Common use of Supplemental HVAC Clause in Contracts

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. Subject 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’s prior consent, which consent shall . In the event such additional HVAC equipment cannot be unreasonably withheldaccommodated on the roof, conditioned or delayed, then Tenant shall have the right to install a 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 system serving all or any portion of the Premises. Any such supplemental HVAC system systems at locations determined by Tenant. 46.2 Tenant shall be installed pursuant to responsible for obtaining all permits and approvals as are necessary for the terms of Article 8 installation, use 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 BuildingHVAC equipment. 46.3 Tenant shall obtain Landlord’s prior approval of all plans and specifications for the HVAC equipment, unless Tenant agrees which shall include the proposed location of the HVAC equipment, which approval shall not be unreasonably withheld, delayed or conditioned. 46.4 No discharge condenser air will be allowed to pay for such increased costs and such installation would not result in Landlord being in breach be ejected into the Building or default under any other tenant’s leaseBuilding plenum. Tenant shall have pay all costs incurred in connection with the option either to utilize the Building’s chilled or condenser waterinstallation, use, operation, maintenance and, if applicable, removal of said HVAC units. Tenant shall, at Landlord’s actual cost without markupits expense, or maintain all said HVAC units in good condition. 46.5 Tenant acknowledges and agrees that any such installations upon the roof are to install in or be performed by a contractor approved by the entity providing the roof warranty so as not to void the warranty. For purposes hereof, X. Xxxxxx Roofing and Sheet Metal, Inc. and Xxxxxxxx Roofing, Inc. are contractors that satisfy the foregoing condition for a period of twelve (12) months from the date hereof. Prior to commencement of the work on the Building (including roof, Landlord shall inspect the roof to determine whether there is any existing damage which requires repair; and after completion of Tenant’s work on the roof) the necessary equipment to supply , Landlord shall have a sufficient quantity of chilled or condenser water similar inspection conducted. If there is any damage 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 roof during the foregoing sentenceperiod, 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 be responsible, at its sole costs and expense for Tenant’s use of chilled or condenser water at Landlord’s actual cost. Tenant shall bear repairing any and all costs of the equipment and installationsuch damage.

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 costs. Any such installation would not result in Landlord being in breach or default under any other tenant’s lease. supplemental HVAC system installed by 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. In no event shall any of the costs associated with the installation or use of the supplemental HVAC system be included within the Base Year. Tenant shall bear all costs of the equipment equipment, and installationall costs of installation and removal thereof.

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 waterright, at LandlordTenant’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 option 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 to install in such location or locations within the flow Premises, on the roof of chilled the Building and/or in or condenser water adjacent to the PremisesGenerator Area (as defined below) as shall be identified by Landlord and Tenant and pursuant to such plans and specifications as are reasonably approved by Landlord, a separate, self-contained twenty-four (24) hour a day HVAC unit(s) (which HVAC unit(s) shall not exceed 100 square feet in the aggregate) and condensers, duct work, structural support and other connecting and related equipment therefor (including separate electrical metering devices) to provide air conditioning to the Premises or certain portions thereof designated by Tenant (collectively, “Tenant’s Supplemental HVAC Equipment”), subject, however, to Landlord’s prior approval of the plans and specifications for the work, cooling capacity, electrical requirements and all other specifications of Tenant’s Supplemental HVAC Equipment (which approval shall not be unreasonably withheld, conditioned, or delayed), and so long as such Tenant’s Supplemental HVAC Equipment (i) complies with all applicable laws and the other provisions of this Lease, (ii) does not adversely affect the Building structure, the Building systems or any other Building component, or any roof or Building warranty, (iii) does not unreasonably interfere with the normal and customary business operations of other tenants of the Building or Project, and (iv) does not cause or create a dangerous or hazardous condition. Tenant shall pay the cost of all electrical usage of Tenant’s Supplemental HVAC Equipment at the rates charged for furnishing the same, plus the cost of the installation, operation and maintenance of equipment which is installed in order to supply such excess consumption. To the extent Tenant’s Supplemental HVAC Equipment is installed during the construction of the initial Tenant Improvements pursuant to the Tenant Work Letter, all costs incurred in connection with the design, acquisition and installation of such Tenant’s Supplemental HVAC Equipment shall be an Improvement Allowance Items. If Tenant’s Supplemental HVAC Equipment is not installed during the construction of the initial Tenant Improvements as provided above, that installation shall be performed in accordance with the provisions of this Lease governing Alterations. At Tenant’s sole cost and expense, Tenant shall at all times maintain Tenant’s Supplemental HVAC Equipment, in good order, condition and repair. In addition, Tenant shall, at Tenant’s sole cost and expense, prior to the expiration or earlier termination of this Lease, remove Tenant’s Supplemental HVAC Equipment and repair all damage to the roof, Building and/or Premises resulting from the installation, use and/or removal thereof. If any of Tenant’s Supplemental HVAC Equipment is located on the roof of the Building (collectively, the “Rooftop HVAC Equipment”): (A) Landlord may elect to install all or any of such Rooftop HVAC Equipment (and/or perform any necessary roof penetration work) pursuant to the approved plans and specifications therefor, and Tenant shall pay to Landlord for the actual out-of-pocket cost thereof (which shall be reasonably consistent with competitive based pricing) prior to such installation; and (B) Landlord may require Tenant to install screening around such Rooftop HVAC Equipment, at Tenant’s sole cost and expense, as reasonably designated by Landlord. For purposes of determining Landlord’s and Tenant’s respective rights and obligations with respect to the use of chilled or condenser water at Landlord’s actual cost. Tenant shall bear all costs the roof, the portion of the equipment roof affected by the Rooftop HVAC Equipment shall be deemed to be a portion of the Premises (provided that such portion shall not be measured for purposes of determining the area of the Premises); consequently, all of the provisions of this Lease respecting Tenant’s obligations hereunder shall apply to the use and installationmaintenance of the Rooftop HVAC Equipment, including without limitation provisions relating to compliance with requirements as to insurance, indemnity, repairs and maintenance. Landlord shall have no obligation with regard to the Rooftop HVAC Equipment.

Supplemental HVAC. Subject to Landlord’s prior consentTenant, which consent at its sole expense, may install supplemental HVAC systems in the Premises (the “Tenant HVAC System”). In the event that the Tenant HVAC System is not installed as a “Tenant Improvement,” as that term is defined in the Tenant Work Letter, in accordance with the terms of the Tenant Work Letter, the Tenant HVAC System shall not be unreasonably withheldinstalled, conditioned or delayedif at all, by Tenant as an Alteration in accordance with the terms of Article 8, below. Tenant shall have the right to install a supplemental utilize the roof or the interstitial space for the Tenant HVAC system serving all or any System. Any portion of the Premises. Any such supplemental Tenant HVAC system placed on the roof shall be installed pursuant subject to Section 29.37, “Rooftop Rights”, including the terms payment of Article 8 Rent. Tenant shall coordinate the installation and shall be deemed an Alteration for purposes operation of this Lease; provided, however, it shall be deemed reasonable for the Tenant HVAC System with Landlord to withhold its approval to ensure that the extent any such installation would materially interfere Tenant HVAC System is compatible 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 systems and equipment of the Building, unless and to the extent that the Tenant agrees HVAC System is not compatible with the systems and equipment of the Building, Tenant shall not be entitled to pay for such increased costs and such installation would not result in Landlord being in breach install or default under any other tenant’s leaseoperate the same. Tenant shall have the option either to utilize the Building’s chilled or condenser waterbe solely responsible, 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 for the monitoring, operation, replacement and repair of the Tenant HVAC System. In connection with the Tenant HVAC System, (a) Tenant shall install, at Tenant’s cost, a submeter to measure the flow electricity utilized by the Tenant HVAC System, as well as submeters to measure the use of chilled any other utilities utilized by the Tenant HVAC System, and (b) Tenant shall be responsible for the payment of all costs relating to the use of electricity and other utilities, as well as the maintenance and repair of the Tenant HVAC System. At Landlord’s sole option, upon written notice to Tenant no less than one hundred and twenty (120) days prior to the scheduled expiration date of this Lease, Tenant shall remove any Tenant HVAC System prior to the expiration or condenser water earlier termination of this Lease, and repair any damage to the Building caused by such removal and restore the portion of the Building and Premises affected by such removal to the condition existing prior to the installation of such Tenant HVAC System, or leave same in the Premises, and Tenant in which event the same shall pay Landlord for Tenant’s use of chilled or condenser water at Landlord’s actual cost. Tenant shall bear all costs become a part of the equipment realty and installationbelong to Landlord and shall be surrendered with the Premises upon the expiration or earlier termination of this Lease.

Supplemental HVAC. Subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, (i) 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; providedinstall, 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 one (1) Building-standard supplemental air-cooled HVAC unit (the “HVAC Unit”) reasonably acceptable to Landlord and complying with the provisions of this Article 42, to provide cooled air during Overtime Periods for specified areas of the Premises. The HVAC Unit shall measure be vented out of the flow easterly façade of chilled the Building and shall be located at a location mutually acceptable to Landlord and Tenant. (ii) Tenant shall: (a) comply with all laws and procure and maintain all necessary permits and approvals for the HVAC Unit (Tenant hereby acknowledging that Landlord makes no representations as to the permissibility of an HVAC Unit in the Premises by any governmental authority having jurisdiction therefor); (b) comply with all requirements for the approval and installation of Alterations as set forth in this Lease; (c) promptly repair any damage caused to the HVAC Unit or condenser water any other portion of the Building or its fixtures, equipment or appurtenances by reason of the maintenance or operation of the HVAC Unit, all at Tenant’s sole cost and expense; and (d) comply with the Landlord’s determination as to the placement of the HVAC Unit in the Premises, and such determination to be made by Landlord in consultation with the Building engineer. (iii) Tenant shall pay contract for and maintain throughout the Term regular service of the HVAC Unit and related equipment with a maintenance company reasonably acceptable to Landlord. The HVAC Unit and all louvers, ducts, dampers, registers, grilles, wiring and appurtenances utilized in connection with the HVAC Unit shall be deemed part of the Premises and the property of Landlord; provided, however, that notwithstanding Section 3.2 hereof, Landlord for may obligate Tenant by notice thereto to remove the HVAC Unit by the Expiration Date. (iv) Tenant’s use of chilled or condenser water electricity for the HVAC Unit shall be measured by submeters installed at Landlordthe Premises by Tenant, at Tenant’s actual costsole cost and expense. Tenant shall bear all costs pay to Landlord, as additional rent, on demand, from time to time, but no more frequently than monthly, for its use of electrical energy with respect to the HVAC Unit, based upon both consumption and demand factors, at the higher of (a) the seasonally adjusted rate then payable by Landlord to the utility company, or (b) the seasonally adjusted rate which Tenant would have been required to pay directly to the utility company had the utility company provided such service directly to Tenant, plus Landlord’s charge for (x) a reimbursement for out-of-pocket expenses incurred by Landlord in connection with the retention of a submetering company or other professionals to monitor and measure Tenant’s submeters, and (y) a charge for Landlord’s overhead, administration and supervision in connection therewith equal to seven (7%) percent of the equipment xxxx for such electricity services. If more than one meter measures the electric service with respect to the HVAC Unit, the electric service rendered through each meter shall be computed and installationbilled as if one (1) meter measured such electric service. For the purpose of this Section 42(iv) the rate to be paid by Tenant with respect to submetering shall include any taxes, energy charges, demand charges, fuel adjustment charges, rate adjustment charges, or other charges imposed in connection therewith. If any tax shall be imposed upon Landlord’s receipts from the sale or resale of electrical energy to Tenant by any federal, state, city or local authority, the pro rata share of such tax allocable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of and paid by Tenant. (v) Without in any way limiting the provisions of Article 37 hereof, Tenant shall indemnify and hold harmless Landlord and its agents from and against any and all liability, damages, claims, costs or expenses relating to the repair, maintenance and operation of the HVAC Unit, together with all costs, expenses and liabilities incurred in or in connection with each such claim or action or proceeding brought thereon, including without limitation, all reasonable attorneys’ fees and expenses.

Supplemental HVAC. Subject Tenant may install one or more separate HVAC units (the “Supplemental HVAC”) in the Premises at Tenant’s sole cost and expense, subject to Landlord’s prior consentwritten approval of the plans and specifications (including, without limitation, the location of the Supplemental HVAC), which consent approval 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 approval by Landlord shall be deemed granted unless Landlord provides a reasonable disapproval or approval to Tenant prior to the sixth (6th) business day after Xxxxxxxx’s receipt of such plan and specifications. Tenant shall pay for all costs of the use, maintenance, repair and (if necessary, as determined by Tenant, in Xxxxxx’s sole and absolute discretion) the replacement of the Supplemental HVAC and any and all other costs of the Supplemental HVAC. Landlord shall not be responsible or liable in any way for the Supplemental HVAC, including for any failures of the Supplemental HVAC, except and to the extent caused by an Alteration act of negligence or willful misconduct by Landlord or any of the Landlord Parties. Landlord makes no representation or warranty regarding the Supplemental HVAC and whether it will perform in accordance with Tenant’s requirements. Without limiting the definition of an Abatement Event or Tenant’s rights with respect thereto, in no event shall any failure or deficiency in the Supplemental HVAC entitle Tenant to any offset or abatement of Rent and shall not be an “Abatement Event” under this Lease. Prior to any use of any Supplemental HVAC, Landlord may, in its sole discretion, cause a meter or sub-meter to be installed in accordance with Landlord’s reasonable guidelines for purposes the same to measure the amount of electric current consumed by the Supplemental HVAC. Tenant shall pay any and all reasonable, out-of-pocket costs of the meter or submeter and the installation of the same within thirty (30) days demand by Landlord. Tenant shall pay the actual amount of the electrical current, calculated on the usage of said meter and based solely upon the applicable utility provider’s actual charges, with such charges due within thirty (30) days after Xxxxxx receives Landlord’s invoice [***] = CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THIS OMITTED INFORMATION. therefore, together with reasonably detailed supporting documentation, including, without limitation, from the applicable utility provider. The meter or submeter shall be read monthly by the Landlord’s Building management and billed directly to Tenant. Tenant shall enter into a maintenance contract covering the Supplemental HVAC with a vendor reasonably acceptable to Landlord and approved by Tenant, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall cause the Supplemental HVAC to be in good working order and repair at all times and to be in compliance with applicable law at all times. Tenant shall cause such vendor to perform preventative maintenance on the Supplemental HVAC on a commercially reasonable basis. Tenant will provide Landlord with a true, complete and correct copy of such maintenance contract. Tenant’s operation and maintenance of the Supplemental HVAC shall not unreasonably interfere with the quiet enjoyment of other tenants and occupants in the Building or the Project. Upon the expiration or earlier termination of the Term 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 watershall, at LandlordTenant’s actual cost without markupsole expense, remove the Supplemental HVAC (and any cables or to install in or on the Building (including the roofother ancillary equipment connected thereto) the necessary equipment to supply a sufficient quantity of chilled or condenser water to from the Premises and to connect restore the equipment affected areas 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 condition existing as of the foregoing sentencedate of installation by Tenant in the Premises (reasonable wear and tear and casualty damage, then and damage caused by Landlord shall install a submetering device or any of the Landlord Parties, excepted), all 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 repair any damage caused by such repair and installationrestoration, at Tenant’s sole cost and expense. Any amounts to be paid to Landlord under this Section 8.6.1 shall be deemed Additional Rent under this Lease.

Supplemental HVAC. Subject As a part of its Tenant Improvements and subject to the terms of the Tenant Work Letter, Tenant, at its sole expense, may install a supplemental HVAC system in the Premises for the purpose of providing supplemental air-conditioning to the server rooms in the Premises (the “Tenant HVAC System”). All aspects of the Tenant HVAC System (including, but not limited to, any connection to the Building’s chilled or condenser water system) shall be subject to Landlord’s prior consentwritten approval, which consent approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have unless 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 structural aspects of the Building, unless Tenant agrees to pay the Building systems and equipment, and/or the exterior appearance of the Building will be affected, in which event Landlord’s approval may be withheld in Landlord’s sole and absolute discretion. If required for such increased costs and such installation would not result in Landlord being in breach or default under any other tenant’s lease. purpose, Tenant shall have the option either to utilize may connect into the Building’s chilled or condenser water, at Landlord’s actual cost without markup, or water system to install in or on use up to 7 Tons of cooling per floor of 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 systemsappropriately prorated for partial floors). 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 may install, at Tenant’s sole cost and expense, which shall a meter to measure the flow Tenant’s use of chilled or condenser water to the Premiseswater, and Tenant shall pay reimburse Landlord for Tenant’s use of chilled or condenser water at the cost reasonably determined by Landlord. Landlord shall, at Tenant’s sole cost and expense, separately meter the electricity utilized by the Tenant HVAC System, and Tenant shall reimburse Landlord for the cost as reasonably determined by Landlord of all electricity utilized by the Tenant HVAC System. At Landlord’s actual costelection prior to the expiration or earlier termination of this Lease, Tenant shall leave the Tenant HVAC System in the Premises upon the expiration or earlier termination of this Lease, in which event the Tenant HVAC System shall be surrendered with the Premises upon the expiration or earlier termination of this Lease, and Tenant shall thereafter have no further rights with respect thereto. In the event that Landlord fails to elect to have the Tenant HVAC System left in the Premises upon the expiration or earlier termination of this Lease, then Tenant shall remove the Tenant HVAC System upon 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. Tenant shall bear all costs be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repair, replacement, and removal (subject to the foregoing terms of this Section 6.3), of the equipment Tenant HVAC System, and installationin no event shall the Tenant HVAC System interfere with Landlord’s operation of the Building.

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). (b) Tenant shall be entitled to connect the Supplemental HVAC System to the Building’s electric power source and the Building’s condenser water system; provided, however, that: (i) the method of connecting any component of the Supplemental HVAC System to the Building’s electric power source and condenser water system, as well as the specific locations in the Building at which such connections shall be effected, shall be subject to Landlord’s prior consentapproval in its reasonable discretion; and (ii) such connections shall be undertaken by licensed contractor(s) approved by Landlord. Tenant shall cause an electric current submeter or meter approved by Landlord to be installed in the Premises so as to measure the amount of electric current consumed by the Supplemental HVAC System. The cost of such submeter or meter, and the cost of installation, maintenance and repair thereof, shall be borne solely by Tenant. Throughout the Lease Term, Tenant shall pay Landlord (i) on a monthly basis, the cost of all electricity consumed by the Supplemental HVAC System; and (ii) the cost of any new or additional utility installations, including without limitation wiring and plumbing, resulting from or required by the operation of the Supplemental HVAC System, which consent amounts shall be paid by Tenant within ten (10) days following Landlord’s written invoice therefor. (c) Tenant shall maintain the Supplemental HVAC System in good condition and repair at all times throughout the Lease Term. Tenant shall promptly notify Landlord in writing if it has actual knowledge that the Supplemental HVAC System is not functioning properly, is causing any damage to the Building, or is in violation of any applicable laws. Tenant shall enter into annual service contracts with reputable engineering firms for the inspection, maintenance and repair of the Supplemental HVAC System, and Tenant shall provide copies of such service contracts to Landlord. Should Tenant fail to cause the Supplemental HVAC System to be properly maintained in accordance with the terms and conditions of this Lease, Landlord may, but shall not be unreasonably withheldobligated to, conditioned upon providing at least ten (10) days prior written notice to Tenant, undertake such maintenance or delayedrepairs or enter into such service contracts, and all reasonable third party out-of-pocket costs and expenses incurred by Landlord in connection with same shall constitute Additional Rental payable by Tenant hereunder upon demand by Landlord. Landlord, at its sole option, shall have the right to install a supplemental require Tenant, at any time prior to the expiration of Lease Term, to cease the operation of the Supplemental HVAC system serving all System and remove the Supplemental HVAC System from the Premises if Landlord determines that any such equipment: (i) interferes with and/or adversely affects the base Building or any portion of the Premises. Any such supplemental HVAC system shall be installed pursuant base Building systems, (ii) threatens to void any warranty or guaranty applicable to the terms of Article 8 and shall be deemed an Alteration for purposes of this LeaseBuilding; 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 (iii) generates noise or vibration which unreasonably disrupts other tenants in of the Building, or would materially interfere withinterferes with any HVAC equipment being operated elsewhere in the Building by any tenant in the Building or other licensee authorized by Landlord which other tenant or licensee installed its equipment prior to the installation of the Supplemental HVAC System; (iv) violates any applicable laws, or materially increase (v) is not being maintained in good condition and repair. E–11 (d) Without limiting the cost ofother terms and conditions of this Lease but in furtherance thereof, Tenant acknowledges and agrees that Landlord has the right to remove, alter, improve, renovate or rebuild the Building and its systems at any time during the Lease Term and, in connection with Landlord’s maintenance or operation exercise of the Buildingsuch rights, 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 right to utilize suspend Tenant’s use of the Building’s chilled Supplemental HVAC System and/or relocate the Supplemental HVAC System. Except in an emergency situation, Landlord shall provide Tenant reasonable prior notice of such a suspension or condenser water, at relocation. In connection with 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 exercise of the foregoing sentencerights, then Landlord shall install a submetering device not be liable to Tenant for any expense, injury, loss or damage resulting from Landlord’s exercise of any of the foregoing rights, or for damages by reason of interference with the business of Tenant or inconvenience or annoyance to Tenant or the customers or clients of Tenant, all such claims against Landlord for any and all such liability being hereby expressly released by Tenant. In exercising its rights under this paragraph, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s business or enjoyment of its use of the Premises. (e) Without limiting Landlord’s obligations under Section 7.3 of the Lease, Tenant covenants and agrees that the installation, operation and removal of the Supplemental HVAC System shall be at Tenant’s sole risk, 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. Subject to LandlordLandlord shall provide repair and maintenance of the District’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 equipment and systems associated with the Premises. Any such supplemental Premises (including, if applicable, the MDF Supplemental HVAC system shall be installed Unit) subject and pursuant to the terms following provisions: Landlord shall solicit bids for a contract for such services to be provided by a contractor engaged by Landlord (a “Supplemental HVAC Services Agreement”). Within 30 days after the Rent Commencement Date, provided Landlord has received all of Article 8 the information from the District necessary to obtain bids, Landlord shall deliver to the District, pursuant to the provisions of Section 24.2 hereof, the solicitation responses for the bidding related to the Supplemental HVAC Services Agreement and the contractor that Landlord believes is most responsive with respect to price and performance. The costs under any such contract shall be deemed an Alteration for purposes subject to prior approval by the District, and such costs may include a fee payable to Landlord in connection therewith in the amount of this Lease3% of the contract amount (without such fee). Such payments, including any 3% Landlord fee associated therewith shall be paid on a monthly basis as Additional Rent under the Lease (and pursuant to the same terms and schedule as the Annual Rental, including in arrears). The Supplemental HVAC Services Agreement contract amount shall not include the cost of any non-preventative maintenance repairs of, or replacements to, the District’s supplemental HVAC equipment, and any such work and the costs thereof proposed by Landlord or the contractor shall be subject to the District’s prior written approval. Renewals of such Supplemental HVAC Services Agreement may be negotiated by the parties thereto; provided, however, that the District shall not be obligated to pay any costs thereof unless and until it shall be deemed reasonable for Landlord to withhold its approval to the extent has approved any such installation would materially interfere with cost, and has certified the occupancy availability of other tenants in appropriated funds for such purpose. In the Buildingevent a Supplemental HVAC Services Agreement is scheduled to expire within 90 days or is terminated, or would materially interfere with, or materially increase Landlord shall notify the cost of, Landlord’s maintenance or operation District 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 same pursuant to the provisions of Section 24.2 hereof and, upon the District’s written approval, Landlord shall solicit bids for a new contract within 30 days of the District’s approval to do the same (in which event the terms of the foregoing sentence, then Landlord this section shall install a submetering device at Tenant’s sole cost and expense, which shall measure the flow of chilled or condenser water continue 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 installationapply to any subsequent Supplemental HVAC Services Agreement).

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 As a supplemental HVAC system serving all or any portion part of the Premises. Any such supplemental HVAC system shall be installed pursuant Tenant Improvements and subject to the terms of Article 8 and shall be deemed an Alteration the Tenant Work Letter, Tenant, at its sole expense (or as a deduction from the Tenant Improvement Allowance), may install supplemental HVAC units in the Premises for purposes the purpose of this Lease; provided, however, it shall be deemed reasonable for Landlord to withhold its approval providing supplemental air-conditioning to the extent Premises (the "Tenant HVAC System"). All aspects of the Tenant HVAC System (including, but not limited to, any such installation would materially interfere with the occupancy of other tenants in connection to 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 's chilled or condenser water system) shall be subject to Landlord's prior written approval, in accordance with Article 8 below or the Premises and to Tenant Work Letter (as applicable). Tenant may not connect the equipment to the Premises through the Building shafts and systems. If Tenant connects into the Building’s 's chilled or condenser water system pursuant to the terms of the foregoing sentencewithout Landlord’s prior written consent. Tenant shall be permitted, then Landlord shall install a submetering device at Tenant’s 's sole cost and expense, which shall measure to access 277/480 volts of electricity (subject to availability) from the flow of chilled or condenser water existing bus duct riser in connection with the Tenant HVAC System. At Landlord's election prior to the Premisesexpiration or earlier termination of this Lease, Tenant shall leave the Tenant HVAC System in the Premises upon the expiration or earlier termination of this Lease, in which event the Tenant HVAC System shall be surrendered with the Premises upon the expiration or earlier termination of this Lease, and Tenant shall pay thereafter have no further rights with respect thereto. In the event that Landlord for fails to elect to have the Tenant HVAC System left in the Premises upon the expiration or earlier termination of this Lease, then Tenant shall remove the Tenant HVAC System upon the expiration or earlier termination of this Lease, and repair all damage to the Building resulting from such removal, at Tenant’s use of chilled or condenser water at Landlord’s actual cost's sole cost and expense. Tenant shall bear all costs be solely responsible, at Tenant's sole cost and expense, for the monitoring, operation, repair, replacement, and removal (subject to the foregoing terms of this Section 6.1.1.2), of the equipment Tenant HVAC System, and installationin no event shall the Tenant HVAC System interfere with Landlord's operation of the Building. Any reimbursements owing by Tenant to Landlord pursuant to this Section 6.1.1.2 shall be payable by Tenant within five (5) business days of Tenant's receipt of an invoice therefor.

Supplemental HVAC. Subject A. Tenant shall have the right to install and maintain, at Tenant's sole cost and expense, supplemental air-conditioning equipment in one of the parking spaces referenced in Paragraph 1.S. of this Lease, at a location selected by Landlord and Tenant. Tenant shall maintain, at Tenant's sole cost and expense, a fence around such supplemental air conditioning equipment. Additionally, subject to Landlord’s 's prior consent, which consent shall not be unreasonably withheld, conditioned or delayedwritten approval of plans and specifications relating thereto, Tenant shall have the right to install a such air, conduits, cables and other materials as necessary to connect such supplemental air conditioning equipment to the Leased Premises (the supplemental air conditioning equipment and connecting material being collectively referred to as the "HVAC system serving Installation"). Landlord agrees not to unreasonably withhold or delay its approval regarding matters involving the HVAC Installation on which Landlord's approval is required. Tenant shall be responsible for all costs and expenses arising from and relating to the HVAC Installation. The HVAC Installation shall be in compliance with all applicable federal, state and local laws and ordinances and Tenant shall indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability arising from Tenant's failure to satisfy such requirement. B. Tenant agrees to indemnify and hold Landlord harmless from and against any and all loss, cost, claim and liability (including all reasonable attorneys' fees) for injuries to all persons and for damage to or any portion loss of all property arising or alleged to arise from the installation, maintenance, operation, existence and/or removal of the Premises. Any such supplemental HVAC system Installation. C. Landlord agrees that Tenant and representatives designated by Tenant and approved by Landlord shall be installed pursuant have reasonable access to the terms HVAC Installation in order to install, operate, maintain, inspect and remove as required, the HVAC Installation, except when reasonable safety and security requirements of Article 8 Landlord preclude such access. Landlord shall not unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of the HVAC Installation. D. Subject to Landlord's obligation not to unreasonably interfere with or impair Tenant's use, operation, maintenance or repair of the HVAC Installation, Landlord reserves the right to lease space in the Project to other tenants, as Landlord may desire, for any purpose, including the installation and operation of supplemental air conditioning equipment. E. Notwithstanding any contrary provision contained herein, Landlord shall be deemed an Alteration for purposes of this Leasehave the right to relocate, at Landlord's sole expense, the HVAC Installation to another location in the Project, as Landlord shall elect; provided, however, it shall be deemed reasonable for Landlord that no such relocation may result in any additional cost or expense to withhold its approval to the extent Tenant or have 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 detrimental effect on Tenant's use and operation of the BuildingHVAC Installation. F. Upon the expiration or earlier termination of the Term of this Lease, unless Tenant agrees shall remove, if requested by Landlord, the HVAC Installation and related improvements in a good and workmanlike manner, and Tenant will repair any damage occasioned by such removal. If Tenant fails to pay for such increased costs and such installation would not result in remove the HVAC Installation within thirty (30) days after the expiration or earlier termination of the Term of this Lease, Landlord being in breach or default under any other tenant’s lease. Tenant shall have the option right, but not the obligation, to elect either (i) to utilize remove 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 HVAC Installation at Tenant’s sole 's cost and expense, which and Landlord shall measure have no liability for the flow of chilled return of, or condenser water damage to, the HVAC Installation, or (ii) to treat the Premises, and Tenant shall pay Landlord for HVAC Installation as abandoned by 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. Subject (a) Tenant may install, access and maintain supplemental HVAC for the Premises (“Supplemental HVAC”). subject to compliance with Applicable Laws, in accordance with the provisions of Article 9 and further subject to Tenant paying for all costs and expenses for such installation, access and maintenance, Tenant shall indemnify and hold harmless Landlord from any liability, cost or damage resulting from the installation, maintenance, operation or removal of the Supplemental HVAC; provided, however, that with respect to any Hazardous Substances Article 24 shall control. Upon Landlord’s request not less than three (3) months prior consentto the Lease Expiration Date or the end of the final Renewal Term, which consent if exercised, or within 30 days after an earlier termination of this Lease, as the case may be, Tenant at its expense shall not be unreasonably withheldremove the designated Supplemental HVAC as aforesaid following early termination) and repair any damage to the Premises resulting from such removal. (b) At Tenant’s request, conditioned or delayed, Landlord shall furnish condenser water for the operation of the Supplemental HVAC and 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 connect to the terms of Article 8 Building’s condenser water system and shall be deemed an Alteration for purposes of this Leaseto draw condenser water therefrom; provided, however, it in no event shall be deemed reasonable for Landlord Tenant have the right to withhold its approval to the extent any such installation would materially interfere with the occupancy draw in excess of other tenants 15 tons in the Buildingaggregate (the “Committed Tonnage”) from the distribution points at any one time, 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 The condenser water shall have the option either to utilize the Building’s chilled or condenser wateran entering water temperature of 87° F and a leaving water temperature of 97° F, at Landlord’s actual cost without markup, or to install in or on the Building and a flow of three (including the roof3) 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 systemsgallons per minute per ton. 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 install, at Tenant’s sole cost and expense, which shall measure the flow of chilled or condenser a checkmeter to monitor Tenant’s condensed water to the Premisesconsumption, and Tenant shall pay to Landlord as Additional Rent the reasonably determined incremental out-of-pocket cost to Landlord of providing such condensed water to Tenant, The current cost charged by Landlord for providing such condensed water is $325/ton/year, payable monthly in advance, If Tenant shall require condenser water for the Supplemental HVAC in excess of the Committed Tonnage and Landlord determines, in Landlord’s reasonable determination, that such additional condenser water is available or can readily be made available, Landlord shall make such additional condenser water available to Tenant at Tenant’s use sole cost, including without limitation the cost of chilled or any necessary improvements made by Landlord to furnish such additional condenser water at Landlord’s actual cost. Tenant shall bear all costs of the equipment and installationto Tenant.

Supplemental HVAC. Subject The installation of any supplemental HVAC system in or exclusively serving the Premises for the purpose of providing supplemental air-conditioning to the Premises (the “Supplemental HVAC System”) shall be governed by the terms of Article 5 of this Lease and this Section 10.12, and, if approved by Landlord pursuant to the terms of Article 5 of this Lease and this Section 10.12, 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) shall be subject to Landlord’s prior consentwritten approval, which consent approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have unless 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 structural aspects of the Building, unless Tenant agrees to pay the Building Systems, the exterior appearance of the Building and/or the certificate of occupancy issued for such increased costs the Building or the Premises will be adversely affected and/or the installation of the Supplemental HVAC System will violate any applicable Requirements, in which event Landlord’s approval may be withheld in Landlord’s sole and such installation would not result in Landlord being in breach or default under any other tenant’s leaseabsolute discretion. Tenant shall have the option either to utilize the Building’s chilled or condenser waterbe permitted, 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 to access 277/480 volts of electricity (subject to availability) from the flow of chilled or condenser water to existing bus duct riser in connection with any approved Supplemental HVAC System. In connection with the Premisesforegoing, Landlord shall, at Landlord’s sole cost and expense, separately meter the electricity utilized by the Supplemental HVAC System, and Tenant shall pay reimburse Landlord for Tenant’s use the cost as reasonably determined by Landlord of chilled or condenser water at Landlord’s actual costall electricity utilized by the Supplemental HVAC System. Tenant shall bear all costs not be required to remove any Supplemental HVAC System existing in the Premises as of the equipment Commencement Date. On or before the Expiration Date (provided Landlord notified Tenant that Landlord would require the removal of any Supplemental HVAC System installed in the Premises following the Commencement Date at the time Landlord approved or consented to such Supplemental HVAC System), Tenant shall remove any Supplemental HVAC System installed in the Premises following the Commencement Date prior to the expiration or earlier termination of this Lease, and installationrepair 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 be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repair, replacement, and removal (subject to the foregoing terms of this Section 10.12), of the Supplemental HVAC System. 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 10.12 shall be payable by Tenant within twenty (20) Business Days of Tenant’s receipt of an invoice therefor.

Supplemental HVAC. Subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right may elect to install a supplemental one or more additional HVAC system serving all or any portion systems inside, and/or outside of the Premises, including without limitation, wall units (1 ton) within Tenant’s IT/IDF room and ATM room, and in other 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. Any such supplemental Tenant’s installation of the Tenant HVAC system System shall comply with and be installed pursuant to governed by 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 acknowledges that such Tenant HVAC System installation will constitute an over-standard electrical use, and that in such event Tenant will be required to utilize the Building’s chilled or condenser waterinstall, 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 a device to the Premisesseparately meter such increased electrical use, and Tenant shall pay the increased cost directly to Landlord for Tenant(or Landlord’s use property manager), within thirty (30) days after demand including an administrative fee (not to exceed five percent [5%] of chilled such cost). If Tenant elects to terminate the Lease under Rider No. 4 attached hereto, or condenser water if Landlord terminates the Lease due to a Tenant Event of Default, then, at Landlord’s actual costelection delivered to Tenant in writing not later than ninety (90) days prior to the Termination Date (as defined in Rider No. 4) (or as soon as practicable following an Event of Default), 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. If Landlord does not elect in writing (as provided above) for the Tenant to remove the Tenant HVAC System, the 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 bear all costs be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repair, replacement, and, if applicable, removal of the equipment Tenant HVAC System, and installationin no event shall the Tenant HVAC System interfere with Landlord’s operation of the Building.

Supplemental HVAC. Subject The installation of any supplemental HVAC system in or exclusively serving the Premises for the purpose of providing supplemental air-conditioning to the Premises (the "Supplemental HVAC System") shall be governed by the terms of the Work Letter if installed as part of the Tenant Improvements, or thereafter by Article 5 of this Lease and this Section 10.12 if installed after the Commencement Date, and, if approved by Landlord pursuant to the terms of Article 5 of this Lease and this Section 10.12, shall be performed by Tenant as an Alteration at its sole cost and expense. All aspects of the Supplemental HVAC System (including, but not limited to, the plans and specifications therefor) shall be subject to Landlord’s 's prior consentwritten approval, which consent approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have unless 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 structural aspects of the Building, unless Tenant agrees to pay the Building Systems, the exterior appearance of the Building and/or the certificate of occupancy issued for such increased costs the Building or the Premises will be affected and/or the installation of the Supplemental HVAC System will violate any applicable Requirements, in which event Landlord's approval may be withheld in Landlord's sole and such installation would not result in Landlord being in breach or default under any other tenant’s leaseabsolute discretion. Tenant shall have the option either to utilize the Building’s chilled or condenser waterbe permitted, 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 's sole cost and expense, which to access 277/480 volts of electricity (subject to availability) from the existing bus duct riser in connection with any approved Supplemental HVAC System. In connection with the foregoing, Landlord may, at Tenant's sole cost and expense, separately meter the electricity utilized by the Supplemental HVAC System, and, in any event, Tenant shall measure reimburse Landlord for the flow cost as reasonably determined by Landlord of chilled or condenser water all electricity utilized by the Supplemental HVAC System. Notwithstanding any provision to the Premisescontrary contained in this Lease, at Landlord's election prior to the expiration or earlier termination of this Lease, Tenant shall surrender the Supplemental HVAC System to Landlord with the Premises upon the expiration or earlier termination of this Lease, and Tenant shall pay thereafter have no further rights with respect thereto. In the event that Landlord for fails to elect to have the Supplemental HVAC System surrendered to it upon the expiration or earlier termination of this Lease, then Tenant shall remove the 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 use of chilled or condenser water '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 Landlord’s actual costTenant's sole cost and expense. Tenant shall bear all costs be solely responsible, at Tenant's sole cost and expense, for the monitoring, operation, repair, replacement, and removal (subject to the foregoing terms of this Section 10.12), of the equipment and installationSupplemental HVAC System. 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 10.12 shall be payable by Tenant within ten (10) Business Days of Tenant's receipt of an invoice therefor.

Supplemental HVAC. Subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, 46.1 Tenant shall have the right to install a up to one thousand two hundred (1,200) nominal cooling tons of supplemental air cooled HVAC system serving all or any portion for exclusive use by Tenant on the roof 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 Building to the extent any that the roof can support the weight of such installation would materially interfere with tonnage, as reasonably determined by Landlord. In the occupancy of other tenants in event such HVAC equipment cannot be accommodated on the Buildingroof, 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. then Tenant shall have the option either right to utilize install said HVAC equipment in or on another location (e.g., landscaped area outside the Building’s chilled or condenser water, at Landlord’s actual cost without markup, or ) 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. 46.2 Tenant shall be responsible for obtaining all permits and approvals as are necessary for the installation, use and operation of the HVAC equipment. 46.3 Tenant shall obtain Landlord’s prior approval of all plans and specifications for the HVAC equipment, which shall include the proposed location of the HVAC equipment, which approval shall not be unreasonably withheld, delayed or on conditioned. 46.4 No discharge condenser air will be allowed to be ejected into the Building (including or Building plenum. Tenant shall pay all costs incurred in connection with the roof) the necessary equipment to supply a sufficient quantity installation, use, operation, maintenance and, if applicable, removal of chilled or condenser water to the Premises and to connect the equipment to the Premises through the Building shafts and systemssaid HVAC units. If Tenant connects into the Building’s chilled or condenser water system pursuant to the terms of the foregoing sentenceshall, then at its expense, maintain all said HVAC units in good condition. 46.5 The Landlord shall install a submetering device at minimum of 850,000 btu’s of unit heater in Unit B and shall operate such heater until Unit B is occupied to provide minimum heat for freeze protection and the overloading of utility charges on Tenant. 46.6 Tenant acknowledges and agrees that any such installations upon the roof are to be performed by a contractor approved by the entity providing the roof warranty so as not to void the warranty. For purposes hereof, X. Xxxxxx Roofing and Sheet Metal, Inc. and Xxxxxxxx Roofing, Inc. are contractors that satisfy the foregoing condition for a period of twelve (12) months from the date hereof. Prior to commencement of the work on the roof, Landlord shall inspect the roof to determine whether there is any existing damage which requires repair; and after completion of Tenant’s sole cost and expensework on the roof, which Landlord shall measure the flow of chilled or condenser water have a similar inspection conducted. If there is any damage to the Premisesroof during the foregoing period, and Tenant shall pay Landlord be responsible, at its sole costs and expense for Tenant’s use of chilled or condenser water at Landlord’s actual cost. Tenant shall bear repairing any and all costs of the equipment and installationsuch damage.

Supplemental HVAC. Subject Tenant shall have the right to (A) install and maintain during the term of the Lease, at no charge to Tenant, up to two (2) HVAC units to provide service to the Premises, and (B) perform such work as is necessary to connect and/or integrate the foregoing to or with the Premises and/or equipment located therein. Such supplemental HVAC units must fit into an area on the roof not to exceed 24 feet by 6 feet, the exact location of which is shown on Exhibit J attached hereto and incorporated herein. Tenant shall screen such units at its sole cost and expense, to the extent that either (i) such screening is required by local code or by any applicable owners association, or (ii) if all other HVAC is screened. The exact specifications of the HVAC equipment and screening is subject to Landlord’s prior consentwritten approval, which consent shall approval will not be unreasonably withheld, conditioned or delayed. If applicable, Landlord will approve the nature and location of Tenant’s initial equipment as provided in the plans and specifications for the Tenant Improvements; provided, however, that if Landlord disapproves the proposed location of Tenant’s initial equipment, Landlord shall designate another roof location. Tenant’s rooftop equipment shall remain the exclusive property of Tenant, and Tenant (y) shall have the right to install remove Tenant’s rooftop equipment at any time during the term of this Lease, and (z) must repair any damage caused by the installation, use or removal of such items. Other than roof penetrations in accordance with design criteria applicable thereto, no roof penetration shall be made in connection with such installation without the prior written consent of Landlord, and Landlord shall have the right to require that any penetrations approved by Landlord shall be made by or coordinated with Landlord’s roofing contractor so as to not void any roofing warranty. Tenant shall operate Tenant’s rooftop equipment in a supplemental HVAC system serving all manner so as to not unreasonably interfere with usage of similar equipment by other tenants or any portion occupants of the PremisesBuilding and to otherwise comply with all Laws applicable thereto. The provisions of this Lease applicable to the construction/installation of improvements within the Premises will also be applicable to the construction/installation of equipment on the roof of the Building. Any such supplemental HVAC system unit shall be installed pursuant subject to approval of the terms City of Article 8 Plano, the Legacy Design Review Board, and shall be deemed an Alteration for purposes of this Lease; providedShops at Legacy (North), however, it shall be deemed reasonable for Landlord to withhold its approval L.P. 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 sentenceare required by applicable Laws. Upon the expiration or sooner termination of this Lease, then Landlord Tenant shall install a submetering device at Tenant’s sole cost and expenseremove all screening, which shall measure the flow of chilled or condenser water to the Premisesequipment, cabling, and Tenant shall pay Landlord for Tenant’s use of chilled or condenser water at connections (but not ductwork) and return all affected areas to their original condition, ordinary wear and tear and damage due to Casualty excepted, unless removal is excused in writing by Landlord’s actual cost. Tenant shall bear all costs of the equipment and installation.

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). (b) Tenant shall be entitled to connect the Supplemental HVAC System to the Building’s electric power source and the Building’s condenser water system; provided, however, that: (i) the method of connecting any component of the Supplemental HVAC System to the Building’s electric power source and condenser water system, as well as the specific locations in the Building at which such connections shall be effected, shall be subject to Landlord’s prior consentapproval in its reasonable discretion; and (ii) such connections shall be undertaken by licensed contractor(s) approved by Landlord. Tenant shall cause an electric current submeter or meter approved by Landlord to be installed in the Premises so as to measure the amount of electric current consumed by the Supplemental HVAC System. The cost of such submeter or meter, and the cost of installation, maintenance and repair thereof, shall be borne solely by Tenant. Throughout the Lease Term, Tenant shall pay Landlord (i) on a monthly basis, the cost of all electricity consumed by the Supplemental HVAC System; and (ii) the cost of any new or additional utility installations, including without limitation wiring and plumbing, resulting from or required by the operation of the Supplemental HVAC System, which consent amounts shall be paid by Tenant within ten (10) days following Landlord’s written invoice therefor. (c) Tenant shall maintain the Supplemental HVAC System in good condition and repair at all times throughout the Lease Term. Tenant shall promptly notify Landlord in writing if it has actual knowledge that the Supplemental HVAC System is not functioning properly, is causing any damage to the Building, or is in violation of any applicable laws. Tenant shall enter into annual service contracts with reputable engineering firms for the inspection, maintenance and repair of the Supplemental HVAC System, and Tenant shall provide copies of such service contracts to Landlord. Should Tenant fail to cause the Supplemental HVAC System to be properly maintained in accordance with the terms and conditions of this Lease, Landlord may, but shall not be unreasonably withheldobligated to, conditioned upon providing at least ten (10) days prior written notice to Tenant, undertake such maintenance or delayedrepairs or enter into such service contracts, and all reasonable third party out-of-pocket costs and expenses incurred by Landlord in connection with same shall constitute Additional Rental payable by Tenant hereunder upon demand by Landlord. Landlord, at its sole option, shall have the right to install a supplemental require Tenant, at any time prior to the expiration of Lease Term, to cease the operation of the Supplemental HVAC system serving all System and remove the Supplemental HVAC System from the Premises if Landlord determines that any such equipment: (i) interferes with and/or adversely affects the base Building or any portion of the Premises. Any such supplemental HVAC system shall be installed pursuant base Building systems, (ii) threatens to void any warranty or guaranty applicable to the terms of Article 8 and shall be deemed an Alteration for purposes of this LeaseBuilding; 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 (iii) generates noise or vibration which unreasonably disrupts other tenants in of the Building, or would materially interfere withinterferes with any HVAC equipment being operated elsewhere in the Building by any tenant in the Building or other licensee authorized by Landlord which other tenant or licensee installed its equipment prior to the installation of the Supplemental HVAC System; (iv) violates any applicable laws, or materially increase (v) is not being maintained in good condition and repair. (d) Without limiting the cost ofother terms and conditions of this Lease but in furtherance thereof, Tenant acknowledges and agrees that Landlord has the right to remove, alter, improve, renovate or rebuild the Building and its systems at any time during the Lease Term and, in connection with Landlord’s maintenance or operation exercise of the Buildingsuch rights, 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 right to utilize suspend Tenant’s use of the Building’s chilled Supplemental HVAC System and/or relocate the Supplemental HVAC System. Except in an emergency situation, Landlord shall provide Tenant reasonable prior notice of such a suspension or condenser water, at relocation. In connection with 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 exercise of the foregoing sentencerights, then Landlord shall install a submetering device not be liable to Tenant for any expense, injury, loss or damage resulting from Landlord’s exercise of any of the foregoing rights, or for damages by reason of interference with the business of Tenant or inconvenience or annoyance to Tenant or the customers or clients of Tenant, all such claims against Landlord for any and all such liability being hereby expressly released by Tenant. In exercising its rights under this paragraph, Landlord shall use commercially reasonable efforts to minimize any interference with Tenant’s business or enjoyment of its use of the Premises. (e) Without limiting Landlord’s obligations under Section 7.3 of the Lease, Tenant covenants and agrees that the installation, operation and removal of the Supplemental HVAC System shall be at Tenant’s sole risk, 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. Subject to Landlord’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, 46.1 Tenant shall have the right to install a up to one thousand two hundred (1,200) nominal cooling tons of supplemental air cooled HVAC system serving all or any portion for exclusive use by Tenant on the roof 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 Building to the extent any that the roof can support the weight of such installation would materially interfere with tonnage, as reasonably determined by Landlord. In the occupancy of other tenants in event such HVAC equipment cannot be accommodated on the Buildingroof, 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. then Tenant shall have the option either right to utilize install said HVAC equipment in or on another location (e.g., landscaped area outside the Building’s chilled or condenser water, at Landlord’s actual cost without markup, or ) 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. 46.2 Tenant shall be responsible for obtaining all permits and approvals as are necessary for the installation, use and operation of the HVAC equipment. 46.3 Tenant shall obtain Landlord's prior approval of all plans and specifications for the HVAC equipment, which shall include the proposed location of the HVAC equipment, which approval shall not be unreasonably withheld, delayed or on conditioned. 46.4 No discharge condenser air will be allowed to be ejected into the Building (including or Building plenum. Tenant shall pay all costs incurred in connection with the roof) the necessary equipment to supply a sufficient quantity installation, use, operation, maintenance and, if applicable, removal of chilled or condenser water to the Premises and to connect the equipment to the Premises through the Building shafts and systemssaid HVAC units. If Tenant connects into the Building’s chilled or condenser water system pursuant to the terms of the foregoing sentenceshall, then at its expense, maintain all said HVAC units in good condition. 46.5 The Landlord shall install a submetering device at minimum of 850,000 btu's of unit heater in Unit B and shall operate such heater until Unit B is occupied to provide minimum heat for freeze protection and the overloading of utility charges on Tenant’s sole cost . 46.6 Tenant acknowledges and expenseagrees that any such installations upon the roof are to be performed by a contractor approved by the entity providing the roof warranty so as not to void the warranty. For purposes hereof, X. Xxxxxx Roofing and Sheet Metal, Inc. and Xxxxxxxx Roofing, Inc. are contractors that satisfy the foregoing condition for a period of twelve (12) months from the date hereof. Prior to commencement of the work on the roof, Landlord shall inspect the roof to determine whether there is any existing damage which requires repair; and after completion of Tenant's work on the roof, Landlord shall measure the flow of chilled or condenser water have a similar inspection conducted. If there is any damage to the Premisesroof during the foregoing period, and Tenant shall pay Landlord be responsible, at its sole costs and expense for Tenant’s use of chilled or condenser water at Landlord’s actual cost. Tenant shall bear repairing any and all costs of the equipment and installationsuch damage.

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 applicable Building, unless Tenant agrees to pay for such increased costs and costs. Any such installation would not result in Landlord being in breach or default under any other tenant’s lease. supplemental HVAC system installed by Tenant shall have the option either to utilize the applicable 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 applicable 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 equipment, and installationall costs of installation and removal thereof.

Supplemental HVAC. Subject to Landlord’s '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 's maintenance or operation of the Building, unless Tenant agrees to pay for such increased costs and costs. Any such installation would not result in Landlord being in breach or default under any other tenant’s lease. supplemental HVAC system installed by Tenant shall have the option either to utilize the Building’s 's chilled or condenser water, at Landlord’s '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 's chilled or condenser water system pursuant to the terms of the foregoing sentence, then Landlord shall install a submetering device at Tenant’s '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 's use of chilled or condenser water at Landlord’s 's actual cost. In no event shall any of the costs associated with the installation or use of the supplemental HVAC system be included within the Base Year. Tenant shall bear all costs of the equipment equipment, and installationall costs of installation and removal thereof.

Supplemental HVAC. Subject to Landlord’s prior consentTenant, which consent shall not be unreasonably withheldat its sole expense, conditioned or delayed, Tenant shall have the right to may install a supplemental HVAC system serving all or any portion in the Premises (the "Tenant HVAC System"). In the event that the Tenant HVAC System is not installed as part of the Premises. Any such supplemental initial "Improvements" (as that term is defined in Section 2.1 of the Work Letter) pursuant to the Work Letter, then the Tenant HVAC system System shall be installed pursuant to installed, if at all, by Tenant as an "Alteration" (as that term is defined in Section 8.1 below) in accordance with the terms of Article 8 and 8, below. To the extent space is then available on the roof of the Building for the Tenant HVAC System, which determination shall be deemed an Alteration for purposes made by Landlord in its sole and absolute discretion, Tenant may request installation 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 Tenant HVAC System on the occupancy of other tenants in the Building, or would materially interfere with, or materially increase the cost of, Landlord’s maintenance or operation roof of the Building, unless Tenant agrees subject to pay for such increased costs Article 8 and such installation would not result in Landlord being in breach or default under any other tenant’s leaseSection 23.6 of this Lease. Tenant shall have coordinate the option either installation and operation of the Tenant HVAC System with Landlord to utilize ensure that the Tenant HVAC System is compatible with the systems and equipment of the Building’s chilled , and to the extent that the Tenant HVAC System is not compatible with the systems and equipment of the Building, Tenant shall not be entitled to install or condenser wateroperate the same. Tenant shall be solely responsible, 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 's sole cost and expense, which for the monitoring, operation, replacement and repair of the Tenant HVAC System. In connection with the Tenant HVAC System, (a) Tenant shall install, at Tenant's cost, a submeter to measure the flow electricity utilized by the Tenant HVAC System, as well as submeters to measure the use of chilled any other utilities utilized by the Tenant HVAC System, and (b) Tenant shall be responsible for the payment of all costs relating to the use of electricity and other utilities, as well as the maintenance and repair of the Tenant HVAC System. At Landlord's sole option, upon written notice to Tenant no less than one hundred twenty (120) days prior to the Lease Expiration Date, Tenant shall remove any Tenant HVAC System prior to the expiration or condenser water earlier termination of this Lease, and repair any damage to the Building caused by such removal and restore the portion of the Building and Premises affected by such removal to the condition existing prior to the installation of such Tenant HVAC System, or leave same in the Premises, and Tenant in which event the same shall pay Landlord for Tenant’s use of chilled or condenser water at Landlord’s actual cost. Tenant shall bear all costs become a part of the equipment realty and installationbelong to Landlord and shall be surrendered with the Premises upon the expiration or earlier termination of this Lease.

Supplemental HVAC. Subject 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 prior consent, which consent shall not approval may be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install a supplemental HVAC system serving all or any portion withheld in Landlord’s sole and absolute discretion. Tenant’s installation of the Premises. Any such supplemental Tenant HVAC system System shall comply with and be installed pursuant to governed by 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 acknowledges that such Tenant HVAC System installation will constitute an over-standard electrical use, and that in such event Tenant will be required to utilize the Building’s chilled or condenser waterinstall, 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 a device to the Premisesseparately meter such increased electrical use, and Tenant shall pay the increased cost directly to Landlord for (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 use existing supplemental HVAC, as the same may be modified, replaced or upgraded in accordance with the provisions of chilled 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 condenser water if Landlord terminates the Lease due to a Tenant Event of Default, then, at Landlord’s actual costelection 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 bear all costs 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 responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repair, replacement, and, if applicable, removal of the equipment Tenant HVAC System, and installationin no event shall the Tenant HVAC System interfere with Landlord’s operation of the Building.

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 As a supplemental HVAC system serving all or any portion part of the Premises. Any such supplemental HVAC system shall be installed pursuant to the terms of Article 8 Tenant Improvements 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 subject to the terms of the foregoing sentenceTenant Work Letter, then Landlord Tenant, at its sole expense (or as a deduction from the Tenant Improvement Allowance), may install supplemental HVAC units in the Premises for the purpose of providing supplemental air- conditioning to the Premises (the "Tenant HVAC System"). In accordance with the Tenant Work Letter, all aspects of the Tenant HVAC System (including, but not limited to, any connection to the Building's chilled or condenser water system) shall install a submetering device be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed. Tenant may not connect into the Building's chilled or condenser water system. Tenant shall be permitted, at Tenant’s 's sole cost and expense, which shall measure to access 277/480 volts of electricity (subject to availability) from the flow of chilled or condenser water existing bus duct riser in connection with the Tenant HVAC System. At Landlord's election prior to the Premisesexpiration or earlier termination of this Lease, Tenant shall leave the Tenant HVAC System in the Premises upon the expiration or earlier termination of this Lease, in which event the Tenant HVAC System shall be surrendered with the Premises upon the expiration or earlier termination of this Lease, and Tenant shall pay thereafter have no further rights with respect thereto. In the event that Landlord for fails to elect to have the Tenant HVAC System left in the Premises upon the expiration or earlier termination of this Lease, then Tenant shall remove the Tenant HVAC System upon the expiration or earlier termination of this Lease, and repair all damage to the Building resulting from such removal, at Tenant’s use of chilled or condenser water at Landlord’s actual cost's sole cost and expense. Tenant shall bear all costs be solely responsible, at Tenant's sole cost and expense, for the monitoring, operation, repair, replacement, and removal (subject to the foregoing terms of this Section 6.1.1.2), of the equipment Tenant HVAC System, and installationin no event shall the Tenant HVAC System interfere with Landlord's operation of the Building. Any reimbursements owing by Tenant to Landlord pursuant to this Section 6.1.1.2 shall be payable by Tenant within five (5) business days of Tenant's receipt of an invoice therefor.

Supplemental HVAC. Subject to Landlord’s 's prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install install, at Tenant's sole cost, a supplemental HVAC HYAC system serving all or any portion of the Premises. Any such supplemental HVAC HYAC 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 '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 Building tenant’s 's lease. Any such supplemental HYAC system installed by Tenant shall have the option either to utilize the Building’s 's chilled or condenser waterwater (no to exceed Tenant's pro-rata share of ten (10) tons per floor), at Landlord’s '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 's chilled or condenser water system pursuant to the terms of the foregoing sentence, then Landlord shall install a submetering device at Tenant’s '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 's use of chilled or condenser water at Landlord’s 's actual cost. Tenant shall bear all costs of the equipment and installation.

Supplemental HVAC. Subject Notwithstanding any provision set forth in this Lease to the contrary, Tenant shall have the right, at Tenant’s cost and expense, to install a supplemental heating, ventilation and air conditioning system (the “Supplemental HVAC System”) as an “Alteration” pursuant to the terms of Article 8 of this Lease (i.e., the plans, specifications and procedures for installation will first need to be approved by Landlord pursuant to the terms of Article 8 of this Lease). Tenant shall, at Tenant’s sole cost and expense, (i) subject to Applicable Laws (as well as Landlord’s rules, regulations, and guidelines applicable thereto) maintain (itself or through a service provider) the Supplemental HVAC System, and (ii) maintain the remaining portions of the Premises to the extent not part of the Building Structure and Building Systems to the extent such Building Structure and/or Building Systems is to be maintained and repaired by Landlord under this Lease. Landlord and Tenant hereby acknowledge and agree that Landlord shall have no liability in connection with Tenant’s use, maintenance and/or repair of such Supplemental HVAC System. Notwithstanding any provision to the contrary contained in this Lease, to the extent directed by Landlord prior to the expiration or earlier termination of this Lease, Tenant shall be obligated to remove the Supplemental HVAC System prior to the expiration or earlier termination of this Lease and restore any areas affected by the removal thereof to a Building-standard tenant improved condition. Tenant shall remain solely liable for any damage arising in connection with Tenant’s installation, use, maintenance and/or repair of such Supplemental HVAC System, including, without limitation, any damage to the area where the Supplemental HVAC System is located, and any leaks from the Supplemental HVAC System. Bearing in mind that this is a multi-tenant Building, and that Tenant has, amongst other things, agreed not to obstruct or interfere with the rights of other tenants or occupants of the Building, Tenant hereby agrees to use commercially reasonable efforts to mitigate any noise and vibrations which may be produced from the Supplemental HVAC System. Tenant shall have no right to access the roof without first receiving 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 Notwithstanding anything to the terms of Article 8 and shall be deemed an Alteration for purposes of contrary contained in 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 Buildingevent that Tenant installs the Supplemental HVAC System in accordance with this Section 6.5, or would materially interfere withTenant, 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 install supplementary or additional metering devices to separately meter the flow of chilled or condenser water to the PremisesSupplemental HVAC System, and Tenant shall pay Landlord for in such event Tenant, at Tenant’s use of chilled or condenser water at Landlord’s actual cost. Tenant sole cost and expense, shall bear all costs of be responsible for the equipment maintenance and installationrepair thereof.

Supplemental HVAC. Subject As a part of its Tenant Improvements, and subject to the terms of the Tenant Work Letter, or as an Alteration done in accordance with the terms of Article 8, below, Tenant, at its sole expense, may install a supplemental HVAC system in the Premises or in a location in the Project to be mutually and reasonably agreed upon by Landlord and Tenant for the purpose of providing supplemental air-conditioning to the Premises (the "Tenant HVAC System"). To the extent the Tenant HVAC System occupies revenue producing areas of the Project (e.g., parking spaces), Tenant shall be required to pay to Landlord the lost rental or income associated with such area. All aspects of the Tenant HVAC System shall be subject to Landlord’s 's prior consentwritten approval, which consent approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have unless 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 structural aspects of the Building, unless the Building systems and equipment, and/or the exterior appearance of the Building will be materially adversely affected, in which event Landlord's approval may be withheld in Landlord's sole and absolute discretion. The Tenant agrees to pay for such increased costs HVAC System shall be air cooled, and such installation would not result in Landlord being in breach or default under any other tenant’s leasethe condenser must be on the exterior of the Building. Tenant shall be responsible for the cost of all electricity utilized by the Tenant HVAC System. At Landlord's election prior to the expiration or earlier termination of this Lease, Tenant shall leave the Tenant HVAC System in the Premises upon the expiration or earlier termination of this Lease, in which event the Tenant HVAC System shall be surrendered with the Premises upon the expiration or earlier termination of this Lease, and Tenant shall thereafter have no further rights with respect thereto. In the event that Landlord fails to elect to have the option either Tenant HVAC System left in the Premises upon the expiration or earlier termination of this Lease, then Tenant shall remove the Tenant HVAC System upon the expiration or earlier termination of this Lease, and repair all damage to utilize the Building’s chilled or condenser waterBuilding resulting from such removal, at Landlord’s actual Tenant's sole cost without markupand expense. Tenant shall be solely responsible, 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 's sole cost and expense, which shall measure for the flow of chilled or condenser water monitoring, operation, repair, replacement, and removal (subject to the Premisesforegoing terms of this Section 6.5), of the Tenant HVAC System, and in no event shall the Tenant HVAC System interfere with Landlord's operation of the Building. Any reimbursements owing by Tenant to Landlord pursuant to this Section 6.5 shall pay Landlord for be payable by Tenant within thirty (30) days of Tenant’s use 's receipt of chilled or condenser water at Landlord’s actual costan invoice therefor. Tenant acknowledges that to the extent that the Tenant HVAC System shall bear all costs be visible from certain portions of the equipment Building and/or Project, Landlord may require (in Landlord's sole discretion) that Tenant, at Tenant's sole cost and installation.expense, install screening, landscaping or other improvements satisfactory to Landlord (in Landlord's sole discretion) in order to satisfy Landlord's aesthetic requirements in connection with the area surrounding the Tenant HVAC System. 760812.06/WLA375983-00004/11-2-16/ejs/ejs 22 COLORADO CENTER[2400 Broadway][Kite Pharam, Inc.]

Supplemental HVAC. Subject As a part of the Tenant Improvements and subject to the terms of the Tenant Work Letter, supplemental HVAC units may be installed in the Premises for the purpose of providing supplemental air-conditioning to the Premises (the “Tenant HVAC System”). All aspects of the Tenant HVAC System (including, but not limited to, any connection to the Building’s chilled water system) shall be subject to Landlord’s prior consentwritten approval, which consent approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to install unless a supplemental HVAC system serving all or any portion of the PremisesDesign Problem (as defined in Section 8.1 below) exists. Any such supplemental HVAC system shall be installed pursuant At Landlord’s election prior to the terms of Article 8 and shall be deemed an Alteration for purposes expiration or earlier termination of this Lease; provided, howeverTenant shall leave the Tenant HVAC System in the Premises upon the expiration or earlier termination of this Lease, it in which event the Tenant HVAC System shall be deemed reasonable for surrendered with the Premises upon the expiration or earlier termination of this Lease, and Tenant shall thereafter have no further rights with respect thereto. In the event that Landlord fails to withhold its approval elect to have the Tenant HVAC System left in the Premises upon the expiration or earlier termination of this Lease, then Tenant shall remove the Tenant HVAC System upon the expiration or earlier termination of this Lease, and repair all damage to the extent any Building resulting from such installation would materially interfere with the occupancy of other tenants in the Buildingremoval, or would materially interfere with, or materially increase the at Tenant’s sole 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 leaseexpense. Tenant shall have the option either to utilize the Building’s chilled or condenser waterbe solely responsible, 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 for the flow of chilled or condenser water monitoring, operation, repair, replacement, and removal (subject to the Premisesforegoing terms of this Section 6.1.1.1), of the Tenant HVAC System, and in no event shall the Tenant shall pay Landlord for HVAC System interfere with Landlord’s operation of the Building, but the Tenant HVAC System may, at Tenant’s use option, connect to the Building management system. Any reimbursements owing by Tenant to Landlord pursuant to this Section 6.1.1.1 shall be payable by Tenant within thirty (30) days of chilled or condenser water at LandlordTenant’s actual cost. Tenant shall bear all costs receipt of the equipment and installationan invoice therefor.