Common use of Supplemental HVAC Units Clause in Contracts

Supplemental HVAC Units. Notwithstanding anything to the contrary contained in this Lease, at any time during the Lease Term, Tenant shall have the right but not the obligation to 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” (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 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, Tenant shall 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.

Appears in 1 contract

Samples: Office Lease (Unity Software Inc.)

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Supplemental HVAC Units. Notwithstanding anything Subject to the contrary contained in terms of this Lease, at any time during the Lease TermSection 8.10, Tenant shall have be permitted to use the right but not three supplemental HVAC units (the obligation to 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), “Supplemental HVAC Units”) that currently exist in the Premises, Expansion Space. Such use shall be at Tenant’s sole risk, cost and expense, subject and Landlord shall have no responsibility with respect to the application Tenant’s use 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 “The Supplemental HVAC Unit” shall mean a self-enclosed electric heating and cooling unit of Units are connected to the size and tonnageBuilding’s condenser water loop, and having the specifications, approved by Landlord, which approval Tenant shall not be unreasonably withheld, conditioned or delayed. Tenant shall have access entitled to and use of a more than its proportionate share of the Building’s distributed excess water (i.e., water not used condenser capacity. Any change 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 waterSupplemental HVAC Units, including any increased depreciation change in the size or design of a Supplemental HVAC unit, the Building Systems used to supply distributed water. At the end of the Lease Term, Tenant shall remove, at Tenant’s sole cost and expense, any manner in which a Supplemental HVAC Unit will be vented and restore all portions access outside air, if applicable, or the manner in which Tenant connects to Landlord’s condenser water loop, including, without limitation, the routing of any water lines, shall be subject to Landlord’s prior reasonable written approval. Tenant shall be responsible, at its cost, for maintaining and repairing the Supplemental HVAC Units (and the condenser water loop on the 4th floor of the Premises Building) to the reasonable satisfaction of Landlord and the Building affected by cost of maintaining a submeter for the Supplemental HVAC units to measure electricity consumed in connection with the Supplemental HVAC units, as well as the cost of all such removal electricity that is consumed in connection therewith. Tenant shall not be entitled to their condition immediately remove the Supplemental HVAC Units from the Expansion Space without Landlord’s prior to the installation of such equipmentapproval, ordinary wear which may be withheld, granted or conditioned in Landlord’s sole and tear exceptedabsolute discretion.

Appears in 1 contract

Samples: First Amendment (Netsuite Inc)

Supplemental HVAC Units. Notwithstanding anything to the contrary contained in this Lease, at any time during the Lease Term, Tenant shall have the right but not the obligation to install, in accordance with, and subject to, the terms and conditions 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 '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 '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 '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 '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 Unit shall be the property of Landlord.

Appears in 1 contract

Samples: Office Lease (Salesforce Com Inc)

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Supplemental HVAC Units. Notwithstanding anything to the contrary contained in this LeaseLease (but subject to any limitations on electricity capacity to the Premises as set forth in this Article 6), at any time during the Lease Term, Tenant shall have the right but not the obligation to 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” 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 a 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 a proportionate share 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 Unit shall be the property of Landlord.

Appears in 1 contract

Samples: Office Lease (Okta, Inc.)

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