Common use of HVAC Clause in Contracts

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, each Building shall be equipped with a heating and air conditioning (“HVAC”) system serving the applicable Building (the “BB HVAC System”). Subject to limitations imposed by all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System service for normal comfort for normal office use in the Premises, assuming an office occupancy density no greater than one (1) person for any 125 rentable square feet of space, from 8:00 A.M. to 6:00 P.M. Monday through Friday (the “Building Hours”), except for the date of observation of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and, at Landlord’s discretion, other locally or nationally recognized holidays (collectively, the “Holidays”). Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If Tenant desires to use HVAC during hours other than Building Hours, Tenant shall give Landlord’s property management office such prior notice (which shall be via telephone or an on-line system), if any, as Landlord reasonably shall from time to time establish as appropriate, of Tenant’s desired use of HVAC, and Landlord shall supply such HVAC to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish, provided that such costs shall be Landlord’s good faith estimate of the cost of providing such service with no markup for profit to Landlord.

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work LetterLandlord shall furnish heating, each Building shall be equipped with a heating ventilation and air conditioning cooling (“HVAC”) system serving to the Premises 24-hours-a-day, 7-days-a-week, at such temperatures and in such amounts as are reasonably considered by Landlord to be standard for a customary density and office layout for the Building or as may be limited or controlled in time or amount by applicable Building (Laws or the “BB Green Standards. HVAC System”). Subject service shall be subject to limitations imposed by all governmental rulesperiodic maintenance, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System repair or other minor interruptions in service for normal comfort for normal office use in the Premisessafety or health reasons. HVAC and lighting shall be provided as part of Operating Costs from 7:00 a.m. until 6:00 p.m., assuming an office occupancy density no greater than one (1) person for any 125 rentable square feet of space, from 8:00 A.M. to 6:00 P.M. Monday through Friday (excluding holidays regularly observed by comparable office buildings in the market) and on Saturday from 8:00 a.m. to 1:00 p.m. (“Building Hours”), except for . HVAC and lighting will be available outside of Building Hours through the date of observation of New YearBuilding’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and, at Landlord’s discretion, other locally or nationally recognized holidays (collectively, the “Holidays”). Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC Systemautomated web-based controls system. If Tenant desires to use requires HVAC or lighting during hours other than or on days not included in Building Hours, Tenant may activate such services through the Building’s web-based controls system. If Tenant activates such services Tenant shall give Landlord’s property management office such prior notice (pay Landlord its customary hourly charge for providing after-hours services which shall be via telephone or an on-line system), if any, as Landlord reasonably shall from time to time establish as appropriate, of Tenant’s desired use of HVAC, and Landlord shall supply such HVAC to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish, provided that such costs shall be based on Landlord’s good faith estimate of the cost reasonably estimated costs of providing such service with no markup services including Landlord’s reasonable allocation of the costs for profit electricity, natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to provide such services. Landlord shall invoice Tenant on a monthly basis for the prior month’s consumption and the payment shall be due on the first day of the following month. If Tenant’s layout or particular use of the Premises requires modifications to the Building’s HVAC system provided as part of the Base Building as described in Exhibit C-1, or requires a supplemental HVAC system to enable the Building’s HVAC system to maintain the Premises at the appropriate temperature, Tenant shall be responsible for the full cost of such modifications and/or supplemental HVAC system. All changes to the Building’s HVAC system shall be subject to Landlord’s approval and shall be designed and installed by Landlord’s designated contractors. If Tenant installs any equipment in the Premises (including server rooms or data centers) or uses a layout or density that requires additional HVAC above and beyond the level Landlord determines is standard for office users in the Building, Landlord may require Tenant, at Tenant’s own expense, to install supplemental HVAC equipment to service the Premises. Tenant shall operate, maintain, repair and replace when necessary any supplemental HVAC equipment installed in the Building to serve the Premises.

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work LetterLandlord shall furnish heating, each Building shall be equipped with a heating ventilation and air conditioning (“HVAC”) in amounts required for the use and occupancy of the Premises for normal office purposes. The HVAC system serving for the applicable Building (shall be designed and installed in accordance with the Base Building Plans and Specifications set forth in Exhibit “BB D” hereto. Tenant shall not, without Landlord’s prior written consent, use any equipment or lighting or occupy the Premises with personnel so that heat generated by such use or occupancy affects the ambient temperature otherwise maintained in the Premises by the HVAC System”)system under normal operation. Subject to limitations imposed by all governmental rules, regulations and guidelines applicable theretoIn the event such use or occupancy affects the ambient temperature, Landlord shall provide BB have the right to install any machinery or equipment which Landlord reasonably deems necessary to restore temperature balance, including without limitation, modifications to the standard air conditioning equipment, and the cost thereof including the cost of installation and any additional cost of operation and maintenance incurred thereby, shall be paid by Tenant to Landlord upon demand by Landlord. Landlord makes no representation with respect to the adequacy or fitness of the HVAC System service for normal comfort for normal office use equipment in the PremisesBuilding to maintain temperatures that may be required for, assuming an office occupancy density or because of, any equipment of Tenant, and Landlord shall have no greater liability for loss or damage in connection therewith. Landlord shall also provide HVAC services during other than one Normal Working Hours (“After Hours HVAC”), subject to the following terms and conditions: (1) person Landlord shall provide the After Hours HVAC pursuant to any automated system installed for any 125 rentable square feet the Building in accordance with Exhibit “D” hereto, or, if no such automated system is installed, in the event Tenant gives Landlord advance notice of space, from 8:00 A.M. to 6:00 P.M. its need for such service no later than 5:00 p.m. on Monday through Friday (except holidays referred to above) that Tenant requires the services, and upon at least two (2) hours advance notice on weekends or holidays that Tenant requires the service. (2) Landlord will provide the After Hours HVAC at the “Building Hours”), except for the date of observation of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and, at Landlord’s discretion, other locally or nationally recognized holidays (collectively, the “Holidays”)Actual Cost,” defined in Section 7.2 below. Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If Tenant desires to use HVAC during hours other than Building Hours, Tenant shall give Landlord’s property management office such prior notice (which The foregoing direct charges shall be via telephone or an on-line system), if any, as Landlord reasonably shall from time to time establish as appropriate, of Tenant’s desired use of HVAC, and Landlord shall supply such HVAC to payable by Tenant at such hourly cost to Tenant (which shall be treated as Additional RentRent on the next rent payment date at least fifteen (15) as Landlord shall from time to time establish, provided that such costs shall be Landlord’s good faith estimate days following submission of the cost of providing such service with no markup for profit to a reasonably detailed invoice therefor by Landlord.

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work LetterLandlord shall furnish heat, each Building shall be equipped with a heating ventilation and air air-conditioning (collectively “HVAC”) system serving to the applicable Building (the “BB HVAC System”). Subject to limitations imposed by all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System service for normal comfort for normal office use in the Demised Premises, assuming an office as is, in Landlord’s reasonable judgment, necessary for comfortable occupancy density no greater than one (1) person for any 125 rentable square feet of spacethe Demised Premises, from 8:00 A.M. to 6:00 P.M. Monday through Friday from 7:00 a.m. to 6:00 p.m. and Saturday from 9:00 a.m. to 2:00 p.m., and excluding Sundays and holidays (the “Building Hours”), except for the date of observation of meaning New Year’s Day, Memorial Day, Independence DayJuly 4th, Labor Day, Thanksgiving Day and Christmas Day). HVAC required by Tenant at other times (“Additional HVAC”) shall be supplied upon reasonable prior notice, Christmas Day andand shall be paid for by Tenant, promptly upon billing, at Landlord’s discretionsuch rates as Landlord shall, other locally or nationally recognized holidays from time to time, establish therefore. The cost for Additional HVAC shall be Fifty Dollars (collectively, the “Holidays”). Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe $50.00) per hour for the proper functioning first hour of use and protection Twenty Five Dollars ($25.00) per hour for each hour of the BB HVAC System. If Tenant desires to use HVAC during hours other than Building Hoursthereafter, Tenant shall give Landlord’s property management office such prior notice (which costs shall be via telephone or an on-line system), if any, as Landlord reasonably shall subject to increase at any time and from time to time establish based upon increases in Landlord’s costs in providing HVAC. In the event that another tenant(s) of the Building and Tenant share the same HVAC zone, and Tenant and such other tenant(s) simultaneously require Additional HVAC, the cost for such HVAC shall be prorated between Tenant and such other tenant(s). The HVAC system intended to serve the Demised Premises has been designed to be capable of achieving the performance standards specified for Standard Tenant Work, and, in the event what such system fails to achieve such standards, Landlord shall, promptly after notice to it of such failure, take such reasonable actions which are within its control to cause such standards to be met; but Landlord shall not be required to take any such actions, and shall not be reasonable for such failure, if such failure results from a cause for which Tenant is responsible under the terms of this Lease, or from the occupancy of the Demised Premises in excess of the density specified for Standard Tenant Work, or if the equipment and appliances operated within the Demised Premises, when combined with all lighting fixtures in the Demised Premises, have an installed electrical load in excess of five (5) w▇▇▇▇ per rentable square foot. Notwithstanding the foregoing, in the event that Tenant’s Construction Documents indicate that Tenant requires an installed electrical load in excess of five (5) w▇▇▇▇ per rentable square foot (such as appropriate, in connection with Tenant’s installation of Tenant’s desired Air Conditioning Unit (hereinafter defined), Landlord will make available to Tenant the electric power necessary to provide for an installed electrical load up to six (6) w▇▇▇▇ per rentable square foot at the electrical panel on the floor of the Demised Premises and no connection fee shall be charged to Tenant for such additional capacity. The furnishing of HVAC System services shall be subject to any statute, ordinance, rule, regulation, resolution or recommendation for energy conservation which may be promulgated by any governmental agency or organization with which Landlord shall be required, or in good faith may elect to, abide. Tenant agrees to comply with such rules and regulations respecting the use of HVAC, and Landlord shall supply such the HVAC to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) system as Landlord shall may from time to time establish. After Landlord has completed the Tenant Work, provided that such costs shall be upon Landlord’s good faith estimate prior written consent, Tenant may install a self-contained package air conditioning unit (Tenant’s Air Conditioning Unit”) for twenty-four (24) hour use at Tenant’s sole cost and expense, (including costs related to equipment, installation and maintenance of the cost unit, liability and consumption of providing such service with no markup for profit to Landlordelectricity).

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work LetterSubject to limitations imposed by Applicable Laws, each Building Landlord shall be equipped with a heating provide heating, ventilation and air conditioning (“HVAC”) system serving in a manner consistent with the applicable Building (the “BB HVAC System”). Subject to limitations imposed by all governmental rulesClass A Standard, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System service when necessary for normal comfort for normal office use in the Premises, assuming an office occupancy density no greater than one (1) person for any 125 rentable square feet of space, Premises from 8:00 7:00 A.M. to 6:00 P.M. Monday through Friday and on Saturdays from 8:00 A.M. to 1:00 P.M. (collectively, the “Building Hours”), except for the date of observation of New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and, at Landlord’s discretion, other locally or nationally recognized holidays (collectively, the “Holidays”). Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If Tenant desires to use HVAC during hours other than Building Hours, Tenant shall give Landlord’s property management office Landlord such prior notice (which shall be via telephone or an on-line system)notice, if any, as Landlord reasonably shall from time to time reasonably establish consistent with the Class A Standard as appropriate, of Tenant’s desired use of in order to supply such HVAC, and Landlord shall supply such HVAC utilities to Tenant at such hourly cost the Actual Cost, as that term is defined, below; provided, however, the first fifteen (15) hours per week, as determined on a per zone basis within the entire Premises, of after-hours HVAC shall be provided to Tenant without charge. For purposes of this Lease, “Actual Cost” shall mean the actual cost incurred by Landlord (which shall be treated to the extent not duplicative of costs included in Operating Expenses), as Additional Rent) as reasonably determined by Landlord shall from time to time establishincluding reasonable depreciation and actual, provided that such costs shall be Landlord’s good faith estimate of the cost of providing such service with no markup out-of-pocket, incremental administration costs, but without charge for profit to Landlordoverhead or profit.

HVAC. In accordance with Throughout the “Base Building” definition as provided in Section 1 of the Work LetterTerm, each Building shall be equipped with a heating and air conditioning (“HVAC”) system serving the applicable Building (the “BB HVAC System”). Subject to limitations imposed by all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System service for normal comfort for normal office use in the Premises, assuming an office occupancy density no greater than one (1) person for any 125 rentable square feet of space, on Business Days from 8:00 A.M. to ------------------- 6:00 P.M. Monday through Friday P.M., Landlord shall furnish to the Premises heating and cooling service. If Tenant shall require additional heating or cooling service at any times other than the hours and days above specified, Tenant shall provide not less than twenty-four (24) hours prior notice to Landlord. In such event, Tenant shall pay to Landlord the then-applicable overtime HVAC charges as may from time to time be established by Landlord in its reasonable discretion. Tenant shall not install any supplementary or auxiliary HVAC equipment to serve the Premises without Landlord's prior consent in each instance. Landlord shall not be responsible if the normal operation of the building system providing heating and cooling to the Premises (the “Building Hours”)"HVAC System") shall fail to provide cooled or heated air by reason of (i) any machinery or equipment installed by or on behalf of Tenant, except for the date or (11) any alterations, additions or improvements made or performed by or on behalf of observation of New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and, at Landlord’s discretion, other locally or nationally recognized holidays (collectively, the “Holidays”)Tenant. Tenant at all times shall cooperate fully with Landlord at all times and shall abide by all the rules and regulations and requirements that which Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If Without limitation, in the event Tenant desires introduces into the Premises personnel or equipment which overloads the capacity of the HVAC system or in any other way interferes with the system's ability to use perform adequately its proper functions, or which affects the temperature otherwise maintained by the HVAC during hours other than Building Hourssystem, supplementary systems may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's sole cost and expense and Tenant shall give Landlord’s property management office such prior notice (which shall be via telephone or an on-line system), if any, as reimburse Landlord reasonably shall from time to time establish as appropriate, of Tenant’s desired use of HVAC, and Landlord shall supply such HVAC to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish, provided that such costs shall be Landlord’s good faith estimate of the cost of providing such service with no markup for profit to Landlordtherefore upon demand.

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, each Building shall be equipped with a heating and air conditioning (“HVAC”) system serving the applicable Building (the “BB HVAC System”). Subject to limitations imposed reasonable changes implemented by Landlord and all governmental rules, regulations and guidelines applicable thereto, Landlord shall provide BB HVAC System service heating, ventilation and air conditioning (“HVAC”) when necessary for normal comfort for normal office use in the Premises, assuming an office occupancy density no greater than one (1) person for any 125 rentable square feet of space, Premises from 8:00 A.M. to 6:00 P.M. Monday through Friday (collectively, the “Building Hours”), except for the date of observation of New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and, at Landlord’s discretion, other locally or nationally recognized holidays (collectively, the “Holidays”). Tenant shall cooperate fully with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the BB HVAC System. If Tenant desires to use HVAC during hours other than Building Hours, Tenant shall give Landlord’s property management office Landlord such prior notice (which shall be via telephone or an on-line system)notice, if any, as Landlord reasonably shall from time to time establish as appropriate, of Tenant’s desired use of in order to supply such HVAC, and Landlord shall supply such HVAC to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. As of the date of this Lease, provided that such costs the prevailing rates for HVAC service outside of Building Hours is $160.00 per hour, per suite (subject to change from time to time in Landlord’s sole discretion), which service shall be Landlord’s good faith estimate of the cost of providing such service with no markup for profit to Landlord.at least two (2) hours and thereafter is provided in one (1) hour increments