Common use of Air Conditioning Clause in Contracts

Air Conditioning. 35.01 Subject to the provisions of this Article and all other applicable provisions of this Lease, Landlord shall supply air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building HVAC System”) during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.) subject to and in accordance with the provisions of this Lease. Landlord shall perform such work as is necessary, if any, in order to place the Building HVAC System in good working order (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All air conditioning equipment and facilities (other than the Building HVAC System) located in or servicing the Premises, including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with the Building HVAC System and any Supplemental Systems (hereinafter defined) 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 Tenant’s proportionate share of all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System and for the production of chilled and/or condenser water and its supply to the Premises. If supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source.

Appears in 2 contracts

Samples: Sublease Agreement (Delcath Systems, Inc.), Lease (Delcath Systems Inc)

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Air Conditioning. 35.01 Subject to the provisions of this Article and all other applicable provisions of this Lease, Landlord shall supply make available to Tenant, and Tenant shall be permitted to use, the base Building equipment presently supplying air-conditioning service to the Premises through the Building’s central air-conditioning facilities and any replacements thereof (the “Building Existing HVAC SystemEquipment”) during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.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 Premises, and (ii) three hundred sixty-five (365) days a year for those portions of the Existing HVAC System serving the interior portions of the Premises, in each instance subject to and in accordance with the provisions of this LeaseArticle. Landlord represents that as of the date hereof 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 perform such work as is necessary, if any, in order to place repair and maintain the Building Existing HVAC System Equipment in good working order (“and condition, at Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All cost and expense; provided, however, that all other air conditioning systems, equipment and facilities (other than the Building HVAC System) hereafter located in or servicing the Premises, Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized to distribute conditioned air within the Premises in connection with both the Building Existing HVAC System and any Equipment and/or the Supplemental Systems (collectively hereinafter defined) 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. The parties acknowledge that as of the date hereof there is a two (2) ton water cooled supplemental air conditioning unit installed at the Premises (the “Existing Supplemental System”). Landlord hereby approves, in concept only, subject to Tenant’s compliance with the applicable provisions of this Lease including, without limitation, the provisions of this Article and of Article 8, above, Tenant’s installation, at Tenant’s sole cost and expense, of an additional three (3) ton supplemental air conditioning unit (or, should Tenant elect to remove the Existing Supplemental System, then Tenant’s installation of a five (5) ton supplemental air conditioning unit) to service the Premises (the “Additional Supplemental System”). Tenant shall pay Tenant’s proportionate share of for all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. If supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or Tenant shall pay for all parts and supplies necessary for the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend proper operation of the Building HVAC System at (other than the Existing HVAC Equipment) (and any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies restoration or replacement by Tenant of all or any situation arising part thereof shall be in quality and class at least equal to the Premises original work or within installations); provided, however, that Tenant shall not alter, modify, remove or replace the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond part thereof, without Landlord’s reasonable controlprior written consent, or by except that Tenant may remove the orders or regulations Existing Supplemental System in conjunction with Tenant’s installation of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourcea five (5) ton replacement unit as contemplated hereinabove.

Appears in 2 contracts

Samples: Agreement (Schrodinger, Inc.), Agreement (Schrodinger, Inc.)

Air Conditioning. 35.01 Subject Tenant shall be permitted to use the provisions of this Article and all other applicable provisions of this Lease, Landlord shall supply equipment presently supplying air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building Existing HVAC SystemEquipment”) during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.p.m. during the Building’s “Cooling Season” (which is currently May 15 through October 15) subject to and in accordance with the provisions of this LeaseArticle. Tenant acknowledges and agrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord shall perform such work as is necessaryhas no obligation to operate, if any, in order maintain or to place repair the Building said equipment or to supply air-conditioning service to the Premises. The Existing HVAC System in good working order (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All Equipment and all other air conditioning systems, equipment and facilities (other than the Building HVAC System) hereafter located in or servicing the Premises, Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Building Existing HVAC System Equipment and any the Supplemental Systems (collectively hereinafter defined) 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 Tenant’s proportionate share of for all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System System, and Tenant's proportionate share of the electric current (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. If supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or Tenant shall pay for all parts and supplies necessary for the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend proper operation of the Building HVAC System at (and any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies restoration or replacement by Tenant of all or any situation arising part thereof shall be in quality and class at least equal to the Premises original work or within installations); provided, however, that Tenant shall not alter, modify, remove or replace the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond part thereof, without Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourceprior written consent.

Appears in 1 contract

Samples: Agreement of Lease (Xenomics Inc)

Air Conditioning. 35.01 Subject 1. All housing areas in the Pack Unit will be air conditioned, using temporary measures, from April 15, 2018 to October 15, 2018; and from April 15, 2019 to October 15, 2019. The heat index in the provisions Pack Unit housing areas shall not exceed 88 degrees Fahrenheit during these time periods; except that, in the event of this Article and all other applicable provisions of this Leasean equipment malfunction resulting in the heat index rising above 88 degrees, Landlord TDCJ shall supply repair or replace the malfunctioning equipment, or otherwise provide housing areas below 88 degrees Fahrenheit heat index to Subclass members, as expeditiously as possible, but in no longer than 96 hours. If there is an equipment malfunction lasting longer than twenty-four (24) hours during the any period from April 15 to October 15 any year which results in the indoor heat index rising above 88 degrees Fahrenheit, TDCJ shall notify Class Counsel on the first business day after the disruption. If, during an equipment malfunction, the heat index rises above 88 degrees as measured at the Pack Unit by Defendants, or if Plaintiffs notify Defendants that the heat index is above 88 degrees at the Brenham Municipal Airport weather station, TDCJ shall provide the following temporary mitigation measures: • Access to air-conditioning service conditioned “respite” areas for an unlimited amount of time, 24 hours a day, seven days a week, upon request by any inmate; • Access to cool showers of unlimited length, 24 hours a day, seven days a week; • Public postings and training warning inmates of the Premises through heat and encouraging them to avail themselves of “respite” areas and cool showers; • Cold drinking water accessible 24 hours a day, seven days a week; • Notify Class Counsel on the Building’s central air-conditioning facilities (first business day of or after the “Building HVAC System”) during the Building’s disruption of air conditioning season (May 15th to October 15th) during with subsequent updates on any business day which the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.) subject to and in accordance with the provisions of this Lease. Landlord shall perform such work as is necessary, if any, in order to place the Building HVAC System in good working order (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All air conditioning equipment and facilities (other than the Building HVAC System) located in or servicing the Premises, including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with the Building HVAC System and any Supplemental Systems (hereinafter defined) 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 Tenant’s proportionate share of all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System and for the production of chilled and/or condenser water and its supply to the Premises. If supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC Systemdisruption continues, including by identifying the areas without limitationoperating equipment; describing the expected timeline to repair or replace the equipment; providing all temperature, reasons relating to the making of repairs, alterations or improvements in the Premises or the Buildingheat index, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until humidity records for such time as the reason causing such suspension has been remedied air conditioning is disrupted; and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspensionproviding the identities of all affected inmates if requested; and, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided • Implement all measures listed in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond LandlordTDCJ’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourcethen current “Annual Heat Directive”.

Appears in 1 contract

Samples: Proposed Settlement Agreement and Release

Air Conditioning. 35.01 Subject to (A) Tenant acknowledges that Landlord shall install the provisions Base Building AC Units (as defined in Section 4.02) as part of this Article and all other applicable provisions the Post-Possession Base Building Work. Upon completion of this Leasethe installation of the Base Building AC Units, Landlord shall supply have no further obligations with respect to such air-conditioning service units. Tenant covenants and agrees to maintain the Base Building AC Units in good working order at all times during the Term of this lease, to perform all repairs thereto and services, at Tenant's sole cost and expense and to make replacement of parts, at Tenant's expense, as they become necessary. Tenant shall maintain throughout the Term of this lease a contract with a vendor and under a form approved in advance by Landlord for the service, maintenance, repair and/or replacement of such air conditioning equipment. Tenant shall be required to pay in accordance with Article 17 of this lease, for all electric energy used in connection with any air conditioning equipment servicing the Demised Premises. The Base Building AC Units shall at all times be the sole property of Landlord and shall be surrendered to Landlord with the Demised Premises upon the expiration or sooner termination of this lease. Landlord shall supply to Tenant at the Demised Premises the appropriate amount of condenser water capacity for the Base Building AC Units through the Building’s central air-conditioning facilities condenser water system (the “Building HVAC "Condenser System") during the Buildinghours of 8:00 am through 6:00 pm on business days. If Tenant shall require condenser water for the Base Building AC Units during times other than those provided in the immediately preceding sentence, provided Tenant is not in default under this lease, beyond the expiration of applicable notice and cure periods, then, Landlord shall furnish the same upon advance notice from Tenant, given prior to 12:00 P.M. on any business day on which Tenant requires such after-hours condenser water or if Tenant shall desire same on a day other than a business day, Landlord shall furnish the same upon advance notice from Tenant given prior to 12:00 P.M. on the last business day prior to such non business day, and Tenant shall pay Landlord's then established charges therefor as additional rent within twenty (20) days after demand. Landlord’s air conditioning season current Building standard rate for after-hours condenser water is $150.00 per hour per floor, subject to Landlord’s actual increases in costs from time to time with a minimum of four (May 15th 4) hours on weekends and holidays. Notwithstanding what the then current Building standard rate for after-hours condenser water is, Tenant shall only be charged $92.00 per hour per floor, subject to October 15thLandlord’s actual increases from time to time for after-hours condenser water for the first three-hundred (300) hours Tenant uses per annum (which shall be prorated for partial years). The furnishing of condenser water to the Base four AC Units is subject to emergencies and Landlord’s scheduled routine shutdowns. Tenant acknowledges and agrees that (i) condenser water for the Condenser System shall be supplied by several water towers, (ii) the water towers providing condenser water to Tenant may additionally be utilized for the cooling of the public portions of the Building and during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.) subject to and 's cooling season the demand for condenser water in accordance with the provisions of this Lease. Landlord shall perform such work as is necessary, if any, in order to place the Building HVAC System may limit Landlord's ability to supply condenser water in good working order the event of a failure of one (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement 1) or more of the Term hereof. All air conditioning equipment and facilities (other than the Building HVAC System) located in or servicing the Premises, including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with the Building HVAC System and any Supplemental Systems (hereinafter defined) 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 Tenant’s proportionate share of all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System and for the production of chilled and/or condenser water and its supply to the Premises. If supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Buildingtowers, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that (iii) Landlord shall not be held responsible liable to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of the condenser water supplied to the Demised Premises shall no longer be subject to any claim by Tenant due to such suspension, provided that available or suitable for Tenant's requirements or if a failure of one (1) or more of the foregoing water towers servicing the Demised Premises shall not be deemed to preclude Tenant from being entitled to cause an abatement interruption of rent as provided in Article 21 hereof, if applicableits supply of condenser water. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of operate, repair and maintain the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourceCondenser System.

Appears in 1 contract

Samples: Lease (Original Bark Co)

Air Conditioning. 35.01 Subject Tenant shall be permitted to exclusively use the provisions of this Article and all other applicable provisions of this Lease, Landlord shall supply equipment presently supplying air-conditioning service to the Premises through the Building’s central air-conditioning facilities Building (the “Building Existing HVAC SystemEquipment) during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.) subject to and in accordance with the provisions of this LeaseArticle. Landlord shall perform such work as is necessary, if any, in order Tenant acknowledges and agrees that air-conditioning service to place the Building shall be supplied through equipment operated, maintained, repaired and replaced (as necessary) by Tenant and that Landlord has no obligation to operate, maintain, repair or replace the said equipment or to supply air-conditioning service to the Building, except for the equipment presently supplying air-conditioning service to the 3rd Floor Premises for the period prior to the 3rd Floor Commencement Date and except for the Lobby HVAC. The Existing HVAC System in good working order (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All Equipment and all other air conditioning systems, equipment and facilities (other than the Building HVAC System) hereafter located in or servicing the Premises, lobby of the Building or the Premises(the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Building Existing HVAC System Equipment and any the Supplemental Systems (collectively hereinafter defined) referred to as the “HVAC System”), shall be operated, maintained, repaired and operated replaced (as necessary) by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Tenant shall pay Tenant’s proportionate share of for all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System System, and Tenant’s proportionate share of the electric current (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. If supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or Tenant shall pay for all parts and supplies necessary for the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend proper operation of the Building HVAC System at (and any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies restoration or replacement by Tenant of all or any situation arising part thereof shall be in quality and class at least equal to the Premises original work or within installations); provided, however, that Tenant shall not alter, modify, remove or replace the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond part thereof, without Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourceprior written consent.

Appears in 1 contract

Samples: Lease Modification Agreement (G Iii Apparel Group LTD /De/)

Air Conditioning. 35.01 Subject Tenant shall be permitted to use the provisions of this Article and all other applicable provisions of this Lease, Landlord shall supply equipment presently supplying air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building "Existing HVAC System”Equipment") during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.p.m. during the Building's "Cooling Season" (which is currently May 15 through October 15) subject to and in accordance with the provisions of this LeaseArticle. Tenant acknowledges and agrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord shall perform such work as is necessaryhas no obligation to operate, if any, in order maintain or to place repair the Building said equipment or to supply air-conditioning service to the Premises. The Existing HVAC System in good working order (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All Equipment and all other air conditioning systems, equipment and facilities (other than the Building HVAC System) hereafter located in or servicing the Premises, Premises (the "Supplemental Systems") including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Building Existing HVAC System Equipment and any the Supplemental Systems (collectively hereinafter defined) 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 's sole cost and expense. Tenant shall pay Tenant’s proportionate share of for all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System System, and Tenant's proportionate share of the electric current (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. If supplementary air-conditioning equipment is required 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. Landlord agrees that the Existing HVAC Equipment shall be (or is) of sufficient capacity to accommodate Tenant’s normal office usage and occupancy density excluding special usage areas (i.e. i.e., computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating equipment, machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source.

Appears in 1 contract

Samples: Medix Resources Inc

Air Conditioning. 35.01 Subject to the provisions of this Article and all other applicable provisions of this Lease, Landlord shall supply air-provide base Building air conditioning service to the Premises during the following hours: 8:00 a.m. through the Building’s central air-6:00 p.m. Monday through Friday on normal business days. Landlord hereby covenants and agrees that air conditioning facilities (servicing the “Building HVAC System”) Premises shall be in working order on the Commencement Date Tenant shall be permitted to use such air conditioning facilities during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.) subject to and in accordance with the provisions term of this Lease. Landlord agrees to maintain such air conditioning facilities at its expense during the term of this Lease. Tenant shall perform use such work as air conditioning system in accordance with the reasonable rules and regulations of Landlord and the instructions of the manufacturer. Title to the air conditioning facilities shall be and remain with Landlord at all times. Landlord throughout the term of this Lease shall have free and unrestricted access at reasonable times and upon reasonable advance notice (except in the event of an emergency or if Landlord is necessaryrequired to comply with any law or if Landlord may be subject to civil or criminal penalty or fine), if anywhich notice may be telephonic, to any and all air conditioning facilities in order to place the Premises. Tenant may use the Building HVAC System in good working order air-conditioning at times other than normal business hours on business days at a cost of One Hundred Seventy-Five Dollars ($175.00) per hour, which amount may be raised by Landlord to the extent Landlord’s Initial HVAC Work”). costs increase and if Landlord raises such rates for the tenants at the Building, but Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following not raise such rate prior to the commencement first (1st) anniversary of the Term hereofCommencement Date. All air conditioning equipment and facilities (other than the Building HVAC System) located in or servicing the Premises, including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with the Building HVAC System and any Supplemental Systems (hereinafter defined) 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, shall be permitted to install and operate a condenser water supplemental heating, ventilating and air-conditioning system (“HVAC”) during the term of this Lease. Landlord shall provide Tenant with up to two (2) tons of condenser water to the Premises for Tenant’s supplemental heating, ventilation and air-conditioning system on a twenty-four (24) hour, seven (7) days per week basis. Tenant shall pay Tenant’s proportionate share of all electricity Landlord an amount equal to Three Hundred Fifty Dollars (and also $350.00) per ton per annum for condenser water, gas and/or steamwhich amount may be raised by Landlord during the term of this Lease to reflect actual increases in Landlord’s cost. In addition, if applicable) consumed Tenant installs such supplemental HVAC system, Tenant shall be responsible to pay and/or reimburse Landlord for all out-of-pocket costs and expenses incurred by Landlord in connection with the installation and operation of the Building supplemental HVAC System and for the production of chilled and/or condenser water and its supply to the Premises. If supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expensesystem. Landlord reserves the right to suspend operation of the Building HVAC System at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant hereby agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord Tenant shall not be held responsible or be subject required to any claim by Tenant due to such suspension, provided that pay a “tap-in” fee for the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of condenser water for the Building supplemental HVAC System is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourcesystem.

Appears in 1 contract

Samples: Agreement of Lease (Borderfree, Inc.)

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Air Conditioning. 35.01 Subject to the provisions of this Article and all other applicable provisions of this Lease, Landlord shall supply air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building HVAC System”) during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.) p.m. during the Building’s “Cooling Season” (which is currently May 15 through October 15), subject to and in accordance with the provisions of this Lease. Landlord shall perform such work as is necessary, if any, in order to place the Building HVAC System in good working order (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All air conditioning equipment and facilities (other than the Building HVAC System) located in or servicing the Premises, including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with the Building HVAC System and any Supplemental Systems (hereinafter defined) 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 Tenant’s proportionate share of all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System and for the production of chilled and/or condenser water and its supply to the Premises. If Subject to the review and approval by Landlord of Tenant’s Plans (as herein defined in Article 49), if supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises premises to a high density of office personnel and/or heat generating machines or appliances), it Tenant shall be Tenant’s responsibility permitted to furnish, install, maintain, repair and operate such required supplementary install air cooled supplemental air-conditioning equipment for such to service to the Premises (the “Supplemental A/C System”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection therewith, provided that Tenant hereby acknowledges and agrees that at all times the Supplemental A/C System once installed by Tenant shall be and remain the property of Landlord and, further, that Tenant shall at all times, at its sole cost and expense, be responsible to operate, maintain, repair in good working order and in compliance with all present and future laws and regulations relating thereto at Tenant’s sole cost and expense. Tenant shall pay to Landlord, within twenty (20) days after demand as Additional Rent hereunder, charges for all electricity consumption in connection with the Supplemental A/C System, in accordance with the provisions of Article 41 of this Lease. Tenant shall pay for all parts and supplies necessary for the proper operation of the Supplemental A/C 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. Without limiting the generality of the foregoing, Tenant shall at all times during the term hereof contract for and maintain regular service of said the Supplemental A/C System through an independent, licensed, professional third party maintenance company approved by Landlord and shall, within thirty (30) days of installation of the Supplemental A/C System, forward to Landlord a fully executed original copy of such contract. Such contract shall provide for the thorough overhauling of the Supplemental A/C System 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 the Landlord (sent by certified mail, return receipt requested) and (ii) the contractor providing such service shall maintain a log at the Premises detailing the service provided during each visit pursuant to such contract. Tenant shall keep such log at the Premises and permit Landlord to review same promptly after Landlord’s request. Landlord reserves the right to suspend operation of the Building HVAC System and/or Supplemental A/C System, if any, at any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System and /or Supplemental A/C System, if any, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System and/or Supplemental A/C System, if any, is prevented by strikes or accidents or any cause beyond Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source.

Appears in 1 contract

Samples: Agreement of Lease (Nymagic Inc)

Air Conditioning. 35.01 Subject to 45. Supplementing the provisions of this Article 9 hereof, Landlord shall provide air conditioning to the Premises, through the presently existing equipment and all other applicable provisions facilities servicing the Premises, from May 15th to October 15th in each year during the term of the Lease. Monday through Friday from 8 a.m. to 6 p.m., and on Saturdays from 8:00 am to 12:00 Noon (after hours air conditioning to be furnished, after reasonable advance request by Tenant in writing, at Landlord's then standard building rates for same). Tenant shall reimburse Landlord, in accordance with Article 40 of this Lease, Landlord shall supply air-for electricity consumed by such equipment and facilities in providing air conditioning service to the Premises through Premises. Tenant acknowledges and agrees that the Building’s central air-conditioning facilities (the “Building HVAC System”) during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.) subject to and in accordance with the provisions of this Lease. Landlord shall perform such work as is necessary, if any, in order to place the Building HVAC System in good working order (“Landlord’s Initial HVAC Work”). Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All air conditioning equipment and facilities (other than the Building HVAC System) located in or servicing the PremisesPremises are Landlord's property, however, Tenant shall keep, maintain and repair such equipment and all of the facilities including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with therewith: In connection therewith, Tenant shall at all times during the Building HVAC System term hereof contract for and maintain regular service of said air conditioning equipment and related facilities through an independent, licensed, professional third-party maintenance company approved by Landlord and shall, within (30) days of the commencement of the term of this Lease, forward to Landlord a fully executed original copy of such contract. Tenant shall also forward to Landlord within thirty (30) days of their execution by the parties thereto any Supplemental Systems (hereinafter defined) and all renewals and modifications thereof. Said contract shall include the thorough overhauling of the air conditioning systems and facilities servicing the Premises at least once each year during the term of this Lease. Any restoration or replacement by Tenant of all or any part of the air conditioning equipment shall be maintainedin quality and class equal to the original work or installations. In the event that Tenant fails to perform the aforementioned maintenance and repair of the existing air conditioning equipment and facilities servicing the Premises or fails to enter into and maintain the referenced service contract Landlord may following twenty (20) days' written notice to Tenant and Tenant's failure to cure such non-performance, repaired and operated by Tenant in compliance with all present and future laws and regulations relating thereto at Tenant’s 's sole cost and expense. expense payable by Tenant shall pay Tenant’s proportionate share of all electricity (and also waterupon demand as additional rent hereunder, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System and perform any necessary maintenance or enter into such service contract for the production of chilled and/or condenser water and its supply to the Premises. Provided that Tenant performs the referenced maintenance and repair of the existing air conditioning equipment and enters into the above-referenced service contract, Landlord shall be responsible for the replacement, as necessary, of major components of the air conditioning mechanical equipment (e.g., without limitation, the compressor and pumps), provided that any such replacement are not necessitated by the negligence or willful misconduct of Tenant, its employees, representatives, servants or invitees, in which event Tenant shall be solely responsible for the cost of same. If supplementary air-air conditioning equipment is and/or facilities are required to accommodate Tenant’s 's special usage areas (i.e. e.g., without limitation computer rooms, conference rooms, cafeteria/lunchroom lunchrooms or any special usage which subjects a portion or the entire Premises to a high density of office personnel and/or heat generating machines machinery or appliances), it shall be Tenant’s 's responsibility to furnish, install, maintain, repair and operate such required operate, subject to Landlord's written approval, which approval shall not be unreasonably withheld, any necessary supplementary air-air conditioning equipment for such Supplemental System and/or facilities at its sole cost and expense. Landlord reserves reserve the right to suspend the operation of the Building HVAC System all air conditioning equipment and facilities at any time that Landlord, in its reasonable sole judgment, deems it necessary to do so for reasons such as accidents, emergencies or any situation arising in the Premises or within the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC Systemnecessary, including without limitation, reasons relating to the making of accidents, emergencies, repairs, alterations alterations, or improvements in the Premises or the Building, and . Tenant agrees that any such suspension in the operation of the Building HVAC System air conditioning equipment and/or facilities may continue until such time as the reason causing basis for such suspension has been remedied and that Landlord shall not be held responsible or be liable to Tenant for any damages suffered by Tenant in connection therewith subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant terms of this Lease and unless resulting from being entitled to an abatement of rent as provided in Article 21 hereof, if applicableLandlord's negligence or willful misconduct. Tenant further agrees that Landlord shall have no responsibility not be responsible or liability to liable for any damages suffered by Tenant if operation of the Building HVAC System air conditioning equipment and/or facilities is prevented by strikes labor unrest, strikes, shortages or accidents or any cause beyond Landlord’s 's reasonable control, or by the orders or regulations of any federalFederal, stateState, county County or municipal local authority or by failure of the equipment and/or facilities or electric electrical current, steam and/or water or other required necessary power source.. CHANGES AND ALTERATIONS

Appears in 1 contract

Samples: Lease (Fusion Telecommunications International Inc)

Air Conditioning. 35.01 Subject Tenant shall be permitted to use the provisions of this Article and all other applicable provisions of this Lease, Landlord shall supply equipment presently supplying air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building Existing HVAC SystemEquipment”) during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.p.m. during the Building’s “Cooling Season” (which is currently May 15 through October 15) subject to and in accordance with the provisions of this LeaseArticle. Landlord shall perform such work as is necessary, if any, in order to place the Building Existing HVAC System Equipment in good working order (“Landlord’s Initial HVAC Work”)) subject, however, to Tenant’s obligation to thereafter maintain and repair the Existing HVAC Equipment in accordance with the provisions of this Article. Landlord shall perform Landlord’s Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof. All Tenant acknowledges and agrees that air-conditioning service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord has no obligation to operate, maintain or to repair the said equipment or to supply air-conditioning service to the Premises. The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities (other than the Building HVAC System) hereafter located in or servicing the Premises, Premises (the “Supplemental Systems”) including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Building Existing HVAC System Equipment and any the Supplemental Systems (collectively hereinafter defined) 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 Tenant’s proportionate share of for all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System System, and Tenant’s proportionate share of the electric current (and/or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises, if applicable, which shall become the obligation of Tenant subject to the terms of Article 41 of this Lease. If supplementary air-conditioning equipment is required to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or Tenant shall pay for all parts and supplies necessary for the entire Premises to a high density of office personnel and/or heat generating machines or appliances), it shall be Tenant’s responsibility to furnish, install, maintain, repair and operate such required supplementary air-conditioning equipment for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend proper operation of the Building HVAC System at (and any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies restoration or replacement by Tenant of all or any situation arising part thereof shall be in quality and class at least equal to the Premises original work or within installations); provided, however, that Tenant shall not alter, modify, remove or replace the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond part thereof, without Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power sourceprior written consent.

Appears in 1 contract

Samples: Agreement of Lease (Tiziana Life Sciences PLC)

Air Conditioning. 35.01 Subject Tenant shall be permitted to use the provisions of this Article and all other applicable provisions of this Lease, Landlord shall supply equipment presently supplying air-conditioning service to the Premises through the Building’s central air-conditioning facilities (the “Building "Existing HVAC System”Equipment") during the Building’s air conditioning season (May 15th to October 15th) during the Building’s air conditioning operating hours (Monday to Friday from 8:00 a.m. to 6:00 p.m.p.m. during the Building's "Cooling Season" (which is currently May 15 through October 15) subject to and in accordance with the provisions of this LeaseArticle. Landlord shall perform such work as is necessary, if any, in order to place the Building Existing HVAC System Equipment in good working order ("Landlord’s 's Initial HVAC Work”)") subject, however, to Tenant's obligation to thereafter maintain and repair the Existing HVAC Equipment in accordance with the provisions of this Article. Landlord shall perform Landlord’s 's Initial HVAC Work as promptly as is reasonably practical following the commencement of the Term hereof, Tenant acknowledges and agrees that air-conditioning, service to the Premises shall be supplied through equipment operated, maintained and repaired by Tenant and that Landlord has no obligation to operate, maintain or to repair the said equipment or to supply air-conditioning service to the Premises. All The Existing HVAC Equipment and all other air conditioning systems, equipment and facilities (other than the Building HVAC System) hereafter located in or servicing the Premises, Premises {the "Supplemental Systems") including, without limitation, the ducts, dampers, registers, grilles and appurtenances utilized in connection with both the Building Existing HVAC System Equipment and any the Supplemental Systems (collectively hereinafter defined) 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 's sole cost and expense. Tenant shall pay Tenant’s proportionate share of for all electricity (and also water, gas and/or steam, if applicable) consumed in the operation of the Building HVAC System System, and Tenant's proportionate share of the electric current (and or water, gas and steam) for the production of chilled and/or condenser water and its supply to the Premises. If supplementary air-conditioning equipment is required , if applicable, which shall become the obligation of Tenant subject to accommodate Tenant’s special usage areas (i.e. computer rooms, conference rooms, cafeteria/lunchroom or any special usage which subjects a portion or the entire Premises to a high density terms of office personnel and/or heat generating machines or appliances), it Article 41 of this Lease Tenant shall be Tenant’s responsibility to furnish, install, maintain, repair pay for all parts and operate such required supplementary air-conditioning equipment supplies necessary for such Supplemental System at its sole cost and expense. Landlord reserves the right to suspend proper operation of the Building HVAC System at (and any time that Landlord, in its reasonable judgment, deems it necessary to do so for reasons such as accidents, emergencies restoration or replacement by Tenant of all or any situation arising part thereof shall be in quality and class at least equal to the Premises original work or within installations); provided, however, that Tenant shall not alter, modify, remove or replace the Building which has an adverse affect, either directly or indirectly, on the operation of Building HVAC System, including without limitation, reasons relating to the making of repairs, alterations or improvements in the Premises or the Building, and Tenant agrees that any such suspension in the operation of the Building HVAC System may continue until such time as the reason causing such suspension has been remedied and that Landlord shall not be held responsible or be subject to any claim by Tenant due to such suspension, provided that the foregoing shall not be deemed to preclude Tenant from being entitled to an abatement of rent as provided in Article 21 hereof, if applicable. Tenant further agrees that Landlord shall have no responsibility or liability to Tenant if operation of the Building HVAC System is prevented by strikes or accidents or any cause beyond part thereof, without Landlord’s reasonable control, or by the orders or regulations of any federal, state, county or municipal authority or by failure of the equipment or electric current, steam and/or water or other required power source's prior written consent.

Appears in 1 contract

Samples: Agreement of Lease (Fermavir Pharmaceuticals, Inc.)

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