Common use of Temperature Control Clause in Contracts

Temperature Control. Indiana law does not define the term “temperature controlled”. This Provision defines the responsibilities of Owner for providing temperature control to the Rented Space. If the Rented Space leased under this Rental Agreement between Owner and Renter is a temperature controlled Rented Space. Owner provides heating and air conditioning to the building containing the Rented Space. It is agreed that Owner shall use all reasonable efforts to maintain a temperature in the building containing the Rented Space by heating to no less than forty-five degrees (45°) Fahrenheit and by cooling the Rented Space to no more than eighty-five degrees (85°) Fahrenheit. Renter recognizes that under certain circumstances including, but not exclusively, mechanical failure, material shortages, electrical or other utility blackouts, brownouts, or other failures, acts of God, labor or materials shortages, strikes, malicious mischief, and fire, that the temperature may deviate from the desired temperature and Renter understands that heating systems and their power sources are not redundant. Further, the temperature in the building containing the Rented Space may vary from the temperature of the Rented Space. Renter agrees to release Owner from any and all liability arising from any such failure of the heating and air conditioning systems which occur as a result of a failure outside of Owner=s direct control.