SUPPLEMENTAL AIR CONDITIONING. Lessee shall utilize a separate and supplemental air conditioning system to service the Premises together with the necessary lines to operate such air conditioning system through the mechanical chases of the Building and appropriate devices to measure its electrical consumption (collectively the “Supplemental System”), subject to the conditions set forth in this Section. Lessor has agreed to include these items in Lessor’s Work at Lessee’s expense pursuant to Paragraph 7A of the Lease and Addendum B. All specifications of the Supplemental System are subject to Lessor’s reasonable approval. Lessee shall maintain the Supplemental System and the affected areas of the Building in a clean, safe, operable and attractive condition and shall not permit or allow the Supplemental System or the affected areas of the Building to remain in any waste or damage where said waste or damage is attributable to the Lessee. Lessor further hereby grants Lessee the non-exclusive use of certain portions of the Building during the life of the Lease to use and maintain the Supplemental System. Lessee shall repair or replace, subject to Lessor’s reasonable direction and supervision, any damage to the Building caused by the use and maintenance of the Supplemental System by Lessee or Lessee’s agents, contractors or invitees. If Lessee fails to make such repaid or replacements within fifteen (15) days of Lessor’s written notice of the occurrence of such damage, then Lessor may make the same at Lessor’s cost. The cost of any repair or replacement work performed by Lessor under this Section shall be paid by Lessee to Lessor immediately upon Lessor’s demand therefor. All work described in this Section shall be performed by duly licensed and skilled contractors and sub-contractors approved by Lessor in Lessor’ sole discretion. Lessee shall cause all contractors and sub-contractors to procure and maintain insurance coverage against such risks, in such amounts, and with such companies as may be reasonably acceptable to Lessor, and if requested by Lessor in writing to procure payment and performance bonds reasonably satisfactory to Lessor covering the cost of the work. All such work shall be performed in good and workmanlike manner so as not to damage the Building, the primary structure or structural qualities of the Building, or plumbing, electrical lines or other utility transmission facilities of the Building. Any repairs or maintenance shall be made in accordance with the provisions of this Lease for full payment and prohibition on mechanics’ liens. Lessee shall comply with all laws, orders, rules and regulations relating to the use, condition, ownership, operation, repair, removal and maintenance of the Supplemental System. If because of installation of the Supplemental System, the rate of insurance on the Building or its contents increases, Lessor shall provide Lessee with written proof thereof from the given insurance carrier(s), and then Lessee shall pay to Lessor the amount of such increase within 15 days after written demand from the Lessor, and failure to do so shall be a default under this Lease. Appropriate electrical consumption measuring devices (“Device”) shall be installed and shall interface with the existing on-site Building management computer system, with appropriate software programming of Device and existing computer system, so mat Lessor can remotely monitor Lessee’s electrical usage of the Supplemental System. Lessee shall pay to Lessor, as additional Rent, an amount equal to the cost of electricity as measured monthly and based on rates of service then currently being charged to Lessor by the electrical utility provider, plus a fee of $50.00 per month, as additional Rent, when payment is demanded by Lessor. Lessee agrees that Lessor has no obligation to provide any electrical or other services, perform any work or make any repairs to permit Lessee to operate the Supplemental System other than as provided herein. Once installed, Lessee may not relocate the Supplemental System without the prior written consent of Lessor. Upon the expiration or earlier termination of this Lease, Lessee shall at Lessee’s sole expense, cause the Supplemental System to be removed and restore the Premises to its condition prior to the making and installation of the Supplemental System, reasonable wear and tear excepted. In the event Lessee fails to remove or repair as required in this paragraph, then Lessor may undertake such options necessary to remove and/or repair and bxxx Lessee for costs of same which sums will he due on demand. Lessee shall promptly reimburse Lessor, as Additional Rent under the Lease, for the cost of such work, which reimbursement obligations shall survive termination of the Lease. Lessor shall not be liable to Lessee in any way for any interruption, curtailment, failure or defect in the Supplemental System unless due to Lessor’s gross negligence.
Appears in 1 contract
Samples: Lease Agreement (Ameripath Inc)
SUPPLEMENTAL AIR CONDITIONING. Lessee a) As previously stated under the HVAC general conditions section, all supplemental HVAC shall utilize use chilled water or condenser water as the method of heat removal if available. Air-cooled units and exhaust louvers will not be permitted.
b) All supplemental units shall be shown on the drawings, including manufacturer, model number, size (in tonnage) and CFM.
c) Access doors shall be shown on the drawings wherever required as well as any required connections to the Building’s fire alarm system (i.e. smoke dampers, break glass, etc.).
d) Access doors shall not be blocked by electrical conduit, piping, ceiling black iron and shall be a separate minimum of 24 inches x 24 inches to allow maintenance people sufficient room to perform such service. Xxxxx Xxxx LaSalle
e) Tenant shall clean and recondition all supplemental air conditioning units to be reused, including controls.
f) Tenant shall be responsible for all costs associated with tapping into the designated riser and all piping to and from the unit.
g) Tenant shall also install isolation valves near each unit on both the supply and return lines, local pressure and temperature gauges, condenser water pump, strainer and check valves. Condenser water control valves shall be three-way for constant circulation through open piping system and two-way or three-way in closed systems. Bypass strainers should be considered for critical operations. Pipe sizes shall be selected for a nominal 3 fps or higher open condenser water systems.
h) Condensate lines are to service be run to the Premises together nearest slop sink or fan room floor drain, with Building approval. Gravity drains is preferred over a condensate pump. Pump should only be used when gravity drainage is not possible.
i) Tenant piping shall be chemically cleaned and tested prior to final connection to the necessary lines building system. Submit certificate of clean water analysis and water sample for building review and acceptance. Substantial delays shall result in requirement for retest prior to operate such air conditioning system through start-up.
j) All vibration and/or noise generating equipment shall be effectively isolated from structure so as to cause no interference to other tenants.
k) Rebalance all systems or portions of systems, which are effected by Tenant work. Prior to performing air-balancing procedures, Tenant’s balancer must contact the mechanical chases building’s engineering crew.
l) Any ceiling tiles broken or removed during Tenant balancing procedures will be replaced at Tenant’s expense.
m) All units that require Equipment Use Permits from the City of New York shall be obtained and a copy of the Building and appropriate devices to measure its electrical consumption (collectively the “Supplemental System”), subject permit should be placed within a sturdy transparent frame as close to the conditions set forth in this Sectionwall mounted control for each supplemental unit. Lessor has agreed to include these items in Lessor’s Work at Lessee’s expense pursuant to Paragraph 7A A copy of the Lease and Addendum B. All specifications of the Supplemental System are subject to Lessor’s reasonable approval. Lessee shall maintain the Supplemental System and the affected areas of the Building in a clean, safe, operable and attractive condition and shall not permit or allow the Supplemental System or the affected areas of the Building to remain in any waste or damage where said waste or damage is attributable to the Lessee. Lessor further hereby grants Lessee the non-exclusive use of certain portions of the Building during the life of the Lease to use and maintain the Supplemental System. Lessee shall repair or replace, subject to Lessor’s reasonable direction and supervision, any damage should also be sent to the Building caused by the use and maintenance of the Supplemental System by Lessee or Lessee’s agents, contractors or inviteesOffice. If Lessee fails to make such repaid or replacements within fifteen (15) days of Lessor’s written notice of the occurrence of such damage, then Lessor may make the same at Lessor’s cost. The cost of any repair or replacement work performed by Lessor under this Section shall be paid by Lessee to Lessor immediately upon Lessor’s demand therefor. All work described in this Section shall be performed by duly licensed and skilled contractors and sub-contractors approved by Lessor in Lessor’ sole discretion. Lessee shall cause all contractors and sub-contractors to procure and maintain insurance coverage against such risks, in such amounts, and with such companies as may be reasonably acceptable to Lessor, and if requested by Lessor in writing to procure payment and performance bonds reasonably satisfactory to Lessor covering the cost of the work. All such work shall be performed in good and workmanlike manner so as not to damage the Building, the primary structure or structural qualities of the Building, or plumbing, electrical lines or other utility transmission facilities of the Building. Any repairs or maintenance shall be made in accordance with the provisions of this Lease for full payment and prohibition on mechanics’ liens. Lessee shall comply with all laws, orders, rules and regulations relating to the use, condition, ownership, operation, repair, removal and maintenance of the Supplemental System. If because of installation of the Supplemental System, the rate of insurance on the Building or its contents increases, Lessor shall provide Lessee with written proof thereof from the given insurance carrier(s), and then Lessee shall pay to Lessor the amount of such increase within 15 days after written demand from the Lessor, and failure to do so shall be a default under this Lease. Appropriate electrical consumption measuring devices (“Device”) shall be installed and shall interface with the existing on-site Building management computer system, with appropriate software programming of Device and existing computer system, so mat Lessor can remotely monitor Lessee’s electrical usage of the Supplemental System. Lessee shall pay to Lessor, as additional Rent, an amount equal to the cost of electricity as measured monthly and based on rates of service then currently being charged to Lessor by the electrical utility provider, plus a fee of $50.00 per month, as additional Rent, when payment is demanded by Lessor. Lessee agrees that Lessor has no obligation to provide any electrical or other services, perform any work or make any repairs to permit Lessee to operate the Supplemental System other than as provided herein. Once installed, Lessee may not relocate the Supplemental System without the prior written consent of Lessor. Upon the expiration or earlier termination of this Lease, Lessee shall at Lessee’s sole expense, cause the Supplemental System to be removed and restore the Premises to its condition prior to the making and installation of the Supplemental System, reasonable wear and tear excepted. In the event Lessee fails to remove or repair as required in this paragraph, then Lessor may undertake such options necessary to remove and/or repair and bxxx Lessee for costs of same which sums will he due on demand. Lessee shall promptly reimburse Lessor, as Additional Rent under the Lease, for the cost of such work, which reimbursement obligations shall survive termination of the Lease. Lessor shall not be liable to Lessee in any way for any interruption, curtailment, failure or defect in the Supplemental System unless due to Lessor’s gross negligence.Xxxxx Lang LaSalle
Appears in 1 contract
SUPPLEMENTAL AIR CONDITIONING. Lessee shall utilize a separate and supplemental air conditioning system to service the Premises together with the necessary lines to operate such air conditioning system through the mechanical chases of the Building and appropriate devices to measure Section 39.01 Tenant, at its electrical consumption (collectively the “Supplemental System”)cost, subject to the conditions set forth in this Section. Lessor has agreed to include these items in Lessor’s Work at Lessee’s expense pursuant to Paragraph 7A provisions of Article 5 of the Lease Lease, may also install up to five (5) tons of condenser water cooled supplemental air conditioning equipment in the Additional Premises, such installation to be in accordance with plans and Addendum B. All specifications of to be approved by Landlord, which approval shall not be unreasonably withheld or delayed (the Supplemental System are subject to Lessor’s reasonable approvalfive (5) ton air conditioning equipment being hereinafter collectively called the "Equipment"). Lessee Tenant, at its own cost, shall maintain the Supplemental System and the affected areas of the Building all such Equipment in a clean, safe, operable and attractive good condition and repair and shall not permit or allow the Supplemental System or the affected areas of the Building to remain make any replacements thereof as may be required. Tenant, at its own expense, shall obtain in any waste or damage where said waste or damage is attributable to the Lessee. Lessor further hereby grants Lessee the non-exclusive use of certain portions of the Building during the life of the Lease to use and maintain the Supplemental System. Lessee shall repair or replace, subject to Lessor’s reasonable direction and supervision, any damage to the Building caused by its own name the use permits for such Equipment and provide Landlord with copies of same. Tenant shall also obtain and pay for all annual renewal fees in connection therewith, and provide Landlord with a copy of such annual renewals. Tenant shall indemnify and hold Landlord harmless from and against any loss, claims, costs and expenses (including reasonable attorneys' fees) in connection with the repair and maintenance of said Equipment, excluding any claims resulting from Landlord's or any of its employees, contractors, agents or invitees negligence or willful misconduct. Tenant, at its cost, shall install a device to measure the Supplemental System by Lessee or Lessee’s agents, contractors or invitees. If Lessee fails to make such repaid or replacements within fifteen (15) days hours of Lessor’s written notice operation of the occurrence Equipment, which device is capable of providing a print-out verifying the date and time of usage and shall be read by Landlord. All such damageEquipment shall be subject to the determination by Landlord's electrical consultant, then Lessor may make the same at Lessor’s cost. The cost of any repair or replacement work performed by Lessor under this Section whose reasonable fees shall be paid by Lessee to Lessor immediately upon Lessor’s demand therefor. All work described in this Section shall be performed by duly licensed and skilled contractors and sub-contractors approved by Lessor in Lessor’ sole discretion. Lessee shall cause all contractors and sub-contractors to procure and maintain insurance coverage against such risksTenant, in such amounts, and with such companies as may be reasonably acceptable to Lessor, and if requested by Lessor in writing to procure payment and performance bonds reasonably satisfactory to Lessor covering of the cost of the work. All such work shall be performed in good and workmanlike manner so as not to damage the Building, the primary structure or structural qualities of the Building, or plumbing, electrical lines or other utility transmission facilities of the Building. Any repairs or maintenance shall be made in accordance additional electricity consumed by Tenant with the provisions of this Lease for full payment and prohibition on mechanics’ liens. Lessee shall comply with all laws, orders, rules and regulations relating respect to the use, condition, ownership, operation, repair, removal use and maintenance operation of the Supplemental Systemall such Equipment. If because of installation of the Supplemental System, the rate of insurance on the Building or its contents increases, Lessor shall provide Lessee with written proof thereof from the given insurance carrier(s), and then Lessee shall pay to Lessor the amount of such increase within 15 days after written demand from the Lessor, and failure to do so shall be a default under this Lease. Appropriate electrical consumption measuring devices (“Device”) shall be installed and shall interface with the existing on-site Building management computer system, with appropriate software programming of Device and existing computer system, so mat Lessor can remotely monitor Lessee’s electrical usage of the Supplemental System. Lessee shall pay to LessorTenant, as additional Rentrent, an amount equal agrees to pay for the cost of electricity as measured monthly determined by said consultant, within twenty (20) days after submission to Tenant of bills therefor. Any disputes as to the amount of such billing shall be resolved in the manner provided in Section 23.02. Tenant, at its cost, may tap into the existing Building condenser water riser and based on rates use up to five (5) tons of service then currently being charged condenser water. Tenant shall pay to Lessor by the electrical utility provider, plus Landlord a fee one time tap-in charge of $50.00 per month1,250.00.
Section 39.02 With respect to Tenant's use of condenser water, as additional Rent, when payment is demanded by Lessor. Lessee agrees that Lessor has no obligation Tenant shall pay to provide any electrical or other services, perform any work or make any repairs to permit Lessee to operate Landlord during each month of the Supplemental System other than as provided herein. Once installed, Lessee may not relocate the Supplemental System without the prior written consent of Lessor. Upon the expiration or earlier termination term of this Lease, Lessee shall at Lessee’s sole expense, cause an amount (the Supplemental System to be removed and restore the Premises to its condition prior "Monthly Condenser Water Amount") equal to the making and installation product obtained by multiplying (i) the number of tons of condenser water connected to the condenser water riser, to wit, five (5), times (ii) 1/12th of the Supplemental System, reasonable wear and tear excepted. In the event Lessee fails to remove or repair Condenser Water Charge (as required hereinafter defined) in this paragraph, then Lessor may undertake such options necessary to remove and/or repair and bxxx Lessee for costs of same which sums will he due on demand. Lessee shall promptly reimburse Lessor, as Additional Rent under the Lease, effect for the cost of calendar year in which such work, which reimbursement obligations month occurs. Landlord shall survive termination furnish bills to Tenant from time to time for the Monthly Condenser Water Amount and Tenant shall pay each such bill within ten (10) days after its receipt thereof. As of the LeaseCommexxxxent Date, the "Condenser Water Charge" is One Thousand Two Hundred Fifty Dollars ($1,250) per ton of cooling capacity, per annum. Lessor Landlord shall not be liable have the right to Lessee in any way for any interruption, curtailment, failure or defect in increase the Supplemental System unless due Condenser Water Charge from time to Lessor’s gross negligencetime based on Landlord's increased costs and expenses with respect to supplying condenser water to the System.
Appears in 1 contract
Samples: Lease (Escala Group Inc)
SUPPLEMENTAL AIR CONDITIONING. Lessee Section 41.01. Tenant, at Tenant’s cost and expense, shall utilize a separate have the right to use the existing five (5) ton and the existing three (3) ton (totaling eight (8) tons) water cooled supplemental air conditioning system to service systems (the Premises together with the necessary lines to operate such air conditioning system through the mechanical chases of the Building and appropriate devices to measure its electrical consumption (collectively the “"Supplemental System”), subject to ) currently located in the conditions set forth in this SectionDemised Premises. Lessor has agreed to include these items in Lessor’s Work at Lessee’s expense pursuant to Paragraph 7A of Landlord does not warrant the Lease and Addendum B. All specifications condition of the Supplemental System are subject and shall not be responsible for any problems that may occur due to Lessorany mechanical or other failure of the Supplemental System.
Section 41.02. Tenant, at Tenant’s reasonable approval. Lessee cost and expense, (i) may tap into the existing Building condenser water riser and use up to eight (8) tons of condenser water, (ii) shall maintain the Supplemental System and the affected areas of the Building in a clean, safe, operable and attractive good condition and repair and shall not permit or allow make any replacements thereof as may be required, and (iii) shall obtain in Tenant’s own name the use permits for the Supplemental System or the affected areas and provide Landlord with copies of the Building to remain same. Tenant shall also obtain and pay for annual renewal fees in any waste or damage where said waste or damage is attributable to the Lesseeconnection therewith, and provide Landlord with a copy of such annual renewals. Lessor further hereby grants Lessee the The Supplemental System may be operated by Tenant only during non-exclusive use business hours. Landlord, at Tenant's cost, shall have the right to install a device to measure the hours of certain portions of the Building during the life of the Lease to use and maintain the Supplemental System. Lessee shall repair or replace, subject to Lessor’s reasonable direction and supervision, any damage to the Building caused by the use and maintenance of the Supplemental System by Lessee or Lessee’s agents, contractors or invitees. If Lessee fails to make such repaid or replacements within fifteen (15) days of Lessor’s written notice of the occurrence of such damage, then Lessor may make the same at Lessor’s cost. The cost of any repair or replacement work performed by Lessor under this Section shall be paid by Lessee to Lessor immediately upon Lessor’s demand therefor. All work described in this Section shall be performed by duly licensed and skilled contractors and sub-contractors approved by Lessor in Lessor’ sole discretion. Lessee shall cause all contractors and sub-contractors to procure and maintain insurance coverage against such risks, in such amounts, and with such companies as may be reasonably acceptable to Lessor, and if requested by Lessor in writing to procure payment and performance bonds reasonably satisfactory to Lessor covering the cost of the work. All such work shall be performed in good and workmanlike manner so as not to damage the Building, the primary structure or structural qualities of the Building, or plumbing, electrical lines or other utility transmission facilities of the Building. Any repairs or maintenance shall be made in accordance with the provisions of this Lease for full payment and prohibition on mechanics’ liens. Lessee shall comply with all laws, orders, rules and regulations relating to the use, condition, ownership, operation, repair, removal and maintenance of the Supplemental System. If because of installation operation of the Supplemental System, which device is capable of providing a printout verifying the rate date and time of insurance on the Building or its contents increases, Lessor usage and shall provide Lessee with written proof thereof from the given insurance carrier(s), and then Lessee be read by Landlord. Tenant shall pay to Lessor Landlord, as additional rent, the amount cost of such increase the electricity consumed by the Supplemental System, as determined by Landlord, within 15 ten (10) days after written demand following Landlord's billing thereof. Tenant shall indemnify and hold Landlord harmless from the Lessorand against any loss, claims, costs, expenses and failure to do so shall be a default under this Lease. Appropriate electrical consumption measuring devices fees (“Device”including attorneys’ fees and disbursements) shall be installed and shall interface in connection with the existing on-site Building management computer systemrepair, with appropriate software programming of Device maintenance and existing computer system, so mat Lessor can remotely monitor Lessee’s electrical usage replacement of the Supplemental System.
Section 41.03. Lessee With respect to Tenant’s use of condenser water, Tenant shall pay to Lessor, as additional Rent, an amount equal to Landlord (i) the cost of electricity as measured monthly and based on rates of service then currently being charged to Lessor by the electrical utility provider, plus a fee sum of $50.00 per month2,000.00 as a “tap-in” fee, as additional Rent, when payment is demanded by Lessor. Lessee agrees that Lessor has no obligation to provide any electrical or other services, perform any work or make any repairs to permit Lessee to operate be paid upon the Supplemental System other than as provided herein. Once installed, Lessee may not relocate the Supplemental System without the prior written consent of Lessor. Upon the expiration or earlier termination execution of this Lease, Lessee shall at Lessee’s sole expenseand (ii) during each month of the term of this Lease, cause an amount (the Supplemental System to be removed and restore the Premises to its condition prior "Monthly Condenser Water Amount”) equal to the making product obtained by multiplying (x) the number of tons of condenser water connected to the condenser water riser, to wit, eight (8) times (which may be increased up to 12 tons upon written request by Tenant (y) 1/12th of the Condenser Water Charge (as hereinafter defined) in effect for the calendar year in which such month occurs. Landlord shall furnish bills to Tenant, from time to time, for the Monthly Condenser Water Amount and installation Tenant shall pay each such xxxx within ten (10) days after its receipt thereof. As of the date hereof, the "Condenser Water Charge” is Seven Hundred Fifty Dollars ($750.00) per ton of cooling capacity, per annum. From and after the fifth anniversary of the Commencement Date, Landlord shall have the right to increase the Condenser Water Charge, from time to time, based on Landlord’s increased costs and expenses with respect to supplying condenser water to the Supplemental System. Upon Tenant’s written request, Landlord shall furnish to Tenant reasonable wear and tear excepted. In the event Lessee fails to remove or repair as required in this paragraph, then Lessor may undertake such options necessary to remove and/or repair and bxxx Lessee for costs of same which sums will he due on demand. Lessee shall promptly reimburse Lessor, as Additional Rent under the Lease, for the cost evidence of such workincreased condenser water charges.
Section 41.04. Landlord, which reimbursement obligations shall survive termination of the Lease. Lessor shall not be liable upon notice to Lessee in any way for any interruption, curtailment, failure or defect Tenant (except in the Supplemental System unless due case of an emergency) reserves the right to Lessor’s gross negligenceshut down the condenser water for such period as Landlord reasonably determines is required for necessary repairs or service to the base Building condenser water system or as otherwise necessary in connection with the repair or installation of other tenants’ supplemental air conditioning systems, provided that Landlord shall employ commercially reasonable efforts to resume the provision of condenser water.
Appears in 1 contract
