Common use of Supplemental HVAC Units Clause in Contracts

Supplemental HVAC Units. A. Tenant, as part of the Initial Alterations, shall install one or more (as required pursuant to Section IX.D. or other provisions of this Lease) air-cooled stand alone package heating, ventilation and air conditioning system in the Premises (the 61 "Package Unit(s)"). Alternatively, or in addition to the foregoing, Tenant may utilize any existing supplemental HVAC units currently located in the Premises, although Landlord makes no representation or warranty as to the condition of any such existing units and Tenant acknowledges that such units are being made available in their "as is" condition and Tenant will be using any such existing units solely at its own risk. The Package Unit(s) installed by Tenant and any existing supplemental HVAC units utilized by Tenant collectively are called the "Supplemental HVAC Units". The type and design of any Package Units to be installed by or on behalf of Tenant shall be subject to the prior approval of Landlord. Also, the location of the Supplemental HVAC Units within the Premises, the manner in which the Supplemental HVAC Units will be vented, and the manner in which the Supplemental HVAC Units will access outside air shall also be subject to Landlord's prior approval. B. Tenant shall be responsible for the cost of all electricity consumed in connection with the operation of such Supplemental HVAC Units and for the cost of installing a submeter to measure such electrical consumption. Tenant, at its sole cost and expense, shall procure and maintain in full force and effect, a contract (the "Service Contract") for the service, maintenance, repair and replacement of the Supplemental HVAC Units with a HVAC 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 HVAC Units. The Service Contract shall provide that the contractor shall perform inspections of the Supplemental HVAC Units at intervals of not less than 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 the Supplemental HVAC Units, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Upon the expiration or earlier termination of this Lease, Tenant shall have the right to remove the Supplemental HVAC Units purchased by Tenant, and, to the extent required by Landlord pursuant to Article VIII of this Lease, Tenant shall be obligated to remove all such Supplemental HVAC Units purchased by Tenant from the Premises in accordance with Article VIII of this Lease.

Supplemental HVAC Units. A. Tenant, as part of Notwithstanding anything to the Initial Alterations, shall install one or more (as required pursuant to Section IX.D. or other provisions of contrary contained in this Lease) air-cooled stand alone package heating, ventilation and air conditioning system in the Premises (the 61 "Package Unit(s)"). Alternatively, or in addition to the foregoing, Tenant may utilize any existing supplemental HVAC units currently located in the Premises, although Landlord makes no representation or warranty as to the condition of any such existing units and Tenant acknowledges that such units are being made available in their "as is" condition and Tenant will be using any such existing units solely at its own risk. The Package Unit(s) installed by Tenant and any existing supplemental HVAC units utilized by Tenant collectively are called the "Supplemental HVAC Units". The type and design of any Package Units to be installed by or on behalf of Tenant shall be subject to the prior approval of Landlord. Also, the location of the Supplemental HVAC Units within the Premises, the manner in which the Supplemental HVAC Units will be vented, and the manner in which the Supplemental HVAC Units will access outside air shall also be subject to Landlord's prior approval. B. Tenant shall be responsible for the cost of all electricity consumed in connection with the operation of such Supplemental HVAC Units and for the cost of installing a submeter to measure such electrical consumption. Tenant, at its sole cost and expense, shall procure and maintain in full force and effect, a contract (any time during the "Service Contract") for the service, maintenance, repair and replacement of the Supplemental HVAC Units with a HVAC 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 HVAC Units. The Service Contract shall provide that the contractor shall perform inspections of the Supplemental HVAC Units at intervals of not less than 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 the Supplemental HVAC Units, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Upon the expiration or earlier termination of this LeaseLease Term, Tenant shall have the right but not the obligation to remove install, in accordance with, and subject to, the TCCs set forth in Article 8, below (or in accordance with the Work Letter if installed as part of the Improvements), in the Premises, at Tenant's sole cost and expense, subject to the application of the Improvement Allowance, as applicable, one (1) or more "Supplemental HVAC Units" (defined below) in order to provide Tenant's computer rooms, NOC, data center and/or other area(s) in the Premises with additional heating and cooling capacity. For purposes of clarification, Landlord shall only have a right to approve the manner and location in which Supplement HVAC Unit(s) are installed in the Premises (and Landlord shall not altogether disapprove of installation of Supplement HVAC Unit(s)). As used herein, the term "Supplemental HVAC Unit" shall mean a self-enclosed electric heating and cooling unit installed within the Premises, of the size and tonnage, and having the specifications, approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall have access to and use of a proportionate share of the Building's distributed water (i.e., water not used in the operation of the Base Building) for such facilities and Tenant shall pay to Landlord an amount equal to the actual costs to supply such distributed water, including any increased depreciation of the Building Systems used to supply distributed water. At the end of the Lease Term, at Landlord's option, Tenant shall either: (1) remove, at Tenant's sole cost and expense, any Supplemental HVAC Unit and restore all portions of the Premises and the Building affected by such removal to their condition immediately prior to the installation of such equipment, ordinary wear and tear excepted; or (2) leave any such Supplemental HVAC Unit in place, in which event the Supplemental HVAC Units purchased by Tenant, and, to the extent required by Landlord pursuant to Article VIII of this Lease, Tenant Unit shall be obligated to remove all such Supplemental HVAC Units purchased by Tenant from the Premises in accordance with Article VIII property of this LeaseLandlord.

Supplemental HVAC Units. A. Tenant, as part of Notwithstanding anything to the Initial Alterations, shall install one or more (as required pursuant to Section IX.D. or other provisions of contrary contained in this Lease) air-cooled stand alone package heating, ventilation and air conditioning system in the Premises (the 61 "Package Unit(s)"). Alternatively, or in addition to the foregoing, Tenant may utilize any existing supplemental HVAC units currently located in the Premises, although Landlord makes no representation or warranty as to the condition of any such existing units and Tenant acknowledges that such units are being made available in their "as is" condition and Tenant will be using any such existing units solely at its own risk. The Package Unit(s) installed by Tenant and any existing supplemental HVAC units utilized by Tenant collectively are called the "Supplemental HVAC Units". The type and design of any Package Units to be installed by or on behalf of Tenant shall be subject to the prior approval of Landlord. Also, the location of the Supplemental HVAC Units within the Premises, the manner in which the Supplemental HVAC Units will be vented, and the manner in which the Supplemental HVAC Units will access outside air shall also be subject to Landlord's prior approval. B. Tenant shall be responsible for the cost of all electricity consumed in connection with the operation of such Supplemental HVAC Units and for the cost of installing a submeter to measure such electrical consumption. Tenant, at its sole cost and expense, shall procure and maintain in full force and effect, a contract (any time during the "Service Contract") for the service, maintenance, repair and replacement of the Supplemental HVAC Units with a HVAC 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 HVAC Units. The Service Contract shall provide that the contractor shall perform inspections of the Supplemental HVAC Units at intervals of not less than 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 the Supplemental HVAC Units, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Upon the expiration or earlier termination of this LeaseLease Term, Tenant shall have the right but not the obligation to remove install, in accordance with, and subject to, the terms and conditions set forth in Article 8, below (or in accordance with the Work Letter if installed as part of the Improvements), in the Premises, at Tenant’s sole cost and expense, subject to the application of the Improvement Allowance, as applicable, one (1) or more “Supplemental HVAC Units purchased Units” (defined below) in order to provide Tenant’s computer rooms, NOC, data center and/or other area(s) in the Premises with additional heating and cooling capacity. For purposes of clarification, Landlord shall only have a right to approve the manner and location in which Supplement HVAC Unit(s) are installed in the Premises (and Landlord shall not altogether disapprove of installation of Supplement HVAC Unit(s)). As used herein, the term “Supplemental HVAC Unit” shall mean a self-enclosed electric heating and cooling unit of the size and tonnage, and having the specifications, approved by TenantLandlord, andwhich approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall have access to and use of a proportionate share of the Building’s distributed water (i.e., water not used in the operation of the Base Building) for such facilities and Tenant shall pay to Landlord an amount equal to the extent required by Landlord pursuant actual costs to Article VIII supply such distributed water, including any increased depreciation of this Leasethe Building Systems used to supply distributed water. At the end of the Lease Term, Tenant shall be obligated to remove all such remove, at Tenant’s sole cost and expense, any Supplemental HVAC Units purchased by Tenant from Unit and restore all portions of the Premises in accordance with Article VIII and the Building affected by such removal to their condition immediately prior to the installation of this Leasesuch equipment, ordinary wear and tear excepted.

Supplemental HVAC Units. A. Tenant, as part of Notwithstanding anything to the Initial Alterations, shall install one or more contrary contained in this Lease (as required pursuant but subject to Section IX.D. or other provisions of this Lease) air-cooled stand alone package heating, ventilation and air conditioning system in any limitations on electricity capacity to the Premises (the 61 "Package Unit(sas set forth in this Article 6)"). Alternatively, or in addition to the foregoing, Tenant may utilize any existing supplemental HVAC units currently located in the Premises, although Landlord makes no representation or warranty as to the condition of any such existing units and Tenant acknowledges that such units are being made available in their "as is" condition and Tenant will be using any such existing units solely at its own risk. The Package Unit(s) installed by Tenant and any existing supplemental HVAC units utilized by Tenant collectively are called the "Supplemental HVAC Units". The type and design of any Package Units to be installed by or on behalf of Tenant shall be subject to the prior approval of Landlord. Also, the location of the Supplemental HVAC Units within the Premises, the manner in which the Supplemental HVAC Units will be vented, and the manner in which the Supplemental HVAC Units will access outside air shall also be subject to Landlord's prior approval. B. Tenant shall be responsible for the cost of all electricity consumed in connection with the operation of such Supplemental HVAC Units and for the cost of installing a submeter to measure such electrical consumption. Tenant, at its sole cost and expense, shall procure and maintain in full force and effect, a contract (any time during the "Service Contract") for the service, maintenance, repair and replacement of the Supplemental HVAC Units with a HVAC 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 HVAC Units. The Service Contract shall provide that the contractor shall perform inspections of the Supplemental HVAC Units at intervals of not less than 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 the Supplemental HVAC Units, together with any recommendations for maintenance, repair and/or replacement thereof. Said report shall be furnished to Tenant with a copy to Landlord. Upon the expiration or earlier termination of this LeaseLease Term, Tenant shall have the right but not the obligation to remove install, in accordance with, and subject to, the terms and conditions set forth in Article 8, below (or in accordance with the Work Letter if installed as part of the Improvements), in the Premises, at Tenant’s sole cost and expense, subject to the application of the Improvement Allowance, as applicable, one (1) or more "Supplemental HVAC Unit" (defined below) in order to provide Tenant’s computer rooms, NOC, data center and/or other area(s) in the Premises with additional heating and cooling capacity. For purposes of clarification, Landlord shall only have a right to approve the manner and location in which Supplement HVAC Unit(s) are installed in the Premises (and Landlord shall not altogether disapprove of installation of Supplement HVAC Unit(s)). As used herein, the term “Supplemental HVAC Unit” shall mean, collectively, one or more self-enclosed electric heating and cooling unit of the size and tonnage, and having the specifications, approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall have access to and use of the then available capacity of the Building’s distributed water (i.e., water not used in the operation of the Base Building) for the use of tenants for such facilities and Tenant shall pay to Landlord an amount equal to the actual costs to supply such distributed water, including any increased depreciation of the Building Systems used to supply distributed water. At the end of the Lease Term, at Landlord’s option, Tenant shall either: (1) remove, at Tenant’s sole cost and expense, any Supplemental HVAC Unit and restore all portions of the Premises and the Building affected by such removal to their condition immediately prior to the installation of such equipment, ordinary wear and tear excepted; or (2) leave any such Supplemental HVAC Unit in place, in which event the Supplemental HVAC Units purchased by Tenant, and, to the extent required by Landlord pursuant to Article VIII of this Lease, Tenant Unit shall be obligated to remove all such Supplemental HVAC Units purchased by Tenant from the Premises in accordance with Article VIII property of this LeaseLandlord.