Common use of Supplemental HVAC System Clause in Contracts

Supplemental HVAC System. Subject to the terms of this Section 7(e), Tenant shall have the right to install one (1) additional supplemental HVAC system in the Premises, at Tenant’s sole cost and expense, for the purpose of providing supplemental air-conditioning to the server room located in the Premises (the “Supplemental HVAC System”). In the event such Supplemental HVAC System is not installed in conjunction with the Tenant Improvements, then the installation of such system shall be governed by the terms of Section 8(a) of this Lease and Tenant shall utilize the same HVAC subcontractor used by Landlord for HVAC working in the Building. All aspects of the Supplemental HVAC System (including, but not limited to, the plans and specifications therefor and any connection to the Building’s chilled or condenser water system) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, unless the structural aspects of the Building, the Building systems, the exterior appearance of the Building and/or the certificate of occupancy issued for the Building or the Premises will be affected and/or the installation of the Supplemental HVAC System will violate any applicable Laws, in which event Landlord’s approval may be withheld in Landlord’s sole and absolute discretion. If the Supplemental HVAC System requires condenser water, then the condenser portion of same shall be located in the specific location within the Building (and which shall not be located in the Premises) designated by Landlord. Landlord shall designate a pathway for the connection between the condenser portion of the Supplemental HVAC System and the portion of the Supplemental HVAC System located in the Premises. Tenant shall install, in connection with the installation of the Supplemental HVAC System, meters or submeters to separately meter any utility service consumed by the Supplemental HVAC System, including, without limitation, condenser water and electricity, and Tenant shall pay to Landlord (or directly to the applicable utility, at Landlord’s option) the actual cost of the separately metered utility services consumed by the Supplemental HVAC System. The Supplemental HVAC System shall be and become part of the Premises and the property of Landlord, and shall be surrendered to Landlord upon the expiration or earlier termination on this Lease. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repair and replacement of the Supplemental HVAC System. Tenant shall also be obligated to maintain, repair, and replace, as necessary, any meters or sub-meters installed pursuant to this Section 7(e). In no event shall the Supplemental HVAC System be permitted to interfere with Landlord’s operation of the Building. Any reimbursements owing by Tenant to Landlord pursuant to this Section 7(e) shall be payable by Tenant within thirty (30) days of Tenant’s receipt of an invoice therefor.

Supplemental HVAC System. Subject to (a) (i) At any time during the terms of this Section 7(e)Term, Tenant shall have the right to install one (1) additional elect to use the supplemental HVAC system in units and the Premisesequipment related thereto located at the Premises on the date of this Lease (collectively, at Tenant’s sole cost the “Supplemental HVAC Units”). Prior to using any Supplemental HVAC Units, Tenant shall provide Landlord with all equipment plans and expense, for the purpose of providing supplemental air-conditioning specifications relating to the server room located in loads that would be imposed upon the Premises Supplemental HVAC System (hereinafter defined) (the “Supplemental HVAC SystemPlans”). In Landlord shall have the event such Supplemental HVAC System is not installed in conjunction with the right to deny Tenant Improvements, then the installation of such system shall be governed by the terms of Section 8(a) of this Lease and Tenant shall utilize the same HVAC subcontractor used by Landlord for HVAC working in the Building. All aspects use of the Supplemental HVAC System (including, but not limited to, the plans and specifications therefor and any connection to the Building’s chilled or condenser water system) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, unless the structural aspects of the Building, the Building systems, the exterior appearance of the Building and/or the certificate of occupancy issued for the Building or the Premises will be affected and/or the installation of Units if Landlord reasonably determines the Supplemental HVAC System will violate any applicable Laws, in which event Landlord’s approval may be withheld in Landlord’s sole and absolute discretion. If the Supplemental HVAC System requires condenser water, then the condenser portion of same shall be located in the specific location within the Building (and which shall not be located adequate to meet Tenant’s demand when used in conjunction with the Premises) designated by Landlord. Base Building HVAC system and Tenant’s Rooftop HVAC Units; provided, however, if Landlord shall designate a pathway for the connection between the condenser portion has approved Tenant’s use of the Supplemental HVAC System and Units, Landlord will not have the portion right to thereafter revoke such approval. Following Landlord’s receipt of the Supplemental HVAC System located Plans, Landlord shall provide written notice approving the Supplemental HVAC Plans or notice in the Premisesreasonable detail of Landlord’s reasonable disapproval of such Supplemental HVAC Plans (“Landlord’s Supplemental HVAC Plan Response”). If Landlord has not delivered to Tenant shall install, in connection with the installation Landlord’s Supplemental HVAC Plan Response within 7 days after Landlord’s receipt of the Supplemental HVAC SystemPlans, meters or submeters Tenant shall send a second notice which must state “SECOND AND FINAL REQUEST” at the top of the notice (the “Second HVAC Notice”). If Landlord has not delivered to separately meter any utility service consumed by Tenant Landlord’s Supplemental HVAC Plan Response within 7 days after Landlord receives the Second HVAC Notice, Landlord shall be deemed to have approved the Supplemental HVAC System, including, without limitation, condenser water and electricity, and Tenant shall pay to Plans. If Landlord (or directly to the applicable utility, at Landlord’s option) the actual cost approves of the separately metered utility services consumed by the Supplemental HVAC System. The Supplemental HVAC System shall be and become part of the Premises and the property of Landlord, and shall be surrendered to Landlord upon the expiration or earlier termination on this Lease. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repair and replacement use of the Supplemental HVAC System. Tenant shall also be obligated to maintainUnits, repair, and replace, as necessary, any meters Landlord’s engineer or sub-meters installed pursuant to this Section 7(e). In no event shall contractor will activate Tenant’s use of the Supplemental HVAC System be permitted Units. The minimum period for which Tenant can elect to interfere use a Supplemental HVAC Unit is 30 days and Tenant shall provide Landlord with Landlord’s operation of the Building. Any reimbursements owing by at least 30 days prior written notice if Tenant elects at any time to Landlord pursuant to this Section 7(e) shall be payable by Tenant within thirty (30) days of Tenant’s receipt of an invoice therefordiscontinue using any Supplemental HVAC Unit.

Supplemental HVAC System. Subject to the terms The installation of this Section 7(e), Tenant shall have the right to install one (1) additional any supplemental HVAC system in or exclusively serving the Premises, at Tenant’s sole cost and expense, Premises for the purpose of providing supplemental air-conditioning to the server room located in the Premises (the “Supplemental HVAC System”). In the event such Supplemental HVAC System is not installed in conjunction with the Tenant Improvements, then the installation of such system ) shall be governed by the terms of Section 8(a) Article 5 of this Lease and Tenant shall utilize the same HVAC subcontractor used this Section 10.14, and, if approved by Landlord for HVAC working in pursuant to the Buildingterms of Article 5 of this Lease and this Section 10.14, shall be performed by Tenant at its sole cost and expense. All aspects of the Supplemental HVAC System (including, but not limited to, the plans and specifications therefor and any connection to the Building’s chilled or condenser water systemtherefor) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, unless the structural aspects of the Building, the Building systemsSystems, the exterior appearance of the Building and/or the certificate of occupancy issued for the Building or the Premises will be materially and adversely affected and/or the installation of the Supplemental HVAC System will violate any applicable LawsRequirements, in which event Landlord’s approval may be withheld in Landlord’s sole and absolute discretion. If the Supplemental HVAC System requires condenser water, then the condenser portion of same shall be located in the specific location within the Building (and which shall not be located in the Premises) designated by Landlord. Landlord shall designate a pathway for the connection between the condenser portion of the Supplemental HVAC System and the portion of the Supplemental HVAC System located in the Premises. Tenant shall install, in In connection with the installation of the Supplemental HVAC Systemforegoing, meters or submeters to Landlord may, at Tenant’s sole cost and expense, separately meter any utility service consumed the electricity utilized by the Supplemental HVAC System, includingand, without limitationin any event, condenser water and electricity, and Tenant shall pay to reimburse Landlord (or directly to for the applicable utility, at Landlord’s option) the actual cost as reasonably determined by Landlord of the separately metered utility services consumed all electricity utilized by the Supplemental HVAC System. The Landlord shall provide condenser water to service the Supplemental HVAC System and Tenant shall be and become part pay to Landlord, the Actual Cost for such service. Landlord shall calculate the Actual Cost pursuant to the following formula: (i) the hours during which condenser water is supplied to the Premises, multiplied by (ii) number of tons of condenser water supplied to the Premises per hour, multiplied by (iii) the cost of supplying a ton of condenser water to the Premises (based on the cost of operating the condenser water system, including, without limitation, amount of the Premises water and electricity required to run the property condenser water system). Tenant shall not be obligated to pay any “tap” fees in connection with the use of the Supplemental HVAC System. Notwithstanding any provision to the contrary contained in this Lease, in the event that Supplemental HVAC System is located on the floor of the Premises, then, at Landlord’s election prior to the expiration or earlier termination of this Lease, and Tenant shall be surrendered surrender such Supplemental HVAC System to Landlord with the Premises upon the expiration or earlier termination on of this Lease, and Tenant shall thereafter have no further rights with respect thereto. In the event that Landlord fails to elect to have such Supplemental HVAC System surrendered to it upon the expiration or earlier termination of this Lease, then Tenant shall remove such Supplemental HVAC System prior to the expiration or earlier termination of this Lease, and repair all damage to the Building resulting from such removal, at Tenant’s sole cost and expense. If Tenant fails to timely perform such removal and/or repair work, then Landlord may (but shall not be obligated to) perform such work at Tenant’s sole cost and expense. Tenant shall not be obligated to remove the Supplemental HVAC System if it is located in the ceiling of the Premises. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repair repair, replacement, and replacement removal (subject to the foregoing terms of this Section 10.14), of the Supplemental HVAC System. Tenant shall also be obligated to maintain, repair, and replace, as necessary, any meters or sub-meters installed pursuant to this Section 7(e). In no event shall the Supplemental HVAC System be permitted to interfere with Landlord’s operation of the Building. Any reimbursements owing by Tenant to Landlord pursuant to this Section 7(e) 10.14 shall be payable by Tenant within thirty forty-five (3045) days of Tenant’s receipt of an invoice therefor.

Supplemental HVAC System. Subject to a. At any time during the terms of this Section 7(e)Term, Tenant shall have the right to install one (1) additional elect to use the supplemental HVAC system units, if any, and the equipment related thereto, if any, located at the Premises on the Effective Date, which equipment shall include any ceiling mounted supplemental HVAC units serving the Premises (collectively, the “Supplemental HVAC Units”). Notwithstanding the foregoing, prior to using any Supplemental HVAC Units, Tenant shall provide Landlord With all equipment plans and specifications relating to the loads that would be imposed upon the Supplemental HVAC System (hereinafter defined), and Landlord shall have the right to deny Tenant use of the Supplemental HVAC Units if Landlord determines the Supplemental HVAC System will not or might not be adequate to meet Tenant’s demand. In the event that Landlord rejects Tenant’s proposed plans and specifications relating to the Supplemental HVAC Units and/or Tenant’s use of the Supplemental HVAC System, Landlord shall work with Tenant’s engineers to design modifications to the Supplemental HVAC System (the “HVAC System Modifications”) that would permit Tenant to use the Supplemental HVAC Units and the Supplemental HVAC System in the Premisesmanner envisioned by Tenant; provided that all HVAC System Modifications (i) shall be subject to Landlord’s approval in its sole discretion; (ii) if approved by Landlord, shall be undertaken by Landlord at Tenant’s sole cost and expense; and (iii) shall, for the purpose of providing supplemental air-conditioning to the server room located in the Premises (the “Supplemental HVAC System”). In the event such Supplemental HVAC System is not installed in conjunction with the Tenant Improvements, then the installation of such system shall be governed by the terms of Section 8(a) of this Lease and Tenant shall utilize the same HVAC subcontractor used by Landlord for HVAC working in the Building. All aspects of the Supplemental HVAC System (including, but not limited to, the plans and specifications therefor and any connection to the Building’s chilled or condenser water system) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, unless the structural aspects of the Building, the Building systems, the exterior appearance of the Building and/or the certificate of occupancy issued for the Building or the Premises will be affected and/or the installation of the Supplemental HVAC System will violate any applicable Laws, in which event Landlord’s approval may be withheld in at Landlord’s sole and absolute discretion. If option, either (A) be removed by Tenant at the Supplemental HVAC System requires condenser water, then end of the condenser portion of same shall be located in the specific location within the Building Term (and which shall not be located in the Premises) designated by Landlord. Landlord shall designate a pathway for the connection between the condenser portion portions of the Supplemental HVAC System and the portion Building which are affected by such removal restored to their condition immediately prior to the installation of the HVAC System Modifications, reasonable wear and tear excepted), or (B) remain in the Building and owned by Landlord; provided however that if Landlord desires that Tenant remove any HVAC System Modifications at the end of the Term, Landlord must so indicate to Tenant at the time Tenant submits its plans and specifications describing the HVAC System Modifications proposed by Tenant; provided further however that Tenant shall not be obligated to remove the Existing HVAC Units at the end of the Term. Throughout the Term, Tenant shall bear all costs associated with the operation and repair of the HVAC System Modifications, as well as all incremental repair and maintenance costs to the Supplemental HVAC Units and the Supplemental HVAC System caused by the installation or use of the HVAC System Modifications, all as determined by Landlord, and Tenant shall reimburse Landlord for all such costs within forty-five (45) days after demand by Landlord. If Landlord approves of Tenant’s use of the Supplemental HVAC System located in the Premises. Tenant shall installUnits, in connection with the installation Landlord’s engineer or contractor will activate Tenant’s use of the Supplemental HVAC System, meters or submeters Units. The minimum period for which Tenant can elect to separately meter any utility service consumed by the use a Supplemental HVAC System, including, without limitation, condenser water and electricity, and Tenant shall pay to Landlord (or directly to the applicable utility, at Landlord’s option) the actual cost of the separately metered utility services consumed by the Supplemental HVAC System. The Supplemental HVAC System shall be and become part of the Premises and the property of Landlord, and shall be surrendered to Landlord upon the expiration or earlier termination on this Lease. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repair and replacement of the Supplemental HVAC System. Tenant shall also be obligated to maintain, repair, and replace, as necessary, any meters or sub-meters installed pursuant to this Section 7(e). In no event shall the Supplemental HVAC System be permitted to interfere with Landlord’s operation of the Building. Any reimbursements owing by Tenant to Landlord pursuant to this Section 7(e) shall be payable by Tenant within Unit is thirty (30) days of Tenant’s receipt of an invoice thereforand Tenant shall provide Landlord with at least fifteen (15) days prior written notice if Tenant elects at any time to discontinue using any Supplemental HVAC Unit.