Supplemental HVAC. If any supplemental HVAC unit (a “Unit”) serves the Premises, then (a) Tenant shall pay the costs of all electricity consumed in the Unit’s operation, together with the cost of installing a meter to measure such consumption; (b) Tenant, at its expense, shall (i) operate and maintain the Unit in compliance with all applicable Laws and such reasonable rules and procedures as Landlord may impose; (ii) keep the Unit in as good working order and condition as exists upon its installation (or, if later, on the date Tenant takes possession of the Premises), subject to normal wear and tear and damage resulting from Casualty; (iii) maintain in effect, with a contractor reasonably approved by Landlord, a contract for the maintenance and repair of the Unit, which contract shall require the contractor, at least once every three (3) months, to inspect the Unit and provide to Tenant a report of any defective conditions, together with any recommendations for maintenance, repair or parts-replacement; (iv) follow all reasonable recommendation of such contractor; and (v) promptly provide to Landlord a copy of such contract and each report issued thereunder; (c) the Unit shall become Landlord’s property upon installation and without compensation to Tenant; provided, however, that upon Landlord’s request at the expiration or earlier termination hereof, Tenant, at its expense, shall remove the Unit and repair any resulting damage; (d) the Unit shall be deemed (i) a Leasehold Improvement (except for purposes of Section 8), and (ii) for purposes of Section 11, part of the Premises; (e) if the Unit exists on the date of mutual execution and delivery hereof, Tenant accepts the Unit in its “as is” condition, without representation or warranty as to quality, condition, fitness for use or any other matter; (f) if the Unit connects to the Building’s condenser water loop (if any), then Tenant shall pay to Landlord, as Additional Rent, Landlord’s standard one-time fee for such connection and Landlord’s standard monthly per-ton usage fee; and (g) if any portion of the Unit is located on the roof, then (i) Tenant’s access to the roof shall be subject to such reasonable rules and procedures as Landlord may impose; (ii) Tenant shall maintain the affected portion of the roof in a clean and orderly condition and shall not interfere with use of the roof by Landlord or any other tenants or licensees; and (iii) Landlord may relocate the Unit and/or temporarily interrupt its operation, without lia...
Supplemental HVAC. Subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install a supplemental HVAC system serving all or any portion of the Premises. Any such supplemental HVAC system shall be installed pursuant to the terms of Article 8 and shall be deemed an Alteration for purposes of this Lease; provided, however, it shall be deemed reasonable for Landlord to withhold its approval to the extent any such installation would materially interfere with the occupancy of other tenants in the Building, or would materially interfere with, or materially increase the cost of, Landlord’s maintenance or operation of the Building, unless Tenant agrees to pay for such increased costs and such installation would not result in Landlord being in breach or default under any other tenant’s lease. Tenant shall have the option either to utilize the Building’s chilled or condenser water, at Landlord’s actual cost without markup, or to install in or on the Building (including the roof) the necessary equipment to supply a sufficient quantity of chilled or condenser water to the Premises and to connect the equipment to the Premises through the Building shafts and systems. If Tenant connects into the Building’s chilled or condenser water system pursuant to the terms of the foregoing sentence, then Landlord shall install a submetering device at Tenant’s sole cost and expense, which shall measure the flow of chilled or condenser water to the Premises, and Tenant shall pay Landlord for Tenant’s use of chilled or condenser water at Landlord’s actual cost. Tenant shall bear all costs of the equipment and installation.
Supplemental HVAC. Tenant may elect to install one or more additional HVAC systems inside, and/or outside of the Premises in locations reasonably approved by Landlord (each, a “Tenant HVAC System”), unless the Building structure, the Building systems, and/or the exterior appearance of the Building will be materially and adversely affected, in which event Landlord’s approval may be withheld in Landlord’s sole and absolute discretion. Tenant’s installation of the Tenant HVAC System shall comply with and be governed by the terms of this Lease. Tenant acknowledges that such Tenant HVAC System installation will constitute an over-standard electrical use, and that in such event Tenant will be required to install, at Tenant’s sole cost and expense, a device to separately meter such increased electrical use, and Tenant shall pay the increased cost directly to Landlord (or Landlord’s property manager), within thirty (30) days after demand including an administrative fee (not to exceed five percent [5%] of such cost),. However, Landlord hereby approves Tenant’s existing supplemental HVAC, as the same may be modified, replaced or upgraded in accordance with the provisions of this Lease, acknowledges that they are not separately metered (nor will be required to be separately metered), and the usage thereof shall not shall be deemed over-standard usage. If Tenant elects to terminate the Lease under Rider No. 5 attached hereto, to reduce the size of the Premises under Rider No. 4 attached hereto, or if Landlord terminates the Lease due to a Tenant Event of Default, then, at Landlord’s election delivered to Tenant in writing not later than ninety (90) days prior to the Termination Date (as defined in Rider No. 5) (or as soon as practicable following an Event of Default or Tenant’s exercise of a Contraction Right under Rider No. 4), Tenant shall remove the Tenant HVAC System prior to the expiration or earlier termination of this Lease, and repair all damage to the Building resulting from such removal, normal wear and tear excepted, at Tenant’s sole cost and expense. Tenant shall leave the existing aforementioned supplemental HVAC and, if Landlord does not elect in writing (as provided above) for the Tenant to remove the Tenant HVAC System, Tenant shall leave the Tenant HVAC System in the Premises upon the expiration or earlier termination of this Lease, in its then existing “as is” condition, and Tenant shall thereafter have no further rights with respect thereto. Tenant shall be solely res...
Supplemental HVAC. 46.1 Tenant shall have the right to maintain in place all HVAC systems existing as of the date of this Lease for exclusive use by Tenant on the roof of the Building and to supplement same to the extent that the roof can support the weight of such tonnage, as reasonably determined by Landlord. In the event such additional HVAC equipment cannot be accommodated on the roof, then Tenant shall have the right to install said HVAC equipment in or on another location (e.g., landscaped area outside the Building) reasonably acceptable to Landlord and Tenant. Tenant shall also have the right to install in the Demised Premises supplemental HVAC systems at locations determined by Tenant.
Supplemental HVAC. If Tenant operates a supplemental HVAC unit in the Premises for cooling of a dedicated server room or otherwise, whether such unit is was existing on the Commencement Date, installed by Landlord as part of Landlord’s Work to prepare the Premises for Tenant’s occupancy, or installed later by Tenant as a Tenant’s Change, Tenant shall pay to Landlord as an extra service charge all costs of operating such supplementary HVAC unit in accordance with the provisions of § 8.6.4 above as determined by separate metering or the reasonable estimate of Landlord’s engineer.
Supplemental HVAC. 46.1 Tenant shall have the right to install up to one thousand two hundred (1,200) nominal cooling tons of supplemental air cooled HVAC for exclusive use by Tenant on the roof of the Building to the extent that the roof can support the weight of such tonnage, as reasonably determined by Landlord. In the event such HVAC equipment cannot be accommodated on the roof, then Tenant shall have the right to install said HVAC equipment in or on another location (e.g., landscaped area outside the Building) reasonably acceptable to Landlord and Tenant. Tenant shall also have the right to install in the Demised Premises supplemental HVAC systems at locations determined by Tenant.
Supplemental HVAC. Tenant shall be entitled to install, as an initial Improvement or as an Alteration, dedicated heating, ventilation and air conditioning units (“Supplemental Units”) within the Premises at Tenant’s sole cost and expense. The plans and specifications for any Supplemental Units shall, as indicated in Article 9 above and the Tenant Work Letter (as applicable), be subject to Landlord’s reasonable approval. If Tenant elects to install Supplemental Units within the Premises, Tenant shall also install, at Tenant’s sole cost and expense, separate meters or at Landlord’s option, submeters, in order to measure the amount of electricity furnished to such units and Tenant shall be responsible for Landlord’s actual cost of supplying electricity to such units as reflected by such meters or submeters, which amounts shall be payable on a monthly basis as Additional Rent. Tenant shall be solely responsible for maintenance and repair of the Supplemental Units and such units shall, at Landlord’s option, be considered to be a fixture within the Premises and in such case shall remain upon the Premises upon the expiration or earlier termination of the Lease Term or any applicable Option Term.
Supplemental HVAC. Tenant shall have the right to install supplemental HVAC equipment on the roof of the Building in order to providing supplemental cooling for the "Data Center" hereinafter described. Tenant may utilize existing screening located on the roof, but shall be required to add additional screening if the height of the supplemental equipment so requires. Such installation shall be performed by Tenant, at Tenant's sole cost, in accordance with all applicable codes and regulations. Before commencing such installation, Tenant shall submit plans and specifications to Landlord for Landlord's approval as to the location of the equipment, the type and extent of screening and other pertinent details for Landlord's prior written approval.
Supplemental HVAC. (a) Subject to the terms and conditions of this Section 8, Tenant may install a new supplemental HVAC system serving the Premises (the “Supplemental HVAC System”). The Supplemental HVAC System shall be deemed to constitute Tenant Improvements for all purposes of this Lease and, except as otherwise expressly provided in this Section 8, shall be installed in the Premises by Tenant in accordance with terms and conditions of the Tenant Improvement Agreement. Tenant acknowledges that the rights contained in this Section 8 are non-exclusive, and that Landlord may grant such rights to any other tenant in the Building or any other licensee of Landlord’s choice (whether or not such licensee is a tenant of the Building).
Supplemental HVAC. Tenant shall not use any method of heating or air conditioning other than that supplied or approved in writing by Landlord.
