HVAC Usage. The second grammatical paragraph in Section (b) of Exhibit “E” attached to the Lease is hereby deleted in its entirety and replaced with the following: “Upon one (1) day prior notice by Tenant given during Building Operating Hours, Landlord will furnish such air conditioning and heating at other times (that is, other than the times specified above), in which case Tenant shall reimburse Landlord for all reasonable actual costs (currently $10.00 per hour) for any heating and air conditioning provided to the Demised Premises during days and times other than the Building Operating Hours (the “After Hours Rate”). Tenant hereby requests that Landlord furnish heating and air conditioning to the Demised Premises each weekday beginning at 4:00 a.m. (“Early Morning HVAC Service”). Tenant shall notify Landlord at least 24 hours in advance if it does not require such Early Morning HVAC Service for a particular day (or by 4:00 p.m. on the Friday preceding any Monday or Tuesday that Tenant does not require Early Morning HVAC Service). All Early Morning HVAC Service shall be billed and paid by Tenant at the After Hours Rate. Any sums due hereunder shall be paid by Tenant to Landlord together with the installment of Base Rental which is due next following receipt by Tenant of a billing from Landlord for such sums. Tenant acknowledges and agrees that the use of the boiler during the months of May, June, July, August and September will not be necessary.”
HVAC Usage. If Tenant’s use of the Premises places demands upon the Building’s heat and air conditioning in excess of Landlord’s estimate of normal usage by an office tenant, as may be adjusted from time to time by Landlord, Landlord shall have the right to install, at Tenant’s expense, supplementary air conditioning units or other systems (“Supplementary HVAC”) to serve the Premises, including additional metering devices, in locations reasonably acceptable to Tenant; provided however, that, prior to the installation of any such Supplementary HVAC, Landlord will provide notice to Tenant (“HVAC Notice”) of the need for such Supplementary HVAC, and the anticipated cost of procurement, installation and subsequent maintenance of the same. Upon receipt of an HVAC Notice Tenant shall have up to thirty (30) days in which to mitigate Tenant’s activities within the Premises in a manner which negates the need for Landlord’s installation of such Supplementary HVAC. However, if Tenant does not so mitigate its activities to the satisfaction of Landlord within said thirty (30) days after receipt of an HVAC Notice, Landlord shall have the right, upon further notice to Tenant, to install such Supplementary HVAC. Tenant shall pay Landlord for all costs for such Supplementary HVAC, including the costs of: (i) installation, operation, and maintenance; (ii) increased wear and tear on existing equipment; and (iii) other similar charges (including, Landlord’s project management fee of ten percent 10% of the cost to provide and install the Supplementary HVAC).
HVAC Usage. Pursuant to the Lease, Tenant is required to pay for excess and after-hours heating, ventilation and air conditioning (“HVAC”) for any usage beyond the hours of 8:00 am to 6:00 pm, Monday through Friday. During such hours and any after-hours use the temperatures in the Premises shall be between the ranges set forth in Section 14.1.3
HVAC Usage. Pursuant to the Lease, Tenant is required to pay for excess and after-hours heating, ventilation and air conditioning (“HVAC”) for any usage beyond the hours of 8:00 am to 6:00 pm, Monday through Friday. During such hours and any after-hours use the temperatures in the Premises shall be between the ranges set forth in Section 14.1.3 of the Original Lease. From and after the Effective Date and continuing throughout the Term (as the same may be further extended), Tenant shall pay as additional Rent $40.00 per hour for each Building HVAC Unit on and running after hours for such after-hour HVAC usage. The hourly rate set forth above shall increase at such times and in such amounts as the hourly rate is increased by owners of other Comparable Buildings during the Term (as the same may be further extended). Tenant shall provide Landlord and its agents with “read-only” reasonable access to Tenant’s BMS system as of January 1, 2010, and commencing as of the Effective Date, copies of any related reports with respect to Tenant’s usage of the Building HVAC Units, for Landlord to verify the actual hours of HVAC usage, which access and reports shall be provided upon not less than five (5) business days’ prior notice (which may be oral) from Landlord.
