Operation of Regular HVAC System Sample Clauses

Operation of Regular HVAC System. ‌ (a) The Landlord shall operate the HVAC System serving the Premises (save and except for the Tenant HVAC System which shall be Tenant’s responsibility in accordance with Section 6.4) so as to provide conditions of reasonable comfort in the Premises during Business Hours except during the making of repairs, inspections, overhauling or replacement. If such equipment or systems are damaged or destroyed, or, in the opinion of the Landlord, require repair, inspection, overhauling or replacement, the Landlord shall carry out such work with all reasonable diligence, providing that if such repair, inspection, overhauling or replacement is required due to the actions or omissions of the Tenant or any Person for whom it is in law responsible, including its employees, agents, contractors, subtenants and licensees the costs of same shall be charged back to the Tenant as Additional Rent, in accordance with Section 9.1 herein. (b) The Landlord shall not be responsible for any loss, damages or costs arising from the failure of such equipment or systems to perform their function. Without limiting the generality of the foregoing, the Landlord shall not be responsible for the failure of such equipment and systems to (i) perform their function if the number of persons in the Premises at any one time exceeds a reasonable number; or (ii) if the electrical load from lights and power in the Premises is excessive or exceeds the standard of normal use as determined by the Landlord as determined by an Expert; or (iii) if such failure results from any arrangement of partitioning in the Premises or change or alteration thereto; or (iv) if the window covering on exterior windows is not kept fully closed while the windows are exposed to sunlight or
Sample 1
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Operation of Regular HVAC System. The Landlord shall operate the heating, ventilating and air-conditioning equipment and systems serving the Premises so as to provide conditions of adequate comfort in the Premises as would a prudent landlord of comparable office premises during HVAC Hours except during the making of repairs, inspections, overhauling or replacement as hereinafter referred to. If such equipment or systems are damaged or destroyed, or, in the reasonable opinion of the Landlord, require repair, inspection, overhauling or replacement, the Landlord shall carry out such work with all reasonable diligence and dispatch. The Landlord shall not be responsible for any loss, damages or costs arising from the failure of such equipment or systems to perform their function. In addition, the Landlord shall not be responsible for the failure of such equipment and systems to perform their function if the number of persons in the Premises at any one time exceeds a reasonable number or if the electrical load from lights and power in the Premises is excessive or if such failure results from any arrangement of partitioning in the Premises or change or alteration thereto or if the window covering on exterior windows is not kept fully closed while the windows are exposed to direct sunlight or if any use of mechanical or electrical equipment installed in the Premises generates heat in excess of amounts specified in the Building Standard. The Landlord shall not be liable for direct, indirect or consequential damage or damages for personal discomfort or illness of the Tenant or its employees, invitees or other persons transacting business with it by reason of the operation or non-operation of such systems and equipment. In no event shall Rent abate during any non-operation.
Sample 1
Operation of Regular HVAC System. The Landlord shall operate and maintain the heating, ventilating and air-conditioning equipment and systems serving the Building so as to provide conditions in the Building that are of a standard generally accepted for A-class office buildings in Burnaby, during Business Hours except during the making of repairs, inspections, overhauling or replacement. If such equipment or systems are damaged or destroyed, or, in the opinion of the Landlord, require repair, inspection, overhauling or replacement, the Landlord shall carry out such work with all reasonable diligence and minimize any interruption to such heating, ventilating and air-conditioning equipment and systems to the extent reasonably possible. The Landlord shall not be responsible for any loss, damages or costs arising from the failure of such equipment or systems to perform their function if the number of persons in the Building at any one time exceeds a reasonable number or if the electrical load from lights and power in the Building is excessive or if such failure results from any arrangement of partitioning in the Building or change or alteration thereto or if the window covering on exterior windows is not kept fully closed while the windows are exposed to direct sunlight or if any use of mechanical or electrical equipment installed in the Building generates heat in excess of amounts specified in the Building Standard. The Landlord shall not be liable for direct, indirect or consequential damage or damages for personal discomfort or illness of the Tenant or its employees, invitees or other persons transacting business with it by reason of the operation or non-operation of such systems and equipment.
Sample 1
Operation of Regular HVAC System. The Landlord shall operate the heating, ventilating and air-conditioning equipment and systems serving the Premises so as to provide conditions of adequate comfort in the Premises during Business Hours, except during the making of repairs, inspections, overhauling or replacement. If such equipment or systems are damaged or destroyed, or, in the opinion of the Landlord, require repair, inspection, overhauling or replacement, the Landlord shall carry out such work with all reasonable diligence. The Landlord shall not be responsible for any loss, damages or costs arising from the failure of such equipment or systems to perform their function. In addition, the Landlord shall not be responsible for the failure of such equipment and systems to perform their function if the number of persons in the Premises at any one time exceeds a reasonable number or if the electrical load from lights and power in the Premises is excessive or if such failure results from any arrangement of partitioning in the Premises or change or alteration thereto or if the window covering on exterior windows is not kept fully closed while the windows are exposed to direct sunlight or if any use of mechanical or electrical equipment installed in the Premises generates heat in excess of normal amounts. The Landlord shall not be liable for direct, indirect or consequential damage or damages for personal discomfort or illness of the Tenant or its employees, invitees or other persons transacting business with it by reason of the operation or non-operation of such systems and equipment. In no event shall Rent abate during any non-operation.
Sample 1
Operation of Regular HVAC System. The Landlord and the Tenant acknowledge that the Building operating hours shall be Monday through Friday from 8:00 a.m. to11:59 p.m., Saturday from 8:00 a.m. to 6:00 p.m., and Sunday from 11:00 am to 1:00 p.m., (the “Building Operating Hours”). Heating, ventilation and air conditioning (“HVAC”) shall be provided during the Building Operating Hours so as to maintain during the Building Operating Hours a comfortable temperature for the Tenant’s intended uses of the Premises and in any event in accordance with the standards of a first class office building in the downtown core of the City of Toronto, except during the making of repairs, inspections, overhauling or replacement. In addition, the Landlord will upon request of the Tenant make available HVAC services outside of Building Operating Hours to the Tenant so as to maintain during such after hours HVAC a comfortable temperature for the Tenant’s intended uses of the Premises and in any event in accordance with the standards of a first-class office building in the downtown core of the City of Toronto, which cost to the Tenant shall be equal to the Landlord’s costs to provide such after-hours HVAC, with no profit. The Tenant shall provide the Landlord with not less than twenty-four (24) hours’ prior written notice of the times it requires HVAC services outside of Building Operating Hours as aforesaid, unless same are required on a weekend or a statutory holiday, in which event the Tenant shall notify the Landlord of the times it requires same not later than noon on the Business Day immediately preceding such weekend or statutory holiday. If any equipment or systems are damaged or destroyed or, in the opinion of the Landlord, require repair, inspection, overhauling or replacement, the Landlord shall (i) give the Tenant reasonable prior written notice of such repair, inspection, overhauling or replacement except in the event of an emergency; and (ii) carry out such repair, inspection, overhauling or replacement with all reasonable diligence and in such manner so as to minimize any interference with the Tenant’s business operations in the Premises. The Landlord shall not be responsible for any loss, damages or costs arising from the failure of such equipment or systems to perform their function, so long as the Landlord diligently proceeds to the extent reasonably possible in the circumstances, directed by the cause of any such failure of such equipment and systems to perform their function. In addition, the La...
Sample 1

Related to Operation of Regular HVAC System

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