Common use of Air Conditioning Clause in Contracts

Air Conditioning. 35.01 [Subject to the provisions of this Article 35 and all other applicable provisions of this Lease, Landlord shall supply air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building HVAC System”) during HVAC Periods (and during non-HVAC Periods if requested by Tenant in accordance with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed hereto. Subject to Section 30.06, Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floor.

Air Conditioning. 35.01 [Subject If the Unit has been provided with a ledge for split air conditioning system with suitable provision for keeping outdoor units of the AC system and also the route to take refrigerant piping, which the Allottee shall have to strictly follow while installing AC units Provisions have been made for drainage lines to comply with provision of Wall–Hung Indoor Split Air-condition Units at specified position with outdoor compressor units only. The out- door compressor units should be installed in the specified A/C ledge platforms. It may be noted that installation of Window Air conditioners are strictly not permitted. Any other form of Air conditioners such as Hat Unit or Cassette-Unit after making suitable modification to the provisions drainage line without affecting the structural components (Beams and columns) or the aesthetic appearance of this Article 35 the building may/may not be allowed , however the location of the out-door units shall always be at the specified A/C ledges. The drainage line should be connected ONLY at the drain outlet point provided. The refrigerant pipes connecting the indoor and all other applicable provisions of this Lease, Landlord outdoor units shall supply air-conditioning service be provided by the customer . Chasing or drilling holes in concrete surfaces for making these drainage and refrigerant pipe connections not allowed. If these pipes run exposed they may need to the Premises be covered with local boxing or false ceiling . These pipes shall be passed through the Building’s central airexternal concrete walls in specified locations where a hole has been provided and temporarily blocked with lean ▇▇▇▇▇▇ fill. The internal security of the Unit shall always be the sole responsibility of the respective Allottee (s) as if it is their own Unit.. Further the Allotee shall also strictly observe the FIRE SAFETY RULES as provided in the Schedule-conditioning facilities (J and and the “Building HVAC System”) during HVAC Periods (MAINTENANCE RULES as provided in Schedule-K hereto subject to further additions and during nonmodifications from time to time. Besides paying electricity charges, the Allottee shall comply with all rules, regulations and bye-HVAC Periods if requested by Tenant in accordance laws pertaining to useof electricity, water, telecommunication and other utilities and shall pay Electricity Charges, Air Conditioning Charges Service Charges, and Generator Charges for the electricity consumed together with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed hereto. Subject to Section 30.06, Landlord reserves the right to suspend operation demand charges of the Building HVAC System at CESC in respect of the Said Unit every month punctually and without any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or default together with any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, additional charges of 5% transmission loss on the operation of bill amount . However, it is made clear that the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, said service and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord maintenance charge shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased revised from time to time as and when necessitated by Landlord’s actual increased out-of-pocket costs increase in connection therewith). For purposes hereof, cost and the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service Allottee shall be bound to pay the same and any amount payable by the Allottee directly to any Authority shall always be paid by the Allottee within the due date in respect thereof. Power from Generator (during load shedding or power failure) will be provided subject to any minimum hour union requirements in effect the Allottee making payment of the charges thereof for which Promoter may install a sub-meter for the said unit and Allottee shall make payment of the Bills to be raised thereof by the Promoter/FM from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting time at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests nonrate at which the other Unit-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant Allottees or Occupiers shall be adjusted pro rata liableto pay based on Promoter’s estimate of actual expenses. It is pertinent to mention that the period promoter will provide for 1 KVA of time each tenant, including Tenant, shall utilize such air conditioning zone Power back up for 4(four) bedroom row house and on the rentable area _ _ KVA of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorPower back up for Town House Units.

Air Conditioning. 35.01 [Subject Tenant shall be permitted to use the equipment presently supplying air-conditioning service to the Premises (the "Existing HVAC Equipment") Monday to Friday from 8:00 to 6:00 p.m. during the Building's "Cooling Season" (which is currently May 15 through October 15) subject to and in accordance with the provisions of this Article 35 Article. Landlord shall perform such work as is necessary, if any, in order to place the Existing HVAC Equipment in good working order ("Landlord's Initial HVAC Work") subject, however, to Tenant's obligation to thereafter maintain and all other applicable repair the Existing HVAC Equipment in accordance with the provisions of this Lease, Article. Landlord shall perform Landlord's Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof, Tenant acknowledges and agrees that air-conditioning, service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord has no obligation to operate, maintain or to repair the said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises through {the Building’s central air-conditioning facilities "Supplemental Systems") including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Existing HVAC Equipment and the Supplemental Systems (collectively hereinafter referred to as the “Building "HVAC System”) during HVAC Periods ("), shall be maintained, repaired and during non-HVAC Periods if requested operated by Tenant in accordance compliance with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed heretoall present and future laws and regulations relating thereto at Tenant's sole cost and expense. Subject to Section 30.06, Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so Tenant shall pay for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension all electricity consumed in the operation of the Building HVAC System may continue until such time as System, and Tenant's proportionate share of the reason causing such suspension has been remedied electric current (provided that Landlord and or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be become the obligation of Tenant subject to any claim by the terms of Article 41 of this Lease Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if pay for all parts and supplies necessary for the proper operation of the Building HVAC System is prevented (and any restoration or replacement by strikes or accidents Tenant of all or any cause beyond Landlord’s reasonable controlpart thereof shall be in quality and class at least equal to the original work or installations); provided, or by the orders or regulations of any federalhowever, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during not alter, modify, remove or replace the HVAC PeriodsSystem, Landlord shall furnish such after hours service through the Building HVAC System provided that or any part thereof, without Landlord's prior written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorconsent.

Air Conditioning. 35.01 [Subject Tenant shall be permitted to use the equipment presently supplying air-conditioning service to the Premises (the "Existing HVAC Equipment") Monday to Friday from 8:00 a.m. to 6:00 p.m. during the Building's "Cooling Season" (which is currently May 15 through October 15) subject to and in accordance with the provisions of this Article 35 Article. Tenant acknowledges and all other applicable provisions of this Leaseagrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord shall has no obligation to operate, maintain or to repair the said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises through the Building’s central air-conditioning facilities (the “Building "Supplemental Systems") including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Existing HVAC Equipment and the Supplemental Systems (collectively hereinafter referred to as the "HVAC System”) during HVAC Periods ("), shall be maintained, repaired and during non-HVAC Periods if requested operated by Tenant in accordance compliance with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed heretoall present and future laws and regulations relating thereto at Tenant's sole cost and expense. Subject to Section 30.06, Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so Tenant shall pay for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension all electricity consumed in the operation of the Building HVAC System may continue until such time as System, and Tenant's proportionate share of the reason causing such suspension has been remedied electric current (provided that Landlord and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be become the obligation of Tenant subject to any claim by the terms of Article 41 of this Lease. Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if pay for all parts and supplies necessary for the proper operation of the Building HVAC System is prevented (and any restoration or replacement by strikes or accidents Tenant of all or any cause beyond Landlord’s reasonable controlpart thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or by any part thereof, without Landlord's prior written consent. Landlord agrees that the orders Existing HVAC Equipment shall be (or regulations is) of sufficient capacity to accommodate normal office usage and occupancy density excluding special usage areas (i.e., computer rooms, conference rooms, cafeteria/lunchroom or any federalspecial usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating equipment, state, county machines or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourceappliances). 35.02 In Without limiting the event that generality of the foregoing, Tenant shall, at its own cost and expense, (a) cause to be performed all maintenance of the HVAC System, including all repairs and replacements thereto, and (b) commencing as of the date upon which Tenant shall require first occupy the Premises for the conduct of its business, and thereafter throughout the Term of the Lease, maintain in force and provide a copy of same to Landlord an air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours repair and full service through maintenance contract covering the Building HVAC System provided that written notice is given in form satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Tenant Landlord. All such contracts shall provide for the thorough overhauling of the HVAC System at least five once each year during the Term of this Lease and shall expressly state that (5i) hours prior to the time when such service is needed by Tenant. Tenant it shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of be an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later automatically renewing contract terminable upon not less than thirty (30) days prior written notice to the Landlord (sent by certified mail, return receipt requested) and (ii) the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review same promptly after Landlord's request. The HVAC System is and shall at all times remain the property of Landlord, and at the expiration or sooner termination of the Lease, Tenant receives notice shall surrender to Landlord the HVAC System in good working order and condition, subject to normal wear and tear and shall deliver to Landlord a copy of the service log. In the event that Tenant fails to obtain the contract required herein or perform any such increase)of the maintenance or repairs required hereunder, Landlord shall provide reasonable evidence of have the right, but not the obligation, to procure such contract and/or perform any such increases in Landlord’s Actual AC Costs. The provision work and charge the Tenant as Additional Rent hereunder the cost of same plus an administrative fee equal to Tenant fifteen percent (15%) of non-HVAC Period air-conditioning service such cost which shall be paid for by Tenant on demand. 35.03 Tenant shall pay to Landlord a fee for Landlord's maintenance and repair of the Existing HVAC Equipment (the "HVAC Repair Fee") at the rate of $1,200.00 per annum which shall be added to and payable in monthly installments at the same time and in the same manner as Fixed Annual Rent under this Lease, subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block future increases as hereinafter set forth. On each anniversary of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC PeriodsCommencement Date of the Term of this Lease, the charge to Tenant HVAC Repair Fee shall be adjusted pro rata based increased by three (3%) percent on the period of time each tenantHVAC Repair Fee payable during the immediately preceding twelve (12) month period, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorcompounded annually.

Air Conditioning. 35.01 [Subject Tenant shall be permitted to exclusively use the equipment presently supplying air-conditioning service to Building (the “Existing HVAC Equipment”) subject to and in accordance with the provisions of this Article 35 Article. Tenant acknowledges and all other applicable provisions of this Leaseagrees that air-conditioning service to the Building shall be supplied through equipment operated, maintained, repaired and replaced (as necessary) by Tenant and that Landlord shall has no obligation to operate, maintain, repair or replace the said equipment or to supply air-conditioning service to the Premises through Building, except for the Building’s central equipment presently supplying air-conditioning service to the 3rd Floor Premises for the period prior to the 3rd Floor Commencement Date and except for the Lobby HVAC. The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the lobby of the Building or the Premises(the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Existing HVAC Equipment and the Supplemental Systems (collectively hereinafter referred to as the “Building HVAC System”), shall be operated, maintained, repaired and replaced (as necessary) during HVAC Periods (and during non-HVAC Periods if requested by Tenant in accordance compliance with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed heretoall present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Subject to Section 30.06, Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so Tenant shall pay for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension all electricity consumed in the operation of the Building HVAC System may continue until such time as System, and Tenant’s proportionate share of the reason causing such suspension has been remedied electric current (provided that Landlord and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be become the obligation of Tenant subject to any claim by the terms of Article 41 of this Lease. Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if pay for all parts and supplies necessary for the proper operation of the Building HVAC System is prevented (and any restoration or replacement by strikes or accidents Tenant of all or any cause beyond Landlord’s reasonable controlpart thereof shall be in quality and class at least equal to the original work or installations); provided, or by the orders or regulations of any federalhowever, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during not alter, modify, remove or replace the HVAC PeriodsSystem, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlordor any part thereof, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at without Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after prior written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorconsent.

Air Conditioning. 35.01 [Subject to Tenant shall, at its own cost and expense operate, maintain, clean, repair and replace the provisions of this Article 35 air conditioning system, equipment and all other applicable provisions of this Lease, Landlord shall supply air-conditioning service to the Premises through the Building’s central air-conditioning facilities (hereinafter called the “Building HVAC AC System”) during HVAC Periods now or hereafter located in or servicing solely the demised premises (including, but not limited to, the periodic cleaning and/or replacements of filters, replacement of fuses and during non-HVAC Periods if requested belts, the calibration of thermostats and all startup and shut down maintenance of the system, equipment and facilities) and provide a repair and maintenance contract in form reasonably satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Landlord; provided, however, that Landlord may elect at any time to enter into a contract with an air conditioning contractor or servicing organization to provide repair and maintenance to the AC System (provided such contract or charges are commercially reasonable) in which event, Tenant shall pay Landlord for the cost of such contract as additional rent hereunder within ten (10) days following demand made therefor. At Landlord’s sole option, such contract may include other air conditioning systems, equipment and facilities, in which event, Tenant shall pay Landlord within ten (10) days following demand therefor for the cost of such contract to the extent that it relates to the AC System, as additional rent hereunder. If any permit or license is required for the operation of the AC System, such license or permit shall be in place as of the Commencement Date and Tenant shall, at Tenant’s expense, thereafter obtain and maintain any such permit or license unless Landlord elects to obtain the same on Tenant’s behalf and at Tenant’s expense. Any additions or other alterations to the AC System shall require Landlord’s prior written consent pursuant to Article 10 hereof and the consent of the contractor with a contract covering maintenance of the AC System. The electricity furnished to and/or consumed by the AC System shall be paid for by Tenant in accordance with the terms Article 44 hereof) pursuant to the specifications detailed on Exhibit F annexed hereto. Subject to Section 30.06, Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floor.

Air Conditioning. 35.01 [Subject If the Unit has been provided with a ledge for split air conditioning system with suitable provision for keeping outdoor units of the AC system and also the route to take refrigerant piping, which the Allottee shall have to strictly follow while installing AC units Provisions have been made for drainage lines to comply with provision of Wall–Hung Indoor Split Air-condition Units at specified position with outdoor compressor units only. The out- door compressor units should be installed in the specified A/C ledge platforms. It may be noted that installation of Window Air conditioners are strictly not permitted. Any other form of Air conditioners such as Hat Unit or Cassette-Unit after making suitable modification to the provisions drainage line without affecting the structural components (Beams and columns) or the aesthetic appearance of this Article 35 the building may/may not be allowed , however the location of the out-door units shall always be at the specified A/C ledges. The drainage line should be connected ONLY at the drain outlet point provided. The refrigerant pipes connecting the indoor and all other applicable provisions of this Lease, Landlord outdoor units shall supply air-conditioning service be provided by the customer . Chasing or drilling holes in concrete surfaces for making these drainage and refrigerant pipe connections not allowed. If these pipes run exposed they may need to the Premises be covered with local boxing or false ceiling . These pipes shall be passed through the Building’s central airexternal concrete walls in specified locations where a hole has been provided and temporarily blocked with lean ▇▇▇▇▇▇ fill. The internal security of the Unit shall always be the sole responsibility of the respective Allottee(s) as if it is their own Unit.. Further the Allotee shall also strictly observe the FIRE SAFETY RULES as provided in the Schedule-conditioning facilities (J and and the “Building HVAC System”) during HVAC Periods (MAINTENANCE RULES as provided in Schedule-K hereto subject to further additions and during nonmodifications from time to time. Besides paying electricity charges, the Allottee shall comply with all rules, regulations and bye-HVAC Periods if requested by Tenant in accordance laws pertaining to useof electricity, water, telecommunication and other utilities and shall pay Electricity Charges, Air Conditioning Charges Service Charges, and Generator Charges for the electricity consumed together with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed hereto. Subject to Section 30.06, Landlord reserves the right to suspend operation demand charges of the Building HVAC System at CESC in respect of the Said Unit every month punctually and without any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or default together with any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, additional charges of 5% transmission loss on the operation of bill amount . However, it is made clear that the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, said service and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord maintenance charge shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased revised from time to time as and when necessitated by Landlord’s actual increased out-of-pocket costs increase in connection therewith). For purposes hereof, cost and the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service Allottee shall be bound to pay the same and any amount payable by the Allottee directly to any Authority shall always be paid by the Allottee within the due date in respect thereof. Power from Generator (during load shedding or power failure) will be provided subject to any minimum hour union requirements in effect the Allottee making payment of the charges thereof for which Promoter may install a sub-meter for the said unit and Allottee shall make payment of the Bills to be raised thereof by the Promoter/FM from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting time at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests nonrate at which the other Unit-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant Allottees or Occupiers shall be adjusted pro rata liable to pay based on Promoter’s estimate of actual expenses. It is pertinent to mention that the period promoter will provide for 1 KVA of time each tenant, including Tenant, shall utilize such air conditioning zone Power back up for 4(four) bedroom row house and on the rentable area _ _ KVA of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorPower back up for Town House Units.

Air Conditioning. 35.01 [Subject to the provisions of this Article 35 and all other applicable provisions of this Lease, Landlord shall supply air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building HVAC System”) Monday to Friday from 8:00 a.m. to 6:00 p.m. during HVAC Periods the Building’s “Cooling Season” (which is currently May 15 through October 15), subject to and during non-HVAC Periods if requested by Tenant in accordance with the terms hereofprovisions of this Lease. Tenant shall pay Tenant’s proportionate share of all electricity (and also water, gas and/or steam, if applicable) pursuant consumed in the operation of the Building HVAC System and for the production of chilled and/or condenser water and its supply to the specifications detailed on Exhibit F annexed heretoPremises. Subject to Section 30.06the review and approval by Landlord of Tenant’s Plans (as herein defined in Article 49), if supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire premises to a high density of office personnel and/or heat generating machines or appliances), Tenant shall be permitted to install air cooled supplemental air-conditioning equipment to service to the Premises (the “Supplemental A/C System”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection therewith, provided that Tenant hereby acknowledges and agrees that at all times the Supplemental A/C System once installed by Tenant shall be and remain the property of Landlord and, further, that Tenant shall at all times, at its sole cost and expense, be responsible to operate, maintain, repair in good working order and in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Tenant shall pay to Landlord, within twenty (20) days after demand as Additional Rent hereunder, charges for all electricity consumption in connection with the Supplemental A/C System, in accordance with the provisions of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the Supplemental A/C System (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations. Without limiting the generality of the foregoing, Tenant shall at all times during the term hereof contract for and maintain regular service of said the Supplemental A/C System through an independent, licensed, professional third party maintenance company approved by Landlord and shall, within thirty (30) days of installation of the Supplemental A/C System, forward to Landlord a fully executed original copy of such contract. Such contract shall provide for the thorough overhauling of the Supplemental A/C System at least once each year during the Term of this Lease and shall expressly state that (i) it shall be an automatically renewing contract terminable upon not less than thirty (30) days prior written notice to the Landlord (sent by certified mail, return receipt requested) and (ii) the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review same promptly after Landlord’s request. Landlord reserves the right to suspend operation of the Building HVAC System and/or Supplemental A/C System, if any, at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effectaffect, either directly or indirectly, on the operation of the Building HVAC System and /or Supplemental A/C System, if any, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System and/or Supplemental A/C System, if any, is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floor.

Air Conditioning. 35.01 [Subject to (a) The Tenant shall not, without the provisions prior written consent of this Article 35 and all other applicable provisions of this Leasethe Landlord, Landlord shall supply install any fan coil unit or air-conditioning service plant, machinery or equipment in addition to or in place of those provided by the Premises through the Building’s central Landlord. (b) Where any air-conditioning facilities plant, machinery or equipment for cooling or recirculating air is installed in or about the Premises (whether by the “Building HVAC System”) during HVAC Periods (and during non-HVAC Periods if requested by Landlord or the Tenant in accordance or any other prior tenant or occupier of the Premises with the terms hereof) pursuant Landlord’s approval), the Tenant shall to the specifications detailed on Exhibit F annexed hereto. Subject to Section 30.06, Landlord reserves the right to suspend operation extent of the Building HVAC System Tenant’s control over the same at any time all times use and regulate the same to ensure that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost plant, machinery or equipment is $_______ per hour) and which Actual AC Cost shall only be increased employed to the best advantage in the conditions from time to time prevailing. (c) Where any fan coil units, air-conditioning plant, machinery or equipment has been previously installed by the Landlord or any other prior tenant or occupier of the Premises or is installed by the Tenant with the Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereofapproval, the term “Actual AC Cost” Tenant shall mean comply with the actual out-of-pocket incremental extra costs to directions and instructions of the Landlord to provide non-HVAC Period air conditioning service without markup regarding relocation, replacement and/or installation. The Tenant shall be responsible for profit periodic inspection, maintenance and repair and for the replacement of any defective or overheadworn out parts or wiring. If Landlord’s Actual AC Cost is increasedThe Tenant shall also be responsible for all damages caused by the relocation, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice replacement, installation, operation, defect or removal of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four equipment. (4d) hours, unless such non-HVAC Period Where air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periodsoutside the Normal Business Hours and is provided by the Landlord and/or the Manager on the Tenant giving the Landlord and the Manager reasonable advance notice of the Tenant’s requirements, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect pay to the 23rd floorLandlord forthwith on demand or reimburse the Landlord such amount as the Landlord and/or (as the case may be) the Manager may, in accordance with the House Rules, charge for such additional air-conditioning service.

Air Conditioning. 35.01 [Subject to the provisions of this Article 35 34.01 Tenant acknowledges and all other applicable provisions of this Lease, Landlord shall supply agrees that heat and air-conditioning service to the l:\Cyruli Documents\SLGreen\615 Madison Ave\Fitz & Co\Lease dr 07.doc 34 Premises shall be supplied through equipment installed, operated, maintained and repaired by Tenant and that Landlord has no obligation to install, operate, maintain or to repair the Building’s central said equipment or to supply heat or air-conditioning service to the Premises. All heat and air conditioning systems, equipment and facilities now or hereafter located in or servicing the Premises (the “Building "HVAC System”) during HVAC Periods (including, without limitation, all ducts, dampers, registers, grilles and during non-HVAC Periods if requested appurtenances utilized in connection therewith, shall be maintained, repaired and operated by Tenant in accordance compliance with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed heretoall present and future laws and regulations relating thereto at Tenant's sole cost and expense. Subject to Section 30.06, Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so Tenant shall pay for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension all electricity consumed in the operation of the Building HVAC Systems. Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC Systems (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not install, alter, modify, remove or replace the HVAC Systems, or any part thereof, without Landlord's prior written consent, which consent shall be governed by the same standards as apply to Alterations under Article 8 ofthis Lease. 34.02 Without limiting the generality ofthe foregoing, Tenant shall, at its own cost and expense, (a) cause to be performed all maintenance ofthe HVAC System, including all repairs and replacements thereto, and (b) commencing as of the date upon which Tenant shall first occupy the Premises for the conduct of its business, and thereafter throughout the Term of this Lease, maintain in force and provide a copy ofsame to Landlord an air conditioning service repair and full service maintenance contract covering the HVAC System may continue until in form satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Landlord. All such time as contracts shall provide for the reason causing such suspension has been remedied thorough overhauling of the HVAC System at least once each year during the Term of this Lease and shall expressly state that (provided that i) it shall be an automatically renewing contract terminable upon not less than thirty (30) days prior written notice to the Landlord shall diligently repair and remedy such suspension(sent by certified mail, return receipt requested) and that (ii) the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review same promptly after Landlord's request. The HVAC System is and shall not be held responsible at all times remain the property ofLandlord, and at the expiration or be sooner termination of this Lease, Tenant shall surrender to Landlord the HVAC System in good working orderand condition, subject to any claim by normal wearandtear and shall deliver to Landlord a copy of the service log. In the event that Tenant due fails to such suspension. Subject to Section 30.06obtain the contract required herein or perform anyof the maintenance or repairs required hereunder, Tenant further agrees that Landlord shall have no responsibility or liability the right, but not the obligation, to procure such contract and/or perform any such work and charge the Tenant as Additional Rent hereunder the cost of same plus an administrative fee equal to fifteen (1 5%) percent of such cost which shall be paid for by Tenant on demand. 34.03 If and so long as Tenant is not in default of this Lease after notice and the expiration of any cure period contained herein then, upon Tenant's election, Landlord shall make available to Tenant if up to sixteen ( 16) tons of condenser water for use by Tenant in the Premises in connection with the operation by Tenant of the Building HVAC System is prevented (the "Condenser provided that Tenant elects to have Landlord supply such Condenser Water by strikes or accidents or any cause beyond Landlord’s reasonable controlnotice {"Tenant's Condenser Water given to Landlord as part andparcel ofTenant' s Initial Alteration Work as reflected in Tenant's Plans, or as defined in Article 51, below, which Tenant's Condenser Water Notice shall set forth the tonnage of Condenser Water requested by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 Tenant. In the event that Tenant shall require air conditioning service other fail to /:\Cyruli DocumentslSLGreen\625 Madison Ave\Fitz & Co\lease dr 07.doc 35 provide Landlord with Tenant's Condenser Water Notice in a timely manner or in the event that Tenant's Condenser Water Notice shall request less than during HVAC Periodsthe full sixteen (1 6) tons referred to above, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given then Tenant's access to Landlord by Tenant at least five (5) hours prior Condenser Water or Tenant's access to the time when such service is needed by Tenant. Tenant shall reimburse Landlordbalance of the sixteen (1 6) tons, as Additional Rentthe case may be, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm availability on a Business Day)first-come/first-served basis. 34.04 Tenant shall pay to Landlord as Additional Rent hereunder the following charges (plus sales tax, ifapplicable) in consideration of Landlord's agreement to make available to Tenant Condenser Water hereunder commencing as of the date upon which Tenant gives Tenant's Condenser Water Notice to Landlord, an annual charge of$700.00 per ton ofCondenser Water (the "Annual Condenser Water Except as otherwise provided for herein, all sums payable under this Article shall be deemed to be Additional Rent and shall be paid by Tenant within ten (10) days after demand. If more than one tenant served Commencing as ofthe first anniversary ofthe Commencement Date and on each aniversary ofthe Commencement Date thereafter during the Term and any extensions or renewals thereof, the Annual Condenser Water Charge shall be increased to an amount equal to the product obtained by multiplying: (x) the Annual Condenser Water Charge; by (y) a fraction, the numerator of which is the Consumer Price Index, All Items, New York and New Jersey, All Urban Consumers (the for the month before the month in which the Commencement Date occurred of the subject year, and the denominator ofwhich is the CPI for the month and year in which the Commencement Date occurred. 34.05 Landlord shall provide, at no additional cost to Tenant, heat to the Premises through the existing base Building perimeter heating system serving the Premises during the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service hours on the same days in the cold season in each year. Landlord shall maintain and repair said perimeter heating system (other than the convector covers) within the Premises, in good order and condition, except where the need for such maintenance or repairs is caused by (i) the negligence or willful misconduct ofTenant, its members, partners, directors, officers, employees, representatives, servants, invitees, subtenants or licensees, or (ii) a default by Tenant, or anyone claiming through Tenant, under the terms ofthis Lease, in either of which events (i) or (ii), above, such air conditioning zone during any non-HVAC Periods, the charge to Tenant maintenance and repair shall be adjusted pro rata based on the period of time each tenantperformed at Tenant's sole cost and expense, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorpayable as Additional Rent hereunder.

Air Conditioning. 35.01 [Subject to the provisions of this Article 35 and all other applicable provisions of this Lease, Landlord shall supply air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building HVAC System”) during HVAC Periods the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.) subject to and during non-HVAC Periods if requested by Tenant in accordance with the terms provisions of this Lease. Landlord shall perform such work as is necessary, if any, in order to place the Building HVAC System in good working order (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All air conditioning equipment and facilities (other than the Building HVAC System) pursuant located in or servicing the Premises, including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with the Building HVAC System and any Supplemental Systems (hereinafter defined) shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Tenant shall pay Tenant’s proportionate share of all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System and for the production of chilled and/or condenser water and its supply to the specifications detailed on Exhibit F annexed heretoPremises. Subject If supplementary air-conditioning equipment is required to Section 30.06accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effectaffect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than on the above referenced days and hours, but during HVAC Periodsthe Cooling Season, Landlord shall furnish such after hours air conditioning service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five not less than six (56) hours prior to the time when for which such service is needed by Tenantrequested or prior to 1:00 p.m. on business days preceding weekends and the aforementioned holidays. Tenant shall reimburse Landlord, as Additional Rent, additional rent within thirty ten (3010) days after receipt of an invoice from Landlord evidencing the sameLandlord's demand, for the provision charges assessed by Landlord of non-HVAC Period for such after hours air conditioning service pursuant to this Article. The price charged for after hours air-conditioning service as of the date hereof shall be $750.00 per hour, plus sales tax, if applicable, subject to future increases. (A) Tenant acknowledges and agrees that the Existing Supplemental HVAC Equipment (as defined on “Exhibit C”) shall be operated, maintained and repaired by Tenant and that Landlord has no obligation to operate, maintain or to repair the said equipment or to supply supplemental air-conditioning service to the Premises. The Existing Supplemental HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises, other than the Building HVAC System (collectively, the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Existing Supplemental HVAC Equipment and the Supplemental Systems (collectively hereinafter referred to as the “Supplemental HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Tenant shall pay for all electricity consumed in the operation of the Supplemental HVAC System, subject to the terms of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the Supplemental HVAC System (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations), except to the extent specifically set forth on “Exhibit C” annexed hereto; provided, however, that Tenant shall not alter, modify, remove or replace the Supplemental HVAC System, or any part thereof, without Landlord’s then Actual AC Cost prior written consent. (B) Without limiting the generality of the foregoing, Tenant shall, at its own cost and expense, (a) cause to be performed all maintenance of the Supplemental HVAC System, including all repairs and replacements thereto, and (b) commencing as of the date upon which current cost is $_______ per hour) Tenant shall first occupy the Premises for the conduct of its business, and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs thereafter throughout the Term of the Lease, maintain in connection therewith). For purposes hereof, force and provide a copy of the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs same to Landlord to provide non-HVAC Period an air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant repair and full service maintenance contract covering the Supplemental HVAC System in form reasonably satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Landlord. All such contracts shall provide for the thorough overhauling of the Supplemental HVAC System at least once each year during the Term of this Lease and shall expressly state that (given no later i) it shall be an automatically renewing contract terminable upon not less than thirty (30) days prior written notice to Landlord (sent by certified mail, return receipt requested) and (ii) the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review the same promptly after Landlord's request during normal business hours. The Supplemental HVAC System is and shall at all times remain the property of Landlord, and at the expiration or sooner termination of the Lease, Tenant receives notice shall surrender to Landlord the Supplemental HVAC System in good working order and condition, subject to normal wear and tear and shall deliver to Landlord a copy of the service log; provided, however, that Tenant shall not be obligated to replace the Existing Supplemental HVAC Equipment in the event the same has become inoperable. In the event that Tenant fails to obtain the contract required herein or perform any such increase)of the maintenance or repairs required hereunder, Landlord shall provide reasonable evidence of have the right, but not the obligation, to procure such contract and/or perform any such increases in Landlord’s Actual AC Costs. The provision work and charge Tenant as Additional Rent hereunder the cost of same plus an administrative fee equal to Tenant five (5%) of non-HVAC Period air-conditioning service such cost which shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call paid for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm by Tenant on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floordemand.

Air Conditioning. 35.01 [Subject Landlord shall provide base Building air conditioning to the provisions of this Article 35 Premises during the following hours: 8:00 a.m. through 6:00 p.m. Monday through Friday on normal business days. Landlord hereby covenants and all other applicable provisions agrees that air conditioning facilities servicing the Premises shall be in working order on the Commencement Date Tenant shall be permitted to use such air conditioning facilities during the term of this Lease, . Landlord shall supply air-conditioning service agrees to the Premises through the Building’s central air-maintain such air conditioning facilities (at its expense during the “Building HVAC System”) during HVAC Periods (and during non-HVAC Periods if requested by term of this Lease. Tenant shall use such air conditioning system in accordance with the terms hereof) pursuant reasonable rules and regulations of Landlord and the instructions of the manufacturer. Title to the specifications detailed on Exhibit F annexed heretoair conditioning facilities shall be and remain with Landlord at all times. Subject Landlord throughout the term of this Lease shall have free and unrestricted access at reasonable times and upon reasonable advance notice (except in the event of an emergency or if Landlord is required to Section 30.06comply with any law or if Landlord may be subject to civil or criminal penalty or fine), Landlord reserves which notice may be telephonic, to any and all air conditioning facilities in the right to suspend operation of Premises. Tenant may use the Building HVAC System air-conditioning at any time that Landlordtimes other than normal business hours on business days at a cost of One Hundred Seventy-Five Dollars ($175.00) per hour, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating amount may be raised by Landlord to the making of repairs, alterations or improvements in extent Landlord’s costs increase and if Landlord raises such rates for the Premises or tenants at the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspension) and that but Landlord shall not be held responsible or be subject to any claim by Tenant due to raise such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours rate prior to the time when such service is needed by first (1st) anniversary of the Commencement Date. Tenant at Tenant’s sole cost and expense, shall be permitted to install and operate a condenser water supplemental heating, ventilating and air-conditioning system (“HVAC”) during the term of this Lease. Landlord shall provide Tenant with up to two (2) tons of condenser water to the Premises for Tenant’s supplemental heating, ventilation and air-conditioning system on a twenty-four (24) hour, seven (7) days per week basis. Tenant shall reimburse Landlordpay Landlord an amount equal to Three Hundred Fifty Dollars ($350.00) per ton per annum for condenser water, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision which amount may be raised by Landlord during the term of non-HVAC Period air-conditioning service at this Lease to reflect actual increases in Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost cost. In addition, if Tenant installs such supplemental HVAC system, Tenant shall only be increased from time responsible to time by Landlord’s actual increased pay and/or reimburse Landlord for all out-of-pocket costs and expenses incurred by Landlord in connection therewith)with the installation and operation of the supplemental HVAC system. For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to hereby agrees that Tenant shall not be adjusted pro rata based on required to pay a “tap-in” fee for the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on condenser water for the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorsupplemental HVAC system.

Air Conditioning. 35.01 [Subject Tenant shall be permitted to use the equipment presently supplying air-conditioning service to the Premises (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. and on Saturdays from 9:00 a.m. to 1:00 pm, during the Building’s “Cooling Season” (which is currently May 15 through October 15) subject to and in accordance with the provisions of this Article 35 Article. Landlord shall perform such work as is necessary, if any, in order to place the Existing HVAC Equipment in good working order (“Landlord’s Initial HVAC Work”) subject, however, to Tenant’s obligation to thereafter maintain and all other applicable repair the Existing HVAC Equipment in accordance with the provisions of this Lease, Article. Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. Tenant acknowledges and agrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord has no obligation to operate, maintain or to repair the said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises through the Building’s central air-conditioning facilities (the “Building Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Existing HVAC Equipment and the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”) during HVAC Periods (), shall be maintained, repaired and during non-HVAC Periods if requested operated by Tenant in accordance compliance with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed heretoall present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Subject to Section 30.06, Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so Tenant shall pay for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension all electricity consumed in the operation of the Building HVAC System may continue until such time as System, and Tenant's proportionate share of the reason causing such suspension has been remedied electric current (provided that Landlord and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be become the obligation of Tenant subject to any claim by the terms of Article 41 of this Lease. Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if pay for all parts and supplies necessary for the proper operation of the Building HVAC System is prevented (and any restoration or replacement by strikes or accidents Tenant of all or any cause beyond part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourceprior written consent. 35.02 In Without limiting the event that generality of the foregoing, Tenant shall, at its own cost and expense, (a) cause to be performed all maintenance of the HVAC System, including all repairs and replacements thereto, and (b) commencing as of the date upon which Tenant shall require first occupy the Premises for the conduct of its business, and thereafter throughout the Term of the Lease, maintain in force and provide a copy of same to Landlord an air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours repair and full service through maintenance contract covering the Building HVAC System provided that written notice is given in form satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Tenant Landlord. All such contracts shall provide for the thorough overhauling of the HVAC System at least five once each year during the Term of this Lease and shall expressly state that (5i) hours prior to the time when such service is needed by Tenant. Tenant it shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of be an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later automatically renewing contract terminable upon not less than thirty (30) days prior written notice to the Landlord (sent by certified mail, return receipt requested) and (ii) the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review same promptly after Landlord's request. The HVAC System is and shall at all times remain the property of Landlord, and at the expiration or sooner termination of the Lease, Tenant receives notice shall surrender to Landlord the HVAC System in good working order and condition, subject to normal wear and tear and shall deliver to Landlord a copy of the service log. In the event that Tenant fails to obtain the contract required herein or perform any such increase)of the maintenance or repairs required hereunder, Landlord shall provide reasonable evidence of have the right, but not the obligation, to procure such contract and/or perform any such increases in Landlord’s Actual AC Costs. The provision work and charge the Tenant as Additional Rent hereunder the cost of same plus an administrative fee equal to fifteen percent (15%) of such cost which shall be paid for by Tenant of nonon demand. 35.03 Tenant acknowledges and agrees that any after-HVAC Period air-hours heat or air conditioning service requested by Tenant shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call furnished for a minimum block of four three (43) hourshours per request on weekends and holidays, unless such non-HVAC Period air-conditioning and a minimum of one (1) hour per request on weekdays. The price charged for after hours heating service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by as of the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant date hereof shall be adjusted pro rata based on $75.00 per hour for the period of time each tenantentire Premises, including Tenantplus sales tax, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenantif applicable, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect subject to the 23rd floorfuture increases.

Air Conditioning. 35.01 [Subject to the provisions of this Article 35 and all other applicable provisions of this Lease, Landlord shall supply air-conditioning and ventilation service to the Premises through the Building’s central air-conditioning facilities (the “Building HVAC System”) during the HVAC Periods (and during non-HVAC Periods if requested by Tenant in accordance with the terms hereof) pursuant to the specifications detailed on annexed hereto as Exhibit F annexed hereto. Subject to Section 30.06, F. Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effectaffect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, except as expressly set forth in Section 30.05 above; though Landlord shall use commercially reasonable efforts to avoid any suspension during Business Hours on Business Days. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable controlUnavoidable Delay, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to 2:00 p.m. on Business Days preceding weekends and the time when such service is needed by Tenantaforementioned holidays. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-non HVAC Period air-conditioning service at Landlord’s then Actual AC Cost then-established rates thereof (which current cost rate, as of the date hereof, is $_______ 1,163.00 per hour). (a) Subject to the provisions of this Section 35.03, Landlord shall make available to Tenant or reserve for Tenant’s use up to 20 tons of condenser water (“Supplemental Condenser Water”) in connection with the operation by Tenant of supplemental air-conditioning equipment, which Tenant shall be entitled to install, subject to the provisions of Article 8 hereof. Subject to any provision of this Lease relating to stoppage of services and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased outinability to perform, Landlord shall supply Supplemental Condenser Water to the Premises on a twenty-of-pocket costs in connection therewith)four (24) hour, 365 day basis. For purposes hereofTenant must provide its own independent circulating pump, the term properly sized and balanced. Tenant may elect to have Landlord supply or reserve such Supplemental Condenser Water by notice (a “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs Supplemental Condenser Water Notice”) given to Landlord on or before the one (1) year anniversary of the Commencement Date (“CW Outside Date”), time being of the essence with respect to provide non-HVAC Period air conditioning service without markup for profit such date, which notice shall set forth the tonnage of Supplemental Condenser Water requested by Tenant. Tenant shall be deemed to have elected not to have Landlord supply or overhead. If Landlord’s Actual AC Cost is increasedreserve all or a portion of such Supplemental Condenser Water, promptly after written request by as applicable, if Tenant fails to give to Landlord (given no later a Supplemental Condenser Water Notice on or before the CW Outside Date, or if Tenant gives a Supplemental Condenser Water Notice on or before the CW Outside Date requiring Landlord to supply and/or reserve less than thirty (30) days after Tenant receives notice of the Supplemental Condenser Water detailed above, then in any such increase)event Landlord shall have no obligation to reserve the unused or unreserved portion of such Supplemental Condenser Water for Tenant’s future use; provided, that if Tenant thereafter requires such Supplemental Condenser Water, Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision Supplemental Condenser Water to Tenant to the extent such Supplemental Condenser Water is available after taking into account reasonably appropriate reserves to serve the current and anticipated future needs of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by Landlord and the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area other tenants of the Building leased as reasonably determined by each such tenantLandlord. In connection with the foregoing, including Tenant, within such air conditioning zone.]8 8 As noted above Tenant shall not be required to pay to Landlord a tap-in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorcharge.

Air Conditioning. 35.01 [Subject to (A) Tenant acknowledges that Landlord shall install the provisions Base Building AC Units (as defined in Section 4.02) as part of this Article 35 and all other applicable provisions the Post-Possession Base Building Work. Upon completion of this Leasethe installation of the Base Building AC Units, Landlord shall supply have no further obligations with respect to such air-conditioning service units. Tenant covenants and agrees to maintain the Base Building AC Units in good working order at all times during the Term of this lease, to perform all repairs thereto and services, at Tenant's sole cost and expense and to make replacement of parts, at Tenant's expense, as they become necessary. Tenant shall maintain throughout the Term of this lease a contract with a vendor and under a form approved in advance by Landlord for the service, maintenance, repair and/or replacement of such air conditioning equipment. Tenant shall be required to pay in accordance with Article 17 of this lease, for all electric energy used in connection with any air conditioning equipment servicing the Demised Premises. The Base Building AC Units shall at all times be the sole property of Landlord and shall be surrendered to Landlord with the Demised Premises upon the expiration or sooner termination of this lease. Landlord shall supply to Tenant at the Demised Premises the appropriate amount of condenser water capacity for the Base Building AC Units through the Building’s central air-conditioning facilities condenser water system (the “Building HVAC "Condenser System”") during HVAC Periods the hours of 8:00 am through 6:00 pm on business days. If Tenant shall require condenser water for the Base Building AC Units during times other than those provided in the immediately preceding sentence, provided Tenant is not in default under this lease, beyond the expiration of applicable notice and cure periods, then, Landlord shall furnish the same upon advance notice from Tenant, given prior to 12:00 P.M. on any business day on which Tenant requires such after-hours condenser water or if Tenant shall desire same on a day other than a business day, Landlord shall furnish the same upon advance notice from Tenant given prior to 12:00 P.M. on the last business day prior to such non business day, and Tenant shall pay Landlord's then established charges therefor as additional rent within twenty (20) days after demand. Landlord’s current Building standard rate for after-hours condenser water is $150.00 per hour per floor, subject to Landlord’s actual increases in costs from time to time with a minimum of four (4) hours on weekends and during nonholidays. Notwithstanding what the then current Building standard rate for after-HVAC Periods if requested by hours condenser water is, Tenant in accordance with shall only be charged $92.00 per hour per floor, subject to Landlord’s actual increases from time to time for after-hours condenser water for the terms hereoffirst three-hundred (300) pursuant hours Tenant uses per annum (which shall be prorated for partial years). The furnishing of condenser water to the specifications detailed on Exhibit F annexed heretoBase four AC Units is subject to emergencies and Landlord’s scheduled routine shutdowns. Subject Tenant acknowledges and agrees that (i) condenser water for the Condenser System shall be supplied by several water towers, (ii) the water towers providing condenser water to Section 30.06, Landlord reserves Tenant may additionally be utilized for the right to suspend operation cooling of the public portions of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so and during the Building's cooling season the demand for reasons such as accidents, emergencies or any situation arising condenser water in the Premises Building may limit Landlord's ability to supply condenser water in the event of a failure of one (1) or within the Building which has an adverse effect, either directly or indirectly, on the operation more of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Buildingwater towers, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspensioniii) and that Landlord shall not be held responsible liable to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of the condenser water supplied to the Demised Premises shall no longer be subject available or suitable for Tenant's requirements or if a failure of one (1) or more of the water towers servicing the Demised Premises shall cause an interruption of its supply of condenser water. Landlord shall operate, repair and maintain the Condenser System. (B) Tenant shall be permitted to any claim install a reasonable amount of supplemental air conditioning units throughout the Demised Premises, upon Landlord’s approval thereof, which approval shall not be unreasonably withheld or delayed, provided and on condition that: (i) Tenant establishes reasonable proof that it needs such supplemental air conditioning units; (ii) in operating such supplemental air conditioning units, the Electric Capacity is not exceeded, and (iii) the louvers for each such supplemental air conditioning unit shall be placed in an area designated by Tenant due to such suspensionLandlord. Subject to the terms of Section 30.0618.04(A), Tenant further agrees that Landlord shall be entitled to use such supplemental air conditioning units twenty-four (24) hours per day, seven (7) days per week and Tenant shall have no responsibility or liability the option to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish connect such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior supplemental units to the time when such service is needed by TenantBuilding’s condenser water system. Tenant shall reimburse Landlordpay, as Additional Rentadditional rent hereunder, within thirty (30) days after receipt of an invoice from Landlord evidencing throughout the sameTerm if Tenant is using Landlord’s condenser water system, the Building standard charge per ton per annum for the provision by Landlord use of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost condenser water system plus any applicable tax thereon, such as sales tax or utility tax, payable in equal monthly installments as and with the fixed rent payable hereunder (which except that there shall be no abatement thereof during any Free Fixed Rent Periods provided hereunder). Landlord’s current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time Building standard supplemental condenser water charge, subject to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect costs from time to time, which minimum requirements call is $600.00 per ton of capacity per annum and shall be charged when Tenant connects its supplemental units to the condenser water system. Tenant covenants and agrees, at Tenant’s sole cost and expense, to maintain all supplemental air conditioning units serving the Demised Premises, in good working order at all times during the Term of this lease, to perform all repairs and services thereto, and to make replacement of parts, as they become necessary. Tenant shall maintain throughout the Term of this lease a contract with a vendor and under a form approved in advance by Landlord for a minimum block the service, maintenance, repair and/or replacement of four such supplemental air conditioning units. Tenant shall reserve up to thirty (430) hours, unless such non-HVAC Period air-conditioning service is required tons of condenser water for a period starting immediately Tenant’s supplemental unit (the “Reserved Amount”) for up to one (1) year after an HVAC Period the Commencement Date (i.e., starting at 6:00 pm on a Business Daythe “CW Outside Date”). If more than one tenant served by Tenant does not advise Landlord that it wishes to use the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC PeriodsReserved Amount, the charge to then Tenant shall be adjusted pro rata based on no longer have the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect right to the 23rd floorReserved Amount after the CW Outside Date.

Air Conditioning. 35.01 [Subject Tenant shall be permitted to use the equipment presently supplying air-conditioning service to the Premises (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. during the Building’s “Cooling Season” (which is currently May 15 through October 15) subject to and in accordance with the provisions of this Article 35 Article. Tenant acknowledges and all other applicable provisions of this Leaseagrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord shall has no obligation to operate, maintain or to repair the said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises through the Building’s central air-conditioning facilities (the “Building Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Existing HVAC Equipment and the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”) during HVAC Periods (), shall be maintained, repaired and during non-HVAC Periods if requested operated by Tenant in accordance compliance with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed heretoall present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Subject to Section 30.06, Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so Tenant shall pay for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension all electricity consumed in the operation of the Building HVAC System may continue until such time as System, and Tenant's proportionate share of the reason causing such suspension has been remedied electric current (provided that Landlord and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be become the obligation of Tenant subject to any claim by the terms of Article 41 of this Lease. Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if pay for all parts and supplies necessary for the proper operation of the Building HVAC System is prevented (and any restoration or replacement by strikes or accidents Tenant of all or any cause beyond Landlord’s reasonable controlpart thereof shall be in quality and class at least equal to the original work or installations); provided, or by the orders or regulations of any federalhowever, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during not alter, modify, remove or replace the HVAC PeriodsSystem, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlordor any part thereof, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at without Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after prior written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorconsent.

Air Conditioning. 35.01 [Subject to the provisions of this Article 35 and all other applicable provisions of this Lease, Landlord shall supply air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building HVAC System”) during HVAC Periods the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.) subject to and during non-HVAC Periods if requested by Tenant in accordance with the terms provisions of this Lease. Landlord shall perform such work as is necessary, if any, in order to place the Building HVAC System in good working order (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All air conditioning equipment and facilities (other than the Building HVAC System) pursuant located in or servicing the Premises, including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with the Building HVAC System and any Supplemental Systems (hereinafter defined) shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Tenant shall pay Tenant’s proportionate share of all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System and for the production of chilled and/or condenser water and its supply to the specifications detailed on Exhibit F annexed heretoPremises. Subject If supplementary air-conditioning equipment is required to Section 30.06accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effectaffect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than on the above referenced days and hours, but during HVAC Periodsthe Cooling Season, Landlord shall furnish such after hours air conditioning service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five not less than six (56) hours prior to the time when for which such service is needed by Tenantrequested or prior to 1:00 p.m. on business days preceding weekends and the aforementioned holidays. Tenant shall reimburse Landlord, as Additional Rent, additional rent within thirty ten (3010) days after receipt of an invoice from Landlord evidencing the sameLandlord’s demand, for the provision charges assessed by Landlord of non-HVAC Period for such after hours air conditioning service pursuant to this Article. The price charged for after hours air-conditioning service as of the date hereof shall be $750.00 per hour, plus sales tax, if applicable, subject to future increases. (A) Tenant acknowledges and agrees that the Existing Supplemental HVAC Equipment (as defined on “Exhibit C”) shall be operated, maintained and repaired by Tenant and that Landlord has no obligation to operate, maintain or to repair the said equipment or to supply supplemental air-conditioning service to the Premises. The Existing Supplemental HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises, other than the Building HVAC System (collectively, the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Existing Supplemental HVAC Equipment and the Supplemental Systems (collectively hereinafter referred to as the “Supplemental HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Tenant shall pay for all electricity consumed in the operation of the Supplemental HVAC System, subject to the terms of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the Supplemental HVAC System (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations), except to the extent specifically set forth on “Exhibit C” annexed hereto; provided, however, that Tenant shall not alter, modify, remove or replace the Supplemental HVAC System, or any part thereof, without Landlord’s then Actual AC Cost prior written consent. (B) Without limiting the generality of the foregoing, Tenant shall, at its own cost and expense, (a) cause to be performed all maintenance of the Supplemental HVAC System, including all repairs and replacements thereto, and (b) commencing as of the date upon which current cost is $_______ per hour) Tenant shall first occupy the Premises for the conduct of its business, and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs thereafter throughout the Term of the Lease, maintain in connection therewith). For purposes hereof, force and provide a copy of the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs same to Landlord to provide non-HVAC Period an air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant repair and full service maintenance contract covering the Supplemental HVAC System in form reasonably satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Landlord. All such contracts shall provide for the thorough overhauling of the Supplemental HVAC System at least once each year during the Term of this Lease and shall expressly state that (given no later i) it shall be an automatically renewing contract terminable upon not less than thirty (30) days prior written notice to Landlord (sent by certified mail, return receipt requested) and (ii) the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review the same promptly after Landlord’s request during normal business hours. The Supplemental HVAC System is and shall at all times remain the property of Landlord, and at the expiration or sooner termination of the Lease, Tenant receives notice shall surrender to Landlord the Supplemental HVAC System in good working order and condition, subject to normal wear and tear and shall deliver to Landlord a copy of the service log; provided, however, that Tenant shall not be obligated to replace the Existing Supplemental HVAC Equipment in the event the same has become inoperable. In the event that Tenant fails to obtain the contract required herein or perform any such increase)of the maintenance or repairs required hereunder, Landlord shall provide reasonable evidence of have the right, but not the obligation, to procure such contract and/or perform any such increases in Landlord’s Actual AC Costs. The provision work and charge Tenant as Additional Rent hereunder the cost of same plus an administrative fee equal to Tenant five (5%) of non-HVAC Period air-conditioning service such cost which shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call paid for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm by Tenant on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floordemand.

Air Conditioning. 35.01 [Subject Tenant shall be permitted to use the equipment presently supplying air-conditioning service to the Premises (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. during the Building’s “Cooling Season” (which is currently May 15 through October 15) subject to and in accordance with the provisions of this Article 35 Article. Landlord shall perform such work as is necessary, if any, in order to place the Existing HVAC Equipment in working order (“Landlord’s Initial HVAC Work”) subject, however, to Tenant’s obligation to thereafter maintain and all other applicable repair the Existing HVAC Equipment in accordance with the provisions of this Lease, Article. Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. Tenant acknowledges and agrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord has no obligation to operate, maintain or to repair the said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises through the Building’s central air-conditioning facilities (the “Building Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Existing HVAC Equipment and the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”) during HVAC Periods (), shall be maintained, repaired and during non-HVAC Periods if requested operated by Tenant in accordance compliance with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed heretoall present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Subject to Section 30.06, Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so Tenant shall pay for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension all electricity consumed in the operation of the Building HVAC System may continue until such time as System, and Tenant’s proportionate share of the reason causing such suspension has been remedied electric current (provided that Landlord and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be become the obligation of Tenant subject to any claim by the terms of Article 41 of this Lease. Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if pay for all parts and supplies necessary for the proper operation of the Building HVAC System is prevented (and any restoration or replacement by strikes or accidents Tenant of all or any cause beyond part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourceprior written consent. 35.02 In Without limiting the event that generality of the foregoing, Tenant shall, at its own cost and expense, (a) cause to be performed all maintenance of the HVAC System, including all repairs and replacements thereto, and (b) commencing as of the date upon which Tenant shall require first occupy the Premises for the conduct of its business, and thereafter throughout the Term of the Lease, maintain in force and provide a copy of same to Landlord an air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours repair and full service through maintenance contract covering the Building HVAC System provided that written notice is given in form satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Tenant Landlord. All such contracts shall provide for the thorough overhauling of the HVAC System at least five once each year during the Term of this Lease and shall expressly state that (5i) hours prior to the time when such service is needed by Tenant. Tenant it shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of be an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased from time to time by Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereof, the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later automatically renewing contract terminable upon not less than thirty (30) days prior written notice to Landlord (sent by certified mail, return receipt requested) and (ii) the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review same promptly after Landlord’s request. The HVAC System is and shall at all times remain the property of Landlord, and at the expiration or sooner termination of the Lease, Tenant receives notice shall surrender to Landlord the HVAC System in good working order and condition, subject to normal wear and tear and shall deliver to Landlord a copy of the service log. In the event that Tenant fails to obtain the contract required herein or perform any such increase)of the maintenance or repairs required hereunder, Landlord shall provide reasonable evidence of have the right, but not the obligation, to procure such contract and/or perform any such increases in Landlord’s Actual AC Costs. The provision work and charge Tenant as Additional Rent hereunder the cost of same plus an administrative fee equal to Tenant fifteen percent (15%) of non-HVAC Period air-conditioning service such cost which shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call paid for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm by Tenant on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floordemand.

Air Conditioning. 35.01 [Subject to (a) The Tenant shall not, without the provisions prior written consent of this Article 35 and all other applicable provisions of this Leasethe Landlord, Landlord shall supply install any fan coil unit or air-conditioning service plant, machinery or equipment in addition to or in place of those provided by the Premises through the Building’s central Landlord. (b) Where any air-conditioning facilities plant, machinery or equipment for cooling or recirculating air is installed in or about the Premises (whether by the “Building HVAC System”) during HVAC Periods (and during non-HVAC Periods if requested by Landlord or the Tenant in accordance or the Previous Tenant or any other prior tenant or occupier of the Premises with the terms hereof) pursuant Landlord’s approval), the Tenant shall to the specifications detailed on Exhibit F annexed hereto. Subject to Section 30.06, Landlord reserves the right to suspend operation extent of the Building HVAC System Tenant’s control over the same at any time all times use and regulate the same to ensure that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, on the operation of the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost plant, machinery or equipment is $_______ per hour) and which Actual AC Cost shall only be increased employed to the best advantage in the conditions from time to time prevailing. (c) Where any fan coil units, air-conditioning plant, machinery or equipment has been previously installed by the Landlord or the Previous Tenant or any other prior tenant or occupier of the Premises or is installed by the Tenant with the Landlord’s actual increased out-of-pocket costs in connection therewith). For purposes hereofapproval, the term “Actual AC Cost” Tenant shall mean comply with the actual out-of-pocket incremental extra costs to directions and instructions of the Landlord to provide non-HVAC Period air conditioning service without markup regarding relocation, replacement and/or installation. The Tenant shall be responsible for profit periodic inspection, maintenance and repair and for the replacement of any defective or overheadworn out parts or wiring. If Landlord’s Actual AC Cost is increasedThe Tenant shall also be responsible for all damages caused by the relocation, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice replacement, installation, operation, defect or removal of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service shall be subject to any minimum hour union requirements in effect from time to time, which minimum requirements call for a minimum block of four equipment. (4d) hours, unless such non-HVAC Period Where air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests non-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periodsoutside the Normal Business Hours and is provided by the Landlord and/or the Manager on the Tenant giving the Landlord and the Manager reasonable advance notice of the Tenant’s requirements, the charge to Tenant shall be adjusted pro rata based on the period of time each tenant, including Tenant, shall utilize such air conditioning zone and on the rentable area of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect pay to the 23rd floorLandlord forthwith on demand or reimburse the Landlord such amount as the Landlord and/or (as the case may be) the Manager may, in accordance with the House Rules, charge for such additional air-conditioning service.

Air Conditioning. 35.01 [Subject If the Unit has been provided with a ledge for split air conditioning system with suitable provision for keeping outdoor units of the AC system and also the route to take refrigerant piping, which the Allottee shall have to strictly follow while installing AC units Provisions have been made for drainage lines to comply with provision of Wall–Hung Indoor Split Air-condition Units at specified position with outdoor compressor units only. The out- door compressor units should be installed in the specified A/C ledge platforms. It may be noted that installation of Window Air conditioners are strictly not permitted. Any other form of Air conditioners such as Hat Unit or Cassette-Unit after making suitable modification to the provisions drainage line without affecting the structural components (Beams and columns) or the aesthetic appearance of this Article 35 the building may/may not be allowed , however the location of the out-door units shall always be at the specified A/C ledges. The drainage line should be connected ONLY at the drain outlet point provided. The refrigerant pipes connecting the indoor and all other applicable provisions of this Lease, Landlord outdoor units shall supply air-conditioning service be provided by the customer . Chasing or drilling holes in concrete surfaces for making these drainage and refrigerant pipe connections not allowed. If these pipes run exposed they may need to the Premises be covered with local boxing or false ceiling . These pipes shall be passed through the Building’s central airexternal concrete walls in specified locations where a hole has been provided and temporarily blocked with lean ▇▇▇▇▇▇ fill. The internal security of the Unit shall always be the sole responsibility of the respective Allottee(s) as if it is their own Unit.. Further the Allotee shall also strictly observe the FIRE SAFETYRULES as provided in the Schedule-conditioning facilities (J and and the “Building HVAC System”) during HVAC Periods (MAINTENANCE RULES as provided in Schedule-K hereto subject to further additions and during nonmodifications from time to time. Besides paying electricity charges, the Allottee shall comply with all rules, regulations and bye-HVAC Periods if requested by Tenant in accordance laws pertaining to useof electricity, water, telecommunication and other utilities and shall pay Electricity Charges, Air Conditioning Charges Service Charges, and Generator Charges for the electricity consumed together with the terms hereof) pursuant to the specifications detailed on Exhibit F annexed hereto. Subject to Section 30.06, Landlord reserves the right to suspend operation demand charges of the Building HVAC System at CESC in respect of the Said Unit every month punctually and without any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or default together with any situation arising in the Premises or within the Building which has an adverse effect, either directly or indirectly, additional charges of 5% transmission loss on the operation of bill amount . However, it is made clear that the Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, said service and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied (provided that Landlord maintenance charge shall diligently repair and remedy such suspension) and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension. Subject to Section 30.06, Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source. 35.02 In the event that Tenant shall require air conditioning service other than during HVAC Periods, Landlord shall furnish such after hours service through the Building HVAC System provided that written notice is given to Landlord by Tenant at least five (5) hours prior to the time when such service is needed by Tenant. Tenant shall reimburse Landlord, as Additional Rent, within thirty (30) days after receipt of an invoice from Landlord evidencing the same, for the provision by Landlord of non-HVAC Period air-conditioning service at Landlord’s then Actual AC Cost (which current cost is $_______ per hour) and which Actual AC Cost shall only be increased revised from time to time as and when necessitated by Landlord’s actual increased out-of-pocket costs increase in connection therewith). For purposes hereof, cost and the term “Actual AC Cost” shall mean the actual out-of-pocket incremental extra costs to Landlord to provide non-HVAC Period air conditioning service without markup for profit or overhead. If Landlord’s Actual AC Cost is increased, promptly after written request by Tenant to Landlord (given no later than thirty (30) days after Tenant receives notice of any such increase), Landlord shall provide reasonable evidence of any such increases in Landlord’s Actual AC Costs. The provision to Tenant of non-HVAC Period air-conditioning service Allottee shall be bound to pay the same and any amount payable by the Allottee directly to any Authority shall always be paid by the Allottee within the due date in respect thereof. Power from Generator (during load shedding or power failure) will be provided subject to any minimum hour union requirements in effect the Allottee making payment of the charges thereof for which Promoter may install a sub-meter for the said unit and Allottee shall make payment of the Bills to be raised thereof by the Promoter/FM from time to time, which minimum requirements call for a minimum block of four (4) hours, unless such non-HVAC Period air-conditioning service is required for a period starting immediately after an HVAC Period (i.e., starting time at 6:00 pm on a Business Day). If more than one tenant served by the same air conditioning zone as Tenant requests nonrate at which the other Unit-HVAC Period air conditioning service through such air conditioning zone during any non-HVAC Periods, the charge to Tenant Allottees or Occupiers shall be adjusted pro rata liableto pay based on Promoter’s estimate of actual expenses. It is pertinent to mention that the period promoter will provide for 1 KVA of time each tenant, including Tenant, shall utilize such air conditioning zone Power back up for 4(four) bedroom row house and on the rentable area _ _ KVA of the Building leased by each such tenant, including Tenant, within such air conditioning zone.]8 8 As noted above in footnote 1, Section 35.01 and Section 35.02 shall only apply with respect to the 23rd floorPower back up for Town House Units.