Common use of HVAC Usage Clause in Contracts

HVAC Usage. The second grammatical paragraph in Section (b) of Exhibit “E” attached to the Lease is hereby deleted in its entirety and replaced with the following: “Upon one (1) day prior notice by Tenant given during Building Operating Hours, Landlord will furnish such air conditioning and heating at other times (that is, other than the times specified above), in which case Tenant shall reimburse Landlord for all reasonable actual costs (currently $10.00 per hour) for any heating and air conditioning provided to the Demised Premises during days and times other than the Building Operating Hours (the “After Hours Rate”). Tenant hereby requests that Landlord furnish heating and air conditioning to the Demised Premises each weekday beginning at 4:00 a.m. (“Early Morning HVAC Service”). Tenant shall notify Landlord at least 24 hours in advance if it does not require such Early Morning HVAC Service for a particular day (or by 4:00 p.m. on the Friday preceding any Monday or Tuesday that Tenant does not require Early Morning HVAC Service). All Early Morning HVAC Service shall be billed and paid by Tenant at the After Hours Rate. Any sums due hereunder shall be paid by Tenant to Landlord together with the installment of Base Rental which is due next following receipt by Tenant of a billing from Landlord for such sums. Tenant acknowledges and agrees that the use of the boiler during the months of May, June, July, August and September will not be necessary.”

Appears in 2 contracts

Sources: Lease Agreement (Wells Real Estate Fund I), Lease Agreement (Wells Real Estate Fund I)