HVAC System Hours shall notify Landlord directly of such request in accordance with require at least thirty (30) days prior notice to Landlord, and shall not be effective until the terms and provisions first day of the Master Leasesubsequent 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. Subtenant 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 sixty (60) 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 direct use of the BB HVAC System for the Excess Hours to Tenant, and Tenant shall pay for the costs of such after-hours HVAC service at the rate that Landlord charges for such service in accordance direct use along with the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-hours HVAC services. If Master Landlord bills Subtenant directly for such after‑hours HVAC, Subtenant shall pay such bill to Master Landlord in accordance with the terms and provisions of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable to the Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises increased depreciation as set forth above, within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usageafter demand, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute and as Additional Rent under this Lease (and not as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side part of the Subleased Premsies with a three Operating Expenses) (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. "Extra HVAC Costs").
Appears in 1 contract
Samples: Sublease (Okta, Inc.)
HVAC. If Subtenant desires Heating, ventilation and air conditioning (“HVAC”) during Building Hours (i.e., 8:00 a.m. to utilize HVAC outside 6:00 p.m., Monday through Friday, holidays excepted), at such temperatures and in such amounts as is required for the comfortable occupancy and operation of the standard Subleased Premises as office space, as reasonably determined by Sublandlord, provided that the occupancy level of the Subleased Premises does not exceed the occupancy density which the Building’s HVAC hours described in the Master Leasesystem was designed to serve (i.e., approximately five (5) persons per 1,000 rentable square feet). Subtenant shall notify Landlord directly of such request in accordance with have the terms and provisions of right to receive HVAC service during hours other than Building Hours using Sublandlord’s “after-hours” access card system. Subtenant shall have the Master Leaseright to receive HVAC service during hours other than Building Hours using Sublandlord’s “after-hours” access card system. Subtenant shall pay Sublandlord the standard charge established from time to time by Sublandlord for such the additional service, which charge Subtenant acknowledges for after-hours HVAC service at is currently $89.60 per floor (or partial floor) per hour as of the rate date of this Sublease, and which cost may be increased to the extent that Landlord charges Sublandlord’s actual cost (hereinafter defined) of providing such “after hours” HVAC increases from time to time. The minimum time period for such service in accordance with the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-after hours HVAC services. If Master Landlord bills Subtenant directly for such after‑hours HVAC, Subtenant usage shall pay such bill to Master Landlord in accordance with the terms and provisions of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable to the Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side of the Subleased Premsies with a three (3) ton unit each, (ii) be one (1) conference room on hour. For purpose of this Section 6.1(b), “actual cost” shall mean the north side actual cost incurred by Sublandlord, as reasonably determined by Sublandlord, inclusive of a reasonable allocation for wear and tear, depreciation, provided that, notwithstanding the Subleased Premisies with foregoing, any amount actually charged by any unrelated third party to Sublandlord for the supply of HVAC shall be deemed Sublandlord’s “actual cost”. When determining the actual cost of Subtenant’s utility usage pursuant to the terms of this Section 6.1(b), Sublandlord agrees that it shall use the monthly average rate paid by Sublandlord for a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. particular utility;
Appears in 1 contract
Samples: Sublease (NeurogesX Inc)
HVAC. If Subtenant desires Furnish heat, ventilation and air conditioning to utilize HVAC outside the Premises, Monday through Friday from 8:00 AM to 6:00 PM, holidays excepted; holidays, as such term is used in this Lease, shall mean days observed as holidays by the United States government, the Commonwealth of Pennsylvania, the County of Xxxxxxx or the Township of Tredyffrin, as well as days declared as holidays in any union contract affecting the operations of the standard HVAC hours described Building; heat, ventilation and air conditioning required by Tenant at other times shall be supplied without additional charge, upon demand either through controls installed in the Master LeasePremises or access to Landlord’s building management system, Subtenant it being understood that the heating, ventilating and air conditioning system serving the Premises shall notify be available to Tenant on a 24 hour per day, 7 day per week basis, without charge other than Tenant Energy Costs. The heating, ventilating, and air conditioning shall provide reasonably comfortable conditions, provided that in any given room or area of Tenant’s demised premises, the occupancy does not exceed one person for each 150 square feet, and total electric load does not exceed 5 xxxxx per sq. ft. (plus supplemental power added by Tenant, if required) for all purposes, including lighting and power; Landlord directly shall not be responsible for the failure of the air conditioning system to meet the foregoing design performance specifications if such request in accordance failure results from excess occupancy of the Premises or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the terms load of all lighting fixtures, exceeds 5 xxxxx per sq. ft.; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess, (without markup) as reasonably determined by Landlord; if due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the heating, ventilating or air conditioning in the Premises results, necessitating changes in the system servicing the Premises, such changes may be made by Landlord upon request by Tenant at Tenant’s sole cost and expense, subject to the provisions of the Master Leasesection (b) of this Article 16. Subtenant shall pay for such after-hours HVAC service Tenant agrees at the rate that Landlord charges for such service in accordance all times to cooperate fully with the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-hours HVAC services. If Master abide by all of the regulations and requirements which Landlord bills Subtenant directly may reasonably prescribe for such after‑hours HVACthe proper functioning and protection of the said heating, Subtenant ventilating and air conditioning system; the foregoing heating, ventilating and air conditioning services shall pay such bill be subject to Master any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization and which Landlord in accordance with good faith may elect to abide by or shall be required to abide by. On the terms Commencement Date, Landlord shall deliver all heat pumps and provisions HVAC units (the “HVAC Equipment”) servicing the Premises in good working order and condition. Notwithstanding the foregoing or anything to the contrary contained herein, Tenant shall be solely responsible at its sole cost and expense, for the maintenance and repair of the Master LeaseHVAC Equipment and any supplemental heat, ventilation and air conditioning unit in the Premises whether installed by Tenant or in the Premises on the Commencement Date. As a matter The cost of information, Building replacement of any HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant Equipment shall reimburse Sublandlord for all actual condenser water charges attributable to the Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed be paid by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) without pass through to Tenant as an IT room on the north side of the Subleased Premises with a five (5) ton unit. Operating Expense;
Appears in 1 contract
Samples: Lease Agreement (Trevena Inc)
HVAC. If Subtenant desires to utilize HVAC outside of From and after the standard HVAC hours described in the Master LeaseCommencement Date, Subtenant shall notify Landlord directly of such request in accordance with standards appropriate for a first-class office building, furnish heat, ventilation and air-conditioning to the terms Premises during Normal Business Hours, as defined in the following paragraph, subject to the following: (A) Heating and/or air-conditioning supplied to Tenant during times other than Normal Business Hours (“Off-Hours HVAC”) required by Tenant shall be supplied upon reasonable prior notice, and provisions shall be paid for by Tenant as Additional Rent within 30 days after Xxxxxx’s receipt of the Master Lease. Subtenant shall pay for such after-hours HVAC service each bill therefore at the rate equal to Landlord’s actual incremental cost thereof (not including any amount for any increased wear and tear, and taking into accounting other simultaneous users of Off-Hours HVAC and the amounts required to be paid by them therefore, which amounts shall never be less, on a cost per hour of use basis, for any tenant in the Building than that charged to Tenant); (B) Landlord charges shall not be responsible for the failure of the heating or air-conditioning system to meet the aforesaid standards if such service failure results from occupancy of the Premises by more than an average of one person for each 209 square feet of rentable space or if Tenant uses equipment and the combined electrical load of Tenant’s equipment and Tenant’s lighting fixtures exceeds 6 xxxxx per square foot of floor area in accordance any one room or area; (C) In addition, if the Premises are used in a manner exceeding the aforementioned occupancy or electric load criteria, Tenant shall pay to Landlord as Additional Rent, within 15 days after Tenant’s receipt of each bill therefor, Landlord’s costs of supplying heating or air conditioning resulting from such excess, at such rates as Landlord shall establish therefor; (D) If, due to the use of the Premises in a manner exceeding the aforementioned occupancy or electrical load criteria or if Tenant has requested and installed a supplemental HVAC system, or due to the arrangement of partitioning or the distribution system within the Premises, impairment of normal operation of the heating or air-conditioning in the Premises results, necessitating changes in the heating or air-conditioning distribution system within the Premises, such changes may be made by Landlord upon request by Xxxxxx, subject to the provisions of Article 12(b); Tenant shall pay to Landlord as Additional Rent the cost of any such change within 30 days after Xxxxxx’s receipt of a bill therefor; (E) Tenant agrees at all times to cooperate fully with the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to afterabide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating and/or air-hours HVAC services. If Master Landlord bills Subtenant directly conditioning system provided same does not materially impact Tenant’s business; (F) The foregoing heating and air-conditioning services shall be subject to any statute, ordinance, rule, regulation, resolution or recommendation for such after‑hours HVAC, Subtenant shall pay such bill to Master energy conservation which may be promulgated by any governmental agency or organization and which Landlord in accordance with the terms and provisions of the Master Leasegood faith may elect to abide by or shall be by law required to abide by. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant Tenant shall reimburse Sublandlord be responsible for all actual condenser water charges attributable to the Subleased Premisescleaning, including any amounts associated with maintenance, repairs and replacements of supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit equipment and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. facilities.
Appears in 1 contract
HVAC. (a) Landlord shall select the company or companies providing such utility and other services described in this subparagraph. HVAC will be provided in a manner consistent with class A office buildings in Jersey City, New Jersey, during Building Standard Hours specified in Section 5.4 of this Lease. Base building HVAC shall be capable of meeting ASHRAE standards of normal office use. If Subtenant Tenant desires HVAC service other than during Building Standard Hours (“Overtime HVAC”), Tenant shall make advance arrangements with Landlord and Overtime HVAC shall be provided by Landlord to utilize HVAC outside Tenant, provided that Tenant shall pay for its use of the Overtime HVAC as additional rent, at a rate of One Hundred Fifty Dollars ($150.00) per hour, subject to Building standard HVAC hours described in increases at Landlord’s discretion.
(b) Heat shall be supplied by electric base board, controlled by the Master LeaseBuilding Management System (“BMS”), Subtenant shall notify Landlord directly of such request in accordance with the terms continuously calculating outside and provisions inside air temperatures. Each floor of the Master LeaseBuilding shall have an air-conditioning unit with a capacity of 60-85 tons and a variable air volume box distribution system, with a total capacity of 4,500 tons for the Building.
(c) At Tenant’s prior written request, Landlord shall provide continuous condenser water to Tenant for Tenant’s additional cooling. Subtenant If Landlord provides condenser water to Tenant pursuant to the preceding sentence, then commencing on the date Landlord commences providing such condenser water to Tenant, Tenant shall pay for such after-hours HVAC service condenser water, as additional rent, at a rate of Six Hundred Fifty Dollars ($650.00) per ton per year at the rate that Landlord charges for such service in accordance with full capacity of condenser water, subject to annual Building standard increases at Landlord’s discretion (the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-hours HVAC services“Annual Water Charge”). If Master Landlord bills Subtenant directly for such after‑hours HVACdetermines, Subtenant shall pay such bill to Master Landlord in accordance with the terms and provisions its reasonable discretion, that Tenant does not actually utilize all of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable capacity reserved for Tenant’s use in the Premises during the first (15) Lease Year, then Landlord may, in Landlord’s discretion, upon prior written notice to Tenant given within ninety (90) days after the end of the first (1st) Lease Year, decrease Tenant’s capacity to the Subleased number of tons of condenser water then actually used by Tenant, in which event the Annual Water Charge shall be prorated accordingly. The Annual Water Charge may be increased annually in proportion to Landlord’s increased cost to furnish such additional condenser water to the Premises. Landlord shall notify Tenant of any increase in the Annual Water Charge which notice may be effected by means of an invoice, it being understood that any such notification may be retroactive to the date of the increase in Landlord’s cost to furnish condenser water to the Premises, including any amounts associated with supplemental HVAC units that service and Tenant shall commence paying such increase in the Subleased Premises , Annual Water Charge within thirty (30) days after receipt of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with notice from Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. .
Appears in 1 contract
HVAC. If Subtenant desires During the normal business hours as announced from time to utilize HVAC outside time by Landlord, currently established at 7:00 a.m. to 7:00 p.m., Monday through Friday, and 8:00 a.m. to 1:00 p.m. on Saturday, excluding New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and any other holiday taken by tenants occupying at least one-half (1/2) of the standard HVAC hours described Rentable Square Feet for the Project,, Landlord shall maintain a comfortable temperature for normal business operations in the Master Leasebuilding by furnishing heating and air conditioning. A “comfortable temperature” shall be defined by Landlord in Landlord’s reasonable discretion. Should Tenant install equipment which adversely affects the temperature maintained by the air conditioning or heating system, Subtenant Landlord, at Tenant’s sole cost and expense, may install supplementary air conditioning and heating units to maintain a comfortable temperature. Should Tenant need to install equipment which has special heating or cooling needs other than that for maintaining a comfortable temperature for a normal business operation, Tenant shall notify Landlord directly in writing of such requirements and request permission to install such equipment. Upon such notice from Tenant, Tenant and Landlord shall review the HVAC requirements and if necessary, Landlord shall install additional air conditioning and heating systems at Tenant’s sole cost and expense. Should Landlord be required to install additional equipment as outlined in accordance with the terms and provisions of the Master Lease. Subtenant paragraph, Tenant shall pay for such after-hours HVAC service at to Landlord upon demand in advance the rate that Landlord charges for such service in accordance with the Master Leasecost of installation. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-hours HVAC services. If Master Landlord bills Subtenant directly for such after‑hours HVACIn addition, Subtenant Tenant shall pay such bill to Master Landlord in accordance with the terms and provisions of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable to the Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute advance monthly as Additional Rent as defined belowthe cost to operate and maintain the additional units. For informational purposesSuch costs shall include maintenance contracts, servicing the current OMM_US:76369748.8 charge imposed by equipment, and additional utility costs incurred to run the units. Landlord shall furnish heating and air conditioning after normal business hours if Tenant provides Landlord reasonable prior notice specifying the hours and days it is needed. Tenant shall pay to Landlord all costs for condensed water such additional heating or air conditioning based upon an hourly rate of usage. Landlord shall from time to time calculate such hourly rate based on the 37th floor actual historical expenses, which shall include a reasonable estimate of excess maintenance and depreciation and administrative costs. Such hourly rate is $5,777.40 25 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side hour as of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. Commencement Date.
Appears in 1 contract
HVAC. If Subtenant desires Heating, ventilation and air conditioning (“HVAC”) during Building Hours (i.e., 8:00 a.m. to utilize HVAC outside 6:00 p.m., Monday through Friday, holidays excepted), at such temperatures and in such amounts as is required for the comfortable occupancy and operation of the standard HVAC hours described in the Master LeaseSubleased Premises, as reasonably determined by Sublandlord. Subtenant shall notify Landlord directly of such request in accordance with have the terms and provisions of the Master Leaseright to receive HVAC service during hours other than Building Hours using Sublandlord’s “after-hours” access card system. Subtenant shall pay Sublandlord the standard charge established from time to time by Sublandlord for such the additional service, which charge Subtenant acknowledges for after-hours HVAC service at is currently $89.60 per floor (or partial floor) per hour as of the rate date of this Sublease, and which cost may be increased to the extent that Landlord charges Sublandlord’s actual cost (hereinafter defined) of providing such “after hours” HVAC increases from time to time. The minimum time period for such service in accordance with the Master Lease. Sublandlord will endeavor to establish a direct billing relationship between Landlord and Subtenant with respect to after-after hours HVAC services. If Master Landlord bills Subtenant directly for such after‑hours HVAC, Subtenant usage shall pay such bill to Master Landlord in accordance with the terms and provisions of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable to the Subleased Premises, including any amounts associated with supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side of the Subleased Premsies with a three (3) ton unit each, (ii) be one (1) conference room on hour. For purpose of this Section 6.1(b), “actual cost” shall mean the north side actual cost incurred by Sublandlord, as reasonably determined by Sublandlord, inclusive of a reasonable allocation for wear and tear, depreciation, provided that, notwithstanding the Subleased Premisies with foregoing, any amount actually charged by any unrelated third party to Sublandlord for the supply of HVAC shall be deemed Sublandlord’s “actual cost”. When determining the actual cost of Subtenant’s utility usage pursuant to the terms of this Section 6.1(b), Sublandlord agrees that it shall use the monthly average rate paid by Sublandlord for a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. particular utility;
Appears in 1 contract
Samples: Sublease (Pain Therapeutics Inc)
HVAC. If Subtenant desires Article 49 of the Lease is hereby deleted in its entirety and replaced with the following: “HVAC. For the entire Premises (subject to utilize the last sentence of Section 8.1), excluding any vivarium or data centers (the “Landlord’s HVAC Premises”), Landlord shall: (a) maintain and operate (except that, to the extent Tenant leases the entirety of the 735 Building, the 745 Building and/or the 755 Building, Tenant shall operate and control (with respect to such Building(s)), including managing set points and sequence of operations) the heating, ventilating and air conditioning systems (“HVAC”) in good working order; and (b) furnish HVAC as reasonably required (except as this Lease otherwise provides or as to any special requirements that arise from Tenant’s particular use of the Premises) for reasonably comfortable occupancy of the Premises twenty-four (24) hours a day, 365 or 366 days a year, provided Tenant complies with the next sentence, if applicable. To the extent Landlord operates and controls any HVAC systems serving the Premises, and if Tenant will require HVAC outside normal business hours of business days (as reasonably designated by Landlord) in Landlord’s HVAC Premises (“Overtime HVAC”), Landlord shall be obligated to provide Overtime HVAC only if Tenant requests it by 4 p.m. on the immediately preceding business day. To the extent that Tenant occupies the Premises for laboratory purposes, Tenant directs Landlord to provide Overtime HVAC at all times outside normal business hours of business days (as reasonably designated by Landlord), pending further written notice from Tenant. For the avoidance of doubt, the immediately preceding sentence does not apply to any portion of the standard Premises in which Tenant operates and controls the HVAC hours described in the Master Leasesystems. Tenant shall pay, Subtenant shall notify Landlord directly as part of such request Tenant’s contribution to Operating Expenses in accordance with the terms CAM Pools, all of Landlord’s actual total cost of providing HVAC and provisions Overtime HVAC, as Landlord reasonably calculates such actual total cost. Notwithstanding anything to the contrary in this Section, Landlord shall have no liability, and Tenant shall have no right or remedy, on account of the Master Lease. Subtenant shall pay for such after-hours any interruption or impairment in HVAC service at the rate services, provided that Landlord charges for diligently uses commercially reasonable efforts to cure any such service in accordance with the Master Leaseinterruption or impairment as quickly as reasonably possible. Sublandlord will endeavor Any right to establish a direct billing relationship between Landlord operate and Subtenant with respect to after-hours control HVAC services. If Master Landlord bills Subtenant directly for such after‑hours HVAC, Subtenant shall pay such bill to Master Landlord in accordance with the terms and provisions of the Master Lease. As a matter of information, Building HVAC hours are currently 8:00 am through 8:00 pm, Monday - Friday; however, the foregoing hours are not being guaranteed by Sublandlord. Subtenant shall reimburse Sublandlord for all actual condenser water charges attributable is personal to the Subleased Premisesinitial Tenant under this Lease and shall not be assigned or otherwise transferred to any other tenant, including any amounts associated with supplemental HVAC units that service the Subleased Premises , within thirty (30) days of invoice. If Landlord invoices Subtenant directly for such condenser water usage, Subtenant shall pay such invoiced amount directly to Landlord in accordance with Landlord’s requirements. Any unpaid amounts shall constitute Additional Rent as defined below. For informational purposes, the current OMM_US:76369748.8 charge imposed by Landlord for condensed water on the 37th floor is $5,777.40 per year, subtenant or $481.45 per month. The Subleased Premises contains the following supplemental HVAC units: (i) two (2) conference rooms on the east side of the Subleased Premsies with a three (3) ton unit each, (ii) one (1) conference room on the north side of the Subleased Premisies with a three (3) ton unit and (iii) an IT room on the north side of the Subleased Premises with a five (5) ton unit. other transferee.”
Appears in 1 contract