OWNER'S SERVICES. A. As long as no Event of Default shall exist under this Lease, Owner shall provide: (1) necessary elevator service on Business Days from 8:00 A.M. to 6:00 P.M., and on Saturdays from 8:00 A.M. to 1:00 P.M., and have one (1) elevator subject to call all other times; (2) heat to the Premises, when and as required by Legal Requirements, on Business Days from 8:00 A.M. to 6:00 P.M.; (3) Building-standard cleaning services for the Premises on Business Days, provided, however, that (a) the Premises are kept in neat order and condition by Tenant, (b) Tenant shall pay Owner the cost of removal of any of the Tenant’s refuse and rubbish from the Building beyond normal office requirements, (c) Tenant, at Tenant’s sole cost and expense, shall cause all portions of the Premises used for the storage, preparation, service or consumption of food and beverages to be cleaned daily in a manner satisfactory to Owner, and (d) Tenant shall comply with any recycling program and/or refuse disposal program (including, without limitation, any program related to the recycling, separation or other disposal of paper, glass or metals) which Owner shall impose or which shall be required pursuant to any Legal Requirements; and (4) distribution within the Premises through the air conditioning and mechanical ventilating system and equipment of the Building (the “HVAC System”) of: (i) cool air at reasonable temperatures, pressures and degrees of humidity, and in reasonable volume and velocities at suitable locations, from 8:00 A.M. to 6:00 P.M. on Business Days from May 15th through September 30th, both dates inclusive, and (ii) mechanical ventilation of the Premises from 8:00 A.M. to 6:00 P.M. on Business Days from October 1st through May 14th, both dates inclusive; it being agreed and understood that if Tenant desires such air conditioning or mechanical ventilation services at times of day other than those hereinabove specified, Owner will furnish the same upon reasonable advance notice through the Building’s helpdesk system, currently workspeed, and Tenant shall pay for such additional services at Owner’s established Building-standard rates, or if no standard rates are established, at reasonable rates to be agreed upon before the services are rendered. B. Owner reserves the right to stop all or some of the Building Systems and Building services, including the cleaning and elevator services, as aforesaid, if any, when necessary by reason of accident or for repairs, alterations, replacements or improvements necessary or desirable in the judgment of Owner, for as long as may be reasonably required by reason thereof. Owner shall have no responsibility or liability for interruption, curtailment or failure to supply and/or operate heating, air-conditioning, elevator, electrical, plumbing or other Building Systems when prevented by Force Majeure or any Legal Requirement or due to the exercise of its right to stop service as provided in this Section 18 B. The exercise of such right or such failure by Owner shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any compensation or to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Owner or its agents by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
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Sources: Lease Agreement (Polarityte, Inc.), Lease Agreement (Polarityte, Inc.)