Common use of After Hours HVAC Clause in Contracts

After Hours HVAC. Notwithstanding the foregoing, Landlord ---------------- agrees to make available, subject to interruption for repairs and restorations, after-hours HVAC service to the Premises (at the prevailing rates for the Building, from time to time subject to the provisions below) during the Term of this Lease. Tenant acknowledges that Landlord currently charges a fee per hour for after-hours heat or air-conditioning (the "Hourly Charge") of two hundred Forty-Three and no/100 dollars ($243.00) per hour and that such service is provided for a minimum of two (2) hours. Tenant further acknowledges that such Hourly Charge shall be applicable to any after-hours heat or air-conditioning which Tenant requests and obtains from each Building's heating and air- conditioning system. The Hourly Charge shall not be increased by Landlord except in the event that Landlord's Actual Cost to provide such after-hours HVAC increases above the greater of such amount or Landlord's Actual Cost to provide the same as of the date hereof (whichever is greater), in which event Landlord may increase the Hourly Charge by such actual incremental increase in such Actual Cost. In the event Tenant and/or other tenants request from Landlord use of after-hours HVAC serving the same zone for the same time period, the Tenant's charge hereunder shall be reduced to be its pro-rata share (based upon rentable square feet) of the HVAC service provided to such zone. During the initial Term of this Lease only and not part of a renewal period, the first two hundred forty (240) hours of after-hours HVAC service requested by Tenant and provided by Landlord during any calendar year shall be at no charge.

After Hours HVAC. Notwithstanding the foregoing, Landlord ---------------- agrees to make available, subject to interruption for repairs and restorations, after-hours HVAC service to the Premises (at the prevailing rates for the Building, from time to time subject to the provisions below) during the Term of this Lease. Tenant acknowledges that Landlord currently charges a fee per hour for after-hours heat or air-conditioning (the "“Hourly Charge"”) of two hundred Forty-Three and no/100 dollars ($243.00) per hour and that such service is provided for a minimum of two (2) hours. Tenant further acknowledges that such Hourly Charge shall be applicable to any after-hours heat or air-conditioning which Tenant requests and obtains from each Building's ’s heating and air- air-conditioning system. The Hourly Charge shall not be increased by Landlord except in the event that Landlord's ’s Actual Cost to provide such after-hours HVAC increases above the greater of such amount or Landlord's ’s Actual Cost to provide the same as of the date hereof (whichever is greater), in which event Landlord may increase the Hourly Charge by such actual incremental increase in such Actual Cost. In the event Tenant and/or other tenants request from Landlord use of after-hours HVAC serving the same zone for the same time period, the Tenant's ’s charge hereunder shall be reduced to be its pro-rata share (based upon rentable square feet) of the HVAC service provided to such zone. During the initial Term of this Lease only and not part of a renewal period, the first two hundred forty (240) hours of after-hours HVAC service requested by Tenant and provided by Landlord during any calendar year shall be at no charge.

After Hours HVAC. Notwithstanding the foregoingLandlord shall furnish heating, Landlord ---------------- agrees to make available, subject to interruption for repairs ventilation and restorations, after-hours HVAC service to the Premises (at the prevailing rates for the Building, from time to time subject to the provisions below) during the Term of this Lease. Tenant acknowledges that Landlord currently charges a fee per hour for after-hours heat or air-conditioning (the "Hourly ChargeHVAC") of two hundred Fortyduring non-Three and no/100 dollars ($243.00) per hour and Business Hours; provided that Tenant's written notice requesting such service shall have been delivered to Landlord before noon on the business day when such service is provided required for that evening, and by noon of the preceding business day when such service is required on a minimum of two (2) hoursSaturday, Sunday or holiday. Tenant further acknowledges that Landlord's prevailing charge for supplying such Hourly Charge additional service shall be applicable to any after-hours heat or air-conditioning paid by Tenant which Tenant requests and obtains from each Building's heating and air- conditioning system. The Hourly Charge shall not be increased by Landlord except in the event that Landlord's Actual Cost to provide then standard charge for providing such services including, without limitation, reasonable administrative and maintenance costs associated with such after-hours HVAC increases above use; provided that such charge will not exceed the greater charges for similar services generally applied by owners of first-class buildings within the Comparison Area. Landlord's charges shall distinguish between the provision of such amount services thereof when the chiller shall be on and when it shall be off. Landlord shall ▇▇▇▇ Tenant on or Landlord's Actual Cost to provide before the same as last day of the date hereof (whichever is greater), month following the month in which event such charges are incurred, and shall submit with its invoice a tabulation of the hours and the dates on which the overtime HVAC was furnished. Tenant shall pay Landlord these charges, as additional rent, within thirty (30) calendar days of receipt of the invoice therefor and such other data supporting the charges as Tenant may increase reasonably request. If Landlord shall not have billed Tenant for HVAC charges incurred during non-Business Hours within four (4) months after the Hourly Charge by such actual incremental increase end of the Lease year in such Actual Cost. In which Landlord claims the event Tenant and/or other tenants request from charges were incurred, Landlord use of after-hours HVAC serving the same zone for the same time period, the Tenant's charge hereunder shall be reduced conclusively presumed to be its pro-rata share (based upon rentable square feet) of the HVAC service provided to have waived such zone. During the initial Term of this Lease only and not part of a renewal period, the first two hundred forty (240) hours of after-hours HVAC service requested by Tenant and provided by Landlord during any calendar year shall be at no chargecharges.

After Hours HVAC. Notwithstanding Landlord's provision of HVAC services during other than Normal Working Hours ("AFTER HOURS HVAC"), for which Landlord is entitled to impose a reasonable direct charge under Section 8.3 of the foregoingOriginal Lease, Landlord ---------------- agrees to make available, subject to interruption for repairs and restorations, after-hours HVAC service to the Premises (at the prevailing rates for the Building, from time to time shall be subject to the provisions belowfollowing terms and conditions: (a) during Landlord shall provide the After Hours HVAC in the event Tenant gives Landlord advance notice of its need for such service no later than 3:00 p.m. on Monday through Friday (except holidays referred to above) that Tenant requires the services, and no later than 3:00 p.m. on the last business day preceding the weekend or holiday that Tenant requires the service; provided further, however, if Tenant requests such service after 3:00 p.m. as set forth (b) Landlord will provide the After Hours HVAC at the "ACTUAL COST," which is defined as the actual costs incurred by Landlord (including Landlord's reasonable estimated related administrative cost for the cost of services not already included in Operating Expenses and if applicable, depreciation related to increased utilization of HVAC related equipment) in providing the After Hours HVAC. The foregoing direct charges shall be payable by Tenant as Additional Rent on the next rent payment date at least fifteen (15) days following submission of a reasonably detailed invoice therefor by Landlord. Currently, charges for After Hours HVAC in Building "F" are Seventy-Five Dollars ($75.00) per hour, full floor, and Forty-Five Dollars ($45.00) per hour, partial floor; and in Building "B," are Eighty Dollars ($80.00) per hour, full floor, and Forty Dollars ($40.00) per hour, partial floor. (c) During the Extension Term and provided Tenant is not in default under the Lease, Tenant shall be entitled to a monthly credit against charges for After Hours HVAC in the amount of this LeaseFour Thousand One Hundred Sixty Seven Dollars ($4,167) per month. Tenant acknowledges that Landlord currently charges a fee per hour for after-hours heat or air-conditioning Such credit (the "Hourly ChargeHVAC CREDIT") of two hundred Forty-Three and no/100 dollars ($243.00) per hour and that such service is provided may be used at Tenant's discretion for a minimum of two (2) hours. Tenant further acknowledges that such Hourly Charge shall be applicable to any after-hours heat or air-conditioning which Tenant requests and obtains from each Building's heating and air- conditioning system. The Hourly Charge shall not be increased by Landlord except in the event that Landlord's Actual Cost to provide such after-hours HVAC increases above the greater of such amount or Landlord's Actual Cost to provide the same as of the date hereof (whichever is greater), in which event Landlord may increase the Hourly Charge by such actual incremental increase in such Actual Cost. In the event Tenant and/or other tenants request from Landlord its use of after-hours HVAC serving the same zone for the same time periodAfter Hours HVAC, the Tenant's charge hereunder shall be reduced to be its pro-rata share (based upon rentable square feet) and any amount of the HVAC service Credit not applied to charges accrued as of December 31 of any year during the Extension Term may be carried forward and applied to After Hours HVAC charges incurred prior to December 31 of the following year, provided that any HVAC Credit accrued prior to such zone. During the initial Term of this Lease only and not part December 31 of a renewal period, particular year may not be carried forward and applied to any charges incurred after December 31 of the first two hundred forty (240) hours of after-hours HVAC service requested by Tenant and provided by Landlord during year following said particular year. The credits hereunder may not be applied against any calendar year shall be at no chargeamount other than charges for After Hours HVAC.

After Hours HVAC. Notwithstanding If Tenant desires to use HVAC in the foregoingPremises (from other than the Supplemental HVAC Equipment, if applicable) during hours other than the Business Hours pursuant to the terms of Section 6.1.1 above: (i) Tenant shall give Landlord ---------------- agrees such prior notice, as Landlord shall from time to make availabletime establish as appropriate (which notice is anticipated to be accomplished through telephonic dial-up and access via computer codes), subject of Tenant’s desired use thereof and the specific floor(s) of the Premises as to interruption for repairs and restorations, which such after-hours HVAC service is desired; (ii) Landlord shall supply such after-hours HVAC to such specific floor(s) of the Premises so specified by Tenant at an initial hourly cost equal to Fifty Dollars (at the prevailing rates for the Building, $50.00) per hour per such applicable floor (which hourly rate shall be subject to increase from time to time subject to the provisions below) during the Term of this Lease. Tenant acknowledges that Landlord currently charges a fee per hour for after-hours heat or air-conditioning (the "Hourly Charge") of two hundred Forty-Three and no/100 dollars ($243.00) per hour and that such service is provided for a minimum of two (2) hours. Tenant further acknowledges that such Hourly Charge shall be applicable to any after-hours heat or air-conditioning which Tenant requests and obtains from each Building's heating and air- conditioning system. The Hourly Charge shall not be increased by Landlord except reflect actual increases in the event that Landlord's Actual Cost ’s costs to provide such after-hours HVAC increases above the greater HVAC); and (iii) Tenant shall pay such cost to Landlord as Additional Rent within thirty (30) days after Tenant’s receipt of such amount or Landlord's Actual Cost to provide the same as an invoice therefor from Landlord (which invoice shall include a detailed description of the date hereof (whichever is greaterapplicable charges); provided, in which event Landlord may increase however, for each year of the Hourly Charge by such actual incremental increase in such Actual Cost. In the event initial Lease Term, Tenant and/or other tenants request from Landlord use of after-hours HVAC serving the same zone for the same time period, the Tenant's charge hereunder shall be reduced entitled to be its pro-rata share (based upon rentable square feet) of the HVAC service provided to such zone. During the initial Term of this Lease only and not part of a renewal period, receive the first two hundred forty (240) 25 hours of after-hours HVAC service requested used during such year at no charge (it being agreed by Tenant that (A) any such free after-hours HVAC hours that are not used by Tenant in any particular year may not be used in or carried forward or backward to any subsequent or prior year or years, and provided (B) Tenant’s right to such free after-hours HVAC is personal to the Original Tenant and any Affiliate Assignee, and may not be assigned, exercised or used, voluntarily or involuntarily, by Landlord during or to, any calendar year shall be at no chargeperson or entity other than the Original Tenant or such Affiliate Assignee).