Common use of Heating and Air Conditioning Clause in Contracts

Heating and Air Conditioning. (a) The Landlord shall provide heat to the Premises and the interior Common Areas (excluding any areas below the main floor and in the penthouse) sufficient to maintain reasonable temperatures during Normal Business Hours. It is understood and accepted by the Tenant that the Landlord may reduce the degree of heating provided after Normal Business Hours in a manner comparable to other comparable office buildings in the City of Toronto of a similar age and in a similar location. The Landlord may enter the Premises to inspect, control or regulate the operation of any heating, ventilating and air-conditioning facilities and equipment. (b) The Landlord shall provide ventilation and air-conditioning to the Premises and interior Common Areas (excluding any areas below the main floor and in the penthouse) during Normal Business Hours. The systems furnished and operated by the Landlord for air conditioning and ventilation to the Premises are designed for a reasonable density of persons and for general office purposes based on window shading being fully closed where windows are exposed to direct sunlight. Arrangement of partitions, equipment or special purpose areas, or the installation of equipment with high levels of heat production by the Tenant may require alteration of the portion of the air-conditioning and ventilation systems located within the Premises. Any alterations that can be accommodated by the Landlord's equipment shall be made at the Tenant's expense and in accordance with Section 6.7 hereof. Balancing of the system within the Premises shall be at the Tenant's expense. The Tenant acknowledges that the heating, air-conditioning and ventilation system serving the Premises or the Building may require initial balancing or that alterations made from time to time whether inside the Premises or in other areas of the Building, may temporarily cause imbalance of the heating, air-conditioning and ventilation system, and the Tenant shall allow a reasonable amount of time for such readjustment and rebalancing. (c) Should the Landlord fail to provide sufficient heat or air-conditioning or chilled water at any time it shall not be liable for direct, indirect, or consequential damages, or for personal discomfort or illness.

Heating and Air Conditioning. (a) The Landlord shall provide heat to the leased Premises and the interior Common Areas (excluding any areas below the main floor concourse and in the penthouse) sufficient to maintain reasonable temperatures for the Tenant's comfort during Normal Business Hours. It is understood and accepted by the Tenant that the Landlord may reduce the degree of heating provided after Normal Business Hours in a manner comparable to other comparable first class office buildings in the City of Toronto of a similar age and in a similar location. The Landlord may enter the Premises to inspect, control or regulate the operation of any heating, ventilating and air-conditioning facilities and equipment. (b) The Landlord shall provide ventilation and air-conditioning to the Leased Premises and interior Common Areas (excluding any areas below the main floor concourse and in the penthouse) during Normal Business Hours. The systems furnished and operated by the Landlord for air air-conditioning and ventilation to the Leased Premises are designed for a reasonable density of persons and for general office purposes based on window shading being fully closed where windows are exposed to direct sunlight. Arrangement of partitions, equipment or special purpose areas, or the installation of equipment with high levels of heat production by the Tenant may require alteration of the portion of the air-conditioning and ventilation systems located within the Leased Premises. Any alterations that can be accommodated by the LandlordLandiord's equipment shall be made at the Tenant's expense and in accordance with Section 6.7 hereof. Balancing of the system within the Premises shall be at the Tenant's expense. The Tenant acknowledges that the heating, air-conditioning and ventilation system serving the Premises or the Building may require initial balancing or that alterations made from time to time whether inside the leased Premises or in other areas of the Building, may temporarily cause imbalance of the heating, air-conditioning and ventilation systemventilation, and the Tenant shall allow a reasonable amount of time for such readjustment and rebalancing. (c) Should the Landlord fail to provide sufficient heat or air-conditioning or chilled water at any time it shall not be made liable for direct, indirect, or consequential damages, or for personal discomfort or illness.

Heating and Air Conditioning. (a) The Landlord shall provide heat to the Premises and the interior Common Areas (excluding any areas below the main floor and in the penthouse) sufficient to maintain reasonable temperatures during Normal Business Hours. It is understood and accepted by the Tenant that the Landlord may reduce the degree of heating provided after Normal Business Hours in Leased Premises, with a manner comparable to other comparable office buildings in the City of Toronto of a similar age and in a similar location. The Landlord may enter the Premises to inspect, control or regulate the operation of any fully functional heating, ventilating ventilation and air-conditioning facilities system (“HVAC System”) serving the Leased Premises which system shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for heating and air-conditioning so that when heat is reasonably required for the reasonable use of the Leased Premises the Landlord will furnish heat therefor up to a reasonable temperature and when the heating system is not in use and the Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems in the Building. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements which, in the judgment of the Landlord, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure to supply the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipment. (b) The Landlord shall provide ventilation make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and air-conditioning to fall, the Premises and interior Common Areas (excluding any areas below the main floor and in the penthouse) during Normal Business Hours. The systems furnished and operated by the Landlord for air conditioning and ventilation to the Premises are designed for a reasonable density of persons and for general office purposes based on window shading being fully closed where windows are exposed to direct sunlight. Arrangement of partitions, equipment or special purpose areas, or the installation of equipment with high levels of heat production by the Tenant may require alteration temperature of the portion of the air-conditioning and ventilation systems located within the Premises. Any alterations that can be accommodated by the Landlord's equipment shall be made at the Tenant's expense and in accordance with Section 6.7 hereof. Balancing of the system within the Leased Premises shall be maintained at the Tenant's expense. The Tenant acknowledges that the heating, air-conditioning and ventilation system serving the Premises 22°C (plus or the Building may require initial balancing or that alterations made from time to time whether inside the Premises or in other areas minus 1°C) with a maximum relative humidity of the Building, may temporarily cause imbalance of the heating, air-conditioning and ventilation system, and the Tenant shall allow a reasonable amount of time for such readjustment and rebalancing.fifty percent (50%); (c) Should During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord fail to provide sufficient heat or air-conditioning or chilled water at any time it shall not be liable for direct, indirect, or consequential damages, or for personal discomfort or illness.ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) [************************************************************************************************ *************************************************************************************************** *************************************************************************************************** *************************************************************************************************** **************************************************************************************************] (e) [************************************************************************************************ *************************************************************************************************** ***********************************]

Heating and Air Conditioning. (a) The Landlord shall provide heat to the Premises and the interior Common Areas (excluding any areas below the main floor and in the penthouse) sufficient to maintain reasonable temperatures during Normal Business Hours. It is understood and accepted by the Tenant that the Landlord may reduce the degree of heating provided after Normal Business Hours in Leased Premises, with a manner comparable to other comparable office buildings in the City of Toronto of a similar age and in a similar location. The Landlord may enter the Premises to inspect, control or regulate the operation of any fully functional heating, ventilating ventilation and air-conditioning facilities system (“HVAC System”) serving the Leased Premises which system shall provide a constant and adequate supply of fresh air that will be filtered and either heated or cooled, humidified or dehumidified as conditions may reasonably require every business day during normal business hours. To provide for heating and air-conditioning so that when heat is reasonably required for the reasonable use of the Leased Premises the Landlord will furnish heat therefor up to a reasonable temperature and when the heating system is not in use and the Landlord considers that air-conditioning is reasonably required it will operate the air-conditioning systems in the Building. The said heating and air-conditioning systems will be maintained by the Landlord during normal business hours except during the making of repairs and should the Landlord make default in so doing, it shall not be liable for any indirect or consequential damages for personal discomfort or illness due to such default. The Landlord reserves the right to stop the services of the heating and/or air-conditioning equipment when necessary by reason of any accident or any repairs, alterations or improvements which, in the judgment of the Landlord, are desirable or necessary to be made until such repairs, alterations or improvements shall have been completed. The Landlord shall have no further responsibility or liability for failure to supply the said heating and/or air-conditioning service when prevented from doing so, by strikes or by any cause beyond the Landlord’s reasonable control or by orders or regulations by any body or authority having jurisdiction or by other reason of any failure of electrical current, steam or water or suitable power supply or inability upon the exercise of reasonable diligence to obtain such electrical current, steam or water for the operation of the heating or air-conditioning equipment. (b) The Landlord shall provide ventilation make commercially reasonable efforts so that HVAC System shall perform as follows: During spring, summer and air-conditioning to fall, the Premises and interior Common Areas (excluding any areas below the main floor and in the penthouse) during Normal Business Hours. The systems furnished and operated by the Landlord for air conditioning and ventilation to the Premises are designed for a reasonable density of persons and for general office purposes based on window shading being fully closed where windows are exposed to direct sunlight. Arrangement of partitions, equipment or special purpose areas, or the installation of equipment with high levels of heat production by the Tenant may require alteration temperature of the portion of the air-conditioning and ventilation systems located within the Premises. Any alterations that can be accommodated by the Landlord's equipment shall be made at the Tenant's expense and in accordance with Section 6.7 hereof. Balancing of the system within the Leased Premises shall be maintained at the Tenant's expense. The Tenant acknowledges that the heating, air-conditioning and ventilation system serving the Premises 22°C (plus or the Building may require initial balancing or that alterations made from time to time whether inside the Premises or in other areas minus 1°C) with a maximum relative humidity of the Building, may temporarily cause imbalance of the heating, air-conditioning and ventilation system, and the Tenant shall allow a reasonable amount of time for such readjustment and rebalancing.fifty percent (50%); (c) Should During winter, the interior temperature of the Leased Premises shall be maintained at 22°C (plus or minus 1°C) with a minimum relative humidity of thirty percent (30%); Throughout the Term, the Landlord fail shall ensure a constant flow of fresh air in the Leased Premises of a minimum of 20%; (d) The temperatures in the Animal Care Facilities and in areas of the Leased Premises where significant refrigeration equipment is located shall be controlled by the Tenant using independent thermostats, if same are installed by or on behalf of Tenant. Landlord shall check, clean and replace the filters in the HVAC System with high efficiency pre-filters four (4) times a year and the box filters once per year. The Landlord will also replace broken modulating dampers of the HVAC System. (e) The Landlord agrees that setbacks in the operation of the base building HVAC System will not apply to provide sufficient heat any separate HVAC system installed by or air-conditioning on behalf of and used by the Tenant for the Animal Care Facilities or chilled water at any time it shall not be liable for direct, indirect, or consequential damages, or for personal discomfort or illnessLaboratories.

Heating and Air Conditioning. (a) The Landlord shall provide heat to the Premises during the appropriate heating season and shall cool the interior Common Areas (excluding any areas below Premises during the main floor and in appropriate air conditioning season by means of such HVAC equipment as shall be maintained from time to time, for the penthouse) sufficient to maintain reasonable temperatures normal use of the Premises during Normal Business Hours. It is understood and accepted by the Tenant that the Landlord may reduce the degree of heating provided after Normal Business Hours in a manner comparable to other comparable office buildings in the City of Toronto of a similar age and in a similar location. The Landlord may enter the Premises to inspect, control or regulate the operation of any heating, ventilating and air-conditioning facilities and equipment. (b) The If the HVAC equipment shall require maintenance, repair or replacement, Landlord shall provide ventilation and air-conditioning attend to the Premises and interior Common Areas (excluding any areas below the main floor and in the penthouse) during Normal Business Hours. The systems furnished and operated by the Landlord for air conditioning and ventilation same with reasonable promptness having regard to the Premises are designed then existing climatic conditions but Landlord shall not be liable for a reasonable density any losses or damages arising from the resulting lack of persons and HVAC, and, in any event, Landlord shall not be liable for general office purposes based on window shading being fully closed where windows are exposed to direct sunlight. Arrangement any indirect or consequential losses or damages or any damages for personal discomfort arising from any lack of partitionsHVAC, equipment whether caused by Landlord’s negligence or special purpose areas, or the installation of equipment with high levels of heat production by the Tenant may require alteration of the portion of the air-conditioning and ventilation systems located within the Premises. Any alterations that can be accommodated by the Landlord's equipment shall be made at the Tenant's expense and in accordance with Section 6.7 hereof. Balancing of the system within the Premises shall be at the Tenant's expense. The Tenant acknowledges that the heating, air-conditioning and ventilation system serving the Premises or the Building may require initial balancing or that alterations made from time to time whether inside the Premises or in other areas of the Building, may temporarily cause imbalance of the heating, air-conditioning and ventilation system, and the Tenant shall allow a reasonable amount of time for such readjustment and rebalancingotherwise. (c) Should the Landlord fail to provide sufficient heat or air-conditioning or chilled water at any time it shall not be liable responsible for directthe inadequacy of any HVAC of the Premises if: (i) the use or occupancy of the Premises; or (ii) the electrical or other power consumed on the Premises; or (iii) the configuration of partitions or other items on the Premises; or (iv) the failure of Tenant to shade windows interferes with or impairs the functioning of or places a higher demand on equipment or HVAC of the Premises. For greater certainty, indirectexcept as expressly provided in Landlord’s Work, Landlord shall have no obligation to balance or consequential damagesre-balance the HVAC distribution system within the Premises. (d) If Tenant desires utilities or the use of HVAC equipment to provide HVAC of the Premises outside Business Hours, or the same may be arranged on reasonable advance notice to Landlord and Tenant shall, if required by Landlord, pay for personal discomfort or illnesssame as an Excess Cost.

Heating and Air Conditioning. (a) The Landlord Tenant shall provide heat be entitled to the Premises and the interior Common Areas (excluding any areas below the main floor and in the penthouse) sufficient to maintain reasonable temperatures during Normal Business Hours. It is understood and accepted by the Tenant that the Landlord may reduce the degree of heating provided after Normal Business Hours in a manner comparable to other comparable office buildings in the City of Toronto of a similar age and in a similar location. The Landlord may enter the Premises to inspectreceive heat, control or regulate the operation of any heating, ventilating and air-conditioning facilities and equipment. (b) The Landlord shall provide ventilation and air-conditioning to the Premises and interior Common Areas (excluding any areas below the main floor and in the penthouse) during Normal Business Hours. The systems furnished and operated by the Landlord for air conditioning and ventilation to the floor on which the Premises are designed located in accordance with the specifications and subject to the design criteria set forth in Exhibit B to the Declaration (which specifications are hereby incorporated herein by reference) (a) at all times, without charge, for a reasonable density of persons and for general office purposes based on window shading being fully closed where windows are exposed to direct sunlight. Arrangement of partitionsbase building heating, equipment or special purpose areasventilation, or air conditioning service during Business Hours, (b) during Business Hours for heating or air conditioning service to any supplemental HVAC unit installed by Tenant, at Landlord's actual out- of-pocket cost, if any (but without duplication of any charge allocable to Tenant by reason of Section 6.8 below), and (c) at other times upon Tenant's request, subject in each case, to the installation terms and at the rates and charges set forth in Exhibit H attached hereto, and Landlord agrees to provide (or to use all reasonable efforts to cause the Board of equipment with high levels of heat production by the Tenant may require alteration of the portion of the air-Managers to provide) such heating, air conditioning and ventilation is provided to Tenant. Tenant acknowledges and agrees that Landlord shall have no liability or responsibility for any deviation in temperature, humidity or related conditions if such deviation arises from (a) Tenant's effectuation of the distribution throughout the Premises of HVAC service from the point(s) on each floor of the Premises at which the Building or Unit HVAC systems located within meet the HVAC distribution systems of the Premises, (b) Tenant's interior partitioning, existing Improvements or covering of convector units, or (c) any material deviation by Tenant from the assumptions upon which the design specifications set forth in the Building Standards are based to the extent set forth therein. Any alterations Tenant acknowledges that can be accommodated by the Landlord's equipment shall all requests for overtime HVAC are to be made at to the Tenant's expense and Board of Managers in accordance with Section 6.7 hereof. Balancing of the system within the Premises shall be at the Tenant's expense. The Tenant acknowledges that the heating, air-conditioning Condominium Documents and ventilation system serving the Premises or the Building may require initial balancing or that alterations made from time Exhibit H to time whether inside the Premises or in other areas of the Building, may temporarily cause imbalance of the heating, air-conditioning and ventilation system, and the Tenant shall allow a reasonable amount of time for such readjustment and rebalancingthis Lease. (c) Should the Landlord fail to provide sufficient heat or air-conditioning or chilled water at any time it shall not be liable for direct, indirect, or consequential damages, or for personal discomfort or illness.

Heating and Air Conditioning. (a) The Landlord shall provide heat to the Premises during the appropriate heating season and the interior Common Areas (excluding any areas below the main floor and in the penthouse) sufficient to maintain reasonable temperatures during Normal Business Hours. It is understood and accepted by the Tenant that the Landlord may reduce the degree of heating provided after Normal Business Hours in a manner comparable to other comparable office buildings in the City of Toronto of a similar age and in a similar location. The Landlord may enter shall cool the Premises to inspect, control or regulate during the operation of any heating, ventilating and appropriate air-conditioning facilities season by means of such heating and equipment. (b) The Landlord shall provide ventilation and air-conditioning to the Premises and interior Common Areas (excluding any areas below the main floor and in the penthouse) during Normal Business Hours. The systems furnished and operated by the Landlord for air conditioning and ventilation to the Premises are designed for a reasonable density of persons and for general office purposes based on window shading being fully closed where windows are exposed to direct sunlight. Arrangement of partitions, cooling equipment or special purpose areas, or the installation of equipment with high levels of heat production by the Tenant may require alteration of the portion of the air-conditioning and ventilation systems located within the Premises. Any alterations that can be accommodated by the Landlord's equipment as shall be made at the Tenant's expense and in accordance with Section 6.7 hereof. Balancing of the system within the Premises shall be at the Tenant's expense. The Tenant acknowledges that the heating, air-conditioning and ventilation system serving the Premises or the Building may require initial balancing or that alterations made maintained from time to time whether inside time, for the normal use of the Premises or in other areas of the Building, may temporarily cause imbalance of the heating, air-conditioning and ventilation system, and the Tenant shall allow a reasonable amount of time for such readjustment and rebalancingduring Business Hours. (cb) Should If the heating or cooling equipment shall require maintenance, repair or replacement, Landlord fail shall attend to provide sufficient heat or air-conditioning or chilled water at any time it the same with reasonable promptness having regard to the then existing climatic conditions but Landlord shall not be liable for directany losses or damages arising from the resulting lack of heating or cooling, indirectso long as Landlord completes any maintenance, repair or replacement reasonably promptly and, in any event, Landlord shall not be liable for any indirect or consequential damages, losses or damages or any damages for personal discomfort arising from any lack of heating or illnesscooling, whether caused by ▇▇▇▇▇▇▇▇’s negligence or otherwise. c) Landlord shall not be responsible for the inadequacy of any heating or cooling of the Premises if (i) the use or occupancy of the Premises, or (ii) the electrical or other power consumed on the Premises, or (iii) the configuration of partitions or other items on the Premises, or (iv) the failure of Tenant to shade windows interferes with or impairs the functioning of or places a higher demand on equipment or heating or cooling of the Premises. d) If Tenant desires heating or cooling of the Premises outside Business Hours, the same may be arranged on reasonable advance notice to Landlord and Tenant shall, if required by Landlord, pay for same as an Excess Cost. e) Landlord’s costs of compliance with this section 9.2 shall be included in Operating Costs.