Common use of Overtime Periods Clause in Contracts

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises during periods (referred to as "OVERTIME PERIODS") other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the rates set forth in the next sentence, which rates may be increased by Owner from time to time to substantially reflect the annual increases to Owner in the cost of providing the service in question. As of the date of this Lease, the overtime charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevator, except that there shall be no charge for Tenant's use of such elevator facilities with respect to Tenant's single initial move into the Demised Premises. Owner shall not be required to furnish any such services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri ods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise.

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary elevator facilities, heat, conditioned air or mechanical ventilation (other than an elevator subject to call at all times) to the Demised Premises during periods (referred to as "OVERTIME PERIODSOvertime Periods") other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such elevator facilities, heat, conditioned air or mechanical ventilation facilities to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the following rates set forth in the next sentence, which rates may be increased by Owner from time to time to substantially reflect the annual increases to Owner in the cost of providing the service in question. As as of the date of this Lease, the overtime charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS 60.00 Dollars per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevator, except that there freight elevator service. Any increases above such rates shall be no charge for Tenant's use in an amount equal to the actual increases after the date of this Lease in the cost to Owner of furnishing such elevator facilities with respect to Tenant's single initial move into the Demised Premisesservices. Owner shall not be required to furnish any such services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. If other tenants on the applicable floor of the Demised Premises where overtime heat, conditioned air or mechanical ventilation are requested by Tenant also request the same service for the same period, then the hourly charge shall be apportioned among the tenants requesting the same services during the same periods.

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises during periods (referred to as "OVERTIME PERIODSOvertime Periods") other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the standard rates set forth in the next sentence, which rates may be increased then fixed by Owner from time to time to substantially reflect for the annual increases to Owner in the cost of providing the service in question. As of the date of this LeaseBuilding or, the overtime charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevatorif no such rates are then fixed, except that there shall be no charge for Tenant's use of such elevator facilities with respect to Tenant's single initial move into the Demised Premisesat reasonable rates. Owner shall not be required to furnish any such services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise.

Overtime Periods. (i) The Fixed Annual Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary freight elevator facilitiesfacilities or heating, heat, conditioned air or mechanical ventilation and/or air-conditioning (“HVAC”) to the Demised Premises during periods (referred to as "OVERTIME PERIODS"“Overtime Periods”) other than the hours (a) during Business Hours, when seasonally required in respect of HVAC, and days set forth above (b) from 9:00 a.m. to 12:00 noon and 1:00 p.m. to 5:00 p.m. in this Article for the furnishing and distributing respect of such servicesfreight elevator facilities. Accordingly, if Owner shall furnish furnishes any such freight elevator facilities, heat, conditioned air facilities or mechanical ventilation HVAC to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Additional Rent to Owner for such services (except as otherwise provided in Section 49C(ii) below with respect to overtime HVAC), within thirty (30) days after demand, at Owner’s then established reasonable rates for the rates Building (which, as of the date hereof, are set forth in the next sentenceExhibit E annexed hereto and made a part hereof, which rates may but such charges shall be increased by Owner subject to increase, from time to time, to reflect any increases in the then established rates charged by Owner to other tenants of the Building, provided, however that, in the case of freight elevator charges, such charges shall not exceed Ninety Dollars ($90.00) per hour (as adjusted by CPI from time to substantially reflect the annual increases to Owner in the cost of providing the service in question. As of the date of this Lease, the overtime charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevator, except that there shall be no charge for Tenant's use of such elevator facilities with respect to Tenant's single initial move into the Demised Premisestime)). Owner shall not be required to furnish any such services during any Overtime Periods, Periods unless Tenant shall notify Owner has received in writing of its requirement for such services prior to 2:00 p.m. of the day upon which such services are requested or by 2:00 p.m. of the last preceding Business Day if such Overtime Periods are to occur on a day other than a Business Day (but Owner will use reasonable advance notice from Tenant requesting efforts to accommodate Tenant’s requests if made after such servicestime). If Tenant fails to give Owner reasonable such advance notice requesting such services during any Overtime Peri odsnotice, then, whether or not then the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rentrental, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's ’s business or otherwise. Anything hereinabove to the contrary notwithstanding, Owner will not be required to provide any such services during Overtime Periods if Tenant is then in monetary default hereunder or in material non-monetary default hereunder beyond any applicable notice, grace and cure periods.

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises during periods (referred to as "OVERTIME PERIODSOvertime Periods") other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the standard rates set forth in the next sentence, which rates may be increased then fixed by Owner from time to time to substantially reflect for the annual increases to Owner in the cost of providing the service in question. As of the date of this LeaseBuilding or, the overtime charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevatorif no such rates are then fixed, except that there shall be no charge for Tenant's use of such elevator facilities with respect to Tenant's single initial move into the Demised Premisesat reasonable rates. Owner shall not be required to furnish any such services service during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services service during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise.

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises during periods (referred to as "OVERTIME PERIODSOvertime Periods") other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the standard reasonable rates set forth in the next sentence, which rates may be increased then fixed by Owner from time to time to substantially reflect for the annual increases to Owner in the cost of providing the service in question. As of the date of this LeaseBuilding or, the overtime charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevatorif no such rates are then fixed, except that there shall be no charge for Tenant's use of such elevator facilities with respect to Tenant's single initial move into the Demised Premisesat reasonable rates. Owner shall not be required to furnish any such services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise.

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary freight elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises during periods (referred to as "OVERTIME PERIODS"“Overtime Periods”) other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such freight elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the standard rates set forth in the next sentence, which rates may be increased then fixed by Owner from time to time to substantially reflect for the annual increases to Owner in the cost of providing the service in question. As of the date of this LeaseBuilding or, the overtime charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevatorif no such rates are then fixed, except that there shall be no charge for Tenant's use of such elevator facilities with respect to Tenant's single initial move into the Demised Premisesat reasonable rates. Owner shall not be required to furnish any such services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's ’s business or otherwise. Subject to union requirements, there is a four (4) hour minimum for Tenant’s request for overtime conditioned air, mechanical ventilation, or heat, or freight elevator service unless such overtime conditioned air, mechanical ventilation, or heat, or freight elevator service is requested for a period immediately following the normal operating hours set forth in Section 29.01, Section 29.02 and Section 29.03 in which event there is a one (1) hour minimum. Tenant shall not be charged for Tenant’s use of the freight elevator and loading docks in connection with Tenant’s initial move in to the Demised Premises.

Overtime Periods. The Fixed Rent does not reflect or ---------------- include any charge to Tenant for the furnishing or distributing of any necessary elevator facilities, heat, conditioned air or mechanical ventilation facilities (other than an elevator subject to call) to the Demised Premises during periods (referred to as "OVERTIME PERIODSOvertime Periods") other than the hours ---------------- and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such elevator facilities, heat, conditioned air or mechanical ventilation facilities to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the following rates set forth in the next sentence, which rates may be increased by Owner from time to time to substantially reflect the annual increases to Owner in the cost of providing the service in question. As as of the date of this Lease, the overtime charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS 65.00 Dollars per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevator, except that there freight elevator service. Any increases above such rates shall be no charge for Tenant's use in an amount equal to the actual increases after the date of this Lease in the cost to Owner of furnishing such elevator facilities with respect to Tenant's single initial move into the Demised Premisesservices. Owner shall not be required to furnish any such services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise.

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary freight elevator facilities, heat, conditioned air or mechanical ventilation HVAC services to the Demised Premises during periods (referred to as "OVERTIME PERIODSOvertime Periods") other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such freight elevator facilities, heat, conditioned air or mechanical ventilation HVAC services to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services the actual out of pocket incremental costs to Owner of providing such services (which costs shall exclude any depreciation of the equipment used in providing the services) during Overtime Periods, but if any other tenants in the same HVAC zone, if any, as Tenant shall request overtime HVAC services at the rates same time as Tenant, then the overtime charges shall be allocated pro rata among the tenants so requesting such services at the same time. Notwithstanding anything to the contrary set forth in the next sentence, which rates may be increased by Owner from time to time to substantially reflect the annual increases to Owner in the cost of providing the service in question. As of the date foregoing provisions of this Lease, Section in no event shall the rates for overtime freight elevator or HVAC charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevator, except that there shall be no charge for exceed the charges therefor imposed upon other Tenant's use of therefor at the same time as such elevator facilities with respect overtime services are furnished to Tenant's single initial move into the Demised Premisessuch other tenants. Owner shall not be required to furnish any such services service during Overtime PeriodsPeriods unless, unless with respect to freight elevator service, Owner has received reasonable at least twenty-four (24) hours advance notice from Tenant requesting such services. If Tenant fails service, and with respect to give those HVAC services which are dependent upon the use of the floor by floor local fan room air handling units, Owner reasonable has received advance notice from Tenant requesting such services during by no later than 3:00 p.m. of the day for which such services are requested, if such day is a business day, or 3:00 p.m. of the last business day preceding the day for which such services are requested, if such day is a Saturday, Sunday or holiday. Owner agrees that, subject to the foregoing provisions of this Section and the provisions of Article 26 and Section 29.07, such services shall be available on a twenty-four (24) hour per day basis. Tenant shall not be charged for any Overtime Peri ods, then, whether or not overtime use of the freight elevator with respect to Tenant's initial move into the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwisePremises.

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises during periods (referred to as "OVERTIME PERIODSOvertime Periods") other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the standard rates set forth in the next sentence, which rates may be increased then fixed by Owner from time to time to substantially reflect for the annual increases to Owner in the cost of providing the service in question. As of the date of this LeaseBuilding or, the overtime charges are: (a) THREE HUNDRED NINETY FOUR if no such rates are then fixed, at reasonable rates, provided, however, that it is understood and 00/100 ($394.00) DOLLARS per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevator, except agreed that there Tenant shall be no charge credited with a twenty (20%) percent discount off of any standard rates that Owner may have fixed for Tenant's use the furnishing of such elevator facilities with respect to Tenant's single initial move into the Demised Premisesheat or conditioned air only during any Overtime Periods. Owner shall not be required to furnish any such elevator facilities, heat, conditioned air or mechanical ventilation services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Subject to union requirements, there is a four (4) hour minimum for Tenant's request for overtime conditioned air, mechanical ventilation, heat, or freight elevator service unless such overtime conditioned air, mechanical ventilation, heat, or freight elevator service is requested for a period immediately following the normal operating hours set forth in Section 29.01 and Section 29.02 in which event there is a one (1) hour minimum.

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary freight elevator facilities, heat, conditioned air or mechanical ventilation HVAC services to the Demised Premises during periods (referred to as "OVERTIME PERIODS"“Overtime Periods”) other than the hours and days set forth above in this Article (x) Section 29.01 with respect to freight elevator service and (y) Section 29.02 with respect to HVAC services for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such freight elevator facilities, heat, conditioned air or mechanical ventilation HVAC services to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the standard rates set forth in the next sentence, which rates may be increased then fixed by Owner from time to time to substantially reflect for the annual increases to Owner in the cost of providing the service in questionBuilding or, if no such rates are then fixed, at reasonable rates. As of the date of this Leasehereof, the rate for providing overtime charges are: (a) THREE freight elevator use is ONE HUNDRED NINETY FOUR TWENTY and 00/100 DOLLARS ($394.00120.00) per hour, the rate for providing air-conditioning is SEVENTY-SIX and 00/100 DOLLARS ($76.00) per hour per HVAC zone and the rate for air conditioning; (b) THREE providing heat is ONE HUNDRED TEN THIRTY-EIGHT and 00/100 DOLLARS ($310.00138.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevator, except HVAC zone. Tenant acknowledges that there shall be no charge for Tenant's use each floor above the lobby level of such elevator facilities with respect to Tenant's single initial move into the Demised PremisesBuilding is in its own HVAC zone. Owner shall not be required to furnish any such services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's ’s business or otherwise.. Subject to union requirements, there is a four (4) hour minimum for Tenant’s request for overtime HVAC service, or freight elevator service unless such overtime HVAC service, or freight elevator service is requested for a period immediately following the normal operating hours set forth in Section 29.01 and Section 29.02 in which event there is a one (1) hour minimum. The foregoing terms and conditions of this Section 29.06 notwithstanding, Tenant shall not be obligated to pay any overtime freight elevator use charges (x) with respect to Tenant’s initial move-in to the Demised Premises for the conduct of business and (y) with respect to one hundred (100) hours of use in connection with Tenant’s Initial Installation. 

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises during periods (referred to as "OVERTIME PERIODSOvertime Periods") other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Tenant shall not be charged for its initial move into the Demised Premises. Accordingly, if Owner shall furnish any such elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises at the request of Tenant during Overtime Periods, and . Tenant shall pay Owner for such services at the following rates set forth in the next sentence, which rates may be increased by Owner from time to time to substantially reflect the annual increases to Owner in the cost of providing the service in question. As as of the date of this Lease: $10.00 Dollars per hour per floor receiving such services for air-conditioning, the overtime charges are: (a) THREE HUNDRED NINETY FOUR $10.00 Dollars per hour per floor receiving such services for ventilation, $10.00 Dollars per hour per floor receiving such services for heating and 00/100 ($394.00) DOLLARS 60.00 Dollars per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevator, except that there freight elevator service. Any increases above such rates shall be no charge for Tenant's use in an amount equal to the actual increases after the date of this Lease in the cost to Owner of furnishing such elevator facilities with respect to Tenant's single initial move into the Demised Premisesservices. Owner shall not be required to furnish any such services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. If other tenants on the applicable floor of the Demised Premises where overtime heat, conditioned air or mechanical ventilation are requested by Tenant also request the same service for the same period then the hourly charge shall be apportioned among the tenants requesting the same services during the same periods.

Overtime Periods. The Fixed Rent does not reflect or include any charge to Tenant for the furnishing or distributing of any necessary elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises during periods (referred to as "OVERTIME PERIODSOvertime Periods") other than the hours and days set forth above in this Article for the furnishing and distributing of such services. Accordingly, if Owner shall furnish any such elevator facilities, heat, conditioned air or mechanical ventilation to the Demised Premises at the request of Tenant during Overtime Periods, and Tenant shall pay Owner for such services at the standard rates set forth in the next sentence, which rates may be increased then fixed by Owner from time to time to substantially reflect for the annual increases to Owner in the cost of providing the service in question. As of the date of this LeaseBuilding or, the overtime charges are: (a) THREE HUNDRED NINETY FOUR and 00/100 ($394.00) DOLLARS per hour for air conditioning; (b) THREE HUNDRED TEN and 00/100 ($310.00) DOLLARS per hour for heating; and (c) SIXTY FIVE and 00/100 ($65.00) DOLLARS per hour for elevatorif no such rates are then fixed, except that there shall be no charge for Tenant's use of such elevator facilities with respect to Tenant's single initial move into the Demised Premisesat reasonable rates. Owner shall not be required to furnish any such services during Overtime Periods, unless Owner has received reasonable advance notice from Tenant requesting such services. If Tenant fails to give Owner reasonable advance notice requesting such services during any Overtime Peri odsPeriods, then, whether or not the Demised Premises are habitable during such Overtime Periods, failure by Owner to furnish or distribute any such services during such Overtime Periods shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business or otherwise. Subject to union requirements, there is a four (4) hour minimum for Tenant's request for overtime conditioned air, mechanical ventilation, heat, or freight elevator service unless such overtime conditioned air, mechanical ventilation, heat, or freight elevator service is requested for a period immediately following the normal operating hours set forth in Section 29.01, Section 29.02 and Section 29.03 in which event there is a one (1) hour minimum.