Cooling units Clause Samples

Cooling units. Landlord agrees to permit Tenant to install pursuant to the Approved Plans and Specifications set forth therein, at Tenant’s sole expense, certain cooling units (“Cooling Units”) in locations on the roof of the Building identified by Tenant and reasonably approved by Landlord for the purpose of providing cooling needs for the server room and data rooms contained within the Premises subject to the following: (a) applicable governmental laws; (b) the right of Landlord to supervise any roof penetrations; (c) Landlord’s approval of the plans and specifications for the Cooling Units and all connecting cables from the roof of the Building to the Premises; (d) compliance with the conditions of any roof bond maintained by Landlord on the Premises; and (e) the Cooling Units not being visible at street level. Tenant shall represent and warrant that the Cooling Units will be in good working condition at the time of installation and shall meet the specifications in plans submitted by Tenant and reasonably approved by Landlord (“Approved Plans and Specifications”). Tenant will contract directly with a contractor, selected by Tenant in its reasonable discretion, for routine maintenance of the Cooling Units, the entire cost of which shall be borne by Tenant. Tenant shall be responsible for the repair of any damage to any portion of the Building caused by Tenant’s installation, use or removal of the Cooling Units. The Cooling Units shall remain the exclusive property of Tenant, and Tenant shall have the right to remove same at any time during the Term of the Lease so long as Tenant is not in Default under the Lease. Tenant shall remove the Cooling Units at the expiration of the Lease Term or earlier termination of the Lease or upon the early termination of Tenant’s right to occupy the Premises, at Tenant’s sole cost and expense. In the event Tenant fails to remove the Cooling Units as set forth herein, Landlord may, but shall not be obligated to, remove the Cooling Units, all at Tenant’s sole cost and expense. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorney’s fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, use or removal of the Cooling Units.