Common use of HVAC Clause in Contracts

HVAC. Notwithstanding anything contained in the Lease (as amended hereby) to the contrary, Landlord shall, at Landlord's sole cost and expense, remove and replace all HVAC units which have not been replaced with new HVAC units since the Commencement Date (the "HVAC WORK") that service or are otherwise located on or about the Building or Project in accordance with the HVAC Requirements (as hereinafter defined). All replacement HVAC units (collectively, the "HVAC Requirements") (i) shall be new first-grade units, (ii) shall have sufficient capacity to meet the HVAC Specifications for (A) Tenant's use of the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) for office and production purposes in the same manner that Tenant is using the Premises as of the date of this Third Amendment, (B) Tenant's use of the Third Expansion Premises as production space and (C) Tenant's use of the Fourth Expansion Premises as office space, (iii) servicing the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) shall be distributed in a manner consistent with Tenant's use of the Premises as of the date of this Third Amendment (i.e. the HVAC units shall be reconnected to the existing duct work located in the Premises), (iv) shall be installed and connected to existing zoning systems with new thermostat controls that include programmable temperature controls (i.e. set-backs) and (v) shall be installed by licensed contractors, in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances. All HVAC Work shall be commenced by Landlord upon the date of full execution and delivery of this Third Amendment by Landlord and Tenant and completed as soon thereafter as is practicable (with the use of diligent efforts by Landlord and its contractors), except the HVAC Work relating specifically to the Fourth Expansion Premises which, subject to Excused Delays, shall be completed within sixty (60) days after Tenant notifies Landlord of its election to lease the Fourth Expansion Premises. Furthermore, except with respect to the HVAC Work relating to the Third Expansion Premises and the Fourth Expansion Premises which may be performed at any time of day, all HVAC Work shall be performed outside of Tenant's normal business hours (i.e. after 5:00 p.m. [Minneapolis time] on business days and at any time on non-business days) and, in any case, in a manner that minimizes interference with Tenant's business operations and use and quiet enjoyment of the Premises. Notwithstanding anything in the Lease to the contrary, Tenant's Proportionate Share of Operating Costs solely as they relate to the maintenance, repair and replacement of all HVAC units serving the Building shall be fixed at the HVAC Cap (i.e., $.20 annually per square foot of the Premises) for the period commencing on the first (1st) month following substantial completion of all HVAC Work and ending on the expiration date of the Initial Term (as the same may be extended to the expiration date of the first Renewal Term if Tenant exercises its option to extend the Term for the first Renewal Term) (the "HVAC CAP ADJUSTMENT PERIOD"); it being further agreed and understood that during the HVAC Cap Adjustment Period such agreement by Tenant to pay the HVAC Cap (i) shall be in lieu of all other payments and costs associated with repairing, replacing and maintaining (other than routine semi-annual filter changes) the HVAC units serving the Building including, without limitation, all costs associated with the HVAC Maintenance Contract and (ii) shall be factored in when calculating the Operating Cost Cap. Following the HVAC Cap Adjustment Period, the provisions concerning Operating Costs, including all caps of Operating Costs relating thereto (i.e. the Operating Cost Cap, the HVAC Cap and the Roof Cap), shall again be applicable to Tenant's obligation to pay its Proportionate Share of Operating Costs for the entire Premises.

HVAC. Notwithstanding anything contained Furnish heat, ventilation and air conditioning to the Premises, Monday through Friday from 8:00 AM to 6:00 PM, holidays excepted; holidays, as such term is used in this Lease, shall mean days observed as holidays by the United States government, the Commonwealth of Pennsylvania, the County of Xxxxxxx or the Township of Tredyffrin, as well as days declared as holidays in any union contract affecting the operations of the Building; heat, ventilation and air conditioning required by Tenant at other times shall be supplied upon reasonable prior notice and shall be paid for by Tenant, promptly upon billing, at such rates as Landlord shall establish therefor; the air conditioning and heating systems intended to service the Premises have been designed to maintain the inside temperatures set forth in Paragraph C of Exhibit "E" hereto; Landlord shall not be responsible for the failure of the air conditioning system to meet the aforesaid performance specifications if such failure results from the occupancy of the Premises in excess of that set forth in Paragraph C of Exhibit "E" or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds the number of xxxxx per square foot of floor area set forth in said Paragraph C; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord's costs of supplying air conditioning resulting from such excess, at such rates as Landlord shall establish therefor; 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 heating, ventilating or air conditioning in the Lease (as amended hereby) to Premises results, necessitating changes in the contrarysystem servicing the Premises, such changes may be made by Landlord shall, upon request by Tenant at LandlordTenant's sole cost and expense, remove subject to the provisions of section (b) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord and replace to abide by all HVAC units of the regulations and requirements which have not been replaced with new HVAC units since Landlord may prescribe for the Commencement Date (proper functioning and protection of the "HVAC WORK") that service or are otherwise located on or about said heating, ventilating and air conditioning system; the Building or Project in accordance with the HVAC Requirements (as hereinafter defined). All replacement HVAC units (collectivelyforegoing heating, the "HVAC Requirements") (i) ventilating and air conditioning services shall be new first-grade units, (ii) shall have sufficient capacity to meet the HVAC Specifications for (A) Tenant's use of the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) for office and production purposes in the same manner that Tenant is using the Premises as of the date of this Third Amendment, (B) Tenant's use of the Third Expansion Premises as production space and (C) Tenant's use of the Fourth Expansion Premises as office space, (iii) servicing the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) shall be distributed in a manner consistent with Tenant's use of the Premises as of the date of this Third Amendment (i.e. the HVAC units shall be reconnected to the existing duct work located in the Premises), (iv) shall be installed and connected to existing zoning systems with new thermostat controls that include programmable temperature controls (i.e. set-backs) and (v) shall be installed by licensed contractors, in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances. All HVAC Work shall be commenced by Landlord upon the date of full execution and delivery of this Third Amendment by Landlord and Tenant and completed as soon thereafter as is practicable (with the use of diligent efforts by Landlord and its contractors), except the HVAC Work relating specifically to the Fourth Expansion Premises which, subject to Excused Delaysany statute, shall be completed within sixty (60) days after Tenant notifies Landlord of its election to lease the Fourth Expansion Premises. Furthermoreordinance, except with respect to the HVAC Work relating to the Third Expansion Premises and the Fourth Expansion Premises rule, regulation, resolution or recommendation for energy conservation which may be performed at promulgated by any time of day, all HVAC Work governmental agency or organization and which Landlord in good faith may elect to abide by or shall be performed outside of Tenant's normal business hours (i.e. after 5:00 p.m. [Minneapolis time] on business days and at any time on non-business days) and, in any case, in a manner that minimizes interference with Tenant's business operations and use and quiet enjoyment of the Premises. Notwithstanding anything in the Lease required to the contrary, Tenant's Proportionate Share of Operating Costs solely as they relate to the maintenance, repair and replacement of all HVAC units serving the Building shall be fixed at the HVAC Cap (i.e., $.20 annually per square foot of the Premises) for the period commencing on the first (1st) month following substantial completion of all HVAC Work and ending on the expiration date of the Initial Term (as the same may be extended to the expiration date of the first Renewal Term if Tenant exercises its option to extend the Term for the first Renewal Term) (the "HVAC CAP ADJUSTMENT PERIOD"); it being further agreed and understood that during the HVAC Cap Adjustment Period such agreement by Tenant to pay the HVAC Cap (i) shall be in lieu of all other payments and costs associated with repairing, replacing and maintaining (other than routine semi-annual filter changes) the HVAC units serving the Building including, without limitation, all costs associated with the HVAC Maintenance Contract and (ii) shall be factored in when calculating the Operating Cost Cap. Following the HVAC Cap Adjustment Period, the provisions concerning Operating Costs, including all caps of Operating Costs relating thereto (i.e. the Operating Cost Cap, the HVAC Cap and the Roof Cap), shall again be applicable to Tenant's obligation to pay its Proportionate Share of Operating Costs for the entire Premises.abide by;

HVAC. Notwithstanding anything contained Furnish heat, ventilation and air conditioning to the Premises, twenty-four (24) hours per day, three hundred sixty-five (365) days per year; year-round heating, ventilating, and air conditioning providing reasonably comfortable conditions (no warmer than 74°F (within reasonable tolerances) in summer months, at no higher than 50% humidity, and at no less than 72°F (within reasonable tolerances) in winter months), provided that in any given room or area of Tenant's demised premises, the occupancy does not exceed one person for each 150 square feet, and total electric load does not exceed 5 xxxxx per sq. ft. for all purposes, including lighting and power; Landlord shall not be responsible for the failure of the air conditioning system to meet the foregoing design performance specifications if such failure results from excess occupancy of the Premises or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds 5 xxxxx per sq. ft.; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord's costs of supplying air conditioning resulting from such excess, at such rates as Landlord shall reasonably establish therefor; 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 heating, ventilating or air conditioning in the Lease (as amended hereby) to Premises results, necessitating changes in the contrarysystem servicing the Premises, such changes may be made by Landlord shall, upon request by Tenant at LandlordTenant's sole cost and expense, remove subject to the provisions of section (b) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord and replace to abide by all HVAC units of the regulations and requirements which have not been replaced with new HVAC units since Landlord may prescribe for the Commencement Date (proper functioning and protection of the "HVAC WORK") that service or are otherwise located on or about said heating, ventilating and air conditioning system; the Building or Project in accordance with the HVAC Requirements (as hereinafter defined). All replacement HVAC units (collectivelyforegoing heating, the "HVAC Requirements") (i) ventilating and air conditioning services shall be new first-grade units, (ii) shall have sufficient capacity to meet the HVAC Specifications for (A) Tenant's use of the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) for office and production purposes in the same manner that Tenant is using the Premises as of the date of this Third Amendment, (B) Tenant's use of the Third Expansion Premises as production space and (C) Tenant's use of the Fourth Expansion Premises as office space, (iii) servicing the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) shall be distributed in a manner consistent with Tenant's use of the Premises as of the date of this Third Amendment (i.e. the HVAC units shall be reconnected to the existing duct work located in the Premises), (iv) shall be installed and connected to existing zoning systems with new thermostat controls that include programmable temperature controls (i.e. set-backs) and (v) shall be installed by licensed contractors, in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances. All HVAC Work shall be commenced by Landlord upon the date of full execution and delivery of this Third Amendment by Landlord and Tenant and completed as soon thereafter as is practicable (with the use of diligent efforts by Landlord and its contractors), except the HVAC Work relating specifically to the Fourth Expansion Premises which, subject to Excused Delaysany statute, shall be completed within sixty (60) days after Tenant notifies Landlord of its election to lease the Fourth Expansion Premises. Furthermoreordinance, except with respect to the HVAC Work relating to the Third Expansion Premises and the Fourth Expansion Premises rule, regulation, resolution or recommendation for energy conservation which may be performed at promulgated by any time of day, all HVAC Work governmental agency or organization and which Landlord in good faith may elect to abide by or shall be performed outside required to abide by. Notwithstanding the foregoing or anything to the contrary contained herein, Tenant shall be solely responsible at its sole cost and expense, for the maintenance and repair of any supplemental heat, ventilation and air conditioning unit in the Premises whether installed by Tenant or in the Premises on the Commencement Date. Supplemental HVAC will be limited to any HVAC equipment for Tenant's normal business hours (i.e. after 5:00 p.m. [Minneapolis time] data center, currently located on business days and at any time on non-business days) and, in any case, in a manner that minimizes interference with Tenant's business operations and use and quiet enjoyment the third floor of the Premises. Notwithstanding anything in Building and for the Lease to the contrary, Tenant's Proportionate Share first-floor room of Operating Costs solely as they relate to the maintenance, repair and replacement of all HVAC units serving the Building shall be fixed at in which the HVAC Cap (i.e., $.20 annually per square foot of the Premises) for the period commencing on the first (1st) month following substantial completion of all HVAC Work and ending on the expiration date of the Initial Term (as the same may be extended to the expiration date of the first Renewal Term if Tenant exercises its option to extend the Term for the first Renewal Term) (the "HVAC CAP ADJUSTMENT PERIOD"); it being further agreed and understood that during the HVAC Cap Adjustment Period such agreement by Tenant to pay the HVAC Cap (i) shall be in lieu of all other payments and costs associated with repairing, replacing and maintaining (other than routine semi-annual filter changes) the HVAC units serving the Building including, without limitation, all costs associated with the HVAC Maintenance Contract and (ii) shall be factored in when calculating the Operating Cost Cap. Following the HVAC Cap Adjustment Period, the provisions concerning Operating Costs, including all caps of Operating Costs relating thereto (i.e. the Operating Cost Cap, the HVAC Cap and the Roof Cap), shall again be applicable to Tenant's obligation to pay its Proportionate Share of Operating Costs for the entire Premises.UPS batteries are housed;

HVAC. Notwithstanding anything contained Furnish heat, ventilation and air conditioning to the Premises, twenty-four (24) hours per day, three hundred sixty-five (365) days per year; year-round heating, ventilating, and air conditioning providing reasonably comfortable conditions (no warmer than 74ºF (within reasonable tolerances) in summer months, at no higher than 50% humidity, and at no less than 72°F (within reasonable tolerances) in winter months), provided that in any given room or area of Tenant’s demised premises, the occupancy does not exceed one person for each 150 square feet, and total electric load does not exceed 5 xxxxx per sq. ft. for all purposes, including lighting and power; Landlord shall not be responsible for the failure of the air conditioning system to meet the foregoing design performance specifications if such failure results from excess occupancy of the Premises or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds 5 xxxxx per sq. ft.; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess, at such rates as Landlord shall reasonably establish therefor; 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 heating, ventilating or air conditioning in the Lease (as amended hereby) to Premises results, necessitating changes in the contrarysystem servicing the Premises, such changes may be made by Landlord shall, upon request by Tenant at Landlord's Tenant’s sole cost and expense, remove subject to the provisions of section (b) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord and replace to abide by all HVAC units of the regulations and requirements which have not been replaced with new HVAC units since Landlord may prescribe for the Commencement Date (proper functioning and protection of the "HVAC WORK") that service or are otherwise located on or about said heating, ventilating and air conditioning system; the Building or Project in accordance with the HVAC Requirements (as hereinafter defined). All replacement HVAC units (collectivelyforegoing heating, the "HVAC Requirements") (i) ventilating and air conditioning services shall be new first-grade units, (ii) shall have sufficient capacity to meet the HVAC Specifications for (A) Tenant's use of the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) for office and production purposes in the same manner that Tenant is using the Premises as of the date of this Third Amendment, (B) Tenant's use of the Third Expansion Premises as production space and (C) Tenant's use of the Fourth Expansion Premises as office space, (iii) servicing the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) shall be distributed in a manner consistent with Tenant's use of the Premises as of the date of this Third Amendment (i.e. the HVAC units shall be reconnected to the existing duct work located in the Premises), (iv) shall be installed and connected to existing zoning systems with new thermostat controls that include programmable temperature controls (i.e. set-backs) and (v) shall be installed by licensed contractors, in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances. All HVAC Work shall be commenced by Landlord upon the date of full execution and delivery of this Third Amendment by Landlord and Tenant and completed as soon thereafter as is practicable (with the use of diligent efforts by Landlord and its contractors), except the HVAC Work relating specifically to the Fourth Expansion Premises which, subject to Excused Delaysany statute, shall be completed within sixty (60) days after Tenant notifies Landlord of its election to lease the Fourth Expansion Premises. Furthermoreordinance, except with respect to the HVAC Work relating to the Third Expansion Premises and the Fourth Expansion Premises rule, regulation, resolution or recommendation for energy conservation which may be performed at promulgated by any time of day, all HVAC Work governmental agency or organization and which Landlord in good faith may elect to abide by or shall be performed outside required to abide by. Notwithstanding the foregoing or anything to the contrary contained herein, Tenant shall be solely responsible at its sole cost and expense, for the maintenance and repair of any supplemental heat, ventilation and air conditioning unit in the Premises whether installed by Tenant or in the Premises on the Commencement Date. Supplemental HVAC will be limited to any HVAC equipment for Tenant's normal business hours (i.e. after 5:00 p.m. [Minneapolis time] ’s data center, currently located on business days and at any time on non-business days) and, in any case, in a manner that minimizes interference with Tenant's business operations and use and quiet enjoyment the third floor of the Premises. Notwithstanding anything in Building and for the Lease to the contrary, Tenant's Proportionate Share first-floor room of Operating Costs solely as they relate to the maintenance, repair and replacement of all HVAC units serving the Building shall be fixed at in which the HVAC Cap (i.e., $.20 annually per square foot of the Premises) for the period commencing on the first (1st) month following substantial completion of all HVAC Work and ending on the expiration date of the Initial Term (as the same may be extended to the expiration date of the first Renewal Term if Tenant exercises its option to extend the Term for the first Renewal Term) (the "HVAC CAP ADJUSTMENT PERIOD"); it being further agreed and understood that during the HVAC Cap Adjustment Period such agreement by Tenant to pay the HVAC Cap (i) shall be in lieu of all other payments and costs associated with repairing, replacing and maintaining (other than routine semi-annual filter changes) the HVAC units serving the Building including, without limitation, all costs associated with the HVAC Maintenance Contract and (ii) shall be factored in when calculating the Operating Cost Cap. Following the HVAC Cap Adjustment Period, the provisions concerning Operating Costs, including all caps of Operating Costs relating thereto (i.e. the Operating Cost Cap, the HVAC Cap and the Roof Cap), shall again be applicable to Tenant's obligation to pay its Proportionate Share of Operating Costs for the entire Premises.UPS batteries are housed;

HVAC. Notwithstanding anything contained in the Lease (as amended hereby) to the contrary, Landlord shall, at Landlord's sole cost From and expense, remove and replace all HVAC units which have not been replaced with new HVAC units since after the Commencement Date (the "HVAC WORK") that service or are otherwise located on or about the Building or Project Date, in accordance with standards appropriate for a first-class office building, furnish heat, ventilation and air-conditioning to the HVAC Requirements Premises during Normal Business Hours, as defined in the following paragraph, subject to the following: (as hereinafter defined). All replacement HVAC units A) Heating and/or air-conditioning supplied to Tenant during times other than Normal Business Hours (collectively, the "HVAC Requirements"“Off-Hours HVAC”) (i) required by Tenant shall be new firstsupplied upon reasonable prior notice, and shall be paid for by Tenant as Additional Rent within 30 days after Xxxxxx’s receipt of each bill therefore at the rate equal to Landlord’s actual incremental cost thereof (not including any amount for any increased wear and tear, and taking into accounting other simultaneous users of Off-grade unitsHours HVAC and the amounts required to be paid by them therefore, which amounts shall never be less, on a cost per hour of use basis, for any tenant in the Building than that charged to Tenant); (iiB) Landlord shall have sufficient capacity not be responsible for the failure of the heating or air-conditioning system to meet the HVAC Specifications aforesaid standards if such failure results from occupancy of the Premises by more than an average of one person for each 209 square feet of rentable space or if Tenant uses equipment and the combined electrical load of Tenant’s equipment and Tenant’s lighting fixtures exceeds 6 xxxxx per square foot of floor area in any one room or area; (AC) In addition, if the Premises are used in a manner exceeding the aforementioned occupancy or electric load criteria, Tenant shall pay to Landlord as Additional Rent, within 15 days after Tenant's ’s receipt of each bill therefor, Landlord’s costs of supplying heating or air conditioning resulting from such excess, at such rates as Landlord shall establish therefor; (D) If, due to the use of the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) for office and production purposes in the same manner that Tenant is using the Premises as of the date of this Third Amendment, (B) Tenant's use of the Third Expansion Premises as production space and (C) Tenant's use of the Fourth Expansion Premises as office space, (iii) servicing the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) shall be distributed in a manner consistent with Tenant's use exceeding the aforementioned occupancy or electrical load criteria or if Tenant has requested and installed a supplemental HVAC system, or due to the arrangement of partitioning or the distribution system within the Premises, impairment of normal operation of the Premises as of the date of this Third Amendment (i.e. the HVAC units shall be reconnected to the existing duct work located heating or air-conditioning in the Premises results, necessitating changes in the heating or air-conditioning distribution system within the Premises), (iv) shall such changes may be installed and connected to existing zoning systems with new thermostat controls that include programmable temperature controls (i.e. set-backs) and (v) shall be installed by licensed contractors, in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances. All HVAC Work shall be commenced made by Landlord upon the date of full execution and delivery of this Third Amendment request by Landlord and Tenant and completed as soon thereafter as is practicable (with the use of diligent efforts by Landlord and its contractors), except the HVAC Work relating specifically to the Fourth Expansion Premises whichXxxxxx, subject to Excused Delays, the provisions of Article 12(b); Tenant shall pay to Landlord as Additional Rent the cost of any such change within 30 days after Xxxxxx’s receipt of a bill therefor; (E) Tenant agrees at all times to cooperate fully with Landlord and to abide by all the reasonable regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating and/or air-conditioning system provided same does not materially impact Tenant’s business; (F) The foregoing heating and air-conditioning services shall be completed within sixty (60) days after Tenant notifies Landlord of its election subject to lease the Fourth Expansion Premises. Furthermoreany statute, except with respect to the HVAC Work relating to the Third Expansion Premises and the Fourth Expansion Premises ordinance, rule, regulation, resolution or recommendation for energy conservation which may be performed at promulgated by any time of day, all HVAC Work governmental agency or organization and which Landlord in good faith may elect to abide by or shall be performed outside of Tenant's normal business hours (i.e. after 5:00 p.m. [Minneapolis time] on business days and at any time on non-business days) andby law required to abide by. Tenant shall be responsible for all cleaning, in any case, in a manner that minimizes interference with Tenant's business operations and use and quiet enjoyment of the Premises. Notwithstanding anything in the Lease to the contrary, Tenant's Proportionate Share of Operating Costs solely as they relate to the maintenance, repair repairs and replacement replacements of all supplemental HVAC units serving the Building shall be fixed at the HVAC Cap (i.e., $.20 annually per square foot of the Premises) for the period commencing on the first (1st) month following substantial completion of all HVAC Work equipment and ending on the expiration date of the Initial Term (as the same may be extended to the expiration date of the first Renewal Term if Tenant exercises its option to extend the Term for the first Renewal Term) (the "HVAC CAP ADJUSTMENT PERIOD"); it being further agreed and understood that during the HVAC Cap Adjustment Period such agreement by Tenant to pay the HVAC Cap (i) shall be in lieu of all other payments and costs associated with repairing, replacing and maintaining (other than routine semi-annual filter changes) the HVAC units serving the Building including, without limitation, all costs associated with the HVAC Maintenance Contract and (ii) shall be factored in when calculating the Operating Cost Cap. Following the HVAC Cap Adjustment Period, the provisions concerning Operating Costs, including all caps of Operating Costs relating thereto (i.e. the Operating Cost Cap, the HVAC Cap and the Roof Cap), shall again be applicable to Tenant's obligation to pay its Proportionate Share of Operating Costs for the entire Premisesfacilities.

HVAC. Notwithstanding anything contained in the Lease (In accordance with standards appropriate for a first-class office building attached hereto as amended hereby) Exhibit "G", furnish heat, ventilation and air-conditioning to the contraryPremises during ordinary Business Hours (defined in Article 50.8) by a "Variable Air Volume System", Landlord shallsubject to the following: (A) Heating and/or air-conditioning supplied to Tenant during times other than Ordinary Business Hours ("HVAC Off-Hours") required by Tenant shall be supplied on a floor-by-floor basis upon reasonable prior notice, and shall be paid for by Tenant as Additional Rent within 30 days after Tenant's receipt of each bill therefor, at Landlord's sole cost and expense, remove and replace all HVAC units which have not been replaced with new HVAC units since the Commencement Date (the "HVAC WORK"Off-Hours Rate" (defined in Article 50.4); (B) that service Landlord shall not be responsible for the failure of the heating or are otherwise located on or about the Building or Project in accordance with the HVAC Requirements (as hereinafter defined). All replacement HVAC units (collectively, the "HVAC Requirements") (i) shall be new firstair-grade units, (ii) shall have sufficient capacity conditioning system to meet the HVAC Specifications aforesaid standards if such failure results from occupancy of the Premises by more than an average of one person for (A) each 100 square feet of usable space or if Tenant uses equipment and the combined electrical load of Tenant's equipment exceeds 4.0 watts, 120 volts per square foot of floor area in any one room or arxx; (C) In addition, if the Premises are used in a manner exceeding the aforementioned occupancy or electric load criteria, Tenant shall pay to Landlord as Additional Rent, within 30 days after Tenant's receipt of each bill therefor, Landlord's costs of supplying heating or air conditioxxxx resulting from such excess, at such rates as Landlord shall establish therefor; (D) If, due to the use of the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) for office and production purposes in the same manner that Tenant is using the Premises as of the date of this Third Amendment, (B) Tenant's use of the Third Expansion Premises as production space and (C) Tenant's use of the Fourth Expansion Premises as office space, (iii) servicing the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) shall be distributed in a manner consistent with Tenant's use exceeding the aforementioned occupancy or electrical load criteria or if Tenant has requested and installed a supplemental HVAC system, or due to the arrangement of partitioning or the distribution system within the Premises, impairment of normal operation of the Premises as of the date of this Third Amendment (i.e. the HVAC units shall be reconnected to the existing duct work located heating or air-conditioning in the Premises results, necessitating changes in the heating or air-conditioning distribution system within the Premises), (iv) shall such changes may be installed and connected to existing zoning systems with new thermostat controls that include programmable temperature controls (i.e. set-backs) and (v) shall be installed by licensed contractors, in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances. All HVAC Work shall be commenced made by Landlord upon the date of full execution and delivery of this Third Amendment request by Landlord and Tenant and completed as soon thereafter as is practicable (with the use of diligent efforts by Landlord and its contractors), except the HVAC Work relating specifically to the Fourth Expansion Premises whichTenant, subject to Excused Delays, the provisions of Article 9.2 of this Article 9; Tenant shall pay to Landlord as Additional Rent the cost of any such change within 30 days after Tenant's receipt of a bill therefor; (E) Tenant agrees at all times to cooperate fully witx Xxndlord and to abide by all necessary regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating and/or air-conditioning system; (F) The foregoing heating and air-conditioning services shall be completed within sixty (60) days after Tenant notifies Landlord of its election subject to lease the Fourth Expansion Premises. Furthermoreany statute, except with respect to the HVAC Work relating to the Third Expansion Premises and the Fourth Expansion Premises ordinance, rule, regulation or resolution for energy conservation which may be performed at promulgated by any time of day, all HVAC Work shall be performed outside of Tenant's normal business hours (i.e. after 5:00 p.m. [Minneapolis time] on business days governmental agency or organization and at any time on non-business days) andwhich Landlord shall, in any caseLandlord's reasonable opinion, in a manner that minimizes interference with Tenant's business operations and use and quiet enjoyment of the Premises. Notwithstanding anything in the Lease be by law required to the contrary, Tenant's Proportionate Share of Operating Costs solely as they relate to the maintenance, repair and replacement of all HVAC units serving the Building shall be fixed at the HVAC Cap (i.e., $.20 annually per square foot of the Premises) for the period commencing on the first (1st) month following substantial completion of all HVAC Work and ending on the expiration date of the Initial Term (as the same may be extended to the expiration date of the first Renewal Term if Tenant exercises its option to extend the Term for the first Renewal Term) (the "HVAC CAP ADJUSTMENT PERIOD"); it being further agreed and understood that during the HVAC Cap Adjustment Period such agreement by Tenant to pay the HVAC Cap (i) shall be in lieu of all other payments and costs associated with repairing, replacing and maintaining (other than routine semi-annual filter changes) the HVAC units serving the Building including, without limitation, all costs associated with the HVAC Maintenance Contract and (ii) shall be factored in when calculating the Operating Cost Cap. Following the HVAC Cap Adjustment Period, the provisions concerning Operating Costs, including all caps of Operating Costs relating thereto (i.e. the Operating Cost Cap, the HVAC Cap and the Roof Cap), shall again be applicable to Tenant's obligation to pay its Proportionate Share of Operating Costs for the entire Premisesabide by.

HVAC. Notwithstanding anything contained Furnish heat, ventilation and air conditioning to the Premises at all times, which heating, ventilating and air conditioning system shall be under the control of the Tenant and charged to the Tenant for the Tenant's usage thereof; the air conditioning and heating systems intended to service the Premises have been designed to maintain the inside temperatures set forth in Paragraph C of Exhibit "E" hereto; Landlord shall not be responsible for the failure of the air conditioning system to meet the aforesaid performance specifications if such failure results from the occupancy of the Premises in excess of that set forth in Paragraph C of Exhibit "E" or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds the number of xxxxx per square foot of floor area set forth in said Paragraph C; if the Premises are used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord's costs of supplying air conditioning resulting from such excess, at such rates as Landlord shall establish therefor; 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 heating, ventilating or air conditioning in the Lease (as amended hereby) to Premises results, necessitating changes in the contrarysystem servicing the Premises, such changes may be made by Landlord shall, upon request by Tenant at LandlordTenant's sole cost and expense, remove subject to the provisions of section (b) of this Article 16. Tenant agrees at all times to cooperate fully with Landlord and replace to abide by all HVAC units reasonable regulations and requirements which have not been replaced with new HVAC units since Landlord may prescribe for the Commencement Date (proper functioning and protection of the "HVAC WORK") that service or are otherwise located on or about said heating, ventilating and air conditioning system; the Building or Project in accordance with the HVAC Requirements (as hereinafter defined). All replacement HVAC units (collectivelyforegoing heating, the "HVAC Requirements") (i) ventilating and air conditioning services shall be new first-grade units, (ii) shall have sufficient capacity to meet the HVAC Specifications for (A) Tenant's use of the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) for office and production purposes in the same manner that Tenant is using the Premises as of the date of this Third Amendment, (B) Tenant's use of the Third Expansion Premises as production space and (C) Tenant's use of the Fourth Expansion Premises as office space, (iii) servicing the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) shall be distributed in a manner consistent with Tenant's use of the Premises as of the date of this Third Amendment (i.e. the HVAC units shall be reconnected to the existing duct work located in the Premises), (iv) shall be installed and connected to existing zoning systems with new thermostat controls that include programmable temperature controls (i.e. set-backs) and (v) shall be installed by licensed contractors, in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances. All HVAC Work shall be commenced by Landlord upon the date of full execution and delivery of this Third Amendment by Landlord and Tenant and completed as soon thereafter as is practicable (with the use of diligent efforts by Landlord and its contractors), except the HVAC Work relating specifically to the Fourth Expansion Premises which, subject to Excused Delaysany statute, shall be completed within sixty (60) days after Tenant notifies Landlord of its election to lease the Fourth Expansion Premises. Furthermoreordinance, except with respect to the HVAC Work relating to the Third Expansion Premises and the Fourth Expansion Premises rule, regulation, resolution or recommendation for energy conservation which may be performed at promulgated by any time of day, all HVAC Work governmental agency or organization and which Landlord in good faith may elect to abide by or shall be performed outside of Tenant's normal business hours (i.e. after 5:00 p.m. [Minneapolis time] on business days and at any time on non-business days) and, in any case, in a manner that minimizes interference with Tenant's business operations and use and quiet enjoyment of the Premises. Notwithstanding anything in the Lease required to the contrary, Tenant's Proportionate Share of Operating Costs solely as they relate to the maintenance, repair and replacement of all HVAC units serving the Building shall be fixed at the HVAC Cap (i.e., $.20 annually per square foot of the Premises) for the period commencing on the first (1st) month following substantial completion of all HVAC Work and ending on the expiration date of the Initial Term (as the same may be extended to the expiration date of the first Renewal Term if Tenant exercises its option to extend the Term for the first Renewal Term) (the "HVAC CAP ADJUSTMENT PERIOD"); it being further agreed and understood that during the HVAC Cap Adjustment Period such agreement by Tenant to pay the HVAC Cap (i) shall be in lieu of all other payments and costs associated with repairing, replacing and maintaining (other than routine semi-annual filter changes) the HVAC units serving the Building including, without limitation, all costs associated with the HVAC Maintenance Contract and (ii) shall be factored in when calculating the Operating Cost Cap. Following the HVAC Cap Adjustment Period, the provisions concerning Operating Costs, including all caps of Operating Costs relating thereto (i.e. the Operating Cost Cap, the HVAC Cap and the Roof Cap), shall again be applicable to Tenant's obligation to pay its Proportionate Share of Operating Costs for the entire Premises.abide by;

HVAC. Notwithstanding anything contained in the Lease (In accordance with standards appropriate for a first-class office building attached hereto as amended hereby) Exhibit "G", furnish heat, ventilation and air-conditioning to the contraryPremises during ordinary Business Hours (defined in Article 50.8) by a "Variable Air Volume System", Landlord shallsubject to the following: (A) Heating and/or air-conditioning supplied to Tenant during times other than Ordinary Business Hours ("HVAC Off-Hours") required by Tenant shall be supplied on a floor-by-floor basis upon reasonable prior notice, and shall be paid for by Tenant as Additional Rent within 30 days after Tenant's receipt of each bill xxxrefor, at Landlord's sole cost and expense, remove and replace all HVAC units which have not been replaced with new HVAC units since the Commencement Date (the "HVAC WORK"Off-Hours Rate" (defined in Article 50.4); (B) that service Landlord shall not be responsible for the failure of the heating or are otherwise located on or about the Building or Project in accordance with the HVAC Requirements (as hereinafter defined). All replacement HVAC units (collectively, the "HVAC Requirements") (i) shall be new firstair-grade units, (ii) shall have sufficient capacity conditioning system to meet the HVAC Specifications aforesaid standards if such failure results from occupancy of the Premises by more than an average of one person for (A) each 100 square feet of usable space or if Tenant uses equipment and the combined electrical load of Tenant's equipment exceeds 4.0 wattx, 000 volts per square foot of floor area in any one room or area; (C) In addition, if the Premises are used in a manner exceeding the aforementioned occupancy or electric load criteria, Tenant shall pay to Landlord as Additional Rent, within 30 days after Tenant's receipt of each bill xxxrefor, Landlord's costs of supplying heating or air conditioning resulting from such excess, at such rates as Landlord shall establish therefor; (D) If, due to the use of the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) for office and production purposes in the same manner that Tenant is using the Premises as of the date of this Third Amendment, (B) Tenant's use of the Third Expansion Premises as production space and (C) Tenant's use of the Fourth Expansion Premises as office space, (iii) servicing the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) shall be distributed in a manner consistent with Tenant's use exceeding the aforementioned occupancy or electrical load criteria or if Tenant has requested and installed a supplemental HVAC system, or due to the arrangement of partitioning or the distribution system within the Premises, impairment of normal operation of the Premises as of the date of this Third Amendment (i.e. the HVAC units shall be reconnected to the existing duct work located heating or air-conditioning in the Premises results, necessitating changes in the heating or air-conditioning distribution system within the Premises), (iv) shall such changes may be installed and connected to existing zoning systems with new thermostat controls that include programmable temperature controls (i.e. set-backs) and (v) shall be installed by licensed contractors, in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances. All HVAC Work shall be commenced made by Landlord upon the date of full execution and delivery of this Third Amendment request by Landlord and Tenant and completed as soon thereafter as is practicable (with the use of diligent efforts by Landlord and its contractors), except the HVAC Work relating specifically to the Fourth Expansion Premises whichTenant, subject to Excused Delays, the provisions of Article 9.2 of this Article 9; Tenant shall pay to Landlord as Additional Rent the cost of any such change within 30 days after Tenant's receipt of a bill xxxrefor; (E) Tenant agrees at all times to cooperate fully with Landlord and to abide by all necessary regulations and requirements which Landlord may prescribe for the proper functioning and protection of the heating and/or air-conditioning system; (F) The foregoing heating and air-conditioning services shall be completed within sixty (60) days after Tenant notifies Landlord of its election subject to lease the Fourth Expansion Premises. Furthermoreany statute, except with respect to the HVAC Work relating to the Third Expansion Premises and the Fourth Expansion Premises ordinance, rule, regulation or resolution for energy conservation which may be performed at promulgated by any time of day, all HVAC Work shall be performed outside of Tenant's normal business hours (i.e. after 5:00 p.m. [Minneapolis time] on business days governmental agency or organization and at any time on non-business days) andwhich Landlord shall, in any caseLandlord's reasonable opinion, in a manner that minimizes interference with Tenant's business operations and use and quiet enjoyment of the Premises. Notwithstanding anything in the Lease be by law required to the contrary, Tenant's Proportionate Share of Operating Costs solely as they relate to the maintenance, repair and replacement of all HVAC units serving the Building shall be fixed at the HVAC Cap (i.e., $.20 annually per square foot of the Premises) for the period commencing on the first (1st) month following substantial completion of all HVAC Work and ending on the expiration date of the Initial Term (as the same may be extended to the expiration date of the first Renewal Term if Tenant exercises its option to extend the Term for the first Renewal Term) (the "HVAC CAP ADJUSTMENT PERIOD"); it being further agreed and understood that during the HVAC Cap Adjustment Period such agreement by Tenant to pay the HVAC Cap (i) shall be in lieu of all other payments and costs associated with repairing, replacing and maintaining (other than routine semi-annual filter changes) the HVAC units serving the Building including, without limitation, all costs associated with the HVAC Maintenance Contract and (ii) shall be factored in when calculating the Operating Cost Cap. Following the HVAC Cap Adjustment Period, the provisions concerning Operating Costs, including all caps of Operating Costs relating thereto (i.e. the Operating Cost Cap, the HVAC Cap and the Roof Cap), shall again be applicable to Tenant's obligation to pay its Proportionate Share of Operating Costs for the entire Premisesabide by.

HVAC. Notwithstanding anything contained Furnish heat, ventilation and air conditioning to the Premises on a 24/7 basis subject to interruptions in service once every five years for transformer maintenance which maintenance will be performed and completed on a weekend; the air conditioning and heating systems intended to service the Premises have been designed to maintain the inside temperatures set forth in Paragraph B of Exhibit “E” hereto; Landlord shall not be responsible for the failure of the air conditioning system to meet the aforesaid performance specifications if such failure results from the occupancy of the Premises in excess of that set forth in Paragraph B of Exhibit “E” or if Tenant installs and operates machines and appliances, the installed electrical load of which, when combined with the load of all lighting fixtures, exceeds the number of xxxxx per square foot of floor area set forth in said Paragraph B; if the Premises is used in a manner exceeding the aforementioned occupancy and electric load criteria, Tenant shall pay to Landlord, promptly upon billing, Landlord’s costs of supplying air conditioning resulting from such excess, at such rates as Landlord shall establish therefor; 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 heating, ventilating or air conditioning in the Lease (as amended hereby) to Premises results, necessitating changes in the contrarysystem servicing the Premises, such changes may be made by Landlord shall, upon request by Tenant at Landlord's Tenant’s sole cost and expense, remove and replace all HVAC units which have not been replaced with new HVAC units since subject to the Commencement Date provisions of section (b) of this Article 16. Landlord covenants that unless Landlord so advises Tenant at the "HVAC WORK") that service or are otherwise located on or about time of Landlord’s approval of the Building or Project in accordance with the HVAC Requirements (as hereinafter defined). All replacement HVAC units (collectivelyTenant Construction Plans, the "HVAC Requirements"Tenant Work will not violate (or cause extra charges in connection with) (i) or exceed the occupancy and design load criteria referenced above and set forth in Paragraphs B and C of Exhibit “E”. The foregoing heating, ventilating and air conditioning services shall be new first-grade units, (ii) shall have sufficient capacity to meet the HVAC Specifications for (A) Tenant's use of the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) for office and production purposes in the same manner that Tenant is using the Premises as of the date of this Third Amendment, (B) Tenant's use of the Third Expansion Premises as production space and (C) Tenant's use of the Fourth Expansion Premises as office space, (iii) servicing the Premises (specifically including the First Expansion Premises and the Second Expansion Premises) shall be distributed in a manner consistent with Tenant's use of the Premises as of the date of this Third Amendment (i.e. the HVAC units shall be reconnected to the existing duct work located in the Premises), (iv) shall be installed and connected to existing zoning systems with new thermostat controls that include programmable temperature controls (i.e. set-backs) and (v) shall be installed by licensed contractors, in a good and workmanlike manner and in compliance with all applicable laws, codes and ordinances. All HVAC Work shall be commenced by Landlord upon the date of full execution and delivery of this Third Amendment by Landlord and Tenant and completed as soon thereafter as is practicable (with the use of diligent efforts by Landlord and its contractors), except the HVAC Work relating specifically to the Fourth Expansion Premises which, subject to Excused Delaysany statute, shall be completed within sixty (60) days after Tenant notifies Landlord of its election to lease the Fourth Expansion Premises. Furthermoreordinance, except with respect to the HVAC Work relating to the Third Expansion Premises and the Fourth Expansion Premises rule, regulation, resolution or recommendation for energy conservation which may be performed at promulgated by any time of day, all HVAC Work governmental agency or organization and which Landlord in good faith may elect to abide by or shall be performed outside of Tenant's normal business hours (i.e. after 5:00 p.m. [Minneapolis time] on business days and at any time on non-business days) and, in any case, in a manner that minimizes interference with Tenant's business operations and use and quiet enjoyment of the Premises. Notwithstanding anything in the Lease required to the contrary, Tenant's Proportionate Share of Operating Costs solely as they relate to the maintenance, repair and replacement of all HVAC units serving the Building shall be fixed at the HVAC Cap (i.e., $.20 annually per square foot of the Premises) for the period commencing on the first (1st) month following substantial completion of all HVAC Work and ending on the expiration date of the Initial Term (as the same may be extended to the expiration date of the first Renewal Term if Tenant exercises its option to extend the Term for the first Renewal Term) (the "HVAC CAP ADJUSTMENT PERIOD"); it being further agreed and understood that during the HVAC Cap Adjustment Period such agreement by Tenant to pay the HVAC Cap (i) shall be in lieu of all other payments and costs associated with repairing, replacing and maintaining (other than routine semi-annual filter changes) the HVAC units serving the Building including, without limitation, all costs associated with the HVAC Maintenance Contract and (ii) shall be factored in when calculating the Operating Cost Cap. Following the HVAC Cap Adjustment Period, the provisions concerning Operating Costs, including all caps of Operating Costs relating thereto (i.e. the Operating Cost Cap, the HVAC Cap and the Roof Cap), shall again be applicable to Tenant's obligation to pay its Proportionate Share of Operating Costs for the entire Premises.abide by;