Common use of Air Conditioning and Ventilation Clause in Contracts

Air Conditioning and Ventilation. To provide to the Premises during hours to be determined by the Landlord (but to be at least the hours from 7:30 a.m. to 7:00 p.m. from Monday to Friday inclusive with the exception of public holidays) processed air in such quantities, at such temperatures and of such humidity as shall maintain in the Premises conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the date of this Lease applicable to normal occupancy of premises for office purposes and consistent with the general standards of first- class office buildings in the vicinity of the Building in the City of Mississauga, but the Landlord shall have no responsibility for ny inadequacy of performance of the said system if the Premises Gepart from the design criteria for such system, namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any purposes shall not exceed 3.5 xxxxx per square foot of floor area and that the Tenant shall not have installed partitions or other installations in locations which interfere with the proper operation of the said system. If the use of the Premises does not accord with the said design criteria and changes in the systems are feasible and desirable to accommodate such use the Landlord may, upon the written request of the Tenant, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the cost thereof representing Landlord's overhead, shall be paid to the Landlord as Additional Rent on demand. Upon reasonable notice the Landlord shall provide as an Additional Service air conditioning and ventilation to the Premises at the request of the Tenant during hours which it is not otherwise obliged to provide such services under this Section.

Appears in 1 contract

Samples: Lease Agreement (It Staffing LTD)

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Air Conditioning and Ventilation. To provide Owner, at Owner's expense, shall furnish and distribute to the Demised Premises during hours to be determined by the Landlord (but to be i) conditioned air at least the hours reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, on business days from 7:30 a.m. 8:00 A.M. to 7:00 p.m. P.M. during the months of May, June, July, August, September and October when required for the comfortable occupancy of the Demised Premises; and (ii) mechanical ventilation through the Building air conditioning system on business days from Monday 8:00 A.M. to Friday inclusive with 7:00 P.M., except when conditioned air or heat is being furnished, to the exception of public holidays) processed air in such quantities, at such temperatures and of such humidity as shall maintain in extent required pursuant to law. Notwithstanding the Premises conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the date foregoing provisions of this Lease applicable to Section, Owner shall not be responsible if the normal occupancy of premises for office purposes and consistent with the general standards of first- class office buildings in the vicinity operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the City Demised Premises (a) which, by reason of Mississaugaany machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, but the Landlord shall have no responsibility for ny inadequacy an electrical load in excess of performance of the said system if the Premises Gepart from the design criteria for such system, namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any purposes shall not exceed 3.5 xxxxx four (4) watts per square foot of floor usable area for all purposes (including lightixx xxd power), or which shall have a human occupancy factor in excess of one person per one hundred seventy-five (175) square feet of usable area (the average electrical load and that human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the Venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall not have installed partitions or other installations in locations cooperate fully with Owner at all times and abide by all regulations and requirements which interfere with Owner may reasonably prescribe for the proper operation functioning and protection of the said system. If the use of the Premises does not accord with the said design criteria and changes in the systems are feasible and desirable to accommodate such use the Landlord may, upon the written request of the Tenant, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the cost thereof representing Landlord's overhead, shall be paid to the Landlord as Additional Rent on demand. Upon reasonable notice the Landlord shall provide as an Additional Service air conditioning and ventilation ventilating system. In addition to the Premises at the request any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, Owner may discontinue heating, air conditioning and/or, if Owner so provides same, ventilating service, during the period of such violation or breach, and such discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant during hours which it is not otherwise obliged to provide such services any abatement or diminution of rent, or relieve Tenant from any of its obligations under this SectionLease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Lease (Vizacom Inc)

Air Conditioning and Ventilation. To provide to As long as Tenant -------------------------------- is not in default under any of the Premises during hours to be determined by the Landlord (but to be at least the hours from 7:30 a.m. to 7:00 p.m. from Monday to Friday inclusive with the exception of public holidays) processed air in such quantitiesterms, at such temperatures and of such humidity as shall maintain in the Premises covenants or conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the date of this Lease applicable on Tenant's part to normal be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day during the months of May, June, July, August, September and October when required for the comfortable occupancy of premises for office purposes the Demised Premises; and consistent with (ii) mechanical ventilation through the general standards Building air conditioning system twenty-four (24) hours per day throughout the year, except when conditioned air or heat is being furnished. Notwithstanding the foregoing provisions of first- class office buildings in this Section, Owner shall not be responsible if the vicinity normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the City Demised Premises (a) which, by reason of Mississaugaany machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, but the Landlord shall have no responsibility for ny inadequacy an electrical load in excess of performance of the said system if the Premises Gepart from the design criteria for such system, namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any purposes shall not exceed 3.5 four (4) xxxxx per square foot of floor usable area for all purposes (including lighting and that power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall not have installed partitions or other installations in locations cooperate fully with Owner at all times and abide by all regulations and requirements which interfere with Owner may reasonably prescribe for the proper functioning and protection of the air conditioning and ventilating system. Tenant agrees that if its violation or breach of any of the foregoing provisions of this Section, shall adversely affect the operation of the said Building's heating, ventilation and air conditioning system, no such adverse affects shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. If The Building heating, ventilating and air conditioning system unit serving the use floor of the Building on which the Demised Premises does not accord with are located shall contain the following specifications: (1) said design criteria and changes in the systems are feasible and desirable to accommodate such use the Landlord may, upon the written request of the Tenant, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the cost thereof representing Landlord's overhead, unit shall be paid to the Landlord as Additional Rent a water cooled variable air volume (VAV) unit via a plug fan; (2) said unit shall have a high energy efficiency rating (EER); (3) said unit shall have a factory mounted economizer coil with controls which allow water cooling without compressor operation; (4) said unit shall have factory mounted internal variable frequency drive (VFD); (5) said unit shall have factory mounted direct digital control (DDC) microprocessor controls; and (6) said unit shall have internally isolated fans on demand. Upon reasonable notice the Landlord shall provide as an Additional Service air conditioning and ventilation to the Premises at the request of the Tenant during hours which it is not otherwise obliged to provide such services under this Sectionspring isolators.

Appears in 1 contract

Samples: Bottomline Technologies Inc /De/

Air Conditioning and Ventilation. To provide Owner, at Owner’s expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, on business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M., when required for the comfortable occupancy of the Demised Premises during hours the months of April, May, June, July, August, September, October and the period from November 1st to be determined by November 15th; and (ii) except when conditioned air or heat is being furnished, mechanical ventilation only through the Landlord (but Building air conditioning system on business days from 8:00 A.M. to be at least 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. throughout the hours from 7:30 a.m. to 7:00 p.m. from Monday to Friday inclusive with year. Notwithstanding the exception of public holidays) processed air in such quantities, at such temperatures and of such humidity as shall maintain in the Premises conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the date foregoing provisions of this Lease applicable to Section, Owner shall not be responsible if the normal occupancy of premises for office purposes and consistent with the general standards of first- class office buildings in the vicinity operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the City Demised Premises (a) which, by reason of Mississaugaany machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, but the Landlord shall have no responsibility for ny inadequacy an electrical load in excess of performance of the said system if the Premises Gepart from the design criteria for such system, namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any purposes shall not exceed 3.5 four (4) xxxxx per square foot of floor usable area for all purposes (including lighting and that power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall not have installed partitions or other installations in locations cooperate fully with Owner at all times and abide by all reasonable regulations and requirements which interfere with Owner may reasonably prescribe for the proper operation functioning and protection of the said systemair conditioning, ventilation and heating systems. If the use of the Premises does not accord Tenant may be provided with the said design criteria and changes conditioned air on an overtime basis as set forth in the systems are feasible and desirable to accommodate such use the Landlord may, upon the written request of the Tenant, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the cost thereof representing Landlord's overhead, shall be paid to the Landlord as Additional Rent on demand. Upon reasonable notice the Landlord shall provide as an Additional Service air conditioning and ventilation to the Premises at the request of the Tenant during hours which it is not otherwise obliged to provide such services under this SectionSection 29.07.

Appears in 1 contract

Samples: 3PAR Inc.

Air Conditioning and Ventilation. To provide to As long as Tenant is not in default under any of the Premises during hours to be determined by the Landlord (but to be at least the hours from 7:30 a.m. to 7:00 p.m. from Monday to Friday inclusive with the exception of public holidays) processed air in such quantitiesterms, at such temperatures and of such humidity as shall maintain in the Premises covenants or conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the date of this Lease applicable on Tenant's part to normal be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, on business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. during the months of May, June, July, August, September and October when required for the comfortable occupancy of premises for office purposes the Demised Premises; and consistent with (ii) mechanical ventilation through the general standards Building air conditioning system on business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. throughout the year, except when conditioned air or heat is being furnished. Notwithstanding the foregoing provisions of first- class office buildings in this Section, Owner shall not be responsible if the vicinity normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the City Demised Premises (a) which, by reason of Mississaugaany machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, but the Landlord shall have no responsibility for ny inadequacy an electrical load in excess of performance of the said system if the Premises Gepart from the design criteria for such system, namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any purposes shall not exceed 3.5 four (4) xxxxx per square foot of floor usable area for all purposes (including lighting and that power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall not have installed partitions or other installations in locations cooperate fully with Owner at all times and abide by all regulations and requirements which interfere with Owner may reasonably prescribe for the proper operation functioning and protection of the said system. If the use of the Premises does not accord with the said design criteria and changes in the systems are feasible and desirable to accommodate such use the Landlord may, upon the written request of the Tenant, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the cost thereof representing Landlord's overhead, shall be paid to the Landlord as Additional Rent on demand. Upon reasonable notice the Landlord shall provide as an Additional Service air conditioning and ventilation ventilating system. In addition to the Premises at the request any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, Owner may discontinue heating, air conditioning and ventilating service during the period of such violation or breach, and such discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant during hours which it is not otherwise obliged to provide such services any abatement or diminution of rent, or relieve Tenant from any of its obligations under this SectionLease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoynace to Tenant, or inuury ot or interruption of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (United States Financial Group Inc /Ny)

Air Conditioning and Ventilation. To provide Owner, at Owner's expense, shall furnish and distribute to the Demised Premises during hours to be determined by the Landlord (but to be i) conditioned air at least the hours reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, on business days from 7:30 a.m. 8:00 A.M. to 7:00 p.m. P.M. during the months of May, June, July, August, September and October when required for the comfortable occupancy of the Demised Premises; and (ii) mechanical ventilation through the Building air conditioning system on business days from Monday 8:00 A.M. to Friday inclusive with 7:00 P.M., except when conditioned air or heat is being furnished, to the exception of public holidays) processed air in such quantities, at such temperatures and of such humidity as shall maintain in extent required pursuant to law. Notwithstanding the Premises conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the date foregoing provisions of this Lease applicable to Section, Owner shall not be responsible if the normal occupancy of premises for office purposes and consistent with the general standards of first- class office buildings in the vicinity operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the City Demised Premises (a) which, by reason of Mississaugaany machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, but the Landlord shall have no responsibility for ny inadequacy an electrical load in excess of performance of the said system if the Premises Gepart from the design criteria for such system, namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any purposes shall not exceed 3.5 four (4) xxxxx per square foot of floor usable area for all purposes (including lighting and that power), or which shall have a human occupancy factor in excess of one person per one hundred seventy-five (175) square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the Venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall not have installed partitions or other installations in locations cooperate fully with Owner at all times and abide by all regulations and requirements which interfere with Owner may reasonably prescribe for the proper operation functioning and protection of the said system. If the use of the Premises does not accord with the said design criteria and changes in the systems are feasible and desirable to accommodate such use the Landlord may, upon the written request of the Tenant, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the cost thereof representing Landlord's overhead, shall be paid to the Landlord as Additional Rent on demand. Upon reasonable notice the Landlord shall provide as an Additional Service air conditioning and ventilation ventilating system. In addition to the Premises at the request any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, Owner may discontinue heating, air conditioning and/or, if Owner so provides same, ventilating service, during the period of such violation or breach, and such discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant during hours which it is not otherwise obliged to provide such services any abatement or diminution of rent, or relieve Tenant from any of its obligations under this SectionLease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Vizacom Inc

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Air Conditioning and Ventilation. To provide Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day during the months of May, June, July, August, September and October when required for the comfortable occupancy of the Demised Premises; and (ii) mechanical ventilation through the Building air conditioning system twenty-four (24) hours to be determined by per day throughout the Landlord (but to be at least year, except when conditioned air or heat is being furnished. Notwithstanding the hours from 7:30 a.m. to 7:00 p.m. from Monday to Friday inclusive with the exception of public holidays) processed air in such quantities, at such temperatures and of such humidity as shall maintain in the Premises conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the date foregoing provisions of this Lease applicable to Section, Owner shall not be responsible if the normal occupancy of premises for office purposes and consistent with the general standards of first- class office buildings in the vicinity operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the City Demised Premises (a) which, by reason of Mississaugaany machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, but the Landlord shall have no responsibility for ny inadequacy an electrical load in excess of performance of the said system if the Premises Gepart from the design criteria for such system, namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any purposes shall not exceed 3.5 xxxxx per four (4) wattx xxx square foot of floor usable area for all purposes (including lighting and that power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall not have installed partitions or other installations in locations cooperate fully with Owner at all times and abide by all regulations and requirements which interfere with Owner may reasonably prescribe for the proper operation functioning and protection of the said system. If the use of the Premises does not accord with the said design criteria and changes in the systems are feasible and desirable to accommodate such use the Landlord may, upon the written request of the Tenant, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the cost thereof representing Landlord's overhead, shall be paid to the Landlord as Additional Rent on demand. Upon reasonable notice the Landlord shall provide as an Additional Service air conditioning and ventilation ventilating system. In addition to the Premises at the request any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, Owner may discontinue heating, air conditioning and ventilating service during the period of such violation or breach, and such discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant during hours which it is not otherwise obliged to provide such services any abatement or diminution of rent, or relieve Tenant from any of its obligations under this SectionLease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Agreement (Appliedtheory Corp)

Air Conditioning and Ventilation. To provide As long as this Lease is in full force and effect, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, on business days from 8:00 A.M. to 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M., when required for the comfortable occupancy of the Demised Premises during hours the months of April, May, June, July, August, September, October and the period from November 1st to be determined by November 15th; and (ii) except when conditioned air or heat is being furnished, mechanical ventilation only through the Landlord (but Building air conditioning system on business days from 8:00 A.M. to be at least 6:00 P.M. and on Saturdays from 8:00 A.M. to 1:00 P.M. throughout the hours from 7:30 a.m. to 7:00 p.m. from Monday to Friday inclusive with year. Notwithstanding the exception of public holidays) processed air in such quantities, at such temperatures and of such humidity as shall maintain in the Premises conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the date foregoing provisions of this Lease applicable to Section, Owner shall not be responsible if the normal occupancy of premises for office purposes and consistent with the general standards of first- class office buildings in the vicinity operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the City Demised Premises (a) which, by reason of Mississaugaany machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, but the Landlord shall have no responsibility for ny inadequacy an electrical load in excess of performance of the said system if the Premises Gepart from the design criteria for such system, namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any purposes shall not exceed 3.5 four (4) xxxxx per square foot of floor usable area for all purposes (including lighting and that power), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall not have installed partitions or other installations in locations cooperate fully with Owner at all times and abide by all regulations and requirements which interfere with Owner may reasonably prescribe for the proper operation functioning and protection of the said systemair conditioning, ventilation and heating systems. If the use In addition to any and all other rights and remedies which Owner may invoke for a violation or breach of any of the Premises does not accord with the said design criteria and changes in the systems are feasible and desirable to accommodate such use the Landlord mayforegoing provisions of this Section, upon the written request of the TenantOwner may discontinue heating, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the cost thereof representing Landlord's overhead, shall be paid to the Landlord as Additional Rent on demand. Upon reasonable notice the Landlord shall provide as an Additional Service air conditioning and ventilation service during the period of such violation or breach, and such discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to the Premises at the request any abatement or diminution of the rent, or relieve Tenant during hours which it is not otherwise obliged to provide such services from any of its obligations under this SectionLease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Bion Environmental Technologies Inc

Air Conditioning and Ventilation. To provide to As long as Tenant is not in default under any of the Premises during hours to be determined by the Landlord (but to be at least the hours from 7:30 a.m. to 7:00 p.m. from Monday to Friday inclusive with the exception of public holidays) processed air in such quantitiesterms, at such temperatures and of such humidity as shall maintain in the Premises covenants or conditions of reasonable temperature and comfort in accordance with good standards of interior climate control generally pertaining at the date of this Lease applicable on Tenant's part to normal be observed or performed, Owner, at Owner's expense, shall furnish and distribute to the Demised Premises (i) conditioned air at reasonable temperatures, pressures and degrees of humidity and in reasonable volumes and velocities, twenty-four (24) hours per day on business days and on Saturdays from 8:00 A.M. to 6:00 P.M. during the months of May, June, July, August, September and October when required for the comfortable occupancy of premises for office purposes the Demised Premises: and consistent with (ii) mechanical ventilation through the general standards Building air conditioning system twenty-four (24) hours per day on business days and on Saturdays from 8:00 A.M. to 6:00 P.M. throughout the year, except when conditioned air or heat is being furnished. Notwithstanding the foregoing provisions of first- class office buildings in this Section, Owner shall not be responsible if the vicinity normal operation of the Building air conditioning system shall fail to provide conditioned air at reasonable temperatures, pressures or degrees of humidity or in reasonable volumes or velocities in any portions of the City Demised Premises (a) which, by reason of Mississaugaany machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant, but the Landlord shall have no responsibility for ny inadequacy an electrical load in excess of performance of the said system if the Premises Gepart from the design criteria for such system, namely that the occupancy will 'not exceed one person for every 000 xxxxxx xxxx xx xxxxx xxxx, that the electrical power consumed in the Premises for any purposes shall not exceed 3.5 xxxxx per four (4) wattx xxx square foot of floor usable area for all purposes (including lighting and that power excluding the Building heating, ventilation and air conditioning system), or which shall have a human occupancy factor in excess of one person per 100 square feet of usable area (the average electrical load and human occupancy factors for which the Building air conditioning system is designed) or (b) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant. Whenever said air conditioning system is in operation, Tenant agrees to cause all the windows in the Demised Premises to be kept closed and to cause the Venetian blinds in the Demised Premises to be kept closed if necessary because of the position of the sun. Tenant agrees to cause all the windows in the Demised Premises to be closed whenever the Demised Premises are not occupied. Tenant shall not have installed partitions or other installations in locations cooperate fully with Owner at all times and abide by all regulations and requirements which interfere with Owner may reasonably prescribe for the proper operation functioning and protection of the said system. If the use of the Premises does not accord with the said design criteria and changes in the systems are feasible and desirable to accommodate such use the Landlord may, upon the written request of the Tenant, make such changes and the entire expense of such changes will be reimbursed by the Tenant to the Landlord plus a sum equal to fifteen percent (15Z) of the cost thereof representing Landlord's overhead, shall be paid to the Landlord as Additional Rent on demand. Upon reasonable notice the Landlord shall provide as an Additional Service air conditioning and ventilation ventilating system. In addition to the Premises at the request any and all other rights and remedies which Owner may invoke for a violation or breach of any of the foregoing provisions of this Section, Owner may discontinue heating, air conditioning and ventilating service during the period such violation or breach, and such discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant during hours which it is not otherwise obliged to provide such services any abatement or diminution of rent, or relieve Tenant from any of its obligations under this SectionLease, or impose any liability upon Owner, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Additional Space Agreement (N2k Inc)

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