Common use of The Third Additional Space Clause in Contracts

The Third Additional Space. Commencing as of the Third Additional Space Commencement Date and ending on the T/F Additional Space Expiration Date, air-conditioning shall be supplied to the Third Additional Space in accordance with the following. (A) Landlord shall make available to Tenant, and Tenant shall be permitted to use, the base Building equipment presently supplying air-conditioning service to the Third Additional Space and any replacements thereof (the “Existing HVAC Equipment”) Monday to Friday from 8:00 a.m. to 6:00 p.m. (i) during the Building’s “Cooling Season” (which is currently May 15 through October 15) for those portions of the Existing HVAC Equipment serving the perimeter portions of the Third Additional Space, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Third Additional Space, in each instance subject to and in accordance with the provisions of this Article. Landlord represents that as of the Third Additional Space Commencement Date the Existing HVAC Equipment is in working order and has a cooling capacity which is appropriate for normal office use and normal occupancy density, to wit: the Existing HVAC Equipment is designed to make available a capacity of one (1) ton of HVAC per 300 usable square feet, and is designed to deliver a summer-winter temperature of between 72 and 78 degrees Fahrenheit. Landlord shall repair and maintain the Existing HVAC Equipment in good working order and condition, at Landlord’s cost and expense; provided, however, that all other air conditioning systems, equipment and facilities hereafter located in or servicing the Third Additional Space (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Third Additional Space in connection with both the Existing HVAC Equipment and/or the Supplemental Systems (collectively hereinafter referred to as the “HVAC System”), shall be maintained, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Tenant shall pay for all electricity consumed in the operation of the HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the the Third Additional Space, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of the Lease with respect to the Third Additional Space (as expressly set forth in Section 5 of this Agreement). Tenant shall pay for all parts and supplies necessary for the proper operation of the HVAC System (and any restoration or replacement by Tenant of all or any part thereof shall be in quality and class at least equal to the original work or installations); provided, however, that Tenant shall not alter, modify, remove or replace the HVAC System, or any part thereof, without Landlord’s prior written consent. (B) Without limiting the generality of the foregoing, Tenant shall, at its own cost and expense, (a) cause to be performed all maintenance of the HVAC System (other than the Existing HVAC Equipment), including all repairs and replacements thereto, and (b) commencing as of the Third Additional Space Commencement Date, and thereafter throughout the Term of the Lease, maintain in force and provide a copy of same to Landlord an air conditioning service repair and full service maintenance contract covering the HVAC System (other than the Existing HVAC Equipment) in form reasonably satisfactory to Landlord with an air conditioning contractor or servicing organization approved by Landlord. All such contracts shall provide for the thorough overhauling of the HVAC System (other than the Existing HVAC Equipment) at least once each year during the Term of this Lease and shall expressly state that (i) it shall be an automatically renewing contract terminable upon not less than thirty (30) days prior written notice to Landlord (sent by certified mail, return receipt requested) and (ii) the contractor providing such service shall maintain a log at the Third Additional Space detailing the service provided to any HVAC Systems during each visit pursuant to such contract. Tenant shall keep such log at the Third Additional Space and permit Landlord to review same promptly after Landlord’s request. The HVAC System is and shall at all times remain the property of Landlord, and at the expiration or sooner termination of the Lease, Tenant shall surrender to Landlord any Supplemental Systems in good working order and condition, subject to normal wear and tear and shall deliver to Landlord a copy of the service log. In the event that Tenant fails to obtain the contract required herein or perform any of the maintenance or repairs required hereunder, Landlord shall have the right, but not the obligation, to procure such contract and/or perform any such work and charge Tenant as Additional Rent hereunder the cost of same plus an administrative fee equal to five (5%) percent of such cost which shall be paid for by Tenant on demand. (C) Upon Tenant’s election in accordance with the terms hereof, Landlord shall make available to Tenant up to five (5) tons of condenser water (the “Condenser Water”) for use by Tenant in the Additional Space, the Third Additional Space or the Fourth Additional Space in connection with the operation by Tenant of any Supplemental Systems serving the Additional Space, the Third Additional Space or the Fourth Additional Space, provided that Tenant elects to have Landlord supply such Condenser Water by notice (“Tenant’s Condenser Water Notice”) given to Landlord on or prior to the last day of the twenty-fourth (24th) calendar month following the Third Additional Space Commencement Date, which Tenant’s Condenser Water Notice shall set forth the tonnage of Condenser Water requested by Tenant. In the event that Tenant shall fail to provide Landlord with Tenant’s Condenser Water Notice in a timely manner or in the event that Tenant’s Condenser Water Notice shall request, or Tenant shall use, less than the full five (5) tons of Condenser Water referred to above, then Tenant’s access to Condenser Water shall be limited to that lesser amount so requested and used by Tenant, and Tenant’s access to any additional Condenser Water shall be subject to availability on a first-come/first-served basis.