Common use of Condenser Water Clause in Contracts

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 Option, if applicable, or (II) affirmatively waiving Sublandlord’s right to exercise the First Renewal Option or Second Five Year Renewal Option, if applicable, Sublandlord shall provide a copy of any such notice to Subtenant. If Sublandlord duly exercises its First Renewal Option with respect to the First Five Year Renewal Term, then, not less than thirty (30) months prior to the expiration of the First Five Year Renewal 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 (“Five Year Renewal Right”) to further extend the Term of this Sublease for the Second Five Year Renewal Term (as defined in the Lease); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. If Subtenant has duly exercised its Initial Renewal Right, Subtenant shall be deemed to have renewed this Sublease for the same period of time as to which Sublandlord has exercised its First Renewal Option under Article 9

Condenser Water. From and after Tenant shall have the date that Subtenant first occupies right to tap a point of connection to the Premises existing condenser water pipes of the Building to obtain up to fifty (50) tons of condenser water for the conduct any water cooled Supplemental A/C Units which may be installed by Tenant as part of Subtenant’s business and during the TermTenant Alterations, Subtenant shall be entitled including, but not limited to, the Initial Work and, subject to compliance with the provisions of this Lease and Sublandlord at Tenant's sole cost and expense, the right to connect all necessary piping and valves from the Demised Premises to that point of connection, so that Tenant may obtain condenser water 24 hours a day, seven (7) days a week, three hundred sixty-five (365) days per year, and Landlord shall arrange provide same in accordance with Prime Lessorthis Lease. Notwithstanding the foregoing, for Landlord reserves the furnishing right without any liability to Subtenant on a 24 hour per day basis each day of the year up Tenant whatsoever, to an aggregate of 50 tons of pumped stop providing condenser water to Tenant when necessary by reason of accident or emergency or for repairs, alterations, replacements or improvements in or to the Premises for supplemental HVAC system(s) servicing the Premises. Subtenant Building, and any failure by Landlord to furnish or distribute any such condenser water shall notify Sublandlordnot constitute an actual or constructive eviction, no later than July 31in whole or in part, 2018or entitle Tenant to any abatement or diminution of any Fixed Annual Rent or Additional Rent hereunder, relieve Tenant from any of the amount its obligations under this Lease, or impose any liability upon Landlord or its agents by reason of inconvenience or annoyance, injury to or interruption of Tenant's business or otherwise, however, Landlord shall use commercially reasonable efforts to complete such repairs and resume provision of condenser water required with due diligence. As a condition precedent to any such installation by SubtenantTenant of a Supplemental A/C Unit, and Subtenant Tenant shall pay, regardless of actual usagepay to Landlord, as Additional Rent, a one time "tap-in" fee per Supplemental A/C Unit of Two Thousand Five Hundred Dollars ($2,500.00) within thirty (30) days of rendition of a xxxx therefore, provided, however, Landlord agrees to waive the “tap-in” fee with respect to each Supplemental A/C Unit Tenant installs in connection with the Initial Work. Tenant shall also pay Landlord for such the supply of condenser water, at the rate therefor charged from time to time by Prime Lessor to Sublandlordas Additional Rent, which amounts shall be payable within twenty thirty (2030) days after rendition of a xxxx therefortherefore, an annual charge of Two Hundred Fifty Dollars ($250.00) per ton of cooling capacity of the system so connected by Tenant. 22 28Such annual charge shall be increased on each anniversary of the Commencement Date so that it equals (i) Two Hundred Fifty Dollars ($250.00) plus (ii) Two Hundred Fifty Dollars ($250.00) multiplied by the percentage increase, if any, in the Consumer Price Index in effect on the first day of January during such anniversary year, over that in effect on July 1, 2014. Renewal RightsAs used herein, the term "Consumer Price Index" shall mean the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the United States Department of Labor, New York, New York - Northeastern New Jersey Area, All Items (1982-84=100), or any successor index thereto, appropriately adjusted. Not less than thirty (30) months prior In the event that the Consumer Price Index is converted to a different standard reference base or otherwise revised, the determination of adjustments provided for herein shall be made with the use of such conversion factor, formula or table for converting the Consumer Price Index as may be published by the Bureau of Labor Statistics or, if said Bureau shall not publish the same, then with the use of such conversion factor, formula or table as may be published by Xxxxxxxx-Xxxx, Inc., or any other nationally recognized publisher of similar statistical information. If the Consumer Price Index ceases to be published, and there is no successor thereto, such other index as Landlord and Tenant shall agree upon in writing shall be substituted for the Consumer Price Index. If Landlord and Tenant are unable to agree as to such substituted index, such matter shall be submitted to the expiration of American Arbitration Association or any successor organization for determination in accordance with the Termregulations and procedures thereof then obtaining for commercial arbitration. Notwithstanding anything to the contrary contained in this Lease, time being of the essence, Subtenant Landlord shall have the option not be responsible to provide Sublandlord Tenant 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 Option, if applicable, or (II) affirmatively waiving Sublandlord’s right to exercise the First Renewal Option or Second Five Year Renewal Option, if applicable, Sublandlord shall provide a copy of any such notice to Subtenant. If Sublandlord duly exercises its First Renewal Option with respect to the First Five Year Renewal Term, then, not less than thirty (30) months prior to the expiration of the First Five Year Renewal 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 (“Five Year Renewal Right”) to further extend the Term of this Sublease hot water for the Second Five Year Renewal Term (as defined in the Lease); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. If Subtenant has duly exercised its Initial Renewal Right, Subtenant shall be deemed to have renewed this Sublease for the same period of time as to which Sublandlord has exercised its First Renewal Option under Article 9Demised Premises.

Condenser Water. From Landlord shall provide condenser water in connection with Tenant's independent supplemental air-conditioning units, which shall not exceed 80 tons in the aggregate, of which Tenant may utilize up to 15 tons in the aggregate from 8:00 a.m. to 6:00 p.m. and of which Tenant may utilize up to 80 tons in the aggregate from 6:00 p.m. to 8:00 a.m., 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 is, on the date of this Lease, $550 per ton 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, provided Tenant shall have the right at any time after the date that Subtenant first occupies of this Lease to irrevocably reduce the Premises for number of tons of condenser water to which Tenant is entitled pursuant to this Section (which is 80 tons on the conduct date hereof) by giving notice of Subtenant’s business and during such reduction to Landlord, whereupon the Term, Subtenant number of tons to which Tenant shall be entitled to, and Sublandlord pursuant to the first sentence of this Section shall arrange with Prime Lessor, for the furnishing to Subtenant on a 24 hour per day basis each day be reduced as of the year up to an aggregate of 50 tons of pumped condenser water date Landlord shall receive such notice to the Premises for supplemental HVAC system(s) servicing lower number of tons specified in such notice. Tenant shall have no liability to pay the Premises. Subtenant shall notify Sublandlord, no later than July 31, 2018, annual charge referred to above in respect of the amount number of tons of condenser water required given up by SubtenantTenant in accordance with the preceding proviso. Such charge may be increased by Landlord on each anniversary of the Commencement Date so that it equals (a) the prior year's charge plus (b) the prior year's charge multiplied by the percentage increase, and Subtenant if any, in the Consumer Price Index in effect on such anniversary of the Commencement Date from that in effect on the immediately preceding anniversary of the Commencement Date (or the Commencement Date in the case of the one-year anniversary of the Commencement Date), provided, however, that in no event shall pay, regardless of actual usagesuch annual charge, as Additional Rentincreased, exceed Landlord's established rate for such condenser water, at the rate therefor charged water from time to time in effect. 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 Prime Lessor 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 Sublandlordreduce 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 amounts 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 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 twenty fifteen (2015) days after rendition of a xxxx therefor. 22 28. Renewal Rights. Not less than thirty (30) months prior 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 expiration negligence or willful misconduct of the TermLandlord, time being of the essenceits agents, 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 contractors 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 Option, if applicable, or (II) affirmatively waiving Sublandlord’s right to exercise the First Renewal Option or Second Five Year Renewal Option, if applicable, Sublandlord shall provide a copy of any such notice to Subtenant. If Sublandlord duly exercises its First Renewal Option with respect to the First Five Year Renewal Term, then, not less than thirty (30) months prior to the expiration of the First Five Year Renewal 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 (“Five Year Renewal Right”) to further extend the Term of this Sublease for the Second Five Year Renewal Term (as defined in the Lease); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. If Subtenant has duly exercised its Initial Renewal Right, Subtenant shall be deemed to have renewed this Sublease for the same period of time as to which Sublandlord has exercised its First Renewal Option under Article 9employees.

Condenser Water. From (A) Subject to the terms of Article 10 hereof and this Section 4.7, Tenant, at Tenant’s expense, may tap into the applicable Building System to obtain condenser water for a supplemental air-conditioning system that Landlord installs, at Tenant’s cost, part of Landlord’s Premises Work in accordance with the provisions of Section 6.2 hereof or that Tenant otherwise installs at Tenant’s cost as part of an Alteration in accordance with the provisions of Article 7 hereof. Any such supplemental air-conditioning system so installed shall not have a capacity of more than fifty (50) tons. Tenant’s rights to use such condenser water capacity under this Section 4.7 shall lapse to the extent that Tenant does not use all or any portion of such aforesaid condenser water capacity that Landlord has made available to Tenant for a supplemental air conditioning system that Landlord installs as part of Landlord’s Work or for a supplemental air conditioning system that Tenant installs as part of an Alteration as aforesaid within two (2) years after the Commencement Date, unless Landlord thereafter determines, in Landlord’s reasonable discretion, that same is available for Tenant’s use. Any installations that are required to connect Tenant’s supplemental air-conditioning system to the condenser water pipes shall be made by Landlord (based on the Final Plans approved by Landlord as contemplated by Section 6.2 hereof). Tenant shall pay to Landlord, as additional rent, an annual charge in the amount of Three Hundred Fifty Dollars and No Cents ($350.00) per ton of capacity of the system so connected (which amount per ton shall be increased on each anniversary of the Commencement Date to reflect the percentage increase, if any, in the Consumer Price Index from the Consumer Price Index that is in effect on the Commencement Date). Tenant shall pay such amounts to Landlord on or prior to the thirtieth (30th) day 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 Landlord gives to Subtenant on a 24 hour per day basis each day of the year up to Tenant 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 invoice 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 Option, if applicable, or (II) affirmatively waiving Sublandlord’s right to exercise the First Renewal Option or Second Five Year Renewal Option, if applicable, Sublandlord shall provide a copy of any such notice to Subtenant. If Sublandlord duly exercises its First Renewal Option with respect to the First Five Year Renewal Term, then, not less than thirty (30) months prior to the expiration of the First Five Year Renewal 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 (“Five Year Renewal Right”) to further extend the Term of this Sublease for the Second Five Year Renewal Term (as defined in the Lease); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. If Subtenant has duly exercised its Initial Renewal Right, Subtenant shall be deemed to have renewed this Sublease for the same period of time as to which Sublandlord has exercised its First Renewal Option under Article 9time.

Condenser Water. From Tenant, at Tenant’s sole cost and after expense, may tap into the date that Subtenant first occupies condenser water pipes of the Building to obtain condenser water for its HVAC System through valved outlets to the Premises for at the conduct of Subtenant’s business and during the Term, Subtenant locations designated by Landlord (it being agreed that such valved outlets shall be entitled todeemed to be a portion of the Building Systems). Subject to the terms of this Section 5.3, Tenant shall have the right to access the Building’s condenser water system for purposes of pumping (at Tenant’s sole cost and Sublandlord expense) condenser water to Tenant’s HVAC system, at such times and in such quantities as Tenant shall arrange with Prime Lessorrequest (subject, however, to the permitted capacity of such system). Any installations required to connect Tenant’s HVAC system to the condenser water pipes shall be made by Tenant and shall constitute an Alteration. Tenant shall pay Landlord, from time to time, for the furnishing to Subtenant on a 24 hour per day basis each day supply 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 thirty (2030) days after rendition of a xxxx bxxx therefor. 22 28. Renewal Rights. Not less than thirty (30) months prior , an annual charge equal to the expiration sum of (x) one hundred five percent (105%) of Landlord’s actual cost to obtain (from the Condominium Board or otherwise) or reasonable actual cost to produce such condenser water as is used by Tenant and which cost is customarily charged to other retail tenants in the Building using the same system and (y) an amount equal to any tax imposed by any Governmental Authority on the amount set forth in clause (x) of this sentence. Tenant’s use of condenser water shall not exceed eight (8) tons of condenser water, and, upon Tenant’s payment to Landlord of the Termfee described in this Section 5.3, time being and subject to the express provisions of this Lease(including, without limitation, Landlord’s maintenance and repair requirements), Landlord shall make such condenser water available to Tenant during the essenceTerm on a 24 hours per day, Subtenant seven days per week basis, based on the Building’s heating and cooling seasons, provided that Tenant shall have install and use its own VFD pumps to utilize such condenser water for Tenant’s HVAC system. Tenant expressly acknowledges that the option to provide Sublandlord with Building condenser water pumps and fans may not be operating on a written notice (which notice 24 hours per day, seven days per week basis and that Tenant’s HVAC System, shall be irrevocable) exercising its option to extend designed and operated based on 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 Option, if applicable, or (II) affirmatively waiving Sublandlord’s right to exercise the First Renewal Option or Second Five Year Renewal Option, if applicable, Sublandlord shall provide a copy of any such notice to Subtenant. If Sublandlord duly exercises its First Renewal Option with respect to the First Five Year Renewal Term, then, not less than thirty (30) months prior to the expiration of the First Five Year Renewal 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 (“Five Year Renewal Right”) to further extend the Term of this Sublease for the Second Five Year Renewal Term (as defined in the Lease); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. If Subtenant has duly exercised its Initial Renewal Right, Subtenant shall be deemed to have renewed this Sublease for the same period of time as to which Sublandlord has exercised its First Renewal Option under Article 9foregoing acknowledgment.

Condenser Water. From 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 after 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 is, on the date that Subtenant first occupies the Premises for the conduct of Subtenant’s business this Lease, $250 per ton and during the Term, Subtenant which charge shall be entitled topayable 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 two years or more, and Sublandlord Landlord shall arrange with Prime Lessor, for have the furnishing right upon notice to Subtenant on a 24 hour per day basis each day Tenant to irrevocably reduce the number of the year up to an aggregate of 50 tons of pumped condenser water to which Tenant is entitled hereunder by the Premises for supplemental HVAC system(s) servicing 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 Premises. Subtenant shall notify Sublandlord, no later than July 31, 2018, right to reduce the number of the amount tons of condenser water required to which Tenant is then entitled by Subtenantsuch number as Tenant does not anticipate utilizing), and Subtenant provided, however, that Landlord shall payhave 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 prior to the expiration of the cooling season (i.e., regardless May 1 to September 30) next following Tenant's receipt of actual usagethe first notice from Landlord), as Additional Rent, in which case Landlord shall only charge Tenant for such lower number of tons of condenser water, at . In addition to the rate therefor charged from time to time by Prime Lessor to Sublandlord, which amounts foregoing charges there shall be a one-time "tap-in" fee equal to $1,500 per ton of unit capacity, payable within twenty (20) 20 days after rendition of a xxxx therefor. 22 28. Renewal Rights. Not less than thirty (30) months prior 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 expiration negligence or willful misconduct of the TermLandlord, time being of the essenceits agents, 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 contractors 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 Option, if applicable, or (II) affirmatively waiving Sublandlord’s right to exercise the First Renewal Option or Second Five Year Renewal Option, if applicable, Sublandlord shall provide a copy of any such notice to Subtenant. If Sublandlord duly exercises its First Renewal Option with respect to the First Five Year Renewal Term, then, not less than thirty (30) months prior to the expiration of the First Five Year Renewal 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 (“Five Year Renewal Right”) to further extend the Term of this Sublease for the Second Five Year Renewal Term (as defined in the Lease); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. If Subtenant has duly exercised its Initial Renewal Right, Subtenant shall be deemed to have renewed this Sublease for the same period of time as to which Sublandlord has exercised its First Renewal Option under Article 9employees.

Condenser Water. From Tenant shall, at its cost and after expense, be permitted to install independent supplemental water-cooled air conditioning units (“Tenant’s Supplemental Units”) in Tenant’s equipment rooms, subject to the provisions of Article 5 including, without limitation, the requirement to obtain Landlord’s prior approval thereto, which approval shall not be unreasonably withheld. Landlord shall provide up to ten (10) tons of condenser water for each full floor then comprising the Premises (except that in respect of the 10th floor only, Landlord shall provide up to fifteen (15) tons of condenser water) (“Condenser Capacity”) to a wet column in the Premises in connection with Tenant’s Supplemental Units (24 hours per day, 7 days per week, and 365 days per year). Tenant can reasonably allocate such condenser water among the floors of the Premises. Tenant shall pay Landlord an annual charge for such condenser water throughout the term of this Lease, which charge is $450.00 per ton of the Condenser Capacity, payable in annual installments, and shall be payable whether or not Tenant utilizes such amount of condenser water. In addition, Tenant shall connect Tenant’s Supplemental Units to Tenant’s electric submeters and pay for electric consumption therefor in accordance with Section 10.1 above. Notwithstanding the foregoing to the contrary, Tenant shall have the right to reduce or increase the number of tons of condenser water which it desires by providing Landlord with written notice of such reduced or increased amount no later than the date that Subtenant first occupies is twenty (24) months immediately following the date of this Lease; such increase shall be subject to availability, in Landlord’s sole judgment. After that deadline, Landlord shall nevertheless reasonably endeavor to accommodate any such request by Tenant, subject however to capacity constraints and reasonable reservations for the remainder of the Building. Notwithstanding anything to the contrary contained herein, all condenser valved and capped outlets on each floor of the Premises for the conduct of Subtenant’s business and during the Term, Subtenant Supplemental Units shall be entitled toinstalled by Tenant (subject to compliance with all applicable terms of this Lease), and Sublandlord at Tenant’s sole cost. Tenant shall arrange with Prime Lessorhave the right, for at Tenant’s expense, to redistribute the furnishing aggregate amount of condenser water provided to Subtenant on a 24 hour per day basis each day it hereunder within the Premises in Tenant’s discretion, except to the extent that such redistribution would cause damage to or overloading of the year Building Systems as reasonably determined by Landlord. In the event Tenant requests condenser water in amounts which are in excess of the amounts reserved above, Landlord shall use reasonable efforts to provide such excess amount, up to an aggregate of 50 tons of pumped additional 10 tons, subject to availability as reasonably determined by Landlord, provided that Tenant shall pay all costs related to providing such excess condenser water (including, without limitation, all costs related to installing equipment required to deliver such water to the Premises and Landlord’s then Building standard charge for supplemental HVAC system(s) servicing such water). If, after the Premises. Subtenant shall notify Sublandlord, no later than July 31, 2018, first anniversary of the amount Expansion Premises Commencement Date (or at such earlier date, at Tenant’s sole option), Tenant fails to utilize any quantity of condenser water required by Subtenantfor 180 days or more in a one year period, 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 Landlord shall have the option right upon notice to provide Sublandlord with a written notice (Tenant to irrevocably reduce the number of tons of condenser water to which notice shall be irrevocable) exercising its option to extend Tenant is entitled by the initial Term number 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 applicableunutilized tons, in each case, under Article 9 which case Landlord shall only charge Tenant for such lower number of the Lease. Provided that Subtenant has timely exercised the applicable Renewal Right and Subtenant is not in default tons 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 Option, if applicable, or (II) affirmatively waiving Sublandlord’s right to exercise the First Renewal Option or Second Five Year Renewal Option, if applicable, Sublandlord shall provide a copy of any such notice to Subtenant. If Sublandlord duly exercises its First Renewal Option with respect to the First Five Year Renewal Term, then, not less than thirty (30) months prior to the expiration of the First Five Year Renewal 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 (“Five Year Renewal Right”) to further extend the Term of this Sublease for the Second Five Year Renewal Term (as defined in the Lease); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. If Subtenant has duly exercised its Initial Renewal Right, Subtenant shall be deemed to have renewed this Sublease for the same period of time as to which Sublandlord has exercised its First Renewal Option under Article 9condenser water.

Condenser Water. From and after Landlord shall provide condenser water in connection with Tenant's independent supplemental air-conditioning units, which shall not exceed the date that Subtenant first occupies greater of (i) the number of tons furnished by Landlord to each floor of the Premises for the conduct immediately prior occupants of Subtenant’s business the Premises and during (ii) the Term, Subtenant number of tons requested by Tenant from Landlord after the preparation of Tenant's Plans for the Premises (which shall be entitled tosubmitted within 90 days following the date hereof) and which Landlord is able to provide in Landlord's sole but good faith judgment and which shall be installed in accordance with the provisions of ARTICLE 5. Tenant shall pay Landlord an annual charge for such condenser water at Landlord's then established rate for condenser water (which shall initially be $500 per ton per annum), which charge shall be payable annually in advance in a lump sum initially for the remainder of the first calendar year of this Lease at the same time that Tenant makes its first payment of Fixed Rent hereunder and thereafter for each calendar year at the same time that Tenant makes its first payment of Fixed Rent in such calendar year, and Sublandlord shall arrange with Prime Lessor, for the furnishing be payable whether or not Tenant utilizes such amount of condenser water. Such charge shall be subject to Subtenant increase by Landlord on a 24 hour per day basis each day anniversary of the first Commencement Date to equal Landlord's then current charge, provided that any such increased charge shall not exceed (a) the initial charge plus (b) the initial charge multiplied by the percentage increase, if any, in the Consumer Price Index in effect on such anniversary of the first Commencement Date from that in effect on the first Commencement Date. If Tenant fails to utilize any quantity of condenser water for one year up or more, Landlord shall have the right upon notice to an aggregate Tenant to irrevocably reduce the number of 50 tons of pumped condenser water to which Tenant is entitled by the Premises for supplemental HVAC system(s) servicing number of such unutilized tons (unless Tenant notifies Landlord within 10 days after delivery of such notice to Tenant that it anticipates utilizing a portion or all of such unutilized tons of condenser water, in which case Landlord shall only have the Premises. Subtenant shall notify Sublandlord, no later than July 31, 2018, right to reduce the number of the amount tons of condenser water required to which Tenant is then entitled by Subtenantsuch number as Tenant does not anticipate utilizing, and Subtenant provided, however, that Landlord shall payhave 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 delivery of the first notice to Tenant), regardless of actual usage, as Additional Rent, in which case Landlord shall only charge Tenant for such lower number of tons of condenser water, at . In addition to the rate therefor charged from time to time by Prime Lessor to Sublandlord, which amounts foregoing charges there shall be a one-time fee of $1,500 per ton of unit capacity, payable within twenty (20) 15 days after rendition of a xxxx bill 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 Option, if applicable, or (II) affirmatively waiving Sublandlord’s right to exercise the First Renewal Option or Second Five Year Renewal Option, if applicable, Sublandlord shall provide a copy of any such notice to Subtenant. If Sublandlord duly exercises its First Renewal Option with respect to the First Five Year Renewal Term, then, not less than thirty (30) months prior to the expiration of the First Five Year Renewal 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 (“Five Year Renewal Right”) to further extend the Term of this Sublease for the Second Five Year Renewal Term (as defined in the Lease); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. If Subtenant has duly exercised its Initial Renewal Right, Subtenant shall be deemed to have renewed this Sublease for the same period of time as to which Sublandlord has exercised its First Renewal Option under Article 9.

Condenser Water. From Landlord shall provide condenser water in connection with Tenant’s independent supplemental air-conditioning units, which shall not exceed 125 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 $250 per ton, 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, provided Tenant shall have the right at any time after the date that Subtenant first occupies of this Lease to irrevocably reduce the Premises for number of tons of condenser water to which Tenant is entitled pursuant to this Section (which is 125 tons on the conduct date hereof) by giving notice of Subtenant’s business and during such reduction to Landlord, whereupon the Term, Subtenant number of tons to which Tenant shall be entitled to, and Sublandlord pursuant to the first sentence of this Section shall arrange with Prime Lessor, for the furnishing to Subtenant on a 24 hour per day basis each day be reduced as of the year up to an aggregate of 50 tons of pumped condenser water date Landlord shall receive such notice to the Premises for supplemental HVAC system(s) servicing lower number of tons specified in such notice. Tenant shall have no liability to pay the Premises. Subtenant shall notify Sublandlord, no later than July 31, 2018, annual charge referred to above in respect of the amount number of tons of condenser water required given up by SubtenantTenant in accordance with the preceding proviso. Such charge may be increased by Landlord on each anniversary of the Commencement Date to reflect any increase in Landlord’s cost of providing such service as reasonably determined by Landlord, and Subtenant provided, however, that in no event shall pay, regardless of actual usagesuch charge, as Additional Rentincreased, exceed either (1) (a) the prior year’s charge plus (b) the prior year’s charge multiplied by the percentage increase, if any, in the Consumer Price Index in effect on such anniversary of the Commencement Date from that in effect on the immediately preceding anniversary of the Commencement Date (or the Commencement Date in the case of the one-year anniversary of the Commencement Date), or (2) Landlord’s established rate for such condenser water, at the rate therefor charged water from time to time in effect. 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 Prime Lessor 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 Sublandlordreduce 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 amounts 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 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 (other than in the case of the 17th Floor Premises), payable within twenty fifteen (2015) days after rendition of a xxxx therefor. 22 28. Renewal Rights. Not less than thirty (30) months Landlord shall not charge Tenant for any tap-in performed in respect of the Premises prior to the expiration date hereof, provided the same shall not preclude Landlord from charging Tenant for any additional tap-in required in the Premises after the date hereof. 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 Term, time being of public service company serving 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, Building or 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 any other reason not attributable to the expiration negligence or willful misconduct of the term of the Lease. Subtenant shall exercise Landlord, its Initial Renewal Right agents, contractors 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 Option, if applicable, or (II) affirmatively waiving Sublandlord’s right to exercise the First Renewal Option or Second Five Year Renewal Option, if applicable, Sublandlord shall provide a copy of any such notice to Subtenant. If Sublandlord duly exercises its First Renewal Option with respect to the First Five Year Renewal Term, then, not less than thirty (30) months prior to the expiration of the First Five Year Renewal 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 (“Five Year Renewal Right”) to further extend the Term of this Sublease for the Second Five Year Renewal Term (as defined in the Lease); provided that the term of this Sublease shall end no later than one day prior to the expiration of the term of the Lease. If Subtenant has duly exercised its Initial Renewal Right, Subtenant shall be deemed to have renewed this Sublease for the same period of time as to which Sublandlord has exercised its First Renewal Option under Article 9employees.