SERVICES TO BE FURNISHED BY LANDLORD; UTILITIES. 9.1 HEATING, VENTILATION AND AIR CONDITIONING Landlord shall, during Business Hours, make available to the Premises, heating, ventilation and cooling service (“HVAC Service”) in accordance with the design criteria set forth on Exhibit LANDLORD SERVICES. If Tenant shall require HVAC Service at any times other than during Business Hours and/or Business Days, then Tenant shall provide not less than twenty-four (24) hours prior notice thereof to Landlord. Landlord shall make available such after hours HVAC Service to the Premises and Tenant shall pay to Landlord, as additional rent, within thirty (30) days after receipt of Landlord’s invoice therefor, such overtime HVAC charges as may from time to time be established by Landlord based on Landlord’s reasonable estimate of the cost to provide the same, without xxxx-up. Landlord represents that it is Landlord’s reasonable estimate that such rate, as of the Commencement Date, shall be $50.00 per floor per hour, subject to change from time to time. Tenant shall not install any supplementary or auxiliary HVAC equipment to serve the Premises without Landlord’s prior consent in each instance, which consent shall not be unreasonably withheld but which may include the requirement to pay for condenser water or other actual, reasonable third-party costs of Landlord related thereto. Landlord shall not be responsible if the building standard systems making available HVAC Service to the Premises shall fail to provide cooled or heated air, as the case may be, by reason of (i) any machinery or equipment installed by or on behalf of Tenant, which shall have an electrical load in excess of the average electrical load for the HVAC System as designed, or (ii) any Alterations made or performed by or on behalf of Tenant. Tenant at all times shall cooperate fully with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC System. Without limitation, in no event shall Tenant introduce into the Premises personnel or equipment that overloads the capacity of the HVAC System or in any other way interferes with the system’s ability to perform adequately its proper functions, or that affects the temperature otherwise maintained by the HVAC System, provided that Tenant may install supplemental HVAC units in the Premises or as part of the Roof Equipment in accordance with the provisions of Section 17.17 and subject to the provisions of Exhibit LANDLOR...
SERVICES TO BE FURNISHED BY LANDLORD; UTILITIES. 9.1 HEATING, VENTILATION AND AIR CONDITIONING Landlord shall, during Business Hours, furnish to the Premises, heating, ventilation and cooling service (“HVAC Service”) substantially equivalent to the HVAC service then being furnished in comparably aged and similarly equipped office buildings in Downtown Boston. If Tenant shall require additional HVAC Service at any times other than during Business Hours and/or Business Days, then Tenant shall provide not less than twenty-four (24) hours prior notice thereof to Landlord. Landlord shall furnish such additional HVAC Service to the Premises and Tenant shall pay to Landlord, as additional rent, within thirty (30) days after receipt of Landlord’s invoice therefor, such overtime HVAC charges as may from time to time be established by Landlord. Tenant shall not install any supplementary or auxiliary HVAC equipment to serve the Premises without Landlord’s prior consent in each instance, which consent shall not be unreasonably withheld, conditioned or delayed but which may include the requirement to pay for condenser water or other costs of Landlord related thereto. Landlord shall not be responsible if the building standard systems providing HVAC Service to the Premises shall fail to provide cooled or heated air, as the case may be, by reason of (i) any machinery or equipment installed by or on behalf of Tenant, which shall have an electrical load in excess of the average electrical load for the HVAC System as designed, or (ii) any alterations, additions or improvements made or performed by or on behalf of Tenant. Tenant at all times shall cooperate fully with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC System. Without limitation, in no event shall Tenant introduce into the Premises personnel or equipment which overloads the capacity of the HVAC System or in any other way interferes with the system’s ability to perform adequately its proper functions, or which affects the temperature otherwise maintained by the HVAC System.
SERVICES TO BE FURNISHED BY LANDLORD; UTILITIES
