Condenser Water. From and after the date that Subtenant first occupies the Premises for the conduct of Subtenant’s business and during the Term, Subtenant shall be entitled to, and Sublandlord shall arrange with Prime Lessor, for the furnishing to Subtenant on a 24 hour per day basis each day of the year up to an aggregate of 50 tons of pumped condenser water to the Premises for supplemental HVAC system(s) servicing the Premises. Subtenant shall notify Sublandlord, no later than July 31, 2018, of the amount of condenser water required by Subtenant, and Subtenant shall pay, regardless of actual usage, as Additional Rent, for such condenser water, at the rate therefor charged from time to time by Prime Lessor to Sublandlord, which amounts shall be payable within twenty (20) days after rendition of a xxxx therefor. 22 28. Renewal Rights. Not less than thirty (30) months prior to the expiration of the Term, time being of the essence, Subtenant shall have the option to provide Sublandlord with a written notice (which notice shall be irrevocable) exercising its option to extend the initial Term of this Sublease, for a term to be coterminous with the First Renewal Option (as defined in the Lease) (the “Initial Renewal Right”); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. Subtenant shall exercise its Initial Renewal Right and Five Year Renewal Right (as hereinafter defined), if applicable (collectively, the “Renewal Right”), if at all, for all of the Premises (“Renewal Premises”). Such Initial Renewal Right is contingent on Sublandlord’s exercise of its First Renewal Option and such Five Year Renewal Right is contingent on Sublandlord’s exercise of its Second Five Year Renewal Option (as defined in the Lease), if applicable, in each case, under Article 9 of the Lease. Provided that Subtenant has timely exercised the applicable Renewal Right and Subtenant is not in default of this Sublease, beyond any applicable grace, notice and cure period, Sublandlord agrees that it shall not exercise its First Renewal Option and Second Five Year Renewal Option, if applicable, under Article 9 of the Lease with respect to less than all of the Premises, unless its First Renewal Option and Second Five Year Renewal Option, if applicable, affect none of the Premises. Simultaneously with providing notice to Prime Lessor (I) under Article 9 of the Lease exercising Sublandlord’s First Renewal Option or Second Five Year Renewal ...
Condenser Water. Subject to Section 5D hereof, Subtenant shall pay for condenser water on a direct pass-through basis from Prime Landlord as set forth in Prime Lease within twenty (20) days after receipt of an invoice therefore. If additional condenser water is required by Subtenant, Sublandlord shall assist and cooperate with Subtenant, at no cost or expense to Sublandlord, in obtaining such additional condenser water from Prime Landlord.
Condenser Water. Tenant shall pay to Landlord, on a straight pass-through basis without any profit or markup, the amounts charged by Overlandlord to Landlord for the condenser water used by the Additional AC Unit at the rates charged to Landlord by Overlandlord pursuant to the Xxxxxxxxx for condenser water consumed, together with any costs incurred by Landlord in connection with the maintenance, repair or necessary replacement of any meters currently serving the Premises. Landlord and Tenant agree that if at any time during the Term, Overlandlord is furnishing more than 100 tons of condenser water for supplemental air conditioning for the Xxxxxxxxx Premises pursuant to Article 17 of the Xxxxxxxxx (including amounts supplied to the Premises), then Tenant shall be responsible for the amounts charged by Overlandlord for such condenser water to the extent the aggregate condenser water supplied to Xxxxxxxxx Premises for supplemental air conditioning (including amounts supplied to the Premises and regardless of when the condenser water was first requested by Landlord or Tenant) exceeds 100 tons but not in excess of the number of tons of condenser water supplied to the Premises for the Additional AC Unit.
Condenser Water. If Tenant (or Landlord, as part of Landlord Work) shall install a supplemental or auxiliary HVAC system in the Premises, Landlord shall provide two (2) tons of condenser water to the Premises for the supplemental air conditioning needs of Tenant in the Premises at the initial rate of $750.00 per ton per annum, regardless of actual use. Such rate shall be increased annually on January 1st of each year during the Term to reflect Landlord’s actual increase in cost to provide condenser water by the percentage of increase in the Consumer Price Index for such January over the Consumer Price Index in effect during January of the prior year. The aforementioned initial rate shall be in effect for calendar year in which the Commencement Date occurs.
Condenser Water. (A) Landlord approves, in principle, subject to Tenant’s compliance with all applicable provisions of the Lease, Tenant’s installation of a water-cooled supplemental air conditioning system and additional supplemental air conditioning units, from time to time, reasonably acceptable to Landlord (collectively, the “Supplemental System”) and located solely in the 9th Floor Premises with a combined air conditioning capacity of not more than two hundred seventy (270) tons. Tenant will retain a contractor reasonably approved by Landlord (“Contractor”) to construct the Supplemental System and to connect it to the Building’s condenser water riser (in one or more stages) in accordance with plans approved by Landlord and will pay the Contractor directly for the cost thereof. There shall be no tap-in charge, but Tenant shall pay to Landlord, upon execution of the contract(s) with the Contractor, an administrative and supervisory fee equal to five (5%) percent of the amount payable to the Contractor for its work in connection with the Supplemental System. Subject to all applicable provisions of the Lease (including specifically, but without limitation, Article 27), Landlord agrees to reserve for Tenant’s use the condenser water necessary to operate the Supplemental System.
Condenser Water. Landlord shall provide condenser water in connection with Tenant's independent supplemental air-conditioning units, which shall not exceed 10 tons in the aggregate and which shall be installed in accordance with the provisions of Article 5 hereof. Tenant shall pay Landlord an annual charge for such condenser water at Landlord's then established rate for condenser water, which charge shall be payable in equal monthly installments together with Tenant's payment of Fixed Rent and shall be payable whether or not Tenant utilizes such amount of condenser water. If Tenant fails to utilize any quantity of condenser water for one year or more, Landlord shall have the right upon notice to Tenant to irrevocably reduce the number of tons of condenser water to which Tenant is entitled hereunder by the number of such unutilized tons (unless Tenant notifies Landlord within ten days after Tenant's receipt of such notice from Landlord that it anticipates utilizing a portion or all of such unutilized tons of condenser water, in which case Landlord shall only have the right to reduce the number of tons of condenser water to which Tenant is then entitled by such number as Tenant does not anticipate utilizing, provided, however, that Landlord shall have the right upon further notice to Tenant to reduce the number of tons of condenser water to which Tenant is then entitled by any number of tons of condenser water that Tenant has reserved in its notice to Landlord if Tenant fails to utilize any such reserved tons or otherwise fails to demonstrate that it has increased the size of its supplemental air conditioning system within 180 days after prior to the expiration of the cooling season (i.e., May 1 to September 30) next following Tenant's receipt of the first notice from Landlord), in which case Landlord shall only charge Tenant for such lower number of tons of condenser water. In addition to the foregoing charges there shall be a one-time "tap-in" fee equal to $1,500 per ton of unit capacity, payable within fifteen (15) days after rendition of a xxxx therefor. Landlord shall not be liable to Tenant for any failure or defect in the supply or character of condenser water supplied to Tenant by reason of any Requirement, act or omission of the public service company serving the Building or for any other reason not attributable to the negligence or willful misconduct of Landlord, its agents, contractors and employees.
Condenser Water. To furnish condenser water and a condenser water connection to the heat pump and related equipment currently installed by Tenant in the Premises. Tenant shall pay to Landlord the “Condenser Water Charge.” The “Condenser Water Charge” is currently $650.00 per ton per annum and is subject to increase by Landlord from time to time.
Condenser Water. Tenant shall pay Landlord, as Additional Rent, Landlord’s standard charge for supplying condenser water for use at the Premises. As of the date of this Lease, Landlord’s standard charge for condenser water is $18.00 per ton per month, which charge is subject to increase as Landlord’s costs in supplying condenser water increases.
Condenser Water. Landlord shall provide condenser water on a 24 x 7 365 days per year uninterruptible basis in accordance with the following specifications set forth as follows no lower than 42 degrees Fahrenheit in winter and no higher than 85 degrees in summer. A maximum temperature delta of 15 degrees Fahrenheit and a minimum differential pressure of 20 psig will be maintained across the supply and return building risers valve outlets. XXXXXXX X-0 Calculation of Tenant’s Chilled Water Payment Rate EXAMPLE Rate 2004 Water Consumption (A ) $ 0.0256 $ 0.0256 Electric Consumption (B ) $ 0.1029 Ton Hour Cost = (A)+(B) (C ) $ 0.1285 x (1-Connected Load Tonnage Diversity Factor of .75 0.25 0.25 = Charge Pert Ton Hour $ 0.0000 $ 0.0321
Condenser Water. Sublessee shall be entitled to use, in connection with its use and occupancy of the Sublet Premises, 12.5 tons of the condenser water provided by Underlying Landlord pursuant to Section 11.7 of the Underlying Lease. In addition, in the event Underlying Landlord agrees, pursuant to an amendment to the Underlying Lease or otherwise, to provide additional condenser water to the Sublet Premises, then Sublessee shall be entitled to use such additional condenser water provided to the Subleased Premises (which Sublessee anticipates to be in an amount equal to approximately 60 additional tons), provided however, that any costs associated with the Underlying Landlord's making additional condenser water available to the Sublet Premises, including the costs associated with amending the Underlying Lease and obtaining Underlying Landlord's consent thereto, shall be deemed Additional Rent under the Sublease. In the event Underlying Landlord and/or Sublessee determine it is in the best interest of the parties to amend the Underlying Lease and/or this Sublease to reflect the new terms relating to condenser water, then Sublessor shall reasonably cooperate with Underlying Landlord and/or Sublessee, at no expense to Underlying Landlord or Sublessee, to execute such amendments so long as the requested amendments do not increase Sublessor's liability or obligations under the Underlying Lease, or the liabilities or obligation of Sublessor or Goldentree Asset Management L.P. under the sublease between those parties.
