Common use of After Hours HVAC Clause in Contracts

After Hours HVAC. Tenant shall have the ability to activate the HVAC system for service to the Premises twenty-four (24) hours per day, seven (7) days per week, 365 days per year (except for emergencies and for periodic repairs) which includes, without limitation, during all hours for which Landlord is not obligated to supply such HVAC utilities pursuant to the terms of Section 6.1 (“After-Hours HVAC”). All After-Hours HVAC service shall be provided to Tenant by Landlord, at Tenant’s expense, at the prevailing rate charged at the Building therefor from time to time (which is currently $85.00 per floor per hour); provided that if Tenant is separately charged for After-Hours HVAC in no event shall any charges related to providing After-Hours HVAC be included in Operating Expenses. Amounts payable by Tenant to Landlord for such use of After-Hours HVAC services shall be deemed Additional Rent hereunder and shall be billed on a monthly basis. Notwithstanding anything to the contrary contained herein, Tenant shall not be obligated to pay for a total of 1,720 hours of After Hours HVAC provided to the Premises initially leased hereunder during the initial Lease Term (the “Free HVAC”). The Free HVAC may be allocated to the initial Premises as desired by Tenant over the course of the initial Lease Term, until exhausted.

Appears in 1 contract

Sources: Office Lease (Cornerstone OnDemand Inc)

After Hours HVAC. Landlord shall provide heat and air-conditioning for the entire sixth floor at times in addition to those specified in subsection (a) of paragraph (5) at Tenant's expense, provided Tenant gives Landlord notice prior to 2:00 p.m. on any Business Day for same day or next Business Day after hour service, or 10:00 a.m. on Fridays or the day preceding a holiday (in the case of after-hours service on Saturdays, Sundays, or holidays). Landlord shall have initially charge Tenant for after-hours service at the rate of $35.00 per hour. Landlord reserves the right from time to time, in its sole discretion, to increase the hourly charge for said after-hours service, but in no event will the rate per hour charged to Tenant be more than an amount per hour which represents Landlord's reasonable estimate of its actual cost of providing such after hours service, including labor, cost of electricity and wear and tear on equipment, plus an allowance of ten percent (10%) thereof to cover general overhead as an Additional Charge hereunder. Notwithstanding the foregoing, for each year during the initial ten (10) years the Landlord shall provide 300 hours of after-hours HVAC operation of the 5th floor at no cost to the Tenant, it being understood and agreed that said 300 hours of additional service is to be available for the use of the Tenant on a cumulative basis during each year. Landlord shall install thermostats within the Leased Premises that provide Tenant the ability to activate regulate and control its use of after hours HVAC services. Tenant agrees not to unreasonably utilize the HVAC system for service to the Premises twenty-four (24) hours per day, seven (7) days per week, 365 days per year (except for emergencies and for periodic repairs) which includes, without limitation, during all hours for which Landlord is not obligated to supply such HVAC utilities pursuant to the terms of Section 6.1 (“After-Hours HVAC”). All After-Hours HVAC service shall be provided to Tenant by Landlord, at Tenant’s expense, at the prevailing rate charged at the Building therefor from time to time (which is currently $85.00 per floor per hour); provided that if Tenant is separately charged for After-Hours HVAC in no event shall any charges related to providing After-Hours HVAC be included in Operating Expenses. Amounts payable by Tenant to Landlord for such use of After-Hours HVAC services shall be deemed Additional Rent hereunder and shall be billed on a monthly basis. Notwithstanding anything to the contrary contained herein, Tenant shall not be obligated to pay for a total of 1,720 hours of After Hours HVAC provided to the Premises initially leased hereunder during the initial Lease Term (the “Free HVAC”). The Free HVAC may be allocated to the initial Premises as desired by Tenant over the course of the initial Lease Term, until exhaustedsystem.

Appears in 1 contract

Sources: Lease Agreement (Comstock Homebuilding Companies, Inc.)

After Hours HVAC. Landlord shall provide heat and air-conditioning for the entire sixth floor at times in addition to those specified in subsection (a) of paragraph (5) at Tenant's expense, provided Tenant gives Landlord notice prior to 2:00 p.m. on any Business Day for same day or next Business Day after hour service, or 10:00 a.m. on Fridays or the day preceding a holiday (in the case of after-hours service on Saturdays, Sundays, or holidays). Landlord shall have initially charge Tenant for after-hours service at the rate of $35.00 per hour. Landlord reserves the right from time to time, in its sole discretion, to increase the hourly charge for said after-hours service, but in no event will the rate per hour charged to Tenant be more than an amount per hour which represents Landlord's reasonable estimate of its actual cost of providing such after hours service, including labor, cost of electricity and wear and tear on equipment, plus an allowance of ten percent (10%) thereof to cover general overhead as an Additional Charge hereunder. Notwithstanding the foregoing, for each year during the initial two (2) years the Landlord shall provide 300 hours of after-hours HVAC operation of the 3rd floor at no cost to the Tenant, it being understood and agreed that said 300 hours of additional service is to be available for the use of the Tenant on a cumulative basis during each year. Landlord shall install thermostats within the Leased Premises that provide Tenant the ability to activate regulate and control its use of after hours HVAC services. Tenant agrees not to unreasonably utilize the HVAC system for service to the Premises twenty-four (24) hours per day, seven (7) days per week, 365 days per year (except for emergencies and for periodic repairs) which includes, without limitation, during all hours for which Landlord is not obligated to supply such HVAC utilities pursuant to the terms of Section 6.1 (“After-Hours HVAC”). All After-Hours HVAC service shall be provided to Tenant by Landlord, at Tenant’s expense, at the prevailing rate charged at the Building therefor from time to time (which is currently $85.00 per floor per hour); provided that if Tenant is separately charged for After-Hours HVAC in no event shall any charges related to providing After-Hours HVAC be included in Operating Expenses. Amounts payable by Tenant to Landlord for such use of After-Hours HVAC services shall be deemed Additional Rent hereunder and shall be billed on a monthly basis. Notwithstanding anything to the contrary contained herein, Tenant shall not be obligated to pay for a total of 1,720 hours of After Hours HVAC provided to the Premises initially leased hereunder during the initial Lease Term (the “Free HVAC”). The Free HVAC may be allocated to the initial Premises as desired by Tenant over the course of the initial Lease Term, until exhaustedsystem.

Appears in 1 contract

Sources: Lease Agreement (Comstock Homebuilding Companies, Inc.)