Replacement of HVAC Units Sample Clauses

Replacement of HVAC Units. The parties hereto acknowledge and agree that there are five (5) HVAC units on the roof of the Building that are currently fifteen years old or older (the "Older HVAC Units"). Such Older HVAC Units are more particularly identified on the plan or list attached hereto as EXHIBIT "G" and made a part hereof. If any Older HVAC Unit fails and requires replacement or, using good business judgment, it becomes more cost effective to replace an Older HVAC Unit than to maintain or repair it, Landlord shall replace such applicable Older HVAC Unit(s) at Landlord's sole cost. The parties hereto acknowledge that there are HVAC units on the roof of the Building that Tenant is unlikely to use during the Lease Term (due to over capacity of the HVAC system servicing the Building) and it is the intention of the parties that Landlord not have to replace any HVAC units that will not be used by Tenant. Prior to the Commencement Date of the Lease, Landlord and Tenant shall enter into good faith negotiations to attempt to agree on the HVAC units, if any, that Tenant will not be using during the Lease Term, and Landlord shall have the right, at Landlord's sole cost, and following not less than forty-eight hours prior notice to Tenant, to remove any such HVAC units that Tenants agree will not be used by Tenant during the Lease Term.
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Replacement of HVAC Units. Within six calendar months of the Substantial Completion Date, Landlord will (on a one-time basis) replace all existing HVAC units for the Existing Premises that have not previously been replaced. Until such time, Landlord shall pay for the costs to repair any such HVAC units that breakdown prior to the replacement thereof. The foregoing notwithstanding, the obligation to maintain the HVAC units (both before and after the replacement thereof as provided in this paragraph) in connection with usual wear and tear shall be Tenant's responsibility as provided under the Lease. This Section 3(g) replaces the second, third and fourth sentences of Section 6 of the Third Amendment to Lease.
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Replacement of HVAC Units. Except as provided in Sections 7.2.1, 7.2.2 and 7.2.3, the costs incurred by Landlord each Lease Year for repair or replacement of the HVAC Units that exceed the $20,000.00 amount contributed by Landlord (as such amount may be increased by accumulations from past Years) for such Lease Year, shall be amortized over the useful
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Replacement of HVAC Units. In addition to the Tenant Improvements, Landlord shall replace twenty-three (23) of the thirty-seven (37) HVAC units serving the 217 Technology Premises (the “Replacement Units”). Landlord shall use its commercially reasonable efforts to cause such replacement of the Replacement Units to be substantially completed prior to the Commencement Date for the 217 Technology Premises. Such replacement of the Replacement Units shall be at Landlord’s sole cost and expense, but, from and after July 1, 2007, the amortized cost of such Replacement Units shall be included in Project Costs payable by Tenant subject to the applicable terms and provisions of Section 4.2(g) of the Lease.
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Replacement of HVAC Units. Notwithstanding anything to the contrary contained in the Lease, if one or more of the HVAC units servicing the Building (other than a Separate HVAC Unit, as defined below, and each, a “Landlord HVAC Unit”) is “In Need of Replacement” (as hereinafter defined), Landlord shall replace such Landlord HVAC Unit and the cost of such replacement shall not be included in Direct Costs or deducted from the Improvement Allowance. For purposes of this Section 15, a Landlord HVAC Unit shall be “In Need of Replacement” if, in the reasonable determination of a third party HVAC contractor reasonably acceptable to Landlord and Tenant (the “HVAC Contractor”), the cost of maintaining such Landlord HVAC Unit in good operation condition over the first (5) years of the Extended Term is likely to exceed the cost of replacement of such Landlord HVAC Unit amortized over the same period of time (based on a straight-line amortization over a 15 year useful life). No later than August 30, 2012, Landlord shall cause the HVAC Contractor to perform and deliver, to Landlord and Tenant concurrently, a full report on the condition and scheduled maintenance of, and estimated annual cost of maintenance, replacements and repairs to, each of the Landlord HVAC Units, which shall be certified to both Landlord and Tenant by the HVAC Contractor (the “Landlord HVAC Report”). To the extent that the Landlord HVAC Report indicates that any of the Landlord HVAC Units are in need of replacement, Landlord shall cause such replacements to be performed promptly following the delivery of the Landlord HVAC Report as part of Landlord’s Work (as defined in the Work Letter). Except as provided in Section 16 below, Landlord shall have no obligation to maintain, repair and/or replace any Separate HVAC Unit.
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Replacement of HVAC Units. Landlord, at Landlord’s sole cost and expense, will replace all existing rooftop HVAC package units (with the exception of Unit 20, which was installed in 1997) on a “kind-for-kind” basis. Additionally, Landlord shall install an energy management system. Landlord and Tenant shall coordinate a schedule for this work to be completed as soon as reasonably possible after execution of a Lease Amendment documenting the lease extension.
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Replacement of HVAC Units. Landlord, at its sole cost and expense, shall replace prior to December 31, 2008, not more than three (3) roof top HVAC units installed prior to 2001, serving the Additional 50 VSP Space, and continue each year thereafter to replace no more than three (3) roof top HVAC units serving the Additional 50 VSP Space until all such units are replaced. Tenant shall perform, or cause to be performed, changes in HVAC distribution and controls and increases, if any, in HVAC capacity (the “HVAC Changes”) required by the Tenant Improvements, which shall be subject to Landlord’s prior written approval and coordination with Landlord. Such approval by Landlord shall not be unreasonably withheld, conditioned, or delayed. Tenant shall pay for all costs related to the HVAC Changes (the “HVAC Costs”); provided, however, if there is any undisbursed Tenant Allowance at the time that Tenant pays for the HVAC Costs, Tenant may elect to apply the Tenant Allowance toward the HVAC Costs by submitting to Landlord invoices and lien releases satisfactory to Landlord for reimbursement.
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Related to Replacement of HVAC Units

  • Replacement of Notes Upon receipt by the Company at the address and to the attention of the designated officer (all as specified in Section 18(iii)) of evidence reasonably satisfactory to it of the ownership of and the loss, theft, destruction or mutilation of any Note (which evidence shall be, in the case of an Institutional Investor, notice from such Institutional Investor of such ownership and such loss, theft, destruction or mutilation), and

  • Replacement of Holdout Lender (a) If any action to be taken by the Lender Group or Agent hereunder requires the unanimous consent, authorization, or agreement of all Lenders, and a Lender (“Holdout Lender”) fails to give its consent, authorization, or agreement, then Agent, upon at least 5 Business Days prior irrevocable notice to the Holdout Lender, may permanently replace the Holdout Lender with one or more substitute Lenders (each, a “Replacement Lender”), and the Holdout Lender shall have no right to refuse to be replaced hereunder. Such notice to replace the Holdout Lender shall specify an effective date for such replacement, which date shall not be later than 15 Business Days after the date such notice is given.

  • Replacement of Parts Except as otherwise provided herein, so long as the Airframe or Engine is subject to the Lien of this Indenture, Owner, at its own cost and expense, will, or will cause a Permitted Lessee to, at its own cost and expense, promptly replace (or cause to be replaced) all Parts which may from time to time be incorporated or installed in or attached to the Aircraft, Airframe or any Engine and which may from time to time become worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use for any reason whatsoever. In addition, Owner may, at its own cost and expense, or may permit a Permitted Lessee at its own cost and expense to, remove (or cause to be removed) in the ordinary course of maintenance, service, repair, overhaul or testing any Parts, whether or not worn out, lost, stolen, destroyed, seized, confiscated, damaged beyond repair or permanently rendered unfit for use; provided, however, that Owner, except as otherwise provided herein, at its own cost and expense, will, or will cause a Permitted Lessee at its own cost and expense to, replace such Parts as promptly as practicable. All replacement parts shall be free and clear of all Liens, except for Permitted Liens and pooling arrangements to the extent permitted by Section 4.04(c) below (and except in the case of replacement property temporarily installed on an emergency basis) and shall be in good operating condition and have a value and utility not less than the value and utility of the Parts replaced (assuming such replaced Parts were in the condition required hereunder).

  • Supplemental Agreements Without Consent of Holders Without the consent of any Holders, the Company and the Agent, at any time and from time to time, may enter into one or more agreements supplemental hereto, in form satisfactory to the Company and the Agent, for any of the following purposes:

  • Amendments Without Consent of Holders The Company and the Trustee may amend or supplement this Indenture or the Notes without notice to or the consent of any Noteholder:

  • Replacement of Note 2.1 In the event that this Note is mutilated, destroyed, lost or stolen, Payor shall, at its sole expense, execute, register and deliver a new Note, in exchange and substitution for this Note, if mutilated, or in lieu of and substitution for this Note, if destroyed, lost or stolen. In the case of destruction, loss or theft, Payee shall furnish to Payor indemnity reasonably satisfactory to Payor, and in any such case, and in the case of mutilation, Payee shall also furnish to Payor evidence to its reasonable satisfaction of the mutilation, destruction, loss or theft of this Note and of the ownership thereof. Any replacement Note so issued shall be in the same outstanding principal amount as this Note and dated the date to which interest shall have been paid on this Note or, if no interest shall have yet been paid, dated the date of this Note.

  • Amendment Without Consent of Holders Without the consent of any Holders, the Company, the Collateral Agent and the Purchase Contract Agent, at any time and from time to time, may amend this Agreement, in form satisfactory to the Company, the Collateral Agent and the Purchase Contract Agent, for any of the following purposes:

  • Amendments or Supplements Without Consent of Holders In addition to any permitted amendment or supplement to the Indenture pursuant to Section 9.1 of the Original Indenture, the Company and the Trustee may amend or supplement the Indenture or the Notes without notice to or the consent of any Holder of the Notes:

  • Replacement of Banks In the event that (a) any Bank makes a demand for payment under Section 2.07(b) or Section 2.12, (b) the Borrower is required to make any payment in respect of Taxes or Other Taxes pursuant to Section 2.15 or (c) any Bank becomes a Defaulting Bank, the Borrower may within ninety (90) days of the applicable event, if no Default then exists, replace such Bank with another commercial bank, financial institution or other Person in accordance with all of the provisions of Section 10.06(a) (including execution of an appropriate Assignment), provided that (i) all obligations of such Bank to lend hereunder shall be terminated and the Advances payable to such Bank and all other obligations owed to such Bank hereunder shall be purchased in full without recourse at par plus accrued interest at or prior to such replacement, (ii) such replacement shall be reasonably satisfactory to the Administrative Agent, (iii) if such replacement bank is not already a Bank hereunder, the Borrower (and, for avoidance of doubt, not the replacement bank) shall pay to the Administrative Agent an assignment fee of $3,500 in connection with such replacement, (iv) such replacement shall, from and after such replacement, be deemed for all purposes to be a “Bank” hereunder with a Commitment in the amount of the respective Commitment of the assigning Bank immediately prior to such replacement (plus, if such replacement bank is already a Bank prior to such replacement, the respective Commitment of such Bank prior to such replacement), as such amount may be changed from time to time pursuant hereto, and shall have all of the rights, duties and obligations hereunder of the Bank being replaced, and (v) such other actions shall be taken by the Borrower, such Bank and such replacement bank as may be appropriate to effect the replacement of such Bank with such replacement bank on terms such that such replacement bank has the same rights, duties and obligations hereunder as such Bank (including, without limitation, execution and delivery of new Notes to such replacement bank if such replacement bank shall so request, redelivery to the Borrower in due course of any Notes payable to such Bank and specification of the information contemplated by Schedule I as to such replacement bank).

  • Supplemental HVAC If any supplemental HVAC unit (a “Unit”) serves the Premises, then (a) Tenant shall pay the costs of all electricity consumed in the Unit’s operation, together with the cost of installing a meter to measure such consumption; (b) Tenant, at its expense, shall (i) operate and maintain the Unit in compliance with all applicable Laws and such reasonable rules and procedures as Landlord may impose; (ii) keep the Unit in as good working order and condition as exists upon its installation (or, if later, on the date Tenant takes possession of the Premises), subject to normal wear and tear and damage resulting from Casualty; (iii) maintain in effect, with a contractor reasonably approved by Landlord, a contract for the maintenance and repair of the Unit, which contract shall require the contractor, at least once every three (3) months, to inspect the Unit and provide to Tenant a report of any defective conditions, together with any recommendations for maintenance, repair or parts-replacement; (iv) follow all reasonable recommendation of such contractor; and (v) promptly provide to Landlord a copy of such contract and each report issued thereunder; (c) the Unit shall become Landlord’s property upon installation and without compensation to Tenant; provided, however, that upon Landlord’s request at the expiration or earlier termination hereof, Tenant, at its expense, shall remove the Unit and repair any resulting damage; (d) the Unit shall be deemed (i) a Leasehold Improvement (except for purposes of Section 8), and (ii) for purposes of Section 11, part of the Premises; (e) if the Unit exists on the date of mutual execution and delivery hereof, Tenant accepts the Unit in its “as is” condition, without representation or warranty as to quality, condition, fitness for use or any other matter; (f) if the Unit connects to the Building’s condenser water loop (if any), then Tenant shall pay to Landlord, as Additional Rent, Landlord’s standard one-time fee for such connection and Landlord’s standard monthly per-ton usage fee; and (g) if any portion of the Unit is located on the roof, then (i) Tenant’s access to the roof shall be subject to such reasonable rules and procedures as Landlord may impose; (ii) Tenant shall maintain the affected portion of the roof in a clean and orderly condition and shall not interfere with use of the roof by Landlord or any other tenants or licensees; and (iii) Landlord may relocate the Unit and/or temporarily interrupt its operation, without liability to Tenant, as reasonably necessary to maintain and repair the roof or otherwise operate the Building.

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