Common use of HVAC Equipment Clause in Contracts

HVAC Equipment. Landlord shall, at is expense, deliver the Premises to Tenant with all heating, ventilation and air conditioning (“HVAC”) equipment serving the Premises separated from any other portion of the Building and otherwise in good working order; provided that it is understood and agreed that such HVAC equipment shall consist of fifteen (15) Lennox rooftop units and two (2) Liebert units that will provide a combined total of approximately 220 tons of HVAC service to the Premises. Thereafter, Tenant shall, at its expense, maintain an HVAC service contract with a licensed HVAC contractor as reasonably approved by Landlord, and cause all routine maintenance service recommended by such contractor (e.g. filter replacement and fan belt adjustment or replacement) to be performed on a timely basis. At Landlord’s request, Tenant shall furnish Landlord with copies of such HVAC service contract and all HVAC equipment maintenance records. Subject to Tenant’s obligation to maintain the HVAC service contract, and provided that Tenant causes all routine maintenance of such HVAC equipment to be performed on a timely basis at Tenant’s sole expense, it is understood and agreed that, notwithstanding any provision of Section 8.1 or Section 8.2 hereof to the contrary, Landlord shall reimburse Tenant for the cost to repair each HVAC unit serving the Premises for the first six (6) months of the Lease Term; provided that such reimbursable repair costs shall not include (i) the cost of the HVAC maintenance contract, (ii) the cost of any routine maintenance (e.g. filter replacement and fan belt adjustment or replacement), or (iii) the cost of any repairs or replacements made necessary as the result of Tenant’s failure to maintain each HVAC unit as required hereunder. Except in case of emergencies, Tenant shall obtain Landlord’s prior written approval of any anticipated HVAC repairs or replacements costing more than TEN THOUSAND DOLLARS ($10,000.00) in any one instance, which approval shall not be unreasonably withheld.

HVAC Equipment. Landlord shallSubject to the provisions of any reasonable Rules and Regulations of the Building now or hereafter in effect, at is expenseTenant (and any subtenants permitted hereunder) shall have a license, deliver the Premises without any separate license fee, to Tenant with all heating, ventilation and air conditioning (“HVAC”) equipment serving the Premises separated from any other use a portion of the setback of the Building identified on Exhibit H to this Lease (the “HVAC Space”) for the installation of up to two air cooled condenser units, and otherwise in good working order; provided that it is understood and agreed that such HVAC related equipment shall consist of fifteen (15) Lennox rooftop units and two (2) Liebert units that will provide a combined total of approximately 220 tons of HVAC service including, without limitation, electrical equipment installed subject to the Premisesterms of this Lease) used for the purpose of furnishing heating, cooling and ventilation to the 17th Floor Premises (the “HVAC Equipment”). ThereafterThe HVAC Equipment may not be connected to, or interfere in any way with the proper functioning of any Building System. Tenant shall install the HVAC Equipment at its sole cost and expense and in accordance with plans and specifications prepared by Tenant and approved in advance of installation by Landlord and, if Landlord so elects, by a structural engineer retained by Landlord at Tenant’s sole but reasonable cost and expense. Any penetration of the setback membrane or structure shall be performed by Landlord, or by a contractor under the supervision of Landlord, at Tenant’s sole but reasonable cost and expense. Tenant shall, together with the submission of any plans and specifications required to be submitted for Landlord’s approval pursuant to Article 5 of this Lease, submit to Landlord “cut sheets” detailing the placement and manner of installation of the HVAC Equipment for approval by Landlord. Without in any way limiting Landlord’s right to withhold its approval of Tenant’s installation plans and specifications, Landlord reserves the absolute right to withhold its approval of Tenant’s installation plans and specifications if Landlord or Landlord’s structural engineer reasonably determines that installation in accordance with such plans and specifications would be likely to harm or compromise, or threaten to harm or compromise the soundness and integrity of the structural components of the Building. In such event however, Landlord shall cooperate with Tenant to determine an alternative method of installation of the HVAC Equipment which will be reasonably satisfactory to Landlord’s structural engineer. The HVAC Equipment shall be installed by a qualified contractor approved in advance by Landlord and subject to the ongoing review of Landlord’s structural engineer. Such installation shall be performed in a good and workmanlike manner, in compliance with all Requirements, and in accordance with all terms and conditions of Articles 5 and 12 of this Lease. Prior to any installation of the HVAC Equipment, Tenant shall, at its expense, maintain an Tenant’s expense furnish to Landlord the insurance required by Section 5.1(b). Tenant shall cause any installation of the HVAC service contract with a licensed HVAC contractor as reasonably approved by Landlord, and cause all routine maintenance service recommended by such contractor (e.g. filter replacement and fan belt adjustment or replacement) Equipment to be performed on a timely basis. At at such times as will not interfere with the use of the Building by other tenants and occupants (including Landlord’s request) of the Building, Tenant shall furnish Landlord with copies of it being understood that such HVAC service contract and all HVAC equipment maintenance records. Subject to Tenant’s obligation to maintain the HVAC service contract, and provided that Tenant causes all routine maintenance of such HVAC equipment to work may be performed on a timely basis at Tenant’s sole expenseSaturdays, it is understood and agreed that, notwithstanding any provision of Section 8.1 or Section 8.2 hereof to the contrary, Landlord shall reimburse Tenant for the cost to repair each HVAC unit serving the Premises for the first six (6) months of the Lease Term; provided that such reimbursable repair costs shall not include (i) commence the cost installation of the HVAC maintenance contract, (ii) Equipment unless and until Landlord approves in writing a schedule detailing the cost time and manner of any routine maintenance (e.g. filter replacement and fan belt adjustment or replacement), or (iii) the cost of any repairs or replacements made necessary as the result of Tenant’s failure to maintain each HVAC unit as required hereunder. Except in case of emergencies, Tenant shall obtain Landlord’s prior written approval of any anticipated HVAC repairs or replacements costing more than TEN THOUSAND DOLLARS ($10,000.00) in any one instancesuch installation, which approval shall not be unreasonably withheldwithheld or delayed.

HVAC Equipment. Landlord shallProvided Tenant is not in default under the -------------- terms of this Lease, during the Term, Tenant shall have a non-exclusive license to install and maintain on a portion of the roof of the Building not to exceed twelve hundred (1200) square feet and located above Tenant's data center, at is Tenant's sole cost and expense, deliver the Premises to Tenant with all certain heating, ventilation and air conditioning equipment (“HVAC”"HVAC Equipment") equipment serving on the Premises separated from any other portion terms and conditions set forth herein. Prior to the installation of the HVAC Equipment on the roof(s), Tenant shall provide in writing to Landlord the HVAC Equipment specifications, including the total square footage, location, and design of the HVAC Equipment for approval by Landlord, in Landlord's reasonable discretion. If required by Landlord, the HVAC Equipment, at Tenant's cost and expense, shall be screened with a material similar to the exterior of the Building so as to cause the screening to appear from a ground-level view to be part of the Building. If any repairs or replacement of material on the roof(s) are required, Tenant shall pay the cost and otherwise expense for Landlord to remove or relocate the HVAC Equipment for such reasonable time as may be necessary for Landlord and its contractors and agents to conduct such repair or replacement. Tenant shall be solely responsible for any damage to or loss of the HVAC Equipment and shall carry loss and casualty insurance with full replacement value coverage. Tenant shall have the right to remove the HVAC Equipment at any time during the Term or at the end of the Term, and Tenant shall repair at its sole cost and expenses all damage caused to the Premises or the Building by such removal. Landlord, at its option, shall remove or require Tenant to remove the HVAC Equipment upon the termination of this Lease, and Tenant shall promptly reimburse Landlord the cost and expense to repair any and all damage caused to the Building(s) in good working order; provided connection with such removal. Tenant shall not be entitled to modify or add to the HVAC Equipment without Landlord's prior written consent. The placement of the HVAC Equipment shall not interfere with any existing facilities, including but not limited to existing equipment of other tenants of the Buildings, located in or on the roof of the Building or located elsewhere in the Project. Tenant shall be responsible for obtaining (prior to installation of the HVAC Equipment) any and all approvals, permits or licenses that it is understood may be required by any governmental authorities in connection with the HVAC Equipment. Provided the foregoing conditions are satisfied there shall be no charge to Tenant for such license, and agreed that such HVAC equipment license shall consist expire at the end of fifteen (15) Lennox rooftop units and two (2) Liebert units that will provide the Term of this Lease. Tenant shall have the right to tap into the Building's domestic water supply to operate a combined total of approximately 220 tons of HVAC service to humidifier system in the Premises. Thereafter, Tenant shall, at its expense, maintain an HVAC service contract with a licensed HVAC contractor as reasonably approved by Landlord, and cause all routine maintenance service recommended by such contractor (e.g. filter replacement and fan belt adjustment or replacement) to be performed on a timely basis. At Landlord’s request, Tenant shall furnish Landlord with copies of such HVAC service contract and all HVAC equipment maintenance records. Subject have the right to Tenant’s obligation to maintain install drains for the HVAC service contract, Equipment and provided that Tenant causes all routine maintenance of such to discard HVAC equipment to be performed on a timely basis at Tenant’s sole expense, it is understood and agreed that, notwithstanding any provision of Section 8.1 or Section 8.2 hereof to wastewater into the contrary, Landlord shall reimburse Tenant for the cost to repair each HVAC unit serving the Premises for the first six (6) months of the Lease Term; provided that such reimbursable repair costs shall not include (i) the cost of the HVAC maintenance contract, (ii) the cost of any routine maintenance (e.g. filter replacement and fan belt adjustment or replacement), or (iii) the cost of any repairs or replacements made necessary as the result of Tenant’s failure to maintain each HVAC unit as required hereunderBuilding's sewage system. Except in case of emergencies, Tenant shall obtain Landlord’s prior written approval of have the right to remove or cap any anticipated HVAC repairs or replacements costing more than TEN THOUSAND DOLLARS ($10,000.00) heating system in any one instance, which approval shall not be unreasonably withheldthe Premises.

HVAC Equipment. Landlord shallNotwithstanding anything in this Section 8 to the contrary, at is expense, deliver if either party reasonably determines that the Premises to Tenant with all heating, ventilation and air conditioning (“HVAC”) HVAC equipment serving located on the Premises separated from any other portion roof of the Building requires replacement instead of repairs, Landlord and otherwise Tenant shall negotiate in good working order; provided that it is understood and agreed that faith to determine whether such replacements (instead of repairs) will be required to be performed. If repairs rather than replacements are required to be made, all repair costs with respect to the HVAC equipment on the roof of the Building shall consist of fifteen (15) Lennox rooftop units and two (2) Liebert units that will provide a combined total of approximately 220 tons of HVAC service to the Premises. Thereafterbe incurred by Tenant, Tenant shall, at its expense, maintain an HVAC service contract with a licensed HVAC contractor as reasonably approved by Landlord, and cause all routine maintenance service recommended by such contractor (e.g. filter replacement and fan belt adjustment or replacement) to be performed on a timely basis. At Landlord’s request, Tenant shall furnish Landlord with copies of such HVAC service contract and all HVAC equipment maintenance records. Subject to Tenant’s obligation to maintain the HVAC service contract, and provided that Tenant causes all routine maintenance of such HVAC equipment to be performed on a timely basis at Tenant’s sole cost and expense; provided, however, if any required repairs are capital repairs (meaning, the aggregate cost thereof will exceed thirty-three percent (33%) or more of the replacement value of such repair item), then such capital repairs shall be performed by Landlord at Landlord’s sole cost and expense, it is understood and agreed thatprovided further, notwithstanding any provision of Section 8.1 or Section 8.2 hereof to the contraryhowever, Landlord shall reimburse Tenant for the cost to repair each HVAC unit serving the Premises for the first six (6) months of the Lease Term; provided that such reimbursable repair costs shall not include (i) the cost of such capital repairs so paid by Landlord shall be amortized (including interest on the HVAC maintenance contractunamortized cost at the Interest Rate) in equal annual installments over the useful life of such repair item in accordance with standard real estate management and accounting practices consistently applied by Landlord, and shall be included in Operating Expenses, and (ii) if any such capital repairs are required due to the cost negligence or willful misconduct of any routine maintenance Tenant or Tenant’s agents, employees, contractors, subtenants, licensees or invitees (e.g. filter replacement and fan belt adjustment or replacement), or (iii) the cost of any repairs or replacements made necessary including as the a result of Tenant’s failure to maintain each perform its maintenance and repair obligations set forth in this Section 8), then such capital repairs shall be performed by Tenant at Tenant’s sole cost and expense. If it is determined by the parties that replacements of the HVAC unit as equipment on the roof of the Building are required hereunder. Except in case of emergenciesto be performed, Tenant such replacements shall obtain be performed by Landlord at Landlord’s prior written approval sole cost and expense; provided, however, that (A) the cost of any anticipated HVAC repairs or such replacements costing more than TEN THOUSAND DOLLARS so paid by Landlord shall be amortized ($10,000.00including interest on the unamortized cost at the Interest Rate) in equal annual installments over the useful life of such replacement as established by the manufacturer of such replacement, and shall be included in Operating Expenses, and (B) if any one instancesuch replacements are required due to an act, which approval omission or negligence of Tenant or Tenant’s agents, employees, contractors, subtenants, licensees or invitees (including as a result of Tenant’s failure to perform its maintenance and repair obligations set forth in this Section 8), then such replacements shall not be unreasonably withheldperformed by Tenant at Tenant’s sole cost and expense.”

HVAC Equipment. Landlord shall, at is expense, deliver In connection with Tenant's maintenance and repair of the Premises to Tenant with all heating, ventilation ventilating, and air conditioning (“HVAC”) system, Tenant shall provide Landlord during the term of this Lease and any renewal hereof with a duplicate original of a maintenance contract in form and substance reasonably acceptable to Landlord, with a reputable HVAC maintenance firm. If Tenant fails to provide Landlord with a duplicate original of a maintenance contract within 45 days after the Rent Commencement Date, Landlord shall have the right (but not the obligation), upon not less than 10 days advance notice, to obtain on behalf of Tenant, a maintenance contract at reasonable market cost. The cost for such contract shall be charged to Tenant as Additional Rent and shall become payable by Tenant with the payment of rent next due hereunder. Tenant shall at all times conduct maintenance on the HVAC equipment serving at the Premises separated from in accordance with all federal, state or local laws. Landlord agrees that during the Term, Tenant shall receive benefit, through assignment or otherwise as appropriate, of all manufacturer's warranties with respect to the HVAC systems. In the event that a leak occurs in any other portion of the Building and otherwise in good working order; provided that it is understood and agreed that such HVAC equipment shall consist of fifteen (15) Lennox rooftop units and two (2) Liebert units that will provide a combined total of approximately 220 tons of HVAC service to at the Premises. Thereafter, Tenant shall, at its expense, maintain an HVAC service contract with a licensed HVAC contractor as reasonably approved by Landlord, and cause all routine maintenance service recommended by such contractor (e.g. filter replacement and fan belt adjustment or replacement) to be performed on a timely basis. At Landlord’s request, Tenant shall furnish promptly repair such leak in accordance with such federal, state or local laws and shall, in any event repair such leaks within the deadline imposed by such federal, state or local laws. Tenant hereby agrees to indemnify, defend and hold Landlord with copies of such HVAC service contract harmless against any and all damages, liabilities, losses, costs and expenses, including reasonable attorneys' fees, incurred by Landlord as a result of Tenant's failure to conduct maintenance on the HVAC equipment maintenance records. Subject to at the Premises in accordance with all federal, state or local laws or as a result of Tenant’s obligation to maintain the HVAC service contract, and provided that Tenant causes all routine maintenance of such HVAC equipment to be performed on a timely basis at Tenant’s sole expense, it is understood and agreed that, notwithstanding any provision of Section 8.1 or Section 8.2 hereof to the contrary, Landlord shall reimburse Tenant for the cost 's failure to repair each HVAC unit serving the Premises for the first six (6) months of the Lease Term; provided that such reimbursable repair costs shall not include (i) the cost any leak in any portion of the HVAC maintenance contractequipment at the Premises in accordance with federal, (ii) state or local laws. In the cost event of any routine maintenance (e.g. filter a replacement and fan belt adjustment of a part or replacement), or (iii) portion of the cost of any repairs or replacements made necessary as HVAC equipment which is warranted by the result of Tenant’s failure to maintain each HVAC unit as required hereunder. Except in case of emergenciesmanufacturer and/or guaranteed by the installer, Tenant shall obtain provide Landlord with a duplicate original of the warranty and/or guarantee. The parties agree that the foregoing provisions are not in diminution of the Landlord’s prior written approval of any anticipated HVAC repairs or replacements costing more than TEN THOUSAND DOLLARS ($10,000.00) in any one instance, which approval shall not be unreasonably withheld's obligations pursuant to Section 5.6 below.