Common use of HVAC Clause in Contracts

HVAC. Landlord will provide, at no additional charge (other than as part of Direct Expenses reimbursed to Landlord by Tenant in accordance with Article 4), heating, ventilation and air conditioning (“HVAC”) service to Suites 110 and 130 during Building Hours (as defined below), in accordance with standards customarily provided in Comparable Buildings. If Tenant requires HVAC service to Suites 110 and/or 130 to be provided by Landlord beyond such Building Hours, then Landlord will furnish the same, provided Tenant gives reasonable advance notice of such requirement and pays for same in accordance with Landlord’s then-current schedule (which shall reflect Landlord’s actual costs which may include a component for customary overhead (i.e., depreciation on equipment, labor charges and a reasonable activation fee to cover administrative costs associated with Tenant’s request for such extra service, if any) but may not include a profit increment). Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Landlord, supplemental HVAC may be provided and/or installed by Tenant anywhere in the Premises, at Tenant’s sole cost and expense, through separate supplemental HVAC units (including, without limitation, CRAC units) which shall be subject to the direct control of, and maintained by, Tenant, at Tenant’s cost; in the event Landlord reasonably determines that such electrical capacity is not available at the Building, then, upon Tenant’s written request, Landlord shall, at Tenant’s cost, reasonably cooperate with Tenant to permit Tenant to add, at Tenant’s cost, equipment and facilities providing additional electrical capacity for Tenant’s use hereunder. Tenant shall not be entitled to tap into Landlord’s chilled water system for the Building or to use any of Landlord’s Building condensers in connection with any such supplemental HVAC equipment installed in the Premises unless Tenant obtains Landlord’s prior written consent thereto (which consent shall not be unreasonably withheld or delayed). The electrical consumption resulting from Tenant’s usage of Tenant’s supplemental HVAC equipment shall be separately submetered, billed to Tenant and paid by Tenant pursuant to Section 6.2 below. Landlord shall not be obligated to provide any HVAC to any other portions of the Premises; such HVAC, to the extent desired by Tenant, shall be provided by Tenant, at Tenant’s cost.

HVAC. Landlord will shall not be obligated to provide (or cause Master Landlord to provide) any HVAC to the Premises; such HVAC, to the extent desired by Tenant, shall be provided by Tenant, at no additional charge (other than as part of Direct Expenses reimbursed to Landlord by Tenant in accordance with Article 4), heating, ventilation and air conditioning (“HVAC”) service to Suites 110 and 130 during Building Hours (as defined below)Tenant’s cost, in accordance with standards customarily provided in Comparable Buildings. If Tenant requires HVAC service to Suites 110 and/or 130 to be provided by Landlord beyond such Building Hours, then Landlord will furnish the same, provided Tenant gives reasonable advance notice following provisions of such requirement and pays for same in accordance with Landlord’s then-current schedule (which shall reflect Landlord’s actual costs which may include a component for customary overhead (i.e., depreciation on equipment, labor charges and a reasonable activation fee to cover administrative costs associated with Tenant’s request for such extra service, if any) but may not include a profit increment)this Section 6.1. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by LandlordMaster Landlord to the extent permitted under the Master Lease, supplemental HVAC may be provided and/or installed by Tenant anywhere in the Premises, at Tenant’s sole cost and expense, through separate supplemental HVAC units (including, without limitation, CRAC units) which shall be subject to the direct control of, and maintained by, Tenant, at Tenant’s cost; in the event Master Landlord to the extent permitted under the Master Lease reasonably determines that such electrical capacity is not available at the Building, then, upon Tenant’s written request, Landlord shall, at Tenant’s cost, cause Master Landlord to reasonably cooperate with Tenant to permit Tenant to add, at Tenant’s cost, equipment and facilities providing additional electrical capacity for Tenant’s use hereunder. Tenant shall not be entitled to tap into Master Landlord’s chilled water system for the Building or to use any of Master Landlord’s Building condensers in connection with any such supplemental HVAC equipment installed in the Premises unless Tenant obtains Master Landlord’s prior written consent thereto (which consent Landlord shall cause Master Landlord not be to unreasonably withheld withhold or delayeddelay). The electrical consumption resulting from Tenant’s usage of Tenant’s supplemental HVAC equipment shall be separately submetered, billed to Tenant and paid by Tenant pursuant to Section 6.2 below. Landlord shall not be obligated to provide any HVAC to any other portions of the Premises; such HVAC, to the extent desired by Tenant, shall be provided by Tenant, at Tenant’s cost.

HVAC. Landlord will provideHeat, at no additional charge (other than as part of Direct Expenses reimbursed to Landlord by Tenant in accordance with Article 4)ventilation, heating, ventilation and air air-conditioning (“HVAC”) service to Suites 110 provide a temperature required, under the specifications stated in the Plans and 130 in accordance with applicable Laws, for the comfortable occupancy of the Premises during Building Hours business hours (as defined in § 8.1.1 below). Landlord shall not be responsible for inadequate air-conditioning or ventilation to the extent the same occurs because Tenant uses any item of equipment consuming more than 500 w▇▇▇▇ at rated capacity without providing adequate air-conditioning and ventilation therefor. Notwithstanding anything to the contrary herein, Landlord agrees to engineer and calibrate, at its sole cost and expense, the 4th Floor portion of the Premises to address the special conditions associated with the Building’s western exposure, and Tenant’s architect or consultants shall be involved in accordance with standards customarily provided the design and engineering of Tenant’s HVAC systems. Landlord agrees that CalAir shall be an approved vendor for Tenant’s Supplemental HVAC System and one of the approved bidders for the HVAC work to be completed as part of Landlord’s Work under the Work Letter Agreement and as specified in Comparable Buildings§ 3.2(ii) above. If Notwithstanding anything to the contrary herein, Tenant requires shall maintain the Supplemental HVAC service System to Suites 110 and/or 130 be installed in the 5th Floor of the Premises as specified in § 3.2(ii) above at Tenant’s cost and expense. The cost to maintain the Supplemental HVAC System shall not be included within Operating Expenses. Tenant’s Supplemental HVAC System shall be separately metered and separately controlled by Tenant, and the cost for Tenant’s use of the Supplemental HVAC System shall be allocated as follows: (a) the cost of the Data Rooms HVAC during normal business hours shall be included in the services to be provided by Landlord beyond such Building Hourshereunder, then Landlord will furnish but Tenant shall be billed for after-hours use of its Data Rooms HVAC as provided in §§ 8.6.1 and 8.6.2 below; and (b) the same, provided Tenant gives reasonable advance notice of such requirement and pays for same in accordance with Landlord’s then-current schedule (which shall reflect Landlord’s actual costs which may include a component for customary overhead (i.e., depreciation on equipment, labor charges and a reasonable activation fee to cover administrative costs associated with Tenant’s request for such extra service, if any) but may not include a profit increment). Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity cost of the Building, as reasonably determined by Landlord, supplemental Southeast Wing HVAC may be provided and/or installed by Tenant anywhere in the Premises, at Tenant’s sole cost and expense, through separate supplemental HVAC units (including, without limitation, CRAC units) which shall be subject to the direct control of, and maintained by, Tenant, at Tenant’s cost; in the event Landlord reasonably determines that such electrical capacity is not available at the Building, then, upon Tenant’s written request, Landlord shall, at Tenant’s cost, reasonably cooperate with Tenant to permit Tenant to add, at Tenant’s cost, equipment and facilities providing additional electrical capacity for Tenant’s use hereunder. Tenant shall not be entitled to tap into Landlord’s chilled water system for the Building or to use any of Landlord’s Building condensers in connection with any such supplemental HVAC equipment installed included in the Premises unless Tenant obtains Landlord’s prior written consent thereto (which consent shall not be unreasonably withheld or delayed). The electrical consumption resulting from Tenant’s usage of Tenant’s supplemental HVAC equipment shall be separately submetered, billed services to Tenant and paid by Tenant pursuant to Section 6.2 below. Landlord shall not be obligated to provide any HVAC to any other portions of the Premises; such HVAC, to the extent desired by Tenant, shall be provided by TenantLandlord hereunder, and Tenant shall be billed for all use of its Southeast Wing HVAC at Tenant’s costall times (including normal business hours) as provided in §§ 8.6.1 and 8.6.2 below.

HVAC. (a) Landlord will provide, at no additional charge (other than as part of Direct Expenses reimbursed to Landlord by Tenant in accordance with Article 4), hereby warrants that the heating, ventilation and air air-conditioning systems servicing the Leased Premises (the “HVAC”) service shall be in good working order as of the Commencement Date. (b) Notwithstanding anything to Suites 110 and 130 during Building Hours (the contrary set forth in Section 7.01 of this Lease, at such time, if at all, as defined below)the cost incurred by Tenant to repair the HVAC in a given calendar year exceeds $5,000.00, in accordance with standards customarily provided in Comparable Buildings. If the aggregate, (i) Tenant requires HVAC service to Suites 110 and/or 130 to shall promptly notify Landlord, which notice shall be provided accompanied by copies of paid invoices evidencing such cost, and (ii) Landlord beyond such Building Hours, then Landlord will furnish the same, provided Tenant gives reasonable advance notice of such requirement and pays for same in accordance with Landlord’s then-current schedule (which shall reflect Landlord’s actual costs which may include a component for customary overhead (i.e., depreciation on equipment, labor charges and a reasonable activation fee to cover administrative costs associated with Tenant’s request for such extra service, if any) but may not include a profit increment). Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s prior consent if and perform all further repairs required to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by HVAC during such calendar year at Landlord, supplemental HVAC may be provided and/or installed by Tenant anywhere in the Premises, at Tenant’s sole cost and expense; provided, through separate supplemental HVAC units (includinghowever, without limitation, CRAC units) which shall be subject to the direct control of, and maintained by, Tenant, at Tenant’s cost; that in the event Landlord reasonably determines that such electrical capacity repair is not available at the Building, then, upon Tenant’s written request, Landlord shall, at Tenant’s cost, reasonably cooperate with Tenant to permit Tenant to add, at Tenant’s cost, equipment and facilities providing additional electrical capacity for Tenant’s use hereunder. Tenant shall not be entitled to tap into Landlord’s chilled water system for the Building or to use any of Landlord’s Building condensers in connection with any such supplemental HVAC equipment installed in the Premises unless Tenant obtains Landlord’s prior written consent thereto (which consent shall not be unreasonably withheld or delayed). The electrical consumption resulting from Tenant’s usage needed as a result of Tenant’s supplemental failure to maintain the HVAC equipment properly or the negligence or willful misconduct of Tenant or Tenant’s agents, employees, contractors or invitees, Tenant shall be separately submeteredrequired to perform the necessary repairs at its sole cost and expense. (c) Notwithstanding anything to the contrary set forth in Section 7.01 of this Lease, billed to and without limiting anything set forth in subsection (b) above, in the event that, during the Lease Term, a particular component of the HVAC requires repair or replacement and the estimated cost for such repair or replacement exceeds $2,000.00 (i) Tenant and paid by Tenant pursuant to Section 6.2 below. shall promptly notify Landlord of the need for such repair or replacement, (ii) Landlord shall not be obligated perform such repair or replacement at its cost and expense (subject to provide any clause (iii) below), and (iii) Tenant shall reimburse Landlord, as Additional Rent, for the cost of such replacement up to $2,000.00; provided, however, that in the event such replacement is needed as a result of Tenant’s failure to maintain the HVAC to any other portions properly or the negligence or willful misconduct of the Premises; such HVACTenant or Tenant’s agents, to the extent desired by Tenantemployees, contractors or invitees, Tenant shall be provided by Tenant, required to perform the necessary replacement at Tenant’s costits sole cost and expense.

HVAC. Landlord will provide, at no additional charge Notwithstanding the provisions of clause (other than as part ii) of Direct Expenses reimbursed to Landlord by Tenant in accordance with Article 4Section 7(a)(i) of the Lease (“Landlord’s Building-Standard HVAC Obligation”), heatingLandlord and Tenant acknowledge and agree: (i) That Tenant’s use of the Premises is not normal office use, ventilation and air conditioning (“HVAC”) service to Suites 110 and 130 during Building Hours (as defined below), in accordance with standards customarily provided in Comparable Buildings. If Tenant requires but includes medical laboratory use requiring supplemental HVAC service to Suites 110 and/or 130 beyond the Building standard HVAC service required to be provided by Landlord beyond such Building Hoursunder the Lease for normal office use; (ii) That the internal air handling, then Landlord distribution and control of HVAC within the Premises (including but not limited to supplemental HVAC units and equipment (the “Existing HVAC Equipment”) was designed and installed by Tenant as part of the Tenant’s Initial Alterations (as defined in the Lease) under the Lease; (iii) That all HVAC work performed as part of the New Work will furnish be performed in accordance with Tenant’s plans and specifications therefor (any HVAC equipment installed as part of the sameNew Work, provided together with the Existing HVAC Equipment, being herein referred to together as “Tenant’s HVAC Equipment”); (iv) That Tenant gives reasonable advance notice shall be solely responsible for the maintenance and repair of Tenant’s HVAC Equipment, and shall, as part of such requirement maintenance and pays for same repair, ensure that all of Tenant’s HVAC Equipment (and any other systems or equipment serving the Premises having an impact on heating, cooling and air quality in the Premises or any other portions of the Building) is properly filtered and vented to the exterior of the Building, in accordance with all applicable legal requirements and Building standards; and (v) That Landlord’s sole obligation with respect to the provision of HVAC to the Premises is to supply heated and refrigerated air at the entry of the portion of the Building HVAC system serving the Premises into the connection with Tenant’s HVAC Equipment in such amounts and at such temperatures as would be adequate to heat and cool the Premises in accordance with Landlord’s thenBuilding-current schedule (which shall reflect Standard HVAC Obligation if the Premises consisted solely of normal office space containing HVAC ducts, air handlers and controls consistent with Landlord’s actual costs which may include a component for customary overhead Building-standard specifications (i.e., depreciation on equipment, labor charges it being specifically understood and a reasonable activation fee to cover administrative costs associated with Tenant’s request for such extra service, if any) but may not include a profit increment). Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Landlord, supplemental HVAC may agreed that in no event shall Landlord be provided and/or installed by Tenant anywhere in the Premises, at Tenant’s sole cost and expense, through separate supplemental HVAC units (including, without limitation, CRAC units) which shall be subject to the direct control of, and maintained by, Tenant, at Tenant’s cost; in the event Landlord reasonably determines that such electrical capacity is not available at the Building, then, upon Tenant’s written request, Landlord shall, at Tenant’s cost, reasonably cooperate with Tenant to permit Tenant to add, at Tenant’s cost, equipment and facilities providing additional electrical capacity for Tenant’s use hereunder. Tenant shall not be entitled to tap into Landlord’s chilled water system responsible for the Building or to use any of Landlord’s Building condensers in connection with any such supplemental HVAC equipment installed in the Premises unless Tenant obtains Landlord’s prior written consent thereto (which consent shall not be unreasonably withheld or delayed). The electrical consumption resulting from Tenant’s usage failure of Tenant’s supplemental HVAC equipment shall be separately submetered, billed Equipment to Tenant and paid by Tenant pursuant to Section 6.2 below. Landlord shall not be obligated to provide any HVAC to any other portions of the Premises; such HVAC, perform in accordance with its design specifications due to the extent desired by Tenantdesign, shall be provided by Tenantinstallation, at Tenant’s costoperation or performance thereof).

HVAC. Landlord will provideTenant, at no additional charge (other than as part of Direct Expenses reimbursed Tenant's expense, shall have the right to Landlord install, ---- maintain, repair and replace from time to time two cooling lines at Tenant's sole expense, not to exceed 6 inches in diameter, through the Building core to support air conditioning systems installed by Tenant in accordance with Article 4), heating, ventilation and air conditioning (“HVAC”) service to Suites 110 and 130 during Building Hours (as defined below), in accordance with standards customarily provided in Comparable Buildings. If Tenant requires HVAC service to Suites 110 and/or 130 to be provided by Landlord beyond such Building Hours, then Landlord will furnish the same, provided Tenant gives reasonable advance notice of such requirement and pays for same in accordance with Landlord’s then-current schedule (which shall reflect Landlord’s actual costs which may include a component for customary overhead (i.e., depreciation on equipment, labor charges and a reasonable activation fee to cover administrative costs associated with Tenant’s request for such extra service, if any) but may not include a profit increment). Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Landlord, supplemental HVAC may be provided and/or installed by Tenant anywhere in the Premises, at Tenant’s sole cost and expense, through separate supplemental HVAC units (including, without limitation, CRAC units) which shall be subject to the direct control of, and maintained by. Additionally, Tenant, at Tenant’s cost; 's expense, shall have the right to install, maintain, repair and replace from time to time condensers/chiller systems in the event Landlord reasonably determines loading dock area or on the roof of the Building in connection with Tenant's separate air conditioning systems, provided that Tenant shall also be required to build a barrier to surround any such electrical capacity is systems in the loading dock and provided further that the footprint necessary for such systems and barrier shall not available at exceed 132 inches wide by 200 inches long without Landlord's written consent. Immediately upon construction of any condenser/chiller systems in the loading dock area or on the roof of the Building, thenthe amount of usable square feet necessary therefor shall become part of the Premises and Tenants Percentage and Base Rent shall be increased to reflect such additional area. Plans and specifications for the installation of such lines and systems shall be subject to Landlord's prior approval, upon Tenant’s written requestwhich approval shall not be unreasonably withheld, delayed or conditioned. Landlord shall, shall run Building chillers other than during Normal Business Hours at Tenant’s cost's request. Each month Tenant shall provide a schedule of hours outside Normal Business Hours that the chiller system shall be run to support its business operations. Landlord and Tenant shall mutually agree on the reasonable hourly' charge for such chiller service, which charge shall not be more than $65 per hour in 1998 (which cap shall be increased in any year after 1998 by the percentage increase in the CPI for that year from the CPI for 1998). "CPI" shall mean the Consumer Price Index for All Urban Consumers (1982- 1984=100) specified for "All Items" as it relates to the Denver, Colorado metropolitan area, as published by the United States Department of Labor, Bureau of Labor Statistics. In case of any dispute over such reasonable hourly charge Landlord shall designate a qualified independent engineer whose decision as to an appropriate hourly charge shall be conclusive on both parties, provided that such charge shall not exceed the maximum amount specified above. If any other tenant in the Building requests HVAC services outside Normal Business Hours, then the hourly charge therefor shall be equitably shared by such other tenant or tenants. In no event shall Landlord be permitted to withhold HVAC services or other services due to a disagreement over the appropriate charge. Landlord shall reasonably cooperate with Tenant with respect to permit Tenant to add, at HVAC requirements in Tenant’s cost, 's equipment and facilities providing additional electrical capacity room; all expenses for Tenant’s use hereunder. Tenant shall not be entitled to tap into Landlord’s chilled water system for the Building or to use any of Landlord’s Building condensers in connection with any such supplemental HVAC equipment installed controls in the Premises unless Tenant obtains Landlord’s prior written consent thereto (which consent shall not be unreasonably withheld or delayed). The electrical consumption resulting from Tenant’s usage of Tenant’s supplemental HVAC equipment room shall be separately submetered, billed to Tenant and paid by Tenant pursuant to Section 6.2 below. Landlord shall not be obligated to provide any HVAC to any other portions of the Premises; such solely Tenant's (except for Building-Standard HVAC, to the extent desired by Tenant, shall be provided by Tenant, at Tenant’s cost).

HVAC. Landlord will provide, at no additional charge (other than as part of Direct Expenses reimbursed to Landlord by Tenant in accordance with Article 4), shall furnish heating, ventilation and air conditioning (“HVAC”) service during Normal Working Hours in the Premises, common area hallways, lobbies and bathrooms as necessary in Landlord’s reasonable judgment for the comfortable use and occupancy of these areas as maintained in comparable buildings not owned or controlled by Landlord or an affiliate in close proximity to Suites 110 the Building (with good faith efforts to try and 130 during Building Hours (as defined belowmaintain temperatures between 72 and 76 degrees Fahrenheit), in accordance with standards customarily provided in Comparable Buildings. If Tenant requires HVAC service to Suites 110 and/or 130 to be provided by Landlord beyond such Building Hours, then Landlord will furnish the same, provided Tenant gives reasonable advance notice of such requirement and pays for same in accordance with Landlord’s then-current schedule (which shall reflect Landlord’s actual costs which may include a component for customary overhead (i.e., depreciation on equipment, labor charges and a reasonable activation fee to cover administrative costs associated with Tenant’s request for such extra service, if any) but may not include a profit increment). Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining all applicable mandatory governmental regulations and laws. Tenant shall not, without Landlord’s prior consent if written consent, use any equipment or lighting not typically found in other tenant spaces in the Building which generate excessive heat and to thereby affects the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of ambient temperature otherwise maintained in the BuildingPremises by the HVAC system under normal operation. In the event such equipment or lighting affects the ambient temperature, as reasonably and objectively determined by Landlord, supplemental HVAC may be provided and/or installed by and Tenant anywhere in the Premises, at does not discontinue using such item(s) within five (5) business days following Tenant’s sole cost and expensereceipt of Landlord’s written notice specifying the non-typical equipment or lighting, through separate supplemental HVAC units (Landlord shall have the right to install any machinery or equipment which Landlord reasonably determines necessary to restore temperature balance, including, without limitation, CRAC units) which modifications to the standard air conditioning equipment, and the actual, reasonable out-of-pocket cost thereof, including the cost of installation and any additional cost of operation and maintenance incurred thereby, shall be subject paid by Tenant to the direct control of, and maintained by, Tenant, at Landlord within fifteen (15) business days following Tenant’s cost; in the event Landlord reasonably determines that such electrical capacity is not available at the Building, then, upon Tenant’s written request, Landlord shall, at Tenant’s cost, reasonably cooperate with Tenant to permit Tenant to add, at Tenant’s cost, equipment and facilities providing additional electrical capacity for Tenant’s use hereunder. Tenant shall not be entitled to tap into Landlord’s chilled water system for the Building or to use any receipt of Landlord’s written invoice with reasonable substantiation for all amounts. Landlord makes no representation with respect to the adequacy or fitness of the HV AC equipment in the Building condensers to maintain temperatures which may be required for, or because of, any equipment of Tenant, and Landlord shall have no liability for loss or damage in connection with any such supplemental HVAC equipment installed in the Premises unless Tenant obtains Landlord’s prior written consent thereto (which consent shall not be unreasonably withheld or delayed). The electrical consumption resulting from Tenant’s usage of Tenant’s supplemental HVAC equipment shall be separately submetered, billed to Tenant and paid by Tenant pursuant to Section 6.2 below. Landlord shall not be obligated to provide any HVAC to any other portions of the Premises; such HVAC, to the extent desired by Tenant, shall be provided by Tenant, at Tenant’s costtherewith.