Common use of Temperature Maintenance Clause in Contracts

Temperature Maintenance. Sublandlord makes no representation with respect to, and shall have no liability in connection with, the adequacy or fitness of the HVAC systems to operate in a manner which is inconsistent with the Base Building Definition. If the temperature otherwise maintained in any portion of the Building by the HVAC systems is affected as a direct or proximate result (as determined by a qualified building engineer) of any lights, machines, equipment, occupancy, or electrical load in or with respect to the Premises other than in accordance with the Base Building Definition, Sublandlord shall have the right, but not the obligation, to install any machinery and equipment which Sublandlord reasonably deems necessary to maintain or restore temperature balance, including modifications to the standard HVAC equipment. The cost of any such additional machinery or equipment, including the cost of installation and any additional cost of operation and maintenance incurred thereby, shall be paid by Subtenant as Additional Charges.

Appears in 1 contract

Sources: Sublease (Focal Communications Corp)

Temperature Maintenance. Sublandlord makes no representation with respect to, and shall have no liability in connection with, the adequacy or fitness of the HVAC systems to operate in a manner which is inconsistent with the Base Building Definition. If the temperature otherwise maintained in any portion of the Building by the HVAC systems is affected as a direct or proximate result (as determined by a qualified building engineer) of any lights, machines, equipment, occupancy, or electrical load in or with respect to the Premises other than in accordance with the Base Building Definition, or as otherwise approved by Sublandlord. Sublandlord shall have the right, but not the obligation, to install any machinery and equipment which Sublandlord reasonably deems necessary to maintain or restore temperature balance, including modifications to the standard HVAC equipment. The cost of any such additional machinery or equipment, including the cost of installation and any additional cost of operation and maintenance incurred thereby, shall be paid by Subtenant as Additional Charges.

Appears in 1 contract

Sources: Sublease Agreement (Vitalstream Holdings Inc)