Common use of Supplemental HVAC Clause in Contracts

Supplemental HVAC. As a part of the Tenant Improvements and subject to the terms of 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 the purpose of providing supplemental air- 788287.02/WLA 375755-00007/7-26-18/mjh/ejw -20- CXXXXXX HIGHLINE 1173, 1167 & 1000 Xxxxxxx Xxxxxx Roku, Inc. 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 or condenser water system) shall be subject to Landlord's prior written approval, in accordance with Article 8 below or the Tenant Work Letter (as applicable). Tenant may not connect into the Building's chilled or condenser water system without Landlord’s prior written consent. Tenant shall be permitted, at Tenant's sole cost and expense, to access 277/480 volts of electricity (subject to availability) from the existing bus duct riser in connection with 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 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 Buildings resulting from such removal, 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 6.1.1.2), of the Tenant HVAC System, and in no event shall the Tenant HVAC System interfere with Landlord's operation of the Buildings. 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. As a part of the Tenant Improvements and subject to the terms of the Tenant Work Letter, Tenant, at its sole expense (or as a deduction from the Tenant Improvement Allowance)expense, may install a supplemental HVAC units system in the Premises for the purpose of providing supplemental air- 788287.02/WLA 375755-00007/7-26-18/mjh/ejw -20- CXXXXXX HIGHLINE 1173, 1167 & 1000 Xxxxxxx Xxxxxx Roku, Inc. conditioning to the Premises (the "Tenant HVAC System"). All aspects of In the event that the Tenant HVAC System is not installed as part of the initial "Improvements" (including, but not limited to, any connection as that term is defined in Section 2.1 of the Work Letter) pursuant to the Building's chilled or condenser water system) shall be subject to Landlord's prior written approvalWork Letter, in accordance with Article 8 below or the Tenant Work Letter (as applicable). Tenant may not connect into the Building's chilled or condenser water system without Landlord’s prior written consent. Tenant shall be permitted, at Tenant's sole cost and expense, to access 277/480 volts of electricity (subject to availability) from the existing bus duct riser in connection with 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 then the Tenant HVAC System shall be surrendered installed, if at all, by Tenant as an "Alteration" (as that term is defined in Section 8.1 below) in accordance with the Premises upon terms of Article 8, below. To the expiration or earlier termination extent space is then available on the roof of this Leasethe Building for the Tenant HVAC System, which determination shall be made by Landlord in its sole and absolute discretion, Tenant shall thereafter have no further rights with respect thereto. In the event that Landlord fails to elect to have may request installation of the Tenant HVAC System left in on the Premises upon roof of the expiration or earlier termination Building, subject to Article 8 and Section 23.6 of this Lease, then . Tenant shall remove coordinate the installation and operation of the Tenant HVAC System upon with Landlord to ensure that the expiration or earlier termination Tenant HVAC System is compatible with the systems and equipment of this Leasethe Building, and repair all damage to the Buildings resulting from such removalextent that the Tenant HVAC System is not compatible with the systems and equipment of the Building, at Tenant's sole cost and expenseTenant shall not be entitled to install or operate the same. Tenant shall be solely responsible, at Tenant's sole cost and expense, for the monitoring, operation, repairreplacement and repair of the Tenant HVAC System. In connection with the Tenant HVAC System, replacement(a) Tenant shall install, and removal (subject at Tenant's cost, a submeter to measure the foregoing terms electricity utilized by the Tenant HVAC System, as well as submeters to measure the use of this Section 6.1.1.2), of any other utilities utilized by the Tenant HVAC System, and in no event (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 interfere with System. At Landlord's operation 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 earlier termination of this Lease, and repair any damage to the Building caused by such removal and restore the portion of the Buildings. Any reimbursements owing 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, in which event the same shall become a part of the realty and belong to Landlord pursuant to this Section 6.1.1.2 and shall be payable by Tenant within five (5) business days surrendered with the Premises upon the expiration or earlier termination of Tenant's receipt of an invoice thereforthis Lease.

Supplemental HVAC. As a part of the Tenant Improvements and subject to the terms of 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 the purpose of providing supplemental air- 788287.02/WLA 375755-00007/7-26-18/mjh/ejw -20- CXXXXXX HIGHLINE 1173, 1167 & 1000 Xxxxxxx Xxxxxx Roku, Inc. conditioning to the Premises (the "Tenant HVAC System"). All 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 be subject to Landlord's prior written approval, in accordance with Article 8 below which approval shall not be unreasonably withheld or the Tenant Work Letter (as applicable)delayed. Tenant may not connect into the Building's chilled or condenser water system without Landlord’s prior written consentsystem. Tenant shall be permitted, at Tenant's sole cost and expense, to access 277/480 volts of electricity (subject to availability) from the existing bus duct riser in connection with 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 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 Buildings Building resulting from such removal, 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 6.1.1.2), of the Tenant HVAC System, and in no event shall the Tenant HVAC System interfere with Landlord's operation of the BuildingsBuilding. 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. As a part of (a) To furnish the Tenant Improvements and subject to the terms of the Tenant Work LetterPremises with supplemental air-conditioning, 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- 788287.02/WLA 375755-00007/7-26-18/mjh/ejw -20- CXXXXXX HIGHLINE 1173, 1167 & 1000 Xxxxxxx Xxxxxx Roku, Inc. 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 or condenser water system) shall be subject to Landlord's prior written approval, in accordance with Article 8 below or the Tenant Work Letter (as applicable). Tenant may not connect into the Building's chilled or condenser water system without LandlordTenant’s prior written consent. Tenant shall be permitted, at Tenant's sole cost and expense, to access 277/480 volts of electricity (and in accordance with, and subject to availability) from to, the existing bus duct riser in connection with the Tenant HVAC System. At Landlord's election prior to the expiration or earlier termination applicable provisions of this Lease, Tenant shall leave the Tenant HVAC System including Article 13 hereof, may furnish and install in the Premises upon condenser water cooled air conditioning units (with an electric heat coil, if Tenant so desires), the expiration or earlier termination aggregate tonnage of this Leasewhich does not exceed the Maximum Supplemental HVAC Capacity (as hereinafter defined), and, in which event connection with such installation, shall, at its sole cost and expense, furnish, design, install and distribute (all within the Tenant Premises) the ductwork, fans, blowers, chilling equipment, thermostatic controls, smoke detectors, condensate removal and other facilities, equipment and machinery (collectively, “Tenant’s HVAC System Equipment”) required to make the said units operational, and shall, at its sole cost and expense, in connection with such distribution, furnish, design, install, distribute and locate said units and Tenant’s HVAC Equipment in accordance with the approved Tenant’s Plans therefor. All of said condenser water cooled air conditioning units, together with Tenant’s HVAC Equipment, is herein referred to as the “Supplemental HVAC Units.” The Supplemental HVAC Units shall be surrendered with installed by Tenant at its sole cost and expense and in accordance with, and subject to, the Premises upon the expiration or earlier termination applicable provisions of this Lease, and shall be located solely within the Premises. Landlord shall connect the Supplemental HVAC Units so installed by Tenant to the Building’s condenser water system, and Tenant shall thereafter have no further rights with respect thereto. In pay to Landlord, within thirty (30) days after Landlord’s demand therefor, the event that out-of-pocket costs and expenses reasonably incurred by Landlord fails to elect third-parties to have connect the Tenant Supplemental HVAC System left in Units to the Premises upon Building’s condenser water system. (b) For the expiration or earlier termination purposes of this Lease, then “Maximum Supplemental HVAC Capacity” means 25 tons for each full floor portion of Premises (proportionately reduced for any partial floors included within the Premises); provided, however, Tenant shall remove have the right to reduce from time to time, within the twenty four (24) month period commencing on the Commencement Date, the number of tons constituting the Maximum Supplemental HVAC Capacity, by giving notice(s) to Landlord of such reduction(s) no later than the last day of such twenty four (24) month period. If Tenant reduces the number of tons constituting the Maximum Supplemental HVAC System upon Capacity as provided herein, then, Tenant may request an increase in the expiration number of tons constituting the Maximum Supplemental HVAC Capacity to the amounts set forth in the first sentence of this Section 17.05(b), and, if (i) Landlord has not allocated to any person the condenser water needed to so increase the Maximum Supplemental HVAC Capacity, (ii) Landlord has not committed itself to allow any person to use such condenser water, and (iii) Landlord does not then require and, in Landlord’s reasonable determination, Landlord is not likely to require such condenser water for any other tenant or earlier termination occupant of the Building or for the operation of the Building, then the Maximum Supplemental HVAC Capacity shall be increased by the lesser of (A) amount so requested by Tenant, and (B) the maximum amount Landlord reasonably determines is available based on clauses “(i),” “(ii)” and “(iii)” above. Further, if at any time after the date hereof, portions of the Premises that are part of the premises under this Lease on the date hereof are subject to a Takeback Sublease or are no longer a part of the premises demised under this Lease pursuant to the exercise of a Landlord’s Option, then from and after the date(s) that such portions of the Premises are no longer part of the premises demised under this Lease, the Maximum Supplemental HVAC Capacity shall, at Landlord’s election, be reduced by the amount set forth in Tenant’s A/S Notice and repair all damage to the Buildings resulting A/S Term Sheet, and at any time from and after such removaldates Landlord, at Tenant's sole cost and expense. Tenant shall be solely responsible, at Tenant's ’s sole cost and expense, for shall perform all work necessary to reduce the monitoring, operation, repair, replacementcondenser water available to operate the Supplemental HVAC Units at a capacity not to exceed the revised Maximum Supplemental HVAC Capacity, and removal Tenant shall reimburse Landlord, within thirty (subject 30) days after Landlord’s demand therefor, all costs and expenses incurred by Landlord to perform such work, including modifications to the foregoing terms Building’s condenser water system resulting from the change in the number of this Section 6.1.1.2), of tons constituting the Tenant Maximum Supplemental HVAC System, and Capacity or any change in no event shall the Tenant HVAC System interfere with Landlord's operation of the BuildingsPremises. Any reimbursements owing by Tenant to Landlord pursuant to this Section 6.1.1.2 There shall be payable by Tenant within five (5) business days of Tenant's receipt of an invoice thereforno “tap-in” fees.