Common use of Temperature Control Clause in Contracts

Temperature Control. Pennsylvania law does not define the term temperature controlled. This Provision defines the responsibilities of Owner for providing temperature control to the Leased Space. If the Leased Space leased under this Rental Agreement between Owner and Occupant is a temperature controlled Leased Space, only if indicated as Temperature Controlled in the Terms and Conditions section of this Rental Agreement, then this Provision 11 shall apply. Owner provides heating and air conditioning to the building containing the Leased Space. It is agreed that Owner shall use all reasonable efforts to maintain a temperature in the building containing the Leased Space by heating in the winter to no less than Forty-five degrees (45˚) Fahrenheit and cooling in the summer to no more than Eighty degrees (80˚) Fahrenheit. Occupant recognizes that under certain circumstances including, but not exclusively, mechanical failure of the cooling systems, material shortages, electrical or other utility blackouts, brownouts, or other failures, acts of God, labor or materials shortages, strikes, malicious mischief, and fire, that the temperature may deviate from the desired range of temperatures and Occupant understands that heating and air conditioning systems and their power sources are not redundant. Further, the temperature in the building containing the Leased Space may vary from the temperature of the Leased Space. Occupant agrees to release Owner from any and all liability arising from any such failure of the heating and air conditioning systems which occur as a result of a failure outside of Owner's direct control.