Heating, Ventilation and Air Conditioning Landlord shall furnish to the Premises heating, ventilation and air-conditioning (“HVAC”) in accordance with the Design Standards set forth in Exhibit D during Ordinary Business Hours. Landlord shall have access to all air-cooling, fan, ventilating and machine rooms and electrical closets and all other mechanical installations of Landlord (collectively, “Mechanical Installations”), and Tenant shall not construct partitions or other obstructions which may interfere with Landlord’s access thereto or the moving of Landlord’s equipment to and from the Mechanical Installations. No Tenant Party shall at any time enter the Mechanical Installations or tamper with, adjust, or otherwise affect such Mechanical Installations. Landlord shall not be responsible if the HVAC System fails to provide cooled or heated air, as the case may be, to the Premises in accordance with the Design Standards by reason of (i) any equipment installed by, for or on behalf of Tenant, which has an electrical load in excess of the average electrical load and human occupancy factors for the HVAC System as designed, or (ii) any rearrangement of partitioning or other Alterations made or performed by, for or on behalf of Tenant. Tenant shall install, if missing, blinds or shades on all windows, which blinds and shades shall be subject to Landlord’s approval, and shall keep operable windows in the Premises closed, and lower the blinds when necessary because of the sun’s position, whenever the HVAC System is in operation or as and when required by any Requirement. Tenant shall cooperate with Landlord and shall abide by the rules and regulations which Landlord may reasonably prescribe for the proper functioning and protection of the HVAC System. Tenant acknowledges that the server room in the Premises currently has three heat pumps installed, being two 4-ton units, and one 2.5-ton unit (the “Existing Heat Pumps”). The 2.5-ton unit is currently connected and operational. Tenant shall determine whether it is satisfied with the condition of the Existing Heat Pumps and Landlord shall not have any responsibility or liability for the condition, operation, maintenance, repair or replacement of the Existing Heat Pumps. Tenant may operate the Existing Heat Pumps. Tenant shall be responsible for, and pay directly for, all necessary maintenance and repairs to the Existing Heat Pumps. Tenant shall reimburse Landlord monthly for the cost of all utility services used to operate the Existing Heat Pumps within 10 Business Days after receipt of Landlord’s invoice for such amount. Landlord may measure Tenant’s usage of such utility services by either a sub-meter or by other reasonable methods such as by temporary check meters or by survey. Tenant, at its cost, may replace the Existing Heat Pumps with one or more new heat pumps, provided, however, that the capacity of such replacement heat pump(s) shall not exceed the 10.5-ton capacity cooling capacity of the Existing Heat Pumps.
Lighting A system of fixtures providing or controlling the light sources used on or near the airport or within the airport buildings. The field lighting includes all luminous signals, markers, floodlights, and illuminating devices used on or near the airport or to aid in the operation of aircraft landing at, taking off from, or taxiing on the airport surface.
Emergency Generator Tenant shall have the right, subject to compliance with all Governmental Requirements, to install and use an emergency generator for the Demised Premises, subject to Landlord’s prior approval of the location, type, method of installation, screening, and plans and specifications therefor, such approval to be given or withheld in Landlord’s sole discretion. If Landlord approves such request, Tenant’s installation and use of an emergency generator shall be subject to the following conditions: (i) Tenant shall comply with all applicable laws and requirements in connection with the installation and operation of the emergency generator; (ii) unless the parties otherwise agree, the emergency generator shall be disconnected and removed (including any related equipment, screening, wiring, conduit or other items) by Tenant, and any damage caused by such removal shall be repaired, at Tenant’s sole cost and expense, upon surrender of the Demised Premises, and in default thereof, Landlord may effect said removal and repairs at Tenant’s expense; (iii) the use of the emergency generator shall not create any hazardous condition or interfere with or impair the operation of the Building systems or utilities or other systems or facilities for the Building; (iv) the installation and use of the emergency generator shall be at Tenant’s sole cost and expense, including the cost of repairing all damage to the Building and any personal injury and/or property damage attributable to the installation, inspection, maintenance, removal or replacement of any equipment or apparatus resulting therefrom; and (v) Tenant shall be solely responsible for any increased insurance costs incurred by Landlord due to Tenant’s use of the emergency generator. Tenant will obtain prior to installation, any and all licenses, approvals and permits required for the installation, maintenance and use of the emergency generator (and Landlord agrees to provide reasonable cooperation therewith, at no out-of-pocket expense to Landlord). Landlord shall have no repair or maintenance obligations with respect to the emergency generator. Tenant hereby agrees to indemnify, defend and hold Landlord and its employees, agents and contractors harmless from any loss, costs and damages (including reasonable attorneys’ fees and costs) suffered by Landlord, its agents, employees or contractors, as a result of any claim by a third party, its agents, employees or contractors arising from Tenant’s installation, operation, use or removal of the emergency generator. This indemnity shall survive the expiration or earlier termination of this Lease.
Systems The details of any systems work will be determined after a thorough business analysis. System's work will be billed on a time and material basis. Investors Bank provides an allowance of 10 systems hours for data extract set up and reporting extract set up. Additional hours will be billed on a time and material basis.
