Tenant HVAC System. As a part of its Tenant Improvements (as defined in Section 2.1 of the Tenant Work Letter) 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 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 written approval, which approval shall not be withheld or conditioned except to the extent a Design Problem exists, or delayed beyond five (5) business days. If required for such purpose, Tenant may connect into the Building’s chilled water system, if and to the extent that Tenant’s use of chilled water pursuant to this Section 6.3 will not materially, adversely affect the chilled water system of the Building, as determined by Landlord in Landlord’s reasonable discretion. 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 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 6.3), 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 6.3 shall be payable by Tenant as Additional Rent within ten (10) business days of Tenant’s receipt of an invoice therefor.
Appears in 2 contracts
Samples: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)
Tenant HVAC System. As a part of its Tenant Improvements (as defined in Section 2.1 of the Tenant Work Letter) 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 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 written approval, which approval shall not be withheld or conditioned except to the extent a Design Problem exists, or delayed beyond five (5) business days. If required for such purpose, Tenant may connect into the Building’s chilled water system, if and to the extent that (i) Tenant’s use of chilled water pursuant to this Section 6.3 6.4 will not materially, adversely affect affected the chilled water system or the use thereof by other current or future tenants of the Project, and (ii) such connection is otherwise approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. If Tenant connects into the Building’s chilled water system pursuant to the terms of the foregoing sentence, as determined by (x) Landlord in may install, at Tenant’s expense, a meter to measure Tenant’s use of chilled water, and (y) Tenant shall reimburse Landlord for Tenant’s use of chilled water, at Landlord’s reasonable discretionactual cost. At In addition, (a) at Landlord’s election option, Landlord shall, at Tenant’s sole cost and expense, separately meter the electricity utilized by the Tenant HVAC System, and (b) Tenant shall be responsible for the cost of all electricity utilized by 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 be installed, if at all, by Tenant in accordance with the terms of Article 8, below. In the event that the Tenant HVAC System is installed, Tenant acknowledges that, at Landlord’s option, by notice to Tenant at least ninety (90) days prior to the expiration or earlier termination of this Lease, Tenant shall leave remove the Tenant HVAC System, repair all associated damage and restore all affected areas to the condition existing prior to Tenant’s installation thereof. If Landlord does not deliver such a notice, the Tenant HVAC System in shall become a part of the Premises upon the expiration or earlier termination of this Lease, in which event the Tenant HVAC System realty and belong to Landlord and 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 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 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 6.3 shall be payable by Tenant as Additional Rent within ten (10) business days of Tenant’s receipt of an invoice therefor.
Appears in 2 contracts
Samples: Office Lease (ServiceTitan, Inc.), Office Lease (ServiceTitan, Inc.)
Tenant HVAC System. As a part of its Tenant Improvements the “Improvements” (as defined in Section 2.1 of the Tenant Work Letter) and subject to the terms of the Tenant Work Letter, or as an Alteration during the Lease Term, Tenant, at its sole expense, may install a supplemental HVAC system 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 condenser water system) shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, unless the Building Structure, the Building Systems, and/or the exterior appearance of the Building will be negatively affected, in which event Landlord’s approval may be withheld or conditioned except in Landlord’s sole and absolute discretion. Subject to the extent a Design Problem exists, or delayed beyond five (5) business days. If required for such purpose, Tenant may connect into the BuildingLandlord’s chilled water system, if and to the extent that approval of Tenant’s use HVAC System, Landlord shall allow Tenant to access Tenant’s pro-rata share of chilled Building condenser water pursuant (which pro-rata share shall be calculated based upon an allocation of Building condenser water to this Section 6.3 will not materially, adversely affect the chilled water system accommodate up to ten (10) tons of supplemental cooling capacity per full floor of the Building), as determined by Landlord and in connection therewith, Tenant shall pay Landlord’s commercially reasonable discretionprevailing rate for (a) the tap fee associated with such condenser water, and (b) the condenser water utilized by Tenant. In connection with the Tenant HVAC System, Tenant shall at Tenant’s sole cost and expense, install separate meters or submeters and Landlord shall separately meter or submeter the electricity utilized by the Tenant HVAC System. Tenant shall maintain such meters or submeters in good condition and operating order and keep in good repair and condition throughout the Lease Term. At Landlord’s election delivered at least sixty (60) days 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 prior to 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 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 6.36.5), 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 6.3 6.5 shall be payable by Tenant as Additional Rent within ten thirty (1030) business days of Tenant’s receipt of an invoice therefor.
Appears in 2 contracts
Samples: Office Lease (DoorDash Inc), Office Lease (DoorDash Inc)
Tenant HVAC System. As a part of its Tenant Improvements (as defined in Section 2.1 of shall have the Tenant Work Letter) and subject to the terms of the Tenant Work Letter, Tenantright, at its sole cost and expense, may to install a supplemental HVAC system in systems within the Premises for the purpose of providing supplemental air-conditioning to the Premises (the “Tenant HVAC System”) in accordance with the terms of Article 8 below and this Section 6.7. Tenant shall have no right to utilize any space outside the Premises for the Tenant HVAC System (the space below the concrete ceiling and above the drop ceiling shall be considered a part of the Premises for purposes of this Section 6.7 and Tenant may utilize such area so long as Tenant’s use thereof does not interfere with the Base, Shell & Core including any base building equipment). 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 written approval, which approval shall not be unreasonably withheld, conditioned or delayed, unless the Building structure and/or the Building systems will be adversely affected, in which event Landlord’s approval may be withheld or conditioned except to the extent a Design Problem exists, or delayed beyond five (5) business daysin Landlord’s sole and absolute discretion. If required for such purpose, Tenant may connect into the Building’s chilled water system, if and to the extent that (i) Tenant’s use of chilled water pursuant to this Section 6.3 6.7 will not materially, adversely affect the chilled water system or the use thereof by other tenants of the Building, as determined by Landlord in Landlord’s reasonable discretion. At , and (ii) such connection is otherwise approved by Landlord’s election prior to , which approval shall not be unreasonably withheld, conditioned or delayed, unless such connection adversely affects the expiration or earlier termination of this Lease, Tenant shall leave Building structure and/or the Tenant HVAC System in the Premises upon the expiration or earlier termination of this LeaseBuilding systems, in which event Landlord’s approval may be withheld in Landlord’s sole and absolute discretion. If Tenant connects into the Building’s chilled water system pursuant to the terms of the foregoing sentence, then Tenant HVAC System shall be surrendered with the Premises upon the expiration or earlier termination install, at Tenant’s expense, a meter to measure Tenant’s use of this Leasechilled water, and Tenant shall thereafter have no further rights with respect theretoreimburse Landlord for Tenant’s use of chilled water at the actual cost therefor. 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 removalbe permitted, at Tenant’s sole cost and expense, to access 277/480 volts of electricity from the existing bus duct riser in connection with the Tenant HVAC System. In connection with the foregoing, Tenant 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 actual cost therefor. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, maintenance, repair, replacement, and removal (subject to the foregoing terms of this Section 6.3), replacement 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 6.3 6.7 shall be payable by Tenant as Additional Rent within ten thirty (1030) business days of Tenant’s receipt of an invoice therefor. Tenant shall leave the Tenant HVAC System in the Premises, and surrender the same to Landlord upon the expiration or earlier termination of this Lease, and such system shall become a part of the realty and Tenant shall thereafter have no further rights with respect thereto.
Appears in 1 contract
Samples: Office Lease (Legalzoom Com Inc)
Tenant HVAC System. As The installation of a part Tenant HVAC System shall be subject to Article 8 of its this Lease. Notwithstanding any provision to the contrary in the Lease, throughout the Term and any renewal or extension, the Tenant Improvements (as defined in Section 2.1 shall be solely responsible for the cost of the Tenant Work Letter) maintenance, operation, repair 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 Premises (the “Tenant HVAC System”). All aspects replacement of the Tenant HVAC System and any part thereof. The Tenant will operate and regulate the Tenant HVAC System as would a prudent owner and shall maintain in the Premises a temperature sufficient to ensure that no direct or indirect appropriation of heating, ventilating and/or air-conditioning from any other heating, ventilating and/or air-conditioning systems serving the [●] Building occurs and that no damage ensues to such system(s) or any part of the [●] Building. The Tenant shall take out and maintain in force such service contracts with reputable service providers (including, for matters such as but not limited to, any connection to the Building’s chilled water system) maintenance and repair of the plumbing and other mechanical systems, services and equipment which are its responsibility pursuant to the provisions of this Lease, garbage, refuse, rubbish, trash and waste removal, security and the like), as Landlord, acting reasonably, may from time to time determine to be necessary or advisable for the good order, appearance, safety and care of the Premises. Copies of all such contracts shall be subject exhibited to Landlord’s prior written approval, which approval Landlord upon demand. The Tenant HVAC System shall not be withheld or conditioned except to at all times remain the extent a Design Problem exists, or delayed beyond five (5) business days. If required for such purpose, Tenant may connect into the Building’s chilled water system, if and to the extent that Tenant’s use of chilled water pursuant to this Section 6.3 will not materially, adversely affect the chilled water system ownership of the BuildingTenant. However, the Tenant HVAC System shall remain upon and be surrendered with the Premises as determined by Landlord in Landlord’s reasonable discretion. At Landlord’s election prior a part thereof without disturbance, molestation or injury to them on the expiration or earlier sooner termination of this Lease, Tenant shall leave absolutely, free of any liens or encumbrances and without payment therefor to the Tenant. Notwithstanding the foregoing or anything herein contained to the contrary, the Landlord may, by notice to the Tenant HVAC System in prior to or promptly after the Premises upon the expiration or earlier termination of this Lease, in which event require 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 the expense of the 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 6.3), of the Tenant HVAC System, and require the Tenant to restore the Premises, and any other part of the Development affected thereby, to the condition in no event which they existed prior to the installation and removal of the foregoing and to repair forthwith any damage to the Premises or the Development caused by such removal or installation thereof, such work to be done forthwith by or at the direction of the Landlord and at the expense of the Tenant. Such removal and repair shall be completed if reasonably possible by the date of termination of this Lease and otherwise promptly thereafter. If the Tenant does not remove the Tenant HVAC System interfere with Landlord’s operation prior to the expiry or earlier termination of the Building. Any reimbursements owing by Term, the Landlord shall have the right to do so and the Tenant shall pay to the Landlord pursuant to this Section 6.3 shall be payable by Tenant on demand, as Additional Rent within ten Rent, all costs incurred by the Landlord in connection therewith, plus an administration fee of fifteen percent (1015%) business days of Tenant’s receipt of an invoice thereforthe costs.
Appears in 1 contract
Samples: Lease Agreement
Tenant HVAC System. As a part of its Tenant Improvements (as defined in Section 2.1 of the Tenant Work Letter) and subject to the terms of the Tenant Work Letter, Tenant, at its sole cost and expense, may install a supplemental HVAC system in the Premises Premises, for the purpose of providing supplemental air-conditioning to servicing the Premises (the “Tenant HVAC System”). All aspects of Tenant shall have no right to utilize any space outside the Premises for the Tenant HVAC System System, other than an area of the roof of the Building reasonably designated by Landlord (including, but not limited to, any connection to the Building’s chilled water system) shall be subject to Landlord’s prior written approval, which approval Landlord shall not charge Tenant any rent for Tenant’s use of the roof of the Building for the Tenant HVAC System). Tenant acknowledges and agrees that Landlord shall have no obligation to structurally reinforce the roof (or to pay for or reimburse Tenant for costs thereof) which may be withheld necessary to accommodate any of Tenant’s HVAC System and distribution systems or conditioned to support Tenant Improvement HVAC/electrical/fire sprinkler loads, except to the extent a Design Problem existsexpressly set forth in the Work Letter. Any such installation shall be made by Tenant in accordance with the terms of Article 8 of this Lease. Tenant shall coordinate the installation and operation of Tenant’s HVAC System with Landlord to ensure that Tenant’s HVAC System is compatible with the Building Systems, or delayed beyond five (5) business days. If required for such purpose, Tenant may connect into the Building’s chilled water system, if and to the extent that Tenant’s use of chilled water pursuant to this Section 6.3 will HVAC System is not materially, adversely affect compatible with the chilled water system of the Building, as determined by Landlord in Landlord’s reasonable discretion. At Landlord’s election prior to the expiration or earlier termination of this LeaseBuilding Systems, Tenant shall leave not be entitled to install or operate 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 expensesame. Tenant shall be solely responsible, at Tenant’s sole cost and expense, for the monitoring, operation, repairreplacement and repair of Tenant’s HVAC System. In connection with the Tenant HVAC System, replacement(a) Tenant shall, at Tenant’s sole cost and expense, separately meter the electricity utilized by the Tenant HVAC System (and Tenant, at Tenant’s sole cost and expense, shall be responsible for the maintenance and repair thereof), and removal (subject b) Tenant shall be responsible for the cost of all electricity utilized by the Tenant HVAC System. At Landlord’s sole option, Tenant shall remove the Tenant HVAC System prior to the foregoing terms expiration or earlier termination of this Section 6.3)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, in which event the same shall become a part of the realty and belong to Landlord and shall be surrendered with the Premises upon the expiration or earlier termination of this Lease; provided, however, to the extent Tenant’s request for approval of the installation of the Tenant HVAC System expressly requests Landlord’s determination regarding such removal, repair and restoration, such removal option shall be exercised by Landlord (if at all) at the time Landlord grants its consent to Tenant’s installation 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 6.3 shall be payable by Tenant as Additional Rent within ten (10) business days of Tenant’s receipt of an invoice therefor.
Appears in 1 contract
Samples: Office Lease (GoodRx Holdings, Inc.)
Tenant HVAC System. As The installation of a part Tenant HVAC System shall be subject to Article 8 of its this Lease. Notwithstanding any provision to the contrary in the Lease, throughout the Term and any renewal or extension, the Tenant Improvements (as defined in Section 2.1 shall be solely responsible for the cost of the Tenant Work Letter) maintenance, operation, repair 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 Premises (the “Tenant HVAC System”). All aspects replacement of the Tenant HVAC System and any part thereof. The Tenant will operate and regulate the Tenant HVAC System as would a prudent owner and shall maintain in the Premises a temperature sufficient to ensure that no direct or indirect appropriation of heating, ventilating and/or air-conditioning from any other heating, ventilating and/or air-conditioning systems serving the [●] Building occurs and that no damage ensues to such system(s) or any part of the [●] Building. The Tenant shall take out and maintain in force such service contracts with reputable service providers (including, for matters such as but not limited to, any connection to the Building’s chilled water system) maintenance and repair of the plumbing and other mechanical systems, services and equipment which are its responsibility pursuant to the provisions of this Lease, garbage, refuse, rubbish, trash and waste removal, security and the like), as Landlord, acting reasonably, may from time to time determine to be necessary or advisable for the good order, appearance, safety and care of the Premises. Copies of all such contracts shall be subject exhibited to Landlord’s prior written approval, which approval Landlord upon demand. The Tenant HVAC System shall not be withheld or conditioned except to at all times remain the extent a Design Problem exists, or delayed beyond five (5) business days. If required for such purpose, Tenant may connect into the Building’s chilled water system, if and to the extent that Tenant’s use of chilled water pursuant to this Section 6.3 will not materially, adversely affect the chilled water system ownership of the BuildingTenant. However, the Tenant HVAC System shall remain upon and be surrendered with the Premises as determined by Landlord in Landlord’s reasonable discretion. At Landlord’s election prior a part thereof without disturbance, molestation or injury to them on the expiration or earlier sooner termination of this Lease, Tenant shall leave absolutely, free of any liens or encumbrances and without payment therefor to the Tenant. Notwithstanding the foregoing or anything herein contained to the contrary, the Landlord may, by notice to the Tenant HVAC System in prior to or promptly after the Premises upon the expiration or earlier termination of this Lease, in which event require 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 the expense of the 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 6.3), of the Tenant HVAC System, and require the Tenant to restore the Premises, and any other part of the Development affected thereby, to the condition in no event which they existed prior to the installation and removal of the foregoing and to repair forthwith any damage to the Premises or the Development caused by such removal or installation thereof, such work to be done forthwith by or at the direction of the Landlord and at the expense of the Tenant. Such removal and repair shall be completed if reasonably possible by the date of termination of this Lease and otherwise promptly thereafter. If the Tenant does not remove the Tenant HVAC System interfere with Landlord’s operation prior to the expiry or earlier termination of the Building. Any reimbursements owing by Term, the Landlord shall have the right to do so and the Tenant shall pay to the Landlord pursuant to this Section 6.3 shall be payable by Tenant on demand, as Additional Rent within ten Rent, all costs incurred by the Landlord in connection therewith, plus an administration fee of fifteen percent (1015%) business days of Tenant’s receipt of an invoice thereforthe costs.
Appears in 1 contract
Samples: Lease Agreement
Tenant HVAC System. As a part of its Tenant Improvements (as defined in Section 2.1 of the Tenant Work Letter) 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 Premises (the “"Tenant HVAC System”"). All aspects of the Tenant HVAC System (including, but not limited to, any connection to the Building’s 's chilled water system) shall be subject to Landlord’s 's prior written approval, which approval shall not be withheld or conditioned except to the extent a Design Problem exists, or delayed beyond five (5) business days. If required for such purpose, Tenant may connect into the Building’s 's chilled water system, if and to the extent that Tenant’s 's use of chilled water pursuant to this Section 6.3 will not materially, adversely affect the chilled water system of the Building, as determined by Landlord in Landlord’s 's reasonable discretion. At Landlord’s 's 00 XXX XXXXXX STAR WAY(Single-Tenant Lease Form)[Rovi Corporation] 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 Building resulting from such removal, at Tenant’s 's sole cost and expense. Tenant shall be solely responsible, at Tenant’s '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 Tenant HVAC System, and in no event shall the Tenant HVAC System interfere with Landlord’s 's operation of the Building. Any reimbursements owing by Tenant to Landlord pursuant to this Section 6.3 shall be payable by Tenant as Additional Rent within ten (10) business days of Tenant’s 's receipt of an invoice therefor.
Appears in 1 contract
Samples: Lease Agreement (Rovi Corp)
Tenant HVAC System. As a part of its Tenant Improvements (as defined in Section 2.1 of the Tenant Work Letter) and subject Subject to the terms and conditions of the Tenant Work LetterArticle 8 of this Lease, Tenant, at its sole expense, may install a supplemental HVAC system in the Premises at any time during the Lease Term, for the purpose of providing supplemental air-conditioning to the Premises (the “Tenant "TENANT HVAC System”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 's prior written approval, which approval shall not be withheld unreasonably withheld, conditioned or conditioned except to delayed, unless the extent a Design Problem exists, Building Systems or delayed beyond five (5) business days. If required for such purpose, Tenant may connect into Building Structure and/or the Building’s chilled water system, if and to the extent that Tenant’s use of chilled water pursuant to this Section 6.3 will not materially, adversely affect the chilled water system exterior appearance of the BuildingBuilding will be affected, in which event Landlord's approval may be withheld in Landlord's sole and absolute discretion. In connection with the foregoing, Landlord may, at Tenant's sole cost and expense without profit or markup by Landlord, separately meter the electricity utilized by the Tenant HVAC System, and Tenant shall reimburse Landlord for the cost as reasonably determined by Landlord in Landlord’s reasonable discretionof all electricity utilized by the Tenant HVAC System. At the time of Landlord’s election prior 's approval of the Tenant HVAC System, Landlord shall notify Tenant as to the expiration whether or earlier termination of this Lease, Tenant shall leave not the Tenant HVAC System in the Premises upon the expiration must be removed by Tenant 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 provided that if Landlord fails to elect provide such notice at the time its gives its consent to have the such Tenant HVAC System, then Tenant shall not be required to remove such Tenant HVAC System left in and the same shall be surrendered to Landlord along with 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 be solely responsible, at Tenant’s 's sole cost and expense, for the monitoring, operation, repair, replacement, and removal (subject to the foregoing terms of this Section 6.36.6), of the Tenant HVAC System, and in no event shall the Tenant HVAC System interfere with Landlord’s 's operation of the Building. Any reimbursements owing by Tenant to Landlord pursuant to this Section 6.3 6.6 shall be payable by Tenant as Additional Rent within ten thirty (1030) business days of Tenant’s 's receipt of an invoice therefor.
Appears in 1 contract
Samples: Office Lease (Navarre Corp /Mn/)
Tenant HVAC System. As a part of its Tenant Improvements (as defined in Section 2.1 of the Tenant Work Letter) and subject Subject to the terms of the Tenant Work LetterParagraph 7 of this Lease, Tenant, at its sole expense, expense may install a supplemental HVAC system systems in the Premises for the purpose of providing supplemental air-conditioning to the Premises (the “"TENANT HVAC SYSTEM"), provided that the same does not interfere with the Building's electrical, HVAC or other systems. In connection with 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 written approval, which approval shall not be withheld or conditioned except to the extent a Design Problem exists, or delayed beyond five (5) business days. If required for such purpose, Tenant may may, at its sole cost and expense, connect into the Building’s chilled 's water systemsystem to the extent available (as reasonably determined by Landlord), if and to the extent that (i) Tenant’s 's use of chilled water pursuant to this Section 6.3 Paragraph 6.6 will not materially, materially adversely affect the chilled water system or the use thereof by other tenants of the Building, and (ii) such connection is otherwise approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed unless a "Design Problem," as determined that term is defined, below, exists. If Tenant connects into the Building's water system pursuant to the terms of the foregoing sentence, (x) Tenant shall install, at Tenant's expense, a meter to measure Tenant's use of water, and (y) Tenant shall reimburse Landlord for Tenant's use of water. Tenant shall be responsible for the cost of all electricity utilized by Landlord in Landlord’s reasonable discretionthe Tenant HVAC System. At Landlord’s election prior 's sole option, which option shall be exercised (if at all) at the time Landlord grants its consent to Tenant's installation of the expiration or earlier termination of this LeaseTenant HVAC System, Tenant shall leave remove the Tenant HVAC System System, and repair any damages to the Building caused by such removal, or leave same in the Premises upon the expiration or earlier termination of this LeasePremises, in which event the Tenant HVAC System same shall become a part of the realty and belong to Landlord and 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 For purposes of this Lease, then Tenant shall remove the Tenant HVAC System upon the expiration or earlier termination of this Leasea "Design Problem" is defined as, and repair all damage will be deemed to exist if the 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 applicable work or improvement will 0) affect the monitoring, operation, repair, replacement, and removal (subject to the foregoing terms of this Section 6.3), of the Tenant HVAC System, and in no event shall the Tenant HVAC System interfere with Landlord’s operation exterior appearance of the Building. Any reimbursements owing by Tenant ; (ii) adversely or materially affect the Building structure; (iii) adversely or materially affect the Building systems; (iv) unreasonably and materially interfere with any other Project occupant's normal and customary office operation or (v) fail to Landlord pursuant to this Section 6.3 shall be payable by Tenant as Additional Rent within ten (10) business days of Tenant’s receipt of an invoice thereforcomply with Regulations.
Appears in 1 contract
Samples: Office Lease (L90 Inc)
Tenant HVAC System. As a part of its Tenant Improvements (as defined in Section 2.1 of the Tenant Work Letter) and subject to the terms of the Tenant Work Letter, Tenant, at its sole expense, may install a supplemental HVAC system on the roof of Building F, Building A and/or Building C, or otherwise in a location in the Premises approved by Landlord, 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 written approval, which approval shall not be unreasonably withheld, conditioned or delayed, unless the structural aspects of the Building, 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 or conditioned except to the extent a Design Problem exists, or delayed beyond five (5) business daysin Landlord’s sole and absolute discretion. If required for such purpose, Tenant may connect into the Building’s chilled water system, if and to the extent that Tenant’s use of chilled water pursuant to this Section 6.3 6.5 will not materially, adversely affect the chilled water system or the use thereof by other tenants of the Building, if any, as determined by Landlord in Landlord’s reasonable sole discretion. If Tenant connects into the Building’s chilled water system pursuant to the terms of the foregoing sentence, then Landlord may install, at Tenant’s expense, a meter to measure Tenant’s use of chilled water, and Tenant shall reimburse Landlord for Tenant’s use of chilled water at the cost reasonably determined by Landlord. In addition, 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 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 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 6.36.5), 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 6.3 6.5 shall be payable by Tenant as Additional Rent within ten (10) business days of Tenant’s receipt of an invoice therefor.
Appears in 1 contract
Samples: Office Lease (Ixia)
Tenant HVAC System. As a part of its Tenant Improvements (as defined in Section 2.1 of the Tenant Work Letter) and subject to the terms of the Tenant Work Letter, Tenant, at its sole expense, may install a supplemental HVAC system systems in the Premises for the purpose of providing supplemental air-conditioning to the Premises (the “Tenant "TENANT HVAC System”). All aspects of the Tenant HVAC System (including, but not limited to, any connection to the Building’s chilled water systemSYSTEM") shall be subject to Landlord’s prior written approval, which approval shall not be withheld or conditioned except to the extent a Design Problem exists, or delayed beyond five (5) business days. If required for such purpose, and Tenant may connect into the Building’s chilled 's water system, if and to the extent that (i) Tenant’s 's use of chilled water pursuant to this Section 6.3 6.4 will not materially, materially adversely affect the chilled water system or the use thereof by other tenants of the Building, as determined and (ii) such connection is otherwise approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed unless a Design Problem exists. If Tenant connects into the Building's water system pursuant to the terms of the foregoing sentence, (x) Tenant shall install, at Tenant's expense, a meter to measure Tenant's use of water, and (y) Tenant shall reimburse Landlord in for Tenant's use of water at Landlord’s reasonable discretion's Actual Cost therefor. In connection with the foregoing (a) Landlord shall, at Tenant's sole cost and expense, separately meter the electricity utilized by the Tenant HVAC System, and (b) Tenant shall be responsible for the cost of all electricity utilized by the Tenant HVAC System. At Landlord’s election prior 's sole option, which option shall be exercised (if at all) at the time Landlord grants its consent to Tenant's installation of the expiration or earlier termination of this LeaseTenant HVAC System, Tenant shall leave remove the Tenant HVAC System System, and repair any damages to the Building caused by such removal, or leave same in the Premises upon the expiration or earlier termination of this LeasePremises, in which event the Tenant HVAC System same shall become a part of the realty and belong to Landlord and 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 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 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 6.3 shall be payable by Tenant as Additional Rent within ten (10) business days of Tenant’s receipt of an invoice therefor.
Appears in 1 contract
Samples: Office Lease (Etoys Inc)