Common use of Air Conditioning Clause in Contracts

Air Conditioning. (a) Tenant shall be responsible, at its sole cost and expense, for providing cooled air to the demised premises, through the air conditioning unit(s) or system which are located in the demised premises or which Tenant may install, subject to the terms and provisions of this Lease, which shall be air-cooled only. Any air conditioning unit(s) or system installed or to be installed in the demised premises, is and shall be deemed property of Landlord. As of the Commencement Date, the existing air conditioning unit(s) in the demised premises shall be in good working order reasonably sufficient to cool the demised premises and shall be controlled throughout the Term of this Lease exclusively by Tenant. (b) If the air conditioning system in the demised premises uses water, then: Tenant shall pay for the water consumed and the sewage charge in the operation thereof in accordance with the readings of a water meter installed to measure such consumption. Prior to installing any new or additional mechanical air conditioning unit or units in the demised premises, Tenant shall first obtain Landlord’s written consent. Under penalty of damages and forfeiture, Tenant herein shall not install any mechanical air conditioning plant or individual or collective unit using water unless the unit or units are equipped with a water conserving device, such as evaporative condenser, economizer, water cooling tower, or other similar apparatus. In connection with such air conditioning, Tenant agrees to install at its own cost and expense, a water meter which shall meter all water used in such air conditioning plant and such water used and sewage charges shall be paid for by Tenant per said meter readings, at the prevailing rate charged by the City of New York, on a timely, current basis. If Tenant has not installed a water meter, Landlord will charge Tenant with its proportion of the water consumption and sewage charges incurred by the Building. (c) Tenant shall change the filters of the air conditioning unit(s) and shall have the unit(s) cleaned on an as needed basis as reasonably determined by Tenant. (d) Tenant shall be responsible for the maintenance and repair of the air conditioning unit(s) or system affecting the demised premises whether ordinary or extraordinary in nature. Tenant shall, during the Term of this Lease, keep in full force and effect a repair and maintenance agreement (including replacement of all parts) with a company reasonably approved by Landlord covering said air conditioning unit(s) or system; a current copy of which (including renewals thereof) shall be delivered to Landlord upon Landlord’s request thereof. Notwithstanding the foregoing, Landlord shall be responsible for the cost of any repair and/or replacement of the air conditioning unit(s) or system affecting the demised premises costing in excess of $5,000.00 which is (i) not covered by the terms of Tenant’s maintenance contract, (ii) not necessitated by the negligence or willful misconduct of Tenant, and/or (iii) outside the scope of ordinary repair. (e) Subject to Article 13 of this Lease, Landlord shall have free and unrestricted access to all air conditioning equipment. Landlord reserves the right to interrupt, curtail, stop or suspend air conditioning when necessary because of accident, repairs, alterations or improvements (which in the judgment of Landlord are desirable or necessary, or to comply with governmental restrictions in the use of materials or in the use of the air conditioning system or because of difficulty in inability to secure supplies or labor because of strikes or other cause or causes beyond the reasonable control of Landlord, whether such cause or causes are similar or dissimilar to those hereinbefore mentioned, and except as may otherwise be provided for in this Lease, no diminution or abatement of Rent or other compensation shall or will be claimed by Tenant nor affected or reduced by reason of the interruptions, curtailment, stoppage or suspension of air conditioning, provided that if resumption is, or becomes, within Landlord’s reasonable control, Landlord shall use all diligent and reasonable efforts to cause such resumption.

Air Conditioning. (aA) Tenant shall be responsibleOWNER hereby grants the TENANT permission to use the air-conditioning unit(s), if any, currently installed in the demised premises during its occupancy of the demised premises. It is understood and agreed that TENANT, at its sole cost and expense, will comply with all the laws, rules, orders, ordinances and regulations of any governmental and quasi-governmental bureaus and departments having jurisdiction thereover, and of the New York Board of Fire Underwriters and the New York Fire Insurance Rating Organization. TENANT covenants and agrees to carry liability insurance and water damage legal liability insurance with respect to the said air-conditioning unit(s) and its associated ducting and other equipment (deemed included within the term “air-conditioning unit(s)”) throughout the term of the Lease.2 TENANT further covenants and agrees that upon the expiration or sooner termination of this Lease, said air-conditioning unit(s) shall all remain the property of the OWNER and may not be removed by TENANT without the permission of OWNER. In no event may TENANT install any window or thru-wall air-conditioning units or equipment. (B) If the demised premises is now or hereafter served by water-cooled air-conditioning unit(s), TENANT agrees to pay Three Hundred Fifty and 00/100 ($350.00) Dollars per annum for providing cooled air each refrigeration ton allocable to the demised premisespremises (9.45 tons) within thirty (30) days after being billed by OWNER except that if the Lease commences during the period from October 1st through December 31st, through TENANT shall not be obligated to pay said amount for such calendar year. TENANT agrees that it shall maintain, repair and replace (if necessary) the air-conditioning unit(s), whether air-cooled or water-cooled, throughout the term of this Lease and shall have the same serviced immediately prior to April 1 of each calendar year. If TENANT fails to properly maintain and service the air conditioning unit(s) or system which are located in by April 1st of each year, OWNER, without limiting any of its other remedies, may have the demised premises or which Tenant may install, subject to the terms and provisions of this Lease, which shall be air-cooled only. Any air conditioning unit(s) or system installed or to be installed in the demised premises, is and shall be deemed property of Landlord. As of the Commencement Date, the existing air conditioning unit(s) in the demised premises shall be in good working order reasonably sufficient to cool the demised premises and shall be controlled throughout the Term of this Lease exclusively by Tenant. (b) If the air conditioning system in the demised premises uses water, then: Tenant shall pay for the water consumed and the sewage charge in the operation thereof in accordance with the readings of a water meter installed to measure such consumption. Prior to installing any new or additional mechanical air conditioning unit or units in the demised premises, Tenant shall first obtain Landlordsame serviced at TENANT’s written consent. Under penalty of damages and forfeiture, Tenant herein shall not install any mechanical air conditioning plant or individual or collective unit using water unless the unit or units are equipped with a water conserving device, such as evaporative condenser, economizer, water cooling tower, or other similar apparatus. In connection with such air conditioning, Tenant agrees to install at its own sole cost and expense, a water meter which . TENANT shall meter all water used in such air conditioning plant and such water used and sewage charges shall be paid for by Tenant per said meter readings, at the prevailing rate charged by the City of New York, on a timely, current basis. If Tenant has not installed a water meter, Landlord will charge Tenant with its proportion of the water consumption and sewage charges incurred by the Building. (c) Tenant shall change the filters of the air conditioning unit(s) and shall have the unit(s) cleaned on an as needed basis as reasonably determined by Tenant. (d) Tenant shall be responsible for the maintenance and repair of the air conditioning unit(s) or system affecting the demised premises whether ordinary or extraordinary in nature. Tenant shall, during the Term of this Lease, also keep in full force and effect effect, throughout the term of this Lease, a repair and maintenance agreement (including replacement of all parts) full service contract with a company reasonably reputable provider approved by Landlord covering said air conditioning unit(s) or system; OWNER, such approval not to be unreasonably withheld, and, prior to April 1 of each year, furnish to OWNER a current copy of which (including renewals thereof) shall be delivered to Landlord upon LandlordTENANT’s request thereofservice contract together with proof from the service provider that it has been paid in full for the ensuing cooling season. Notwithstanding the foregoing, Landlord OWNER may require TENANT to engage a particular designated service provider, or to pay to OWNER within ten (10) days after demand, from time to time, a pro rata share, as reasonably estimated by OWNER, of OWNER’s cost of carrying a service contract on other units as well as the air-conditioning unit(s) serving the demised premises, so long as the rates charged, in each case, are reasonably competitive with other reputable contractors providing comparable quality services in similar buildings similarly located. OWNER shall have all the rights and remedies to enforce the payment of the amounts due hereunder as it now has under this Lease, or otherwise, for the enforcement of the payment of fixed rent. TENANT acknowledges that it may not replace any water cooled unit with an air-cooled unit, nor install an air-cooled unit, without OWNER’s prior consent, which may be withheld in OWNER’s sole discretion, and that all of said unit(s) and any ductwork and equipment serving same shall be and remain the property of the OWNER. OWNER does not warrant TENANT’s right to continue to use the air-conditioning system if such use be prohibited or restricted by any law, ordinance or governmental regulation, directly or indirectly, and TENANT shall be solely responsible for the costs and expenses for the installation and/or modification of all or any part of such system. (C) Notwithstanding the provisions of subparagraph (B) above, (i) the parties acknowledge that the demised premises is currently served by a common air-conditioning system, and, unless the system is entirely air-cooled, TENANT shall pay the per annum charge set forth in subparagraph (B) above and (ii) unless and until an independent unit is installed, TENANT agrees to pay 63% of the total cost of maintaining, servicing, and repairing the air-conditioning unit(s), but not any repair and/or necessary replacement of the air conditioning unit(s) or system affecting unit unless the demised premises costing in excess of $5,000.00 which is (i) not covered by the terms of Tenant’s maintenance contract, (ii) not necessitated by need therefor results from the negligence or willful misconduct of Tenant, and/or (iii) outside the scope of ordinary repair. (e) Subject to Article 13 of this Lease, Landlord shall have free and unrestricted access to all air conditioning equipment. Landlord reserves the right to interrupt, curtail, stop TENANT or suspend air conditioning when necessary because of accident, repairs, alterations any subtenant or improvements (which in the judgment of Landlord are desirable or necessarylicensee, or to comply with governmental restrictions in the use any of materials TENANT’s or in the use of the air conditioning system or because of difficulty in inability to secure supplies or labor because of strikes or other cause or causes beyond the reasonable control of Landlordtheir respective employees, whether such cause or causes are similar or dissimilar to those hereinbefore mentionedagents, and except as may otherwise be provided for in this Leasecontractors, no diminution or abatement of Rent or other compensation shall or will be claimed by Tenant nor affected or reduced by reason of the interruptions, curtailment, stoppage or suspension of air conditioning, provided that if resumption issubcontactors, or becomes, within Landlord’s reasonable control, Landlord shall use all diligent and reasonable efforts to cause such resumptioninvitees.

Air Conditioning. (a) 35.01 Landlord shall make available to Tenant, and Tenant shall be responsiblepermitted to use, the base Building equipment presently supplying air-conditioning service to the Premises and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this Article. Landlord represents that as of the date hereof the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at its Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Existing HVAC Equipment and/or the Supplemental Systems (collectively hereinafter referred to as the “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. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay for providing cooled air all electricity consumed in the operation of the HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the demised premisesPremises, through if applicable, which shall become the air conditioning unit(s) or system which are located in the demised premises or which obligation of Tenant may install, subject to the terms and provisions of Article 41 of this Lease, which shall be air-cooled only. Any air conditioning unit(s) or system installed or to be installed in the demised premises, is and shall be deemed property of Landlord. As of the Commencement Date, the existing air conditioning unit(s) in the demised premises shall be in good working order reasonably sufficient to cool the demised premises and shall be controlled throughout the Term of this Lease exclusively by Tenant. (b) If the air conditioning system in the demised premises uses water, then: Tenant shall pay for all parts and supplies necessary for the water consumed proper operation of the HVAC System (other than the Existing HVAC Equipment) (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the sewage charge 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 prior written consent, except that Tenant may remove the Existing Supplemental System in the operation thereof in accordance conjunction with the readings Tenant’s installation of a water meter installed to measure such consumption. Prior to installing any new or additional mechanical air conditioning five (5) ton replacement unit or units in as contemplated hereinabove. 35.02 Without limiting the demised premisesgenerality of the foregoing, Tenant shall first obtain Landlord’s written consent. Under penalty of damages and forfeitureshall, Tenant herein shall not install any mechanical air conditioning plant or individual or collective unit using water unless the unit or units are equipped with a water conserving device, such as evaporative condenser, economizer, water cooling tower, or other similar apparatus. In connection with such air conditioning, Tenant agrees to install at its own cost and expense, (a) cause to be performed all maintenance of the HVAC System (other than the Existing HVAC Equipment), 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 the Lease, maintain in force and provide a water meter which shall meter all water used in such copy of same to Landlord an air conditioning plant service repair and full service maintenance contract covering the HVAC System (other than the Existing HVAC Equipment) in form reasonably satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Landlord. All such water used contracts shall provide for the thorough overhauling of the HVAC System (other than the Existing HVAC Equipment) at least once each year during the Term of this Lease and sewage charges shall expressly state that (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 to any Supplemental Systems 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 shall surrender to Landlord any Supplemental Systems 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 of the maintenance or repairs required hereunder, Landlord shall have the right, but not the obligation, to procure such contract and/or perform any such work and charge Tenant as Additional Rent hereunder the cost of same plus an administrative fee equal to five (5%) percent of such cost which shall be paid for by Tenant per said meter readings, at the prevailing rate charged by the City of New York, on a timely, current basis. If Tenant has not installed a water meter, Landlord will charge Tenant with its proportion of the water consumption and sewage charges incurred by the Buildingdemand. (c) 35.03 If and so long as Tenant shall change the filters of the air conditioning unit(s) and shall have the unit(s) cleaned on an as needed basis as reasonably determined by Tenant. (d) Tenant shall be responsible for the maintenance and repair of the air conditioning unit(s) or system affecting the demised premises whether ordinary or extraordinary is not in nature. Tenant shall, during the Term default of this LeaseLease after notice and the expiration of any cure period contained herein then, keep in full force and effect a repair and maintenance agreement (including replacement of all parts) with a company reasonably approved by Landlord covering said air conditioning unit(s) or system; a current copy of which (including renewals thereof) shall be delivered to Landlord upon LandlordTenant’s request thereof. Notwithstanding the foregoingelection, Landlord shall be responsible make available to Tenant up to ten (10) tons of condenser water for use by Tenant in the cost of any repair and/or replacement Premises in connection with the operation by Tenant of the air conditioning unit(sSupplemental Systems (the “Condenser Water”), provided that Tenant elects to have Landlord supply such Condenser Water by notice (“Tenant’s Condenser Water Notice”) or system affecting the demised premises costing in excess of $5,000.00 which is (i) not covered by the terms given to Landlord as part and parcel of Tenant’s maintenance contractInitial Alteration Work as reflected in Tenant’s plans and specifications therefor, (ii) not necessitated by the negligence or willful misconduct of Tenantas defined in Article 8, and/or (iii) outside the scope of ordinary repair. (e) Subject to Article 13 of this Lease, Landlord shall have free and unrestricted access to all air conditioning equipment. Landlord reserves the right to interrupt, curtail, stop or suspend air conditioning when necessary because of accident, repairs, alterations or improvements (which in the judgment of Landlord are desirable or necessaryabove, or no later than the second (2nd) anniversary of the Commencement Date, which Tenant’s Condenser Water Notice shall set forth the tonnage of Condenser Water requested by Tenant. In the event that Tenant shall fail to comply provide Landlord with governmental restrictions Tenant’s Condenser Water Notice in the use of materials a timely manner or in the use of event that Tenant’s Condenser Water Notice shall request, or Tenant shall use, less than the air conditioning system or because of difficulty in inability full ten (10) tons referred to secure supplies or labor because of strikes or other cause or causes beyond above for more than twenty-four (24) consecutive months during the reasonable control of LandlordTerm, whether such cause or causes are similar or dissimilar then Tenant’s access to those hereinbefore mentionedCondenser Water shall be limited to that lesser amount so requested and used by Tenant, and except as may otherwise Tenant’s access to any additional Condenser Water shall be provided for in this Lease, no diminution or abatement of Rent or other compensation shall or will be claimed by Tenant nor affected or reduced by reason of the interruptions, curtailment, stoppage or suspension of air conditioning, provided that if resumption is, or becomes, within Landlord’s reasonable control, Landlord shall use all diligent and reasonable efforts subject to cause such resumptionavailability on a first-come/first-served basis.

Air Conditioning. (a) Tenant shall be responsible, at its sole cost and expense, for providing cooled air 35.01 Subject to the demised premises, through the air conditioning unit(s) or system which are located in the demised premises or which Tenant may install, subject to the terms and provisions of this Lease, which shall be air-cooled only. Any air conditioning unit(s) or system installed or to be installed in the demised premises, is Article and shall be deemed property of Landlord. As of the Commencement Date, the existing air conditioning unit(s) in the demised premises shall be in good working order reasonably sufficient to cool the demised premises and shall be controlled throughout the Term of this Lease exclusively by Tenant. (b) If the air conditioning system in the demised premises uses water, then: Tenant shall pay for the water consumed and the sewage charge in the operation thereof in accordance with the readings of a water meter installed to measure such consumption. Prior to installing any new or additional mechanical air conditioning unit or units in the demised premises, Tenant shall first obtain Landlord’s written consent. Under penalty of damages and forfeiture, Tenant herein shall not install any mechanical air conditioning plant or individual or collective unit using water unless the unit or units are equipped with a water conserving device, such as evaporative condenser, economizer, water cooling tower, or all other similar apparatus. In connection with such air conditioning, Tenant agrees to install at its own cost and expense, a water meter which shall meter all water used in such air conditioning plant and such water used and sewage charges shall be paid for by Tenant per said meter readings, at the prevailing rate charged by the City of New York, on a timely, current basis. If Tenant has not installed a water meter, Landlord will charge Tenant with its proportion of the water consumption and sewage charges incurred by the Building. (c) Tenant shall change the filters of the air conditioning unit(s) and shall have the unit(s) cleaned on an as needed basis as reasonably determined by Tenant. (d) Tenant shall be responsible for the maintenance and repair of the air conditioning unit(s) or system affecting the demised premises whether ordinary or extraordinary in nature. Tenant shall, during the Term of this Lease, keep in full force and effect a repair and maintenance agreement (including replacement of all parts) with a company reasonably approved by Landlord covering said air conditioning unit(s) or system; a current copy of which (including renewals thereof) shall be delivered to Landlord upon Landlord’s request thereof. Notwithstanding the foregoing, Landlord shall be responsible for the cost of any repair and/or replacement of the air conditioning unit(s) or system affecting the demised premises costing in excess of $5,000.00 which is (i) not covered by the terms of Tenant’s maintenance contract, (ii) not necessitated by the negligence or willful misconduct of Tenant, and/or (iii) outside the scope of ordinary repair. (e) Subject to Article 13 applicable provisions of this Lease, Landlord shall have free and unrestricted access supply air-conditioning service to all air the Premises through the Building’s central air-conditioning equipment. facilities (the “Building HVAC System”) during the HVAC Periods pursuant to the specifications annexed hereto as Exhibit F. Landlord reserves the right to interruptsuspend operation of the Building HVAC System at any time that Landlord, curtailin its reasonable judgment, stop deems it necessary to do so for reasons such as accidents, emergencies or suspend air conditioning when necessary because any situation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of accidentBuilding HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements (which in the judgment of Landlord are desirable Premises or necessarythe Building, or to comply with governmental restrictions and Tenant agrees that any such suspension in the use of materials or in the use operation of the air conditioning system Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or because of difficulty in inability be subject to secure supplies or labor because of strikes or other cause or causes beyond the reasonable control of Landlord, whether such cause or causes are similar or dissimilar to those hereinbefore mentioned, and except as may otherwise be provided for in this Lease, no diminution or abatement of Rent or other compensation shall or will be claimed any claim by Tenant nor affected or reduced by reason of the interruptions, curtailment, stoppage or suspension of air conditioningdue to such suspension, provided that Landlord shall use reasonable efforts to restore any such services as promptly as possible. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if resumption is, operation of the Building HVAC System is prevented by strikes or becomes, within 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. Landlord shall be solely responsible (subject to reimbursement pursuant to Article 49 hereof) to repair, maintain and/or replace the Building HVAC System, as and when required. 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 prior to 2:00 p.m. on Business Days preceding weekends and the aforementioned 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 HVAC Period air-conditioning service at Landlord’s then-established rates (which current rate as of the date hereof is $350.17 per hour (plus a 5% surcharge for electricity)) therefor; provided, that there shall be a minimum charge of four (4) hours for any time period of additional service that neither immediately precedes nor immediately follows Business Hours. 35.03 On the Commencement Date, Landlord shall deliver to Tenant, in their “as is” condition, the three (3) supplemental air-conditioning units existing in the Premises as of the date hereof (the “Supplemental Units”). Tenant shall be solely responsible, at Tenant’s sole cost and expense, to maintain, repair and replace such Supplemental Units and Landlord shall have no responsibility in connection with same. In connection with Tenant’s use and operation of the Supplemental Units, commencing on the Commencement Date, Landlord shall make available to Tenant 103/4 tons of condenser water (“Supplemental Condenser Water”) in connection with the operation by Tenant of the Supplemental Units. Subject to any provision of this Lease relating to stoppage of services and Landlord’s inability to perform, Landlord shall supply Supplemental Condenser Water to the Premises on a twenty-four (24) hour, 365 day basis. Commencing as of the Commencement Date, Tenant shall pay to Landlord an annual charge of $344.35 per ton of Supplemental Condenser Water (the “Annual Condenser Water Charge”), plus sales tax, if applicable, subject to increase as provided for herein. Except as otherwise provided for herein, all diligent sums payable under this Article 35 shall be deemed to be Additional Rent and reasonable efforts to cause paid by Tenant within thirty (30) days after the issuance of a statement therefor. The Annual Condenser Water Charge shall be adjusted on January 1, 2013 and on each January 1st of each subsequent year during the Term by the percentage change in the Consumer Price Index for such resumptionJanuary over the Consumer Price Index for January, 2012. The term “Consumer Price Index” as used herein shall mean, The Consumer Price Index, All Items - New York Metropolitan Area, base year 1984 = 100, as issued by the Bureau of Labor Statistics of the United States Department of Labor, or any successor index thereto.

Air Conditioning. (a) Tenant Supplementing the provisions of Article 9 hereof, Landlord shall be responsible, at its sole cost and expense, for providing cooled provide air conditioning to the demised premisesPremises, through the presently existing equipment and facilities servicing the Premises, from May 15th to October 15th in each year during the term of the Lease. Monday through Friday from 8 a.m. to 6 p.m., and on Saturdays from 8:00 am to 12:00 Noon (after hours air conditioning unit(s) or system which are located to be furnished, after reasonable advance request by Tenant in the demised premises or which writing, at Landlord's then standard building rates for same). Tenant may installshall reimburse Landlord, subject to the terms and provisions in accordance with Article 40 of this Lease, which shall be air-cooled only. Any for electricity consumed by such equipment and facilities in providing air conditioning unit(s) or system installed or to be installed in the demised premises, is Premises. Tenant acknowledges and shall be deemed property of Landlord. As of the Commencement Date, the existing air conditioning unit(s) in the demised premises shall be in good working order reasonably sufficient to cool the demised premises and shall be controlled throughout the Term of this Lease exclusively by Tenant. (b) If agrees that the air conditioning system in equipment and facilities servicing the demised premises uses waterPremises are Landlord's property, then: Tenant shall pay for the water consumed and the sewage charge in the operation thereof in accordance with the readings of a water meter installed to measure such consumption. Prior to installing any new or additional mechanical air conditioning unit or units in the demised premiseshowever, Tenant shall first obtain Landlord’s written consent. Under penalty keep, maintain and repair such equipment and all of damages the facilities including, without limitation, the ducts, dampers, registers, grilles and forfeitureappurtenances utilized in connection therewith: In connection therewith, Tenant herein shall not install any mechanical at all times during the term hereof contract for and maintain regular service of said air conditioning plant or individual or collective unit using water unless equipment and related facilities through an independent, licensed, professional third-party maintenance company approved by Landlord and shall, within (30) days of the unit or units are equipped with commencement of the term of this Lease, forward to Landlord a water conserving device, fully executed original copy of such as evaporative condenser, economizer, water cooling tower, or other similar apparatuscontract. In connection with such air conditioning, Tenant agrees shall also forward to install at its own cost and expense, a water meter which shall meter all water used in such air conditioning plant and such water used and sewage charges shall be paid for by Tenant per said meter readings, at the prevailing rate charged Landlord within thirty (30) days of their execution by the City of New York, on a timely, current basisparties thereto any and all renewals and modifications thereof. If Tenant has not installed a water meter, Landlord will charge Tenant with its proportion of Said contract shall include the water consumption and sewage charges incurred by the Building. (c) Tenant shall change the filters thorough overhauling of the air conditioning unit(s) systems and shall have facilities servicing the unit(s) cleaned on an as needed basis as reasonably determined Premises at least once each year during the term of this Lease. Any restoration or replacement by Tenant. (d) Tenant of all or any part of the air conditioning equipment shall be responsible for in quality and class equal to the original work or installations. In the event that Tenant fails to perform the aforementioned maintenance and repair of the existing air conditioning unit(sequipment and facilities servicing the Premises or fails to enter into and maintain the referenced service contract Landlord may following twenty (20) days' written notice to Tenant and Tenant's failure to cure such non-performance, at Tenant's sole cost and expense payable by Tenant upon demand as additional rent hereunder, perform any necessary maintenance or system affecting enter into such service contract for the demised premises whether ordinary or extraordinary in naturePremises. Provided that Tenant shall, during performs the Term referenced maintenance and repair of this Lease, keep in full force and effect a repair and maintenance agreement (including replacement of all parts) with a company reasonably approved by Landlord covering said the existing air conditioning unit(s) or system; a current copy of which (including renewals thereof) shall be delivered to Landlord upon Landlord’s request thereof. Notwithstanding equipment and enters into the foregoingabove-referenced service contract, Landlord shall be responsible for the cost replacement, as necessary, of any repair and/or replacement major components of the air conditioning unit(s) or system affecting mechanical equipment (e.g., without limitation, the demised premises costing in excess of $5,000.00 which is (i) not covered by the terms of Tenant’s maintenance contractcompressor and pumps), (ii) provided that any such replacement are not necessitated by the negligence or willful misconduct of Tenant, its employees, representatives, servants or invitees, in which event Tenant shall be solely responsible for the cost of same. If supplementary air conditioning equipment and/or facilities are required to accommodate Tenant's special usage areas (iii) outside e.g., without limitation computer rooms, conference rooms, cafeteria/lunchrooms or any special usage which subjects a portion or the scope entire Premises to a high density of ordinary repair. (e) Subject office personnel and/or heat generating machinery or appliances), it shall be Tenant's responsibility to Article 13 furnish, install, maintain, repair and operate, subject to Landlord's written approval, which approval shall not be unreasonably withheld, any necessary supplementary air conditioning equipment and/or facilities at its sole cost and expense. Landlord reserve the right to suspend the operation of this Lease, Landlord shall have free and unrestricted access to all air conditioning equipment. Landlord reserves the right to interruptequipment and facilities at any time that Landlord, curtailin its sole judgment, stop or suspend air conditioning when necessary because of accidentdeems it necessary, including without limitation, accidents, emergencies, repairs, alterations alterations, or improvements (which in the judgment of Landlord are desirable Premises or necessary, or to comply with governmental restrictions the Building. Tenant agrees that any such suspension in the use of materials or in the use operation of the air conditioning system equipment and/or facilities may continue until such time as the basis for such suspension has been remedied and that Landlord shall not be responsible or because of difficulty in inability liable to secure supplies or labor because of strikes or other cause or causes beyond the reasonable control of Landlord, whether such cause or causes are similar or dissimilar to those hereinbefore mentioned, and except as may otherwise be provided Tenant for in this Lease, no diminution or abatement of Rent or other compensation shall or will be claimed any damages suffered by Tenant nor affected in connection therewith subject to the terms of this Lease and unless resulting from Landlord's negligence or reduced willful misconduct. Tenant further agrees that Landlord shall not be responsible or liable for any damages suffered by reason Tenant if operation of the interruptionsair conditioning equipment and/or facilities is prevented by labor unrest, curtailmentstrikes, stoppage shortages or suspension of air conditioning, provided that if resumption is, accidents or becomes, within any cause beyond Landlord’s 's reasonable control, Landlord shall use all diligent and reasonable efforts to cause such resumption.or by the orders or regulations of any Federal, State, County or local authority or by failure of the equipment and/or facilities or electrical current, steam and/or water or other necessary power source. CHANGES AND ALTERATIONS