Cooling. Landlord, at Landlord's expense, shall furnish air-cooling on business days from 8:00 A.M. to 6:00 P.M. as required for the comfortable occupancy of the Premises, but in no event less than from May 15 through October 15 of each year during the Term, when, in the judgment of Landlord, reasonably exercised, it may be required for the comfortable occupancy of the Premises, and shall ventilate the Premises on business days and for similar hours during other months of the year. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have an electrical load in excess of the average electrical load for the Building air-cooling system as required under this Lease or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulations. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, but not limited to, air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant may, subject to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises for the data center, at Tenant's sole cost and expense, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Sources: Lease Agreement (Nextvenue Inc), Assignment and Amendment of Lease (Talkpoint Communications Inc)
Cooling. Landlord, at Landlord's ’s expense, shall furnish air-cooling on business days from 8:00 A.M. a.m. to 6:00 P.M. as required for the comfortable occupancy of the Premises, but in no event less than p.m. from May 15 through October September 15 of each year during the Term, when, in the judgment of Landlord, reasonably exercised, it may be required for the comfortable occupancy of the Premises, and shall ventilate the Premises on business days and for similar hours during other months of the year. Anything in this subsection C Section 29.3 to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling aircooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises (i) which, by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that Tenant, shall have an electrical load in excess of the average electrical load and human occupancy factors for the Building air-cooling system as required under this Lease designed, or (ii) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not other than in connection with any applicable governmental laws, ordinances, rules or regulationsLandlord’s Work. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's ’s position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully reasonably with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, including but not limited to, air-coolingto aircooling, fan, ventilating, machine rooms and electrical closets. Tenant may, subject shall have the right to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises for the data center, a supplemental HVAC Unit (hereinafter defined) at Tenant's ’s sole cost and expense, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayedaccordance with Article 42 below.
Appears in 2 contracts
Sources: Lease Agreement (Panacea Acquisition Corp), Lease Agreement (Panacea Acquisition Corp)
Cooling. Landlord, at Landlord's expense, Tenant shall furnish have the privilege of using the air-cooling on business days from 8:00 A.M. system presently serving the Premises which Tenant agrees to 6:00 P.M. as required maintain and repair at its own cost and expense. Tenant accepts such air-cooling system in its "as-is" condition. Tenant shall enter into service maintenance agreements for the comfortable occupancy service and maintenance of the Premises, but in no event less than from May 15 through October 15 of each year during the Term, when, in the judgment of air-cooling systems with a contractor approved by Landlord, reasonably exercised, it may which approval shall not be required for unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the comfortable occupancy of the Premises, air-cooling system and shall ventilate the Premises on business days provide Landlord with copies of service and for similar hours during other months of the yearmaintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have Tenant, having an electrical load in excess of the average electrical load for the Building air-cooling system as required under this Lease designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulationsTenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, including but not limited to, to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant may, subject to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises shall pay for the data centercosts of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, at Tenant's sole cost and expensesubsection H, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayedhereof.
Appears in 2 contracts
Sources: Lease Agreement (Intralinks Inc), Lease Agreement (Intralinks Inc)
Cooling. Landlord, at Landlord's expense, shall furnish air-air- ------- cooling consistent with other comparable buildings in Manhattan on business days from 8:00 A.M. a.m. to 6:00 P.M. as required for the comfortable occupancy of the Premises, but in no event less than p.m. from May 15 through October September 15 of each year during during, the Term, Term when, in the judgment of Landlord, reasonably exercised, it may be required for the comfortable occupancy of the Premises, and shall ventilate the Premises on business days and for similar hours during other months of the year. Anything in this subsection C 29.3 to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-air cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises (i) which, by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that Tenant, shall have an electrical load in excess of the average electrical load and human occupancy factors for the Building air-cooling system as required under this Lease designed, or (ii) because of any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not other than in connection with any applicable governmental laws, ordinances, rules or regulationsLandlord's Initial Construction. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free reasonable access pursuant to the terms of this Lease, to any and all mechanical installations of Landlord, including, including but not limited to, air-to air cooling, fan, ventilating, machine rooms and electrical closets. Tenant may, subject to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises for the data center, at Tenant's sole cost and expense, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract
Sources: Lease Agreement (Salon Internet Inc)
Cooling. Landlord, at Landlord's expense, Tenant shall furnish have the privilege of using the air-cooling on business days from 8:00 A.M. to 6:00 P.M. as required for the comfortable occupancy of system installed in the Premises, but which system Tenant agrees to maintain and repair at its own cost and expense. Tenant shall accept such air-cooling system in no event less than from May 15 through October 15 its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance of each year during the Term, when, in the judgment of air-cooling system with a contractor approved by Landlord, reasonably exercised, it may which approval shall not be required for unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the comfortable occupancy of the Premises, air-cooling system and shall ventilate the Premises on business days provide Landlord with copies of service and for similar hours during other months of the yearmaintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have Tenant, having an electrical load in excess of the average electrical load for the Building air-cooling system as required under this Lease designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulationsTenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Subject to the terms of Article 14 hereof, Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, including but not limited to, to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant may, subject to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises shall pay for the data center, at Tenant's sole cost and expense, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along electrical energy consumed by the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirementsair-cooling system in accordance with the provisions of Article 29, the numbersubsection H, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayedhereof.
Appears in 1 contract
Cooling. Landlord, at Landlord's expense, Tenant shall furnish have the privilege of using the air-cooling on business days from 8:00 A.M. system to 6:00 P.M. as required for the comfortable occupancy of be installed in the Premises, but as part of Tenant's Initial Alteration, which system Tenant agrees to maintain and repair at its own cost and expense. Tenant shall accept such air-cooling system in no event less than from May 15 through October 15 its "as-is" condition. Tenant shall enter into service maintenance agreements for the service and maintenance of each year during the Term, when, in the judgment of air-cooling system with a contractor approved by Landlord, reasonably exercised, it may which approval shall not be required for unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the comfortable occupancy of the Premises, air-cooling system and shall ventilate the Premises on business days provide Landlord with copies of service and for similar hours during other months of the yearmaintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have Tenant, having an electrical load in excess of the average electrical load for the Building air-cooling system as required under this Lease designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulationsTenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Subject to the terms of Article 14 hereof, Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, including but not limited to, to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant mayshall pay for the cost of the electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, subject subsection H, hereof. In the event Landlord or Tenant installs a water-cooled air cooling system in the Premises, and if Tenant requests that condenser water for such system shall be supplied by Landlord, (x) Tenant shall pay to Landlord, annually within ten (10) business days after receipt of an invoice therefor, a sum equal to Three Hundred Fifty and 00/100 ($350.00) Dollars per ton of air conditioning capacity to compensate Landlord for the terms cost of supplying condenser water for the air-cooling system (which annual charge shall increase to $400 per ton from and conditions after the fifth (5th) anniversary of the Commencement Date) and (y) Tenant shall pay to Landlord upon the execution and delivery of this LeaseLease by Tenant, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning a "tap-in" charge in the Premises amount of $2,000.00 to compensate Landlord for the data center, at making such condenser water available to Tenant's sole cost and expense, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract
Cooling. Landlord, at Landlord's expense, Tenant acknowledges that Tenant shall furnish install air-cooling on business days from 8:00 A.M. conditioning equipment to 6:00 P.M. serve the Tenth Floor Space as required for part of Tenant's Initial Alteration therein in accordance with the comfortable occupancy provisions of Schedule B hereof. Tenant shall have the Premisesprivilege of using the air-conditioning systems presently installed in and/or servicing the Mezzanine, but in no event less than from May 15 through October 15 of each year during the TermSecond Floor and Eleventh Floor (such existing air-conditioning systems, when, together with any air-conditioning systems hereafter installed by Landlord in the judgment of LandlordTenth Floor Space, reasonably exercisedbeing hereinafter individually and collectively referred to as "Air-Conditioning Systems"), it may be required for the comfortable occupancy of the Premises, and shall ventilate the Premises on business days and for similar hours during other months of the year. Anything which systems Tenant agrees to accept in this subsection C to the contrary notwithstandingtheir "as-is" condition; accordingly, Landlord shall not be responsible if the normal operation of the Building airAir-cooling system Conditioning Systems shall fail to provide cooled air at reasonable CONFORMED COPY temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises for any reason whatsoever, including, without limitation, by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have Tenant, having an electrical load in excess of the average electrical load for the Building airAir-cooling system Conditioning Systems as required under this Lease designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant; accordingly Tenant unless same is specifically required shall maintain, repair and operate any such Air-Conditioning Systems in compliance with all present and future laws and regulations relating thereto and shall enter into service maintenance agreements for the service and maintenance of the Air-Conditioning Systems with a contractor approved by Landlord, which approval shall not be unreasonably withheld (provided that Tenant shall have no obligation to maintain or repair the condenser water tower or any components thereof up to the point of connection into the Premises). Tenant shall cause periodic service and maintenance to be performed on the Air-Conditioning Systems and shall provide Landlord solely for with copies of service and maintenance records. Tenant shall not alter, modify or replace any such Air-Conditioning Systems, or any part thereof, without Landlord's convenience and consent, which shall not in connection with any applicable governmental laws, ordinances, rules or regulations. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operationunreasonably withheld. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the airAir-cooling systemConditioning Systems. Subject to the terms of Article 14 hereof, Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, including but not limited to, airto Air-coolingConditioning Systems, fan, ventilating, machine rooms and electrical closets. Tenant mayshall pay for the cost of the electrical energy consumed by the Air-Conditioning Systems in accordance with the provisions of Article 29, subject subsection H, hereof. With respect to the terms water-cooled Air-Conditioning Systems servicing the Second Floor and conditions Mezzanine and any other water cooled Air-Conditioning Systems installed in any other part of this Leasethe Premises, includingin consideration of the condenser water supplied by Landlord for such systems, without limitationTenant shall pay to Landlord, this Article 9 and Article 3 annually upon demand, a sum equal to $400 per ton of air-conditioning capacity, adjusted annually, to compensate Landlord for the cost of supplying condenser water for such Air-Conditioning Systems on "business days" from 8:00 A.M. to 6:00 P.M. from May 15th through October 15th of each year during the Term hereof. In addition, install air conditioning Tenant agrees to pay Landlord a tap-in fee of $1,500.00 to compensate Landlord for making the condenser water available to any water cooled Air-Conditioning Systems installed by Tenant in the Premises Tenth Floor Space. Any such Air-Conditioning Systems shall be installed with balancing valves and manufactured by B▇▇▇ & G▇▇▇▇▇▇ or such other manufacturer identified by Landlord for the data centerbalancing by Landlord, at Tenant's sole cost and expense. For and consideration of the payment of the condenser water charges set forth above, provided Landlord hereby covenants and agrees to provide Tenant with sufficient condenser water to service a minimum of one hundred twenty-five (125) tons of air-conditioning capacity in the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents aggregate on the eighth Second Floor and Mezzanine and a minimum of forty (8th40) floor tons of air-conditioning capacity on the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayedTenth Floor Space.
Appears in 1 contract
Cooling. Tenant shall have the right to use the two (2) new air-cooled air-conditioning units to be installed in the Premises by Landlord as part of Landlord's Initial Construction (as more particularly described in the specifications set forth in Exhibit 10) at all times, which Tenant agrees to maintain and repair at its own cost and expense; provided, however, Landlord agrees to assign the manufacturer's warranties and guaranties covering such units to Tenant (which warranties and guaranties shall include, at Landlord's expensea minimum, an extended five (5) year warranty for the compressor). Tenant shall furnish enter into service maintenance agreements for the service and maintenance of the air-cooling conditioning units with a contractor approved by Landlord. Tenant shall cause periodic service and maintenance to be performed on business days the air-conditioning units and shall provide Landlord with copies of service and maintenance records. In the event either of the air-conditioning units servicing the Premises need to be replaced at anytime from 8:00 A.M. and after the tenth (10th) anniversary of the Commencement Date (which replacement is not necessitated by Tenant's negligence or willful misconduct or by Tenant's failure to 6:00 P.M. as required repair and maintain the air-conditioning units in accordance with the terms hereof), the cost of such replacement shall be amortized over a period of ten (10) years commencing in the year in which the replacement is made and Tenant shall be responsible for the comfortable occupancy cost thereof that amortizes during the balance of the Premises, but in no event less than from May 15 through October 15 of each year during the Term, whenand Landlord shall be responsible for any portion of such cost that amortizes after the Expiration Date. Tenant's failure to maintain service and maintenance contracts for the air-conditioning units shall be deemed evidence of Tenant's failure to repair and maintain the same in accordance with the terms hereof, in which event Landlord shall have no obligation to contribute to the judgment cost of replacement units. Tenant shall not alter, modify or replace such air-conditioning units, or any part thereof, without Landlord's consent, reasonably exercised, it may which consent shall be required for the comfortable occupancy of the Premises, and shall ventilate the Premises on business days and for similar hours during other months of the yeargranted or denied in accordance with Article 3 hereof. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system conditioning units shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have Tenant, having an electrical load in excess of the average electrical load for the Building air-cooling system conditioning units as required under this Lease designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulations. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operationTenant. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling systemconditioning units. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, including but not limited to, to air-coolingconditioning, fan, ventilating, machine rooms and electrical closets. Tenant may, subject to shall pay for the terms and conditions costs of electrical energy consumed by the air-conditioning units in accordance with the provisions of subsection H of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises for the data center, at Tenant's sole cost and expense, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed29.
Appears in 1 contract
Cooling. Landlord, at Landlord's expense, Tenant shall furnish have the privilege of using the air-cooling on business days from 8:00 A.M. system presently serving the Premises which Tenant agrees to 6:00 P.M. as required maintain and repair at its own cost and expense. Tenant accepts such air-cooling system in its “as-is” condition. Tenant shall enter into service maintenance agreements for the comfortable occupancy service and maintenance of the Premises, but in no event less than from May 15 through October 15 of each year during the Term, when, in the judgment of air-cooling systems with a contractor approved by Landlord, reasonably exercised, it may which approval shall not be required for unreasonably withheld. Tenant shall cause periodic service and maintenance to be performed on the comfortable occupancy of the Premises, air-cooling system and shall ventilate the Premises on business days provide Landlord with copies of service and for similar hours during other months of the yearmaintenance records. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord’s consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have Tenant, having an electrical load in excess of the average electrical load for the Building air-cooling system as required under this Lease designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulationsTenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's ’s position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, including but not limited to, to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant may, subject to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises shall pay for the data centercosts of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, at Tenant's sole cost and expensesubsection H, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayedhereof.
Appears in 1 contract
Sources: Lease Agreement (Intralinks Inc)
Cooling. Landlord, at Landlord's expense, shall furnish air-cooling on business days from 8:00 A.M. to 6:00 P.M. as required for the comfortable occupancy of the Premises, but in no event less than from May 15 through October 15 of each year during the Term, when, in the judgment of Landlord, reasonably exercised, it may be required for the comfortable occupancy of the Premises, and shall ventilate the Premises on business days and for similar hours during other months of the year. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have an electrical load in excess of the average electrical load for the Building air-cooling system as required under this Lease designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulationsTenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, including but not limited to, to air-cooling, fan, ventilating, machine rooms and electrical closets. The HVAC specifications currently in effect for the Building are more particularly described on EXHIBIT F annexed hereto, but Landlord reserves the right to amend such specifications at any time, provided same is done on a non-discriminatory basis. Landlord shall provide Tenant maywith two (2) connections, subject per floor, to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises for the data center, at Tenant's sole cost and expense, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor main duct of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayedHVAC System.
Appears in 1 contract
Sources: Lease Agreement (Viatel Inc)
Cooling. Landlord, at Landlord's expense, Tenant shall furnish have the privilege of using the air-cooling on business days from 8:00 A.M. to 6:00 P.M. system ------- presently serving the Premises which system Landlord agrees will be in good working order as required for the comfortable occupancy of the Premises, but in no event less than from May 15 through October 15 of each year during Commencement date. Tenant agrees to maintain and repair the Term, when, in the judgment of Landlord, reasonably exercised, it may be required for the comfortable occupancy of the Premises, and shall ventilate system within the Premises on business days only, at its own cost and for similar hours during other months of the yearexpense. Tenant shall not alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which shall not be unreasonably withheld. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have Tenant, having an electrical load in excess of the average electrical load for the Building air-cooling system as required under this Lease or designed, (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental lawsTenant, ordinances, rules or regulations(iii) the inadequate design or capacity of the existing cooling system. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the all rules, regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the applicable to such air-cooling system. LandlordTenant shall pay for the costs of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, throughout the TermSubsection H, hereof. Tenant shall have free access the right to any and all mechanical installations of Landlord, including, but not limited to, air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant may, subject to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises for the data centerinstall, at Tenant's sole its own cost and expense, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such an "air-cooled" air conditioning through unit to service all or any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor part of the Premises, and Landlord shall use best efforts to make available to Tenant that Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayedcommon space (i.e. outside tier roof areas) as is practical for this purpose.
Appears in 1 contract
Sources: Lease Agreement (Global Broadcasting Systems Inc/Fa)
Cooling. Landlord, at Landlord's expense, Tenant shall furnish have the privilege of using the air-cooling on business system presently serving the Premises which air-cooling system shall be maintained by Landlord, provided that Tenant shall within ten (10) days from 8:00 A.M. after the date of receipt of an invoice therefor, pay the costs of the service contract obtained by Landlord for such air-cooling system as determined by Landlord, including, without limitation, but subject to 6:00 P.M. as required the provisions of the next succeeding sentence, the costs of repair and replacement of any component parts thereof to the extent same is necessary for the comfortable occupancy proper maintenance of the Premisesair-cooling system. Tenant shall not alter, but in no event less than from May 15 through October 15 modify or replace such air-cooling system, or any part thereof, without Landlord's consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Landlord shall be responsible for the cost of each year any repair to or replacement of major components of the air-cooling system (and not for regular repair, maintenance or replacement of the air-cooling system which shall be the responsibility of Tenant as provided above) made during the Term, when, in period commencing on the judgment of Landlord, reasonably exercised, it may be required for Commencement Date through and including the comfortable occupancy first anniversary of the Premises, and shall ventilate the Premises on business days and for similar hours during other months of the yearCommencement Date. Anything in this subsection C Lease to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have Tenant, having an electrical load in excess of the average electrical load for the Building air-cooling system as required under this Lease designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulationsTenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, but not limited to, air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant may, subject to the terms and conditions of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises shall pay for the data centercosts of electrical energy consumed by the air-cooling system in accordance with the provisions of Article 29, at Tenant's sole cost and expensesubsection H, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayedhereof.
Appears in 1 contract
Sources: Lease Agreement (Thrupoint Inc)
Cooling. Landlord, at Landlord's expense, Tenant shall furnish have the privilege of using the air-cooling system presently serving the Premises on business days from 8:00 A.M. to 6:00 P.M. as required for the comfortable occupancy of the Premises, but in no event less than from May 15 through October 15 of each year during the Term, when, in the judgment of Landlord, reasonably exercised, Term when it may be required for the comfortable occupancy of the Premises, which system Landlord agrees to maintain and repair at its own cost and expense except in the event that any such repairs or maintenance are required by reason of Tenant's acts, omissions, use or misuse of such air-cooling system. Tenant shall ventilate the Premises on business days and for similar hours during other months of the yearnot alter, modify or replace such air-cooling system, or any part thereof, without Landlord's consent. Anything in this subsection C to the contrary notwithstanding, Landlord shall not be responsible if the normal operation of the Building air-cooling system shall fail to provide cooled air at reasonable temperatures, pressures or degrees of humidity or any reasonable volumes or velocities in any parts of the Premises by reason of (i) human occupancy factors and any machinery or equipment installed by or on behalf of Tenant or any person claiming through or under Tenant that have an electrical load in excess of the average electrical load for the Building air-cooling system as required under this Lease designed or (ii) any rearrangement of partitioning or other Alterations made or performed by or on behalf of Tenant or any person claiming through or under Tenant unless same is specifically required by Landlord solely for Landlord's convenience and not in connection with any applicable governmental laws, ordinances, rules or regulationsTenant. Tenant agrees to keep and cause to be kept closed all of the windows in the Premises whenever the air-cooling system is in operation and agrees to lower and close the blinds when necessary because of the sun's position whenever the air-cooling system is in operation. Tenant at all times agrees to cooperate fully with Landlord and to abide by the regulations and requirements which Landlord may reasonably prescribe for the proper functioning and protection of the air-cooling system. Landlord, throughout the Term, shall have free access to any and all mechanical installations of Landlord, including, including but not limited to, to air-cooling, fan, ventilating, machine rooms and electrical closets. Tenant may, subject to shall pay for its pro rata share of the terms and conditions costs of electrical energy consumed by the air-cooling system in accordance with the provisions of subsection H of this Lease, including, without limitation, this Article 9 and Article 3 hereof, install air conditioning in the Premises for the data center, at Tenant's sole cost and expense, provided the installation and maintenance of same is, in all respects, reasonably satisfactory to Landlord and, subject to Landlord's prior written approval, which shall not be unreasonably withheld or delayed, vent such air conditioning through any existing louvers along ▇▇▇▇▇ Street exposure. In addition to the foregoing, Tenant may install vents on the eighth (8th) floor of the Building along the ▇▇▇▇▇ Street exposure reasonably sufficient to service Tenant's air conditioning requirements, the number, design and location of which shall be subject to Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed29.
Appears in 1 contract
Sources: Lease Agreement (Thrupoint Inc)