Infrastructure (a) The Borrower has and will maintain a sufficient infrastructure to conduct its business as presently conducted and as contemplated to be conducted following its execution of this Agreement.
Electrical (i) Lighting, power, signal and communication plans showing all switching and controls. Fixture schedule and lighting details development started.
Heating, Ventilation and Air Conditioning During Business Hours, heating, ventilation and air conditioning to the Premises and the Common Areas pursuant to the HVAC Specifications described as part of Landlord’s Improvements. During other times, Landlord will provide to the Premises for specified zones heat and air conditioning (“Overtime HVAC”) upon Tenant’s reasonable advance notice (which must be during Business Hours and in no event less than one (1) hour in advance). Tenant will reimburse Landlord, as Additional Rent, for Landlord’s actual increased incremental costs for Overtime HVAC, provided that Landlord shall deliver a written invoice to Tenant for Overtime HVAC. In the event that any tenant other than Tenant shall use overtime HVAC at the same time as Tenant, Landlord shall pro rate Tenant’s cost of such overtime HVAC to the extent that such cost may be ratably allocable between Tenant and such other tenants for such overtime HVAC. Landlord agrees to design, construct and maintain HVAC systems so as to provide not less than 4 separate HVAC zones per floor, each capable of being operated individually. Landlord will provide air conditioning to the Premises, in accordance with the HVAC Specifications. Notwithstanding anything in this Lease to the contrary, Tenant, at its sole cost and expense, shall have the right to install adequate supplemental air conditioning unit(s) (“Supplemental AC Systems”) in portions of the Premises, as Tenant deems necessary in its sole discretion, which shall be allowed to operate at all times; provided, however, any such units shall be separately metered, maintained, and repaired at Tenant’s sole cost and expense. Tenant shall pay for all electrical usage for the Supplemental AC Systems that, combined with Tenant’s total electrical usage for the Premises, is in excess of 9.0 xxxxx per rentable square foot per year, demand load, in the same manner as set forth in Section 6.1.2. Landlord represents and warrants that, throughout the Term, the Premises will comply with the fresh air norms established in ASHRAE standard 62-1989.
Communications Equipment Members of the board of directors or any committee thereof may participate in and act at any meeting of such board or committee through the use of a conference telephone or other communications equipment by means of which all persons participating in the meeting can hear each other, and participation in the meeting pursuant to this section shall constitute presence in person at the meeting.
HVAC A. Heating, ventilating and air conditioning equipment will be provided with sufficient capacity to accommodate a maximum population density of one (1) person per one hundred fifty (150) square feet of useable floor area served, and a combined lighting and standard electrical load of 3.0 xxxxx per square foot of useable floor area. In the event Tenant introduces into the Premises personnel or equipment which overloads the system’s ability to adequately perform its proper functions, Landlord shall so notify Tenant in writing and supplementary system(s) may be required and installed by Landlord at Tenant’s expense, if within fifteen (15) days Tenant has not modified its use so as not to cause such overload. Operating criteria of the basic system shall not be less than the following:
Common Areas Tenant shall have the non-exclusive right to use in common with other tenants in the Project, and subject to the Rules and Regulations referred to in Article 5 of this Lease, those portions of the Project which are provided, from time to time, for use in common by Landlord, Tenant and any other tenants of the Project (such areas, together with such other portions of the Project designated by Landlord, in its discretion, including certain areas designated for the exclusive use of certain tenants, or to be shared by Landlord and certain tenants, are collectively referred to herein as the “Common Areas”). The Common Areas shall consist of the “Project Common Areas” and the “Building Common Areas.” The term “Project Common Areas,” as used in this Lease, shall mean the portion of the Project designated as such by Landlord or areas within the Project that the occupants of the Building are permitted to utilize pursuant to a recorded declaration and which areas shall be maintained in accordance with the declaration. The term “Building Common Areas,” as used in this Lease, shall mean the portions of the Common Areas located within the Building reasonably designated as such by Landlord. The manner in which the Common Areas are maintained and operated shall be at the reasonable discretion of Landlord and the use thereof shall be subject to the Rules and Regulations as Landlord may make from time to time. Landlord reserves the right to close temporarily, make alterations or additions to, or change the location of elements of the Project and the Common Areas, provided that, in connection therewith, Landlord shall perform such closures, alterations, additions or changes in a commercially reasonable manner and, in connection therewith, shall use commercially reasonable efforts to minimize any material interference with Tenant’s use of and access to the Premises.
Common Area “Common Area” means all areas and improvements within the Project, as it now exists or as it exists in the future, not held or designated for the exclusive use or occupancy of Landlord, Tenant, or other tenants, including, without limitation, a freight or freight/passenger elevator. Tenant may use the Common Area on a nonexclusive basis during this Lease, including, without limitation, a freight or freight/passenger elevator and Landlord agrees that it shall take all steps necessary to add the existing freight/passenger elevator that is exclusive to a tenant other than Tenant to the Common Area and to provide Tenant with non-exclusive use thereof. Subject to the foregoing, Landlord reserves all rights in connection with the Common Area and the rest of the Project, including, without limitation, the right to change, relocate, add to, improve or demolish portions of the land and/or improvements and the layout thereof and promulgate rules and regulations with respect thereto, limit the use of any portion of the Common Area by Tenant or its Affiliates, and place certain portions of the Common Area off limits to Tenant and its Affiliates, including, without limitation, janitorial, maintenance, equipment and storage areas, and entrances, loading docks, corridors, elevators and parking areas (specifically subject to Section 15.2 and the last sentence of this Section 15.1). Landlord reserves the space above hung ceilings, below the floor and within the walls of the Premises, and the right to install, relocate. remove, use, maintain, repair and replace Systems and Equipment within or serving the Premises or other parts of the Building or the Project, and in such cases Landlord will use commercially reasonable efforts avoid disturbing or interfering with the conduct of Tenant’s business more than is reasonably necessary under the circumstances. Except during emergencies or by reason of force majeure or necessary maintenance, repair or construction, Landlord’s exercise of the rights in this Article will not ever prevent Tenant from having access to or the use of the Premises or a loading dock or the base building HVAC provided by Landlord, all or which are granted 24 hours per day, seven days per week, but such exercise will not under any circumstances require Landlord to compensate Tenant in any way, result in any Labilities to Landlord, entitle Tenant to xxxxx rent, or reduce Tenant’s Lease obligations.