Common use of Supplemental HVAC Unit Clause in Contracts

Supplemental HVAC Unit. Tenant, at its sole cost and expense, may utilize the existing HVAC system in the Premises or, upon receipt of Landlord’s consent, which consent shall not be unreasonably withheld, replace such existing HVAC system with up to one 6-ton supplemental HVAC unit in the Premises (in any event, the “Tenant HVAC System”). Tenant shall be allowed continuous access to, and reasonable use of, the Building condenser water and the condenser water loop of the Building’s mechanical HVAC system, free of charge (provided that the foregoing shall be subject to Landlord’s prior approval of Tenant’s plans and specifications in the event of Tenant’s installation of a replacement Tenant HVAC System). Notwithstanding any contrary terms contained in this Section 6.5, Landlord and Tenant hereby agree that it shall be deemed reasonable for Landlord to withhold its consent to the installation of any replacement Tenant HVAC System unit(s) if, in Landlord’s reasonable opinion, such installation would require the use by Tenant of more than Tenant’s pro-rata share of the condenser water of the Building. In the event that any such replacement Tenant HVAC System is not installed as an “Improvement,” as that term is defined in Article 1 of the Work Letter, in accordance with the terms of the Work Letter, then Tenant agrees to install such Tenant HVAC System in compliance with Article 8 of this Lease and to reimburse Landlord, at Landlord’s actual cost, for any costs incurred by Landlord in connection with such installation and use. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, replacement and repair of the Tenant HVAC System. At Tenant’s option, Tenant may either (i) remove the Tenant HVAC System from the Premises prior to the expiration or earlier termination of this Lease, and repair any damage to the Building and/or the Premises, as applicable, caused by such removal and restore the portion of the Building and/or the Premises, as applicable, affected by such removal to the condition existing prior to the installation of such Tenant HVAC System, or (ii) leave the Tenant HVAC System in the Premises, in which event the same shall become a part of the realty and belong to Landlord and shall be surrendered with the Premises upon the expiration or earlier termination of this Lease.

Supplemental HVAC Unit. Tenant, at its sole cost and expense, may utilize the existing HVAC system in the Premises or, upon receipt of Landlord’s consent, which consent shall not be unreasonably withheld, replace such existing HVAC system with up to one 6-ton supplemental HVAC unit in the Premises (in any event, the “Tenant HVAC System”). Tenant shall be allowed continuous access to, and reasonable use of, the Building condenser water and the condenser water loop of the Building’s mechanical HVAC system, free of charge (provided that the foregoing shall be subject to Landlord’s prior approval of Tenant’s plans and specifications in the event of Tenant’s installation of a replacement Tenant HVAC System). Notwithstanding any contrary terms contained in this Section 6.5, Landlord and Tenant hereby expressly acknowledge and agree that it shall be deemed reasonable for Landlord to withhold its consent to the installation of any replacement Tenant HVAC System unit(s) ifshall, in Landlord’s reasonable opinion, such installation would require the use by Tenant of more than Tenant’s pro-rata share as part of the condenser water of Tenant Work and in accordance with the Building. In the event that any Tenant Plans (as such replacement Tenant HVAC System is not installed as an “Improvement,” as that term is defined in Article 1 Exhibit B attached hereto): (i) install in the Premises that certain supplemental HVAC unit (the "Supplemental HVAC Unit") more particularly described in the Tenant Plans, which installation shall comply with applicable law; (ii) connect the Supplemental HVAC Unit to the Building's condenser water (1) the Supplemental HVAC Unit shall be in good working order and repair; and (2) Landlord shall assign to Tenant any and all warranties relating to the operation or installation of the Work LetterSupplemental HVAC Unit (or if such assignment is not permitted, in accordance Landlord shall, upon Tenant's request, enforce such warranties). Provided Landlord has complied with the terms foregoing provisions of this Section 28, then, throughout the Term, Tenant shall (A) cause the Supplemental HVAC Unit to comply with all applicable laws, statutes and ordinances; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the Supplemental HVAC Unit at least once a year to insure that such equipment is functioning properly; (C) maintain the Supplemental HVAC Unit in good order and repair; (D) maintain insurance coverages with respect thereto as are reasonably required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the Work Letter, then Tenant agrees to install such Tenant Supplemental HVAC System in compliance with Article 8 of this Lease and to reimburse Landlord, at Landlord’s actual cost, for any costs incurred by Landlord in connection with such installation and useUnit. Tenant shall be solely responsibleimmediately report to Landlord if Tenant determines that the Supplemental HVAC Unit is not functioning properly, at Tenant’s sole cost and expenseis leaking or is in violation of any applicable laws. Tenant shall promptly repair all equipment malfunctions or violations of law arising out of the operation of the Supplemental HVAC Unit. Tenant shall enter into annual service contracts with reputable engineering firms, including environmental engineering firms, for the monitoringinspection, operation, replacement maintenance and repair of the Supplemental HVAC Unit, and Tenant HVAC Systemshall provide such service contracts to Landlord on demand. Should Tenant fail to properly maintain or repair such equipment or fail to enter into the service contracts described above, Landlord may, but shall not be obligated to, undertake such maintenance or repairs or enter into such service contracts, and all such reasonable costs shall constitute additional rent under the Lease. At Tenant’s option, Tenant may either (i) remove the Tenant HVAC System from the Premises prior to the expiration or earlier termination of this Leasethe Term, and repair any damage to Tenant shall surrender the Building and/or Supplemental HVAC Unit with the Premises. Within ten (10) days after receipt of an invoice therefor, Tenant shall pay Landlord for (a) all water utilized by the Supplemental HVAC Unit; and (b) all electricity consumed by the Supplemental HVAC Unit, as applicable, caused measured by such removal and restore the portion of the Building and/or the Premises, as applicable, affected by such removal to the condition existing prior to the installation of such Tenant HVAC System, or (ii) leave the Tenant HVAC System in the Premises, in which event the same shall become a part of the realty and belong to Landlord and shall be surrendered with the Premises upon the expiration or earlier termination of this LeaseCheck Meter.

Supplemental HVAC Unit. Tenant, at its sole cost and expense (subject to the terms of Exhibit B attached hereto) shall be permitted to install a supplemental air conditioning unit (the “Supplemental Unit”) for use in the Premises, subject to the terms of this Article 48. Tenant shall provide Landlord with not less than thirty (30) days’ prior written notice before installing any Supplemental Unit and Tenant’s installation of any Supplemental Unit shall comply with the terms of Article 6 of this Lease. Landlord and Tenant acknowledge and agree that all electricity used by Tenant for the operation of the Supplemental Unit is deemed to be excess electrical usage as described in Section 13.4 of the Lease, and Tenant agrees to pay Landlord for all such electricity used by Tenant. Notwithstanding anything elsewhere in the Lease to the contrary, Tenant shall be responsible, at its cost, for maintaining and repairing any Supplemental Unit to the reasonable satisfaction of Landlord and the cost of purchasing and installing a submeter for any Supplemental Unit to measure electricity consumed in connection with such Supplemental Unit. Tenant, at its sole cost and expense, may utilize the existing HVAC system shall procure and maintain in the Premises orfull force and effect, upon receipt of Landlord’s consent, which consent shall not be unreasonably withheld, replace such existing HVAC system with up to one 6-ton supplemental HVAC unit in the Premises a contract (in any event, the “Tenant Service Contract”) for the service, maintenance, repair and replacement of any Supplemental Unit with an asbestos-certified HVAC System”)service and maintenance contracting firm reasonably acceptable to Landlord. Tenant shall be allowed continuous access tofollow all reasonable recommendations of said contractor for the maintenance, repair and reasonable use of, the Building condenser water and the condenser water loop replacement of any Supplemental Unit. A copy of the Buildingthen current Service Contract shall be delivered to Landlord upon Landlord’s mechanical HVAC system, free of charge (provided request therefor. The Service Contract shall provide that the foregoing contractor shall be subject to Landlord’s prior approval of Tenant’s plans and specifications in the event of Tenant’s installation of a replacement Tenant HVAC System). Notwithstanding any contrary terms contained in this Section 6.5, Landlord and Tenant hereby agree that it shall be deemed reasonable for Landlord to withhold its consent to the installation perform inspections of any Supplemental Unit at intervals of not less than three (3) months and that having made such inspections, said contractor shall furnish a complete report of any defective conditions found to be existing with respect to any Supplemental Unit, together with any recommendations for maintenance, repair and/or replacement Tenant HVAC System unit(s) if, in Landlord’s reasonable opinion, such installation would require the use by Tenant of more than Tenant’s pro-rata share of the condenser water of the Buildingthereof. In the event that any such replacement Tenant HVAC System is not installed as an “Improvement,” as that term is defined in Article 1 of the Work Letter, in accordance with the terms of the Work Letter, then Tenant agrees to install such Tenant HVAC System in compliance with Article 8 of this Lease and to reimburse Landlord, at Landlord’s actual cost, for any costs incurred by Landlord in connection with such installation and use. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, replacement and repair of the Tenant HVAC System. At Tenant’s option, Tenant may either (i) remove the Tenant HVAC System from the Premises prior to the Upon expiration or earlier termination of this Lease, and repair title to any damage Supplemental Unit shall pass to Landlord although, upon the Building and/or the Premisesrequest of Landlord, as applicableTenant shall be required to remove any Supplemental Unit, caused by such removal and restore the portion of the Building and/or the Premises, as applicable, affected by such removal to the condition existing prior to the installation of such Tenant HVAC System, or (ii) leave the Tenant HVAC System in the Premisesat Tenant’s cost, in which event the same shall become a part of the realty and belong to Landlord and shall be surrendered accordance with the Premises upon the expiration or earlier termination terms of Article 26 of this Lease. The foregoing right shall not require Landlord to upgrade or otherwise modify any existing Building systems.

Supplemental HVAC Unit. Tenant shall be permitted to install, at its sole cost and expense, a supplemental air conditioning unit (the “Supplemental Unit”) for use in the Suite 700 Expansion Space, subject to the terms of this Section 11. Tenant shall provide Landlord with not less than thirty (30) days prior written notice before installing the Supplemental Unit and Tenant’s installation of the Supplemental Unit shall comply with the terms of Article 6 of the Original Lease. The size and design of the Supplemental Unit, the manner in which the Supplemental Unit will be vented and access outside air, if applicable, shall be subject to Landlord’s prior reasonable written approval. In no event shall the Supplemental Unit connect to the Building’s condenser water loop. Tenant shall be responsible, at its cost, for maintaining and repairing the Supplemental Units to the reasonable satisfaction of Landlord and the cost of purchasing and installing a submeter for the Supplemental Unit to measure electricity consumed in connection with such Supplemental Unit, as well as the cost of all such electricity that is consumed. Tenant, at its sole cost and expense, may utilize the existing HVAC system shall procure and maintain in the Premises orfull force and effect, upon receipt of Landlord’s consent, which consent shall not be unreasonably withheld, replace such existing HVAC system with up to one 6-ton supplemental HVAC unit in the Premises a contract (in any event, the “Tenant Service Contract”) for the service, maintenance, repair and replacement of the Supplemental Unit with an asbestos-certified HVAC System”)service and maintenance contracting firm reasonably acceptable to Landlord. Tenant shall follow all reasonable recommendations of said contractor for the maintenance, repair and replacement of the Supplemental Unit. A copy of the then current Service Contract shall be allowed continuous access todelivered to Landlord annually. The Service Contract shall provide that the contractor shall perform inspections of the Supplemental Unit at reasonable intervals, based on the type of Supplemental Unit installed by Tenant, and reasonable use ofthat having made such inspections, said contractor shall furnish a complete report of any defective conditions found to be existing with respect to the Building condenser water and the condenser water loop Supplemental Unit, together with any recommendations for maintenance, repair and/or replacement thereof. Upon expiration or earlier termination of the Building’s mechanical HVAC systemLease, free of charge (provided that the foregoing as amended hereby, Tenant shall be subject required to Landlord’s prior approval of remove the Supplemental Unit, at Tenant’s plans and specifications in the event of Tenant’s installation of a replacement Tenant HVAC System). Notwithstanding any contrary terms contained in this Section 6.5, Landlord and Tenant hereby agree that it shall be deemed reasonable for Landlord to withhold its consent to the installation of any replacement Tenant HVAC System unit(s) if, in Landlord’s reasonable opinion, such installation would require the use by Tenant of more than Tenant’s pro-rata share of the condenser water of the Building. In the event that any such replacement Tenant HVAC System is not installed as an “Improvement,” as that term is defined in Article 1 of the Work Lettercost, in accordance with the terms of the Work Letter, then Tenant agrees to install such Tenant HVAC System in compliance with Article 8 of this Lease and to reimburse Landlord, at Landlord’s actual cost, for any costs incurred by Landlord in connection with such installation and use. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, replacement and repair 26 of the Tenant HVAC SystemOriginal Lease. At Tenant’s option, Tenant may either (i) remove the Tenant HVAC System from the Premises prior The foregoing right shall not require Landlord to the expiration upgrade or earlier termination of this Lease, and repair otherwise modify any damage to the existing Building and/or the Premises, as applicable, caused by such removal and restore the portion of the Building and/or the Premises, as applicable, affected by such removal to the condition existing prior to the installation of such Tenant HVAC System, or (ii) leave the Tenant HVAC System in the Premises, in which event the same shall become a part of the realty and belong to Landlord and shall be surrendered with the Premises upon the expiration or earlier termination of this Leasesystems.