Common use of HVAC Clause in Contracts

HVAC. (i) Landlord shall maintain and operate the heating, ventilation and air conditioning systems in the Building and shall furnish heat, ventilation and air conditioning in the Promises through such systems, during the hours from 8:00 A.M. to 6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, Sundays and the days observed by the Federal or the Connecticut government as legal holidays) (“Business Hours”). If Tenant shall require ventilating and air conditioning service or heating service at any other time (hereinafter called “after hours”), Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord’s then established charges therefor on Landlord’s demand (presently $35.00 per hour, subject to future increase). (ii) Landlord will not be responsible for the failure of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Premises with more than one person for each 150 rentable square feet in any room or area within the Premises, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five (5) ▇▇▇▇▇ per square foot of floor area in any one room or other area. If due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the air conditioning in the Premises results, necessitating changes in the air conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at Tenant’s sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun’s position whenever the air conditioning system is in operation, and Tenant agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Premises. (iii) In the event that Tenant elects to use any supplemental heating, ventilation and air conditioning system or exhaust fans (a “Supplemental HVAC System”) presently available to service the Premises or requires a new Supplemental HVAC System to service the Premises (the installation of which shall be subject to the provisions of Articles 3 and 41 hereof) then, without limiting the generality of Articles 3 and 41, the following provisions shall apply to such Supplemental HVAC System: (a) for a new installation, the type of Supplemental HVAC System, its location and the method of installation shall be subject to Landlord’s approval; (b) all costs of installation (as applicable) and removal of the Supplemental HVAC System at the end of the term shall be payable by Tenant; (c) Tenant shall at all times maintain a service contract for the Supplemental HVAC System with a contractor acceptable to Landlord; and (d) the Supplemental HVAC System will be separately metered for electricity as follows: Tenant will pay for the installation of a demand watt-hour check meter(s) and related equipment (the location(s) of which shall be subject to Landlord’s approval) to monitor the consumption of electricity by the Supplemental HVAC system. The demand watt-hour check meter shall not measure the electricity usage for the regular HVAC service provided to the Premises. Maintenance and recalibration of the installation and wiring shall be Tenant’s responsibility. Tenant shall pay to Landlord on a monthly basis, as additional rent, the cost of such electrical consumption at the average rate Landlord is paying the utility therefor (including without limitation sales taxes and surcharges thereon, plus $25.00 per month as compensation for Landlord’s administrative expenses).

Appears in 2 contracts

Sources: Sub Lease Agreement (Loxo Oncology, Inc.), Lease Agreement (Loxo Oncology, Inc.)

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 during the “HVAC System Hours” (defined below). Tenant shall have the right to specify the hours of availability of the BB HVAC System which may be determined separately for each Complex (the “HVAC System Hours”); provided, however, (i) Landlord any initial determination or changes to the HVAC System Hours shall maintain and operate the heatingrequire at least thirty (30) days prior notice to Landlord, ventilation and air conditioning systems in the Building and shall furnish heatnot be effective until the first day of the subsequent calendar month occurring after the expiration of the thirty (30) day period, ventilation and air conditioning in (ii) the Promises through such systemsHVAC System Hours shall consist of, during at a minimum, the hours from of 8:00 A.M. to 6:00 P.M. on business days Monday through Friday, and (which term is used herein to mean all days except Saturdaysiii) the HVAC System Hours shall consist only of consecutive time periods, Sundays and the days observed by the Federal or the Connecticut government as legal holidays) (“Business Hours”)determined on a daily basis. If Tenant shall require ventilating and air conditioning service or heating service at any other time (hereinafter called “after hours”), Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord’s then established charges therefor on Landlord’s demand (presently $35.00 per hour, subject to future increase). (ii) Landlord will not be responsible for the failure of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Premises with more than one person for each 150 rentable square feet in any room or area within the Premises, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five (5) ▇▇▇▇▇ per square foot of floor area in any one room or other area. If due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the air conditioning in the Premises results, necessitating changes in the air conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at Tenant’s sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun’s position whenever the air conditioning system is in operation, and Tenant agrees at all times to cooperate fully with Landlord at all times and to abide by all the regulations and requirements which that Landlord may reasonably prescribe for the proper functioning and protection of the air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Premises. (iii) In the event that Tenant elects to use any supplemental heating, ventilation and air conditioning system or exhaust fans (a “Supplemental BB HVAC System”) presently available to service . If the Premises or requires a new Supplemental HVAC System Hours consist of more than seventy-five (75) hours per week (“Excess Hours”), then Landlord shall supply such HVAC to service the Premises Tenant at Landlord’s actual cost (the installation of which shall be subject to treated as Additional Rent, but not as an Operating Expense) on a zone-by-zone basis, including the provisions cost of Articles 3 and 41 hereof) then, without limiting increased depreciation on the generality of Articles 3 and 41, the following provisions shall apply to such Supplemental HVAC System: (a) for a new installation, the type of Supplemental BB HVAC System, its location but excluding the cost of electricity to the extent already paid for directly by Tenant, but including the electrical costs specified as follows. Landlord shall reasonably and equitably allocate the method portion of installation shall be subject to Landlord’s approval; (b) all the electrical costs of installation (as applicable) and removal the BB HVAC System attributable to Tenant’s direct use of the Supplemental BB HVAC System at for the end of the term shall be payable by Excess Hours to Tenant; (c) , and Tenant shall at all times maintain a service contract for the Supplemental HVAC System with a contractor acceptable to Landlord; and (d) the Supplemental HVAC System will be separately metered for electricity as follows: Tenant will pay for the installation costs of a demand watt-hour check meter(ssuch direct use along with the increased depreciation as set forth above, within thirty (30) days after demand, and related equipment as Additional Rent under this Lease (and not as part of the Operating Expenses) (the location(s) of which shall be subject to Landlord’s approval) to monitor the consumption of electricity by the Supplemental “Extra HVAC system. The demand watt-hour check meter shall not measure the electricity usage for the regular HVAC service provided to the Premises. Maintenance and recalibration of the installation and wiring shall be Tenant’s responsibility. Tenant shall pay to Landlord on a monthly basis, as additional rent, the cost of such electrical consumption at the average rate Landlord is paying the utility therefor (including without limitation sales taxes and surcharges thereon, plus $25.00 per month as compensation for Landlord’s administrative expensesCosts”).

Appears in 2 contracts

Sources: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)

HVAC. (i) Landlord shall maintain and operate the furnish heating, ventilation and air conditioning systems cooling (“HVAC”) 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 Laws or the Green Standards. HVAC service shall be subject to periodic maintenance, repair or other minor interruptions in service for safety or health reasons. HVAC and lighting shall be provided as part of Operating Costs from 7:00 a.m. until 6:00 p.m., Monday through Friday (excluding holidays regularly observed by comparable office buildings in the Building market) and shall furnish heat, ventilation and air conditioning in the Promises through such systems, during the hours on Saturday from 8:00 A.M. a.m. to 6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, Sundays and the days observed by the Federal or the Connecticut government as legal holidays) 1:00 p.m. (“Business Building Hours”). HVAC and lighting will be available outside of Building Hours through the Building’s automated web-based controls system. If Tenant shall require ventilating and air conditioning service requires HVAC or heating service at any other time (hereinafter called “after hours”)lighting during hours or on days not included in Building Hours, Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant may activate such services through the Building’s web-based controls system. If Tenant activates such services Tenant shall pay Landlord’s then established charges therefor Landlord its customary hourly charge for providing after-hours services which shall be based on Landlord’s demand (presently $35.00 per hourreasonably estimated costs of providing such services including Landlord’s reasonable allocation of the costs for electricity, subject natural gas, water, sewer, water treatment, labor, metering, filtration, equipment depreciation, wear and tear and repairs and maintenance to future increase). (ii) provide such services. Landlord will not 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 failure full cost of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Premises with more than one person for each 150 rentable square feet in any room or area within the Premises, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five (5) ▇▇▇▇▇ per square foot of floor area in any one room or other area. If due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the air conditioning in the Premises results, necessitating changes in the air conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at Tenant’s sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun’s position whenever the air conditioning system is in operation, and Tenant agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air conditioning modifications and/or supplemental HVAC system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Premises. (iii) In the event that Tenant elects to use any supplemental heating, ventilation and air conditioning system or exhaust fans (a “Supplemental HVAC System”) presently available to service the Premises or requires a new Supplemental HVAC System to service the Premises (the installation of which shall be subject All changes to the provisions of Articles 3 and 41 hereof) then, without limiting the generality of Articles 3 and 41, the following provisions shall apply to such Supplemental Building’s HVAC System: (a) for a new installation, the type of Supplemental HVAC System, its location and the method of installation system shall be subject to Landlord’s approval; (b) all costs of installation (as applicable) approval and removal of the Supplemental HVAC System at the end of the term shall be payable designed and installed by Tenant; (c) Tenant shall at all times maintain a service contract for the Supplemental HVAC System with a contractor acceptable to Landlord; and (d) the Supplemental HVAC System will be separately metered for electricity as follows: Tenant will pay for the installation of a demand watt-hour check meter(s) and related equipment (the location(s) of which shall be subject to Landlord’s approvaldesignated 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 monitor the consumption of electricity by the Supplemental install supplemental HVAC system. The demand watt-hour check meter shall not measure the electricity usage for the regular HVAC equipment to service provided to the Premises. Maintenance and recalibration of the installation and wiring shall be Tenant’s responsibility. Tenant shall pay operate, maintain, repair and replace when necessary any supplemental HVAC equipment installed in the Building to Landlord on a monthly basis, as additional rent, serve the cost of such electrical consumption at the average rate Landlord is paying the utility therefor (including without limitation sales taxes and surcharges thereon, plus $25.00 per month as compensation for Landlord’s administrative expenses)Premises.

Appears in 2 contracts

Sources: Office Lease (Impinj Inc), Office Lease (Impinj Inc)

HVAC. In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, the Building shall be equipped with a heating and air conditioning (“HVAC”) system serving the 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 during the “HVAC System Hours” (defined below). Tenant shall have the right to specify the hours of availability of the BB HVAC System (the “HVAC System Hours”); provided, however, (i) Landlord any initial determination or changes to the HVAC System Hours shall maintain and operate the heatingrequire at least thirty (30) days prior notice to Landlord, ventilation and air conditioning systems in the Building and shall furnish heatnot be effective until the first day of the subsequent calendar month occurring after the expiration of the thirty (30) day period, ventilation and air conditioning in (ii) the Promises through such systemsHVAC System Hours shall consist of, during at a minimum, the hours from of 8:00 A.M. to 6:00 P.M. on business days Monday through Friday, and (which term is used herein to mean all days except Saturdaysiii) the HVAC System Hours shall consist only of consecutive time periods, Sundays and the days observed by the Federal or the Connecticut government as legal holidays) (“Business Hours”)determined on a daily basis. If Tenant shall require ventilating and air conditioning service or heating service at any other time (hereinafter called “after hours”), Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord’s then established charges therefor on Landlord’s demand (presently $35.00 per hour, subject to future increase). (ii) Landlord will not be responsible for the failure of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Premises with more than one person for each 150 rentable square feet in any room or area within the Premises, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five (5) ▇▇▇▇▇ per square foot of floor area in any one room or other area. If due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the air conditioning in the Premises results, necessitating changes in the air conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at Tenant’s sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun’s position whenever the air conditioning system is in operation, and Tenant agrees at all times to cooperate fully with Landlord at all times and to abide by all the regulations and requirements which that Landlord may reasonably prescribe for the proper functioning and protection of the air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Premises. (iii) In the event that Tenant elects to use any supplemental heating, ventilation and air conditioning system or exhaust fans (a “Supplemental BB HVAC System”) presently available to service . If the Premises or requires a new Supplemental HVAC System Hours consist of more than seventy-five (75) hours per week (“Excess Hours”), then Landlord shall supply such HVAC to service the Premises Tenant at Landlord’s actual cost (the installation of which shall be subject to treated as Additional Rent, but not as an Operating Expense), including the provisions cost of Articles 3 and 41 hereof) then, without limiting increased depreciation on the generality of Articles 3 and 41, the following provisions shall apply to such Supplemental HVAC System: (a) for a new installation, the type of Supplemental BB HVAC System, its location but excluding the cost of electricity to the extent already paid for directly by Tenant, but including the electrical costs specified as follows. Landlord shall reasonably and equitably allocate the method portion of installation shall be subject to Landlord’s approval; (b) all the electrical costs of installation (as applicable) and removal the BB HVAC System attributable to Tenant’s direct use of the Supplemental BB HVAC System at for the end of the term shall be payable by Excess Hours to Tenant; (c) , and Tenant shall at all times maintain a service contract for the Supplemental HVAC System with a contractor acceptable to Landlord; and (d) the Supplemental HVAC System will be separately metered for electricity as follows: Tenant will pay for the installation costs of a demand watt-hour check meter(ssuch direct use along with the increased depreciation as set forth above, within thirty (30) days after demand, and related equipment as Additional Rent under this Lease (and not as part of the Operating Expenses) (the location(s) of which shall be subject to Landlord’s approval) to monitor the consumption of electricity by the Supplemental “Extra HVAC system. The demand watt-hour check meter shall not measure the electricity usage for the regular HVAC service provided to the Premises. Maintenance and recalibration of the installation and wiring shall be Tenant’s responsibility. Tenant shall pay to Landlord on a monthly basis, as additional rent, the cost of such electrical consumption at the average rate Landlord is paying the utility therefor (including without limitation sales taxes and surcharges thereon, plus $25.00 per month as compensation for Landlord’s administrative expensesCosts”).

Appears in 2 contracts

Sources: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)

HVAC. (i) Landlord In accordance with the “Base Building” definition as provided in Section 1 of the Work Letter, each Building shall maintain and operate the heating, ventilation be equipped with a heating and air conditioning systems (“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 Building and shall furnish heatPremises, ventilation and air conditioning in the Promises through such systemsassuming an office occupancy density no greater than one (1) person for any 125 rentable square feet of space, during the hours from 8:00 A.M. to 6:00 P.M. on business days Monday through Friday (which term is used herein to mean all days except Saturdays, Sundays and the days observed by the Federal or the Connecticut government as legal holidays) (Business 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”). If Tenant shall require ventilating and air conditioning service or heating service at any other time (hereinafter called “after hours”), Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenant, and Tenant shall pay Landlord’s then established charges therefor on Landlord’s demand (presently $35.00 per hour, subject to future increase). (ii) Landlord will not be responsible for the failure of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Premises with more than one person for each 150 rentable square feet in any room or area within the Premises, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five (5) ▇▇▇▇▇ per square foot of floor area in any one room or other area. If due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the air conditioning in the Premises results, necessitating changes in the air conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at Tenant’s sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun’s position whenever the air conditioning system is in operation, and Tenant agrees at all times to cooperate fully with Landlord at all times and to abide by all the regulations and requirements which that Landlord may reasonably prescribe for the proper functioning and protection of the air conditioning systemBB HVAC System. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Premises. (iii) In the event that If Tenant elects desires to use any supplemental heatingHVAC during hours other than Building Hours, ventilation and air conditioning system or exhaust fans Tenant shall give Landlord’s property management office such prior notice (a “Supplemental HVAC System”) presently available to service the Premises or requires a new Supplemental HVAC System to service the Premises (the installation of which shall be subject via telephone or an on-line system), if any, as Landlord reasonably shall from time to the provisions time establish as appropriate, of Articles 3 Tenant’s desired use of HVAC, and 41 hereof) then, without limiting the generality of Articles 3 and 41, the following provisions Landlord shall apply supply such HVAC to Tenant at such Supplemental HVAC System: hourly cost to Tenant (a) for a new installation, the type of Supplemental HVAC System, its location and the method of installation shall be subject to Landlord’s approval; (b) all costs of installation (as applicable) and removal of the Supplemental HVAC System at the end of the term shall be payable by Tenant; (c) Tenant shall at all times maintain a service contract for the Supplemental HVAC System with a contractor acceptable to Landlord; and (d) the Supplemental HVAC System will be separately metered for electricity as follows: Tenant will pay for the installation of a demand watt-hour check meter(s) and related equipment (the location(s) of which shall be subject treated as Additional Rent) as Landlord shall from time to time establish, provided that such costs shall be Landlord’s approval) to monitor the consumption good faith estimate of electricity by the Supplemental HVAC system. The demand watt-hour check meter shall not measure the electricity usage for the regular HVAC service provided to the Premises. Maintenance and recalibration of the installation and wiring shall be Tenant’s responsibility. Tenant shall pay to Landlord on a monthly basis, as additional rent, the cost of providing such electrical consumption at the average rate Landlord is paying the utility therefor (including without limitation sales taxes and surcharges thereon, plus $25.00 per month as compensation service with no markup for profit to Landlord’s administrative expenses).

Appears in 2 contracts

Sources: Lease Agreement (Dropbox, Inc.), Lease Agreement (Dropbox, Inc.)

HVAC. (i) Landlord shall maintain and operate the furnish heating, ventilation and air conditioning systems (“HVAC”) 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 the Building (with good faith efforts to try and maintain temperatures between 72 and 76 degrees Fahrenheit), subject to compliance with all applicable mandatory governmental regulations and laws. Tenant shall not, without Landlord’s prior written consent, use any equipment or lighting not typically found in other tenant spaces in the Building which generate excessive heat and shall furnish heat, ventilation and air conditioning thereby affects the ambient temperature otherwise maintained in the Promises through such systems, during the hours from 8:00 A.M. to 6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, Sundays and the days observed Premises by the Federal HVAC system under normal operation. In the event such equipment or lighting affects the Connecticut government ambient temperature, as legal holidays) (“Business Hours”). If Tenant shall require ventilating and air conditioning service or heating service at any other time (hereinafter called “after hours”), Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenantreasonably determined by Landlord, and Tenant shall pay Landlord’s then established charges therefor on Landlord’s demand (presently $35.00 per hour, subject to future increase). (iidoes not discontinue using such item(s) Landlord will not be responsible for the failure of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Premises with more than one person for each 150 rentable square feet in any room or area within the Premises, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five (5) ▇▇▇▇▇ per square foot days of floor area in Tenant’s receipt of Landlord’s written notice specifying the non-typical equipment or lighting, Landlord shall have the right to install any one room machinery or other area. If due equipment which Landlord determines necessary to use of restore temperature balance, including, without limitation, modifications to the Premises in a manner exceeding the aforementioned occupancy and electrical load criteria, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the standard air conditioning in the Premises results, necessitating changes in the air conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at Tenant’s sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun’s position whenever the air conditioning system is in operationequipment, and Tenant agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air conditioning system. Landlordcost thereof, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Premises. (iii) In the event that Tenant elects to use any supplemental heating, ventilation and air conditioning system or exhaust fans (a “Supplemental HVAC System”) presently available to service the Premises or requires a new Supplemental HVAC System to service the Premises (the installation of which shall be subject to the provisions of Articles 3 and 41 hereof) then, without limiting the generality of Articles 3 and 41, the following provisions shall apply to such Supplemental HVAC System: (a) for a new installation, the type of Supplemental HVAC System, its location and the method of installation shall be subject to Landlord’s approval; (b) all costs of installation (as applicable) and removal of the Supplemental HVAC System at the end of the term shall be payable by Tenant; (c) Tenant shall at all times maintain a service contract for the Supplemental HVAC System with a contractor acceptable to Landlord; and (d) the Supplemental HVAC System will be separately metered for electricity as follows: Tenant will pay for the installation of a demand watt-hour check meter(s) and related equipment (the location(s) of which shall be subject to Landlord’s approval) to monitor the consumption of electricity by the Supplemental HVAC system. The demand watt-hour check meter shall not measure the electricity usage for the regular HVAC service provided to the Premises. Maintenance and recalibration of the installation and wiring shall be Tenant’s responsibility. Tenant shall pay to Landlord on a monthly basis, as additional rent, including the cost of such electrical consumption at the average rate installation and any additional cost of operation and maintenance incurred thereby, shall be paid by Tenant to Landlord is paying the utility therefor within fifteen (including without limitation sales taxes and surcharges thereon, plus $25.00 per month as compensation for 15) days of Tenant’s receipt of Landlord’s administrative expenses)invoice with reasonable substantiation for all amounts. Landlord makes no representation with respect to the adequacy or fitness of the HVAC equipment in the Building 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 therewith.

Appears in 1 contract

Sources: Office Lease (Sailpoint Technologies Holdings, Inc.)

HVAC. (ia) Landlord shall provide heat to the Premises and the interior Common Areas sufficient to maintain reasonable temperatures during Normal Business Hours. It is understood and operate accepted by Tenant that Landlord may reduce the degree of heating provided after Normal Business Hours in a manner comparable to other comparable office buildings of a similar age and in a similar location. Landlord may enter the Premises at any time in order to inspect, control or regulate the operation of any heating, ventilating and air-conditioning facilities and equipment. b) Landlord shall provide ventilation and air-conditioning to the Premises during Normal Business Hours. The systems furnished and operated by 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 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 Landlord’s equipment shall be made at Tenant’s expense and in accordance with Article 5.2 hereof. Tenant acknowledges that the heating, air-conditioning and ventilation and air conditioning systems in 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 shall furnish heat, ventilation and air conditioning in the Promises through such systems, during the hours from 8:00 A.M. to 6:00 P.M. on business days (which term is used herein to mean all days except Saturdays, Sundays and the days observed by the Federal or the Connecticut government as legal holidays) (“Business Hours”). If Tenant shall require ventilating and air conditioning service or heating service at any other time (hereinafter called “after hours”), Landlord shall furnish after hours ventilating and air conditioning service or heating service upon reasonable advance notice from Tenantsystem, and Tenant shall pay Landlord’s then established charges therefor on Landlord’s demand (presently $35.00 per hour, subject to future increase)allow a reasonable amount of time for such readjustment and rebalancing. (iic) Should Landlord will fail to provide sufficient heat or air-conditioning or chilled water at any time it shall not be responsible liable for the failure of the air conditioning system to meet industry-standard performance specifications if such failure results from the occupancy of the Premises with more than one person for each 150 rentable square feet in any room or area within the Premisesdirect, indirect, or if the Tenant installs and operates machines and appliances, the installed electrical load of which when combined with the load of all lighting fixtures exceeds five (5) ▇▇▇▇▇ per square foot of floor area in any one room or other area. If due to use of the Premises in a manner exceeding the aforementioned occupancy and electrical load criteriaconsequential damages, or due to rearrangement of partitioning after the initial preparation of the Premises, interference with normal operation of the air conditioning in the Premises results, necessitating changes in the air conditioning system servicing the Premises, such changes shall be made by Landlord upon written notice to Tenant at Tenant’s sole cost and expense. Tenant agrees to lower and close window coverings when necessary because of the sun’s position whenever the air conditioning system is in operation, and Tenant agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of the air conditioning system. Landlord, throughout the term of this Lease, shall have free and unrestricted access to any and all air conditioning facilities in the Premisespersonal discomfort or illness. (iii) In the event that Tenant elects to use any supplemental heating, ventilation and air conditioning system or exhaust fans (a “Supplemental HVAC System”) presently available to service the Premises or requires a new Supplemental HVAC System to service the Premises (the installation of which shall be subject to the provisions of Articles 3 and 41 hereof) then, without limiting the generality of Articles 3 and 41, the following provisions shall apply to such Supplemental HVAC System: (a) for a new installation, the type of Supplemental HVAC System, its location and the method of installation shall be subject to Landlord’s approval; (b) all costs of installation (as applicable) and removal of the Supplemental HVAC System at the end of the term shall be payable by Tenant; (c) Tenant shall at all times maintain a service contract for the Supplemental HVAC System with a contractor acceptable to Landlord; and (d) the Supplemental HVAC System will be separately metered for electricity as follows: Tenant will pay for the installation of a demand watt-hour check meter(s) and related equipment (the location(s) of which shall be subject to Landlord’s approval) to monitor the consumption of electricity by the Supplemental HVAC system. The demand watt-hour check meter shall not measure the electricity usage for the regular HVAC service provided to the Premises. Maintenance and recalibration of the installation and wiring shall be Tenant’s responsibility. Tenant shall pay to Landlord on a monthly basis, as additional rent, the cost of such electrical consumption at the average rate Landlord is paying the utility therefor (including without limitation sales taxes and surcharges thereon, plus $25.00 per month as compensation for Landlord’s administrative expenses).

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Sources: Lease (Meta Materials Inc.)