Common use of Overtime Freight Elevators and HVAC Clause in Contracts

Overtime Freight Elevators and HVAC. The Rent does not reflect or include any charge to Tenant for the furnishing of any freight elevator service or HVAC to the Premises during any periods other than for the hours and days set forth in Sections 11.1 and 11.2 hereof ("Overtime Periods"). Landlord shall not be required to furnish any such services during Overtime Periods unless Tenant delivers notice to Landlord's property management office serving the Building requesting such services at least 24 hours prior to the time at which such services are to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange such service on such shorter notice as Tenant shall provide. If Landlord furnishes freight elevator service to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates for such service in the Building. If Landlord shall furnish HVAC to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates per floor for such service in the Building, which rate is on the date of this Lease $150 per hour. Notwithstanding anything to the contrary provided in this Article 11, on a single weekend during which Tenant initially moves into the Premises for the conduct of its business, upon 5 days' prior notice from Tenant to Landlord, Landlord shall make available to Tenant freight elevator service in accordance with Landlord's then current rules and regulations applicable thereto from 8:00 p.m. on the "move-in" Friday until 7:00 p.m. on the following Sunday at no cost to Tenant.

Overtime Freight Elevators and HVAC. The Rent does not reflect or include any charge to Tenant for the furnishing of any freight elevator service or HVAC to the Premises during any periods other than for the hours and days set forth in Sections 11.1 and 11.2 hereof ("“Overtime Periods"”). Landlord shall not be required to furnish any such services during Overtime Periods unless Tenant delivers notice to Landlord's ’s property management office serving the Building requesting such services at least 24 hours prior to the time at which such services are to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange such service on such shorter notice as Tenant shall provide. If Landlord furnishes freight elevator service to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's ’s then established rates for such service in the Building. If Landlord shall furnish HVAC to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates per floor for such service in the Building, which rate is on the date of this Lease $150 per hour. Notwithstanding anything to the contrary provided in this Article 11, on a single weekend two weekends during which Tenant initially moves into the 17th Floor Premises for the conduct of its business, upon 5 days' ’ prior notice from Tenant to Landlord, Landlord shall make available to Tenant freight elevator service in accordance with Landlord's ’s then current rules and regulations applicable thereto from 8:00 p.m. on the "“move-in" ” Friday until 7:00 p.m. on the following Sunday at no cost to Tenant. If Landlord shall furnish HVAC to the Premises during Overtime Periods upon request of Tenant or anyone claiming through Tenant, Tenant shall pay to Landlord Landlord’s then established rates for such service in the Building.

Overtime Freight Elevators and HVAC. The Rent does not reflect or include any charge to Tenant for the furnishing of any freight elevator service or HVAC to the Premises during any periods other than for the hours and days set forth in Sections 11.1 and 11.2 hereof ("Overtime Periods"). Landlord shall not be required to furnish any such services during Overtime Periods unless Tenant delivers notice to Landlord's property management office serving the Building requesting such services at least 24 hours prior to the time at which such services are to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange such service on such shorter notice as Tenant shall provide. If Landlord furnishes freight elevator service to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates for such service in the Building. If Landlord shall furnish HVAC to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates per floor for such service in the Building, which rate is on the date of this Lease $150 per hour. Notwithstanding anything to the contrary provided in this Article 11, on a single weekend during which Tenant initially moves into the Premises for the conduct of its business, upon 5 days' prior notice from Tenant to Landlord, Landlord shall make available to Tenant freight elevator service in accordance with Landlord's then current rules and regulations applicable thereto from 8:00 p.m. on the "move-in" Friday until 7:00 p.m. on the following Sunday at no cost to Tenant. If Landlord shall furnish HVAC to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates for such service in the Building.

Overtime Freight Elevators and HVAC. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any freight elevator service or HVAC to the Premises during any periods other than for the hours and days set forth in Sections 11.1 and 11.2 hereof SECTIONS 10.2 AND 10.3 ("Overtime PeriodsOVERTIME PERIODS"). Landlord shall not be required to furnish If Tenant desires any such services during Overtime Periods unless Periods, Tenant delivers shall deliver notice to Landlord's property management office serving the Building office requesting such services at least 24 hours prior to the time at which Tenant requests such services are to be provided; provided, but however, that Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange such service on such shorter notice as Tenant shall provide. If Landlord furnishes freight elevator service to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates for such service in the Building. If Landlord shall furnish HVAC to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates per floor for such service in the Building, which rate is on the date of this Lease $150 per hour. Notwithstanding anything to the contrary provided in this Article 11, on On a single weekend during which Tenant initially moves into the Premises for the conduct of its business, upon 5 days' prior notice from Tenant to Landlord, Landlord shall make available to Tenant freight elevator service in accordance with Landlord's then current rules and regulations applicable thereto from 8:00 p.m. on the "move-in" Friday until 7:00 p.m. on the following Sunday at no cost to Tenant. If Landlord furnishes freight elevator or HVAC service during Overtime Periods, Tenant shall pay to Landlord within 10 days after demand the cost thereof at the then established rates for such services in the Building. As of the date hereof, Landlord's established rate for overtime HVAC for the Premises is $150 per hour per floor for air-conditioning, $150 per hour per floor for heat for the Premises and $90 per hour per floor for overtime freight elevator service. Such charges shall be subject to increase by Landlord on each anniversary of the first Commencement Date to equal Landlord's then current charges, provided that any increased charge shall not exceed (a) the initial charge plus (b) the initial charge multiplied by the percentage increase, if any, in the Consumer Price Index in effect on such anniversary of the first Commencement Date from that in effect on the first Commencement Date.

Overtime Freight Elevators and HVAC. The Rent does not reflect or include any charge to Tenant for the furnishing of any freight elevator service (other than the one passenger elevator to be available at all times) or HVAC to the Premises during any periods other than for the hours and days set forth in Sections 11.1 and Section 11.2 hereof ("Overtime Periods"). Landlord shall not be required to furnish any such services during Overtime Periods unless Landlord has received notice from Tenant delivers notice to Landlord's property management office serving the Building requesting such services at least 24 hours prior to 2:00 p.m. on the time at day upon which such services are requested, or by 2:00 p.m. on the last preceding Business Day, if such Overtime Periods are to be providedoccur on a day other than a Business Day, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange such service on such shorter notice as Tenant shall provide. If Landlord furnishes freight elevator service to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates for such service in the Building, provided, however, (a) Tenant shall not be required to pay for use of the freight elevator during Overtime Periods if such use is (i) during the 96 hour period immediately prior to Tenant's initial move-in to the Premises or (ii) in compliance with a recycling program imposed by a Requirement where Landlord has not made the freight elevator available during ordinary hours of operation, and (b) such rates shall be reasonably comparable to the rates for the same services then charged by other comparable first-class office buildings in mid-town Manhattan (with Tenant in any contest thereof having the burden of proving that Landlord's rates are not reasonably comparable). If Landlord shall furnish HVAC to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates per floor for such service in the Building. If another tenant utilizing HVAC requests the same or overlapping Overtime Periods for such service, which rate is on the date of this Lease $150 per hour. Notwithstanding anything to the contrary provided in this Article 11, on a single weekend during which Tenant initially moves into the Premises for the conduct of its business, upon 5 days' prior notice from Tenant to Landlord, Landlord shall make available charge to Tenant freight elevator service in accordance with Landlord's then current rules shall be appropriately and regulations applicable thereto from 8:00 p.m. on equitably apportioned among the "move-in" Friday until 7:00 p.m. on the following Sunday at no cost to Tenanttenants requesting HVAC for such period.

Overtime Freight Elevators and HVAC. The Rent does not reflect or include any charge to Tenant for the furnishing of any freight elevator service or HVAC to the Premises during any periods other than for the hours and days set forth in Sections 11.1 and 11.2 hereof ("Overtime Periods"). Landlord shall not be required to furnish any such services during Overtime Periods unless Tenant delivers notice to Landlord's property management office serving the Building requesting such services at least 24 hours prior to the time at which such services are to be provided, but Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange such service on such shorter notice as Tenant shall provide. If Landlord furnishes freight elevator service to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates for such service in the Building. If Landlord shall furnish HVAC to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates per floor for such service in the Building, which rate is on the date of this Lease $150 per hour. Notwithstanding anything to the contrary provided in this Article 11, 11 on a single weekend during which Tenant initially moves into the Premises for the conduct of its business, upon 5 days' prior notice from Tenant to Landlord, Landlord shall make available to Tenant freight elevator service in accordance with Landlord's then current rules and regulations applicable thereto from 8:00 p.m. on the "move-in" Friday until 7:00 p.m. on the following Sunday at no cost to Tenant. If Landlord shall furnish HVAC to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates for such service in the Building.

Overtime Freight Elevators and HVAC. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing of any freight elevator service or HVAC to the Premises during any periods other than for the hours and days as set forth in Sections 11.1 Section 10.3 and 11.2 hereof Section 10.4 ("“Overtime Periods"”). Landlord shall not be required to furnish If Tenant desires any such services during Overtime Periods unless Periods, Tenant delivers shall deliver notice to Landlord's property management office serving the Building office requesting such services at least 24 hours prior to the time at which Tenant requests such services are to be provided; provided, but however, that Landlord shall use reasonable efforts (without obligation to incur any additional cost) to arrange such service on such shorter notice as Tenant shall provide. If Landlord furnishes freight elevator service to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates for such service in the Building. If Landlord shall furnish HVAC to the Premises during Overtime Periods, Tenant shall pay to Landlord Landlord's then established rates per floor for such service in the Building, which rate is on the date of this Lease $150 per hour. Notwithstanding anything to the contrary provided in this Article 11, on On a single weekend during which Tenant initially moves into the Premises for the conduct of its business, upon 5 days' ’ prior notice from Tenant to Landlord, Landlord shall make available to Tenant freight elevator service in accordance with Landlord's ’s then current rules and regulations applicable thereto from 8:00 p.m. on the "“move-in" ” Friday until 7:00 p.m. on Sunday; provided that, Tenant shall be required to pay for the out-of-pocket costs incurred by Landlord for after hours access control personnel. If Landlord furnishes freight elevator service during Overtime Periods, Tenant shall pay to Landlord the cost thereof at the then established rates for such services in the Building. If Landlord furnishes HVAC service to the Premises during Overtime Periods, Tenant shall pay to Landlord the cost thereof at the following Sunday at no cost rates for each floor (or portion thereof) of the Building for which such HVAC service is so requested and furnished to Tenantthe Premises: (a) Twenty-Five and 00/100 Dollars ($25.00) per hour for the first six hundred (600) hours of use during Overtime Periods in a Lease Year; (b) Forty-Five and 00/100 Dollars ($45.00) per hour for the next one hundred (100) hours of use during Overtime Periods in such Lease Year above six hundred (600) hours; and (c) Sixty-Five and 00/100 Dollars ($65.00) per hour for any hour of use during Overtime Periods above seven hundred (700) hours in such Lease Year. In calculating total hours of use during Overtime Periods in any Lease Year for purposes of determining the applicable hourly rate pursuant to the foregoing, all hours of use to all floors of the Premises shall be taken into account.