Common use of HVAC System Clause in Contracts

HVAC System. Landlord shall deliver the HVAC System, as hereinafter defined, as well as the Building systems servicing the Premises, to Tenant in good working order and repair. Tenant shall maintain, the heating, air conditioning and ventilation equipment and system and the hot water equipment (collectively the “HVAC System”) in good repair and condition and in accordance with Law and with the equipment manufacturers’ suggested operation/maintenance service program. Such obligation shall include the replacement of all equipment necessary to maintain the HVAC System servicing the Premises in good working order. Within thirty (30) days after the Commencement Date, Tenant shall deliver to Landlord copies of contracts entered into by Tenant for regularly scheduled preventive maintenance and service contracts for the HVAC System, each contract in a form and substance and with a contractor reasonably acceptable to Landlord. At least fourteen (14) days before the Expiration Date, the earlier termination of this Lease, or the termination of Tenant’s right to possess the Premises, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the HVAC System is then in good repair and working order. Landlord will warrant all HVAC systems for a period of six (6) months following the Commencement Date and shall be responsible for any and all repair/replacement (but not Tenant’s quarterly maintenance charges) costs during such period (except for damage caused by Tenant’s failure to properly maintain the HVAC system or the negligence of Tenant or its agents, employees or contractors). In the event that the HVAC unit servicing the Premises requires replacement at any time during the Term after such six month period, as evidenced by a written report from Tenant’s service provider, Tenant shall reimburse Landlord for the portion of the replacement cost for such existing HVAC Unit (the “Replacement Cost”) equal to the product obtained by multiplying the Replacement Cost by a fraction, the numerator of which shall be the number of days subsequent to the installation of such unit until and including the last day of the Term, and the denominator of which shall be 3,650 (which is the number of days in a ten year useful life for such unit). Such replacement must also be due to ordinary wear and tear (and not due to any misuse or abuse of the unit by Tenant or failure of Tenant to properly maintain the unit). All such replacements will be subject to Landlord’s written approval of the same. Tenant shall pay Tenant’s portion of such Replacement Costs as Additional Rent on a monthly basis based amortized at a 9% annual rate of interest over the remainder of the term of this Lease.

HVAC System. Landlord In addition to the provisions contained in section 6.06 of the Master Lease, the following shall deliver be applicable upon surrender of the HVAC SystemPremises by Tenant: at least eighteen (18) months prior to the expiration of the initial Lease Term (or, if Tenant exercises its option for the First Extended Term (as hereinafter defineddefined in the Master Lease), as well as at least eighteen (18) months prior to the Building systems servicing expiration of the PremisesFirst Extended Term) , to Tenant in good working order and repair. Tenant shall maintaininform Landlord in writing that Tenant shall or shall not, at no cost to Landlord, remove all or any portion of the heating, ventilating, and air conditioning and ventilation equipment and system and the hot water equipment (collectively the “"HVAC System”") serving the manufacturing area of the Premises ("Manufacturing Area"), which Manufacturing Area is described in good repair Exhibit E-1 attached hereto and condition incorporated herein by reference, or (ii) render such HVAC System in the Manufacturing Area inoperable; provided, however, Tenant shall not have the right to remove all or any portion of the HVAC System serving the front office area described on Exhibit E-2 attached hereto ("Front Office Area"). To the extent the HVAC System in the Manufacturing Area is not removed from the Premises or rendered inoperable, and is utilized by Tenant, during the Term of the Master Lease, Tenant shall maintain or cause such HVAC System to be maintained in accordance with Law the terms and with provisions of the equipment manufacturers’ suggested operation/maintenance service programMaster Lease, including without limitation, Section 6.04 of the Master Lease. Such obligation shall include Upon the replacement expiration or earlier termination of the Master Lease, if all equipment necessary to maintain or any portion of the HVAC System servicing in the Premises Manufacturing Area has not been removed prior to such time, Landlord, in good working order. Within thirty Landlord's sole discretion, may require Tenant to remove the HVAC System or any portion thereof then remaining in the Manufacturing Area, whether such HVAC System is then operable or not (30and Landlord shall inform Tenant of such decision within sixty (60) days after prior to the Commencement Dateexpiration or earlier termination of the Master Lease). If Landlord shall not require Tenant to remove the HVAC System in the Manufacturing Area within the time period set forth in the preceding sentence, Tenant shall deliver have no further obligation to Landlord copies remove, repair or restore such HVAC System in the Manufacturing Area. In the event Tenant removes all or any portion of contracts entered into by Tenant for regularly scheduled preventive maintenance and service contracts for the HVAC System, each contract System in a form and substance and with a contractor reasonably acceptable the Manufacturing Area subsequent to Landlord. At least fourteen (14) days before the Expiration Date, the expiration or earlier termination of this the Sublease, Tenant and its employees, contractors and agents shall remove such HVAC System in the Manufacturing Area in accordance with industry standards, Tenant shall promptly repair any damage to the Premises caused by such removal, and Tenant shall restore the Premises to the extent required by the Master Lease, or . With respect to the termination HVAC System serving the remainder of Tenant’s right to possess the Premises, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that maintain or cause the HVAC System is then to be maintained in good repair accordance with the terms and working order. Landlord will warrant all HVAC systems for a period of six (6) months following the Commencement Date and shall be responsible for any and all repair/replacement (but not Tenant’s quarterly maintenance charges) costs during such period (except for damage caused by Tenant’s failure to properly maintain the HVAC system or the negligence of Tenant or its agents, employees or contractors). In the event that the HVAC unit servicing the Premises requires replacement at any time during the Term after such six month period, as evidenced by a written report from Tenant’s service provider, Tenant shall reimburse Landlord for the portion provisions of the replacement cost for such existing HVAC Unit (the “Replacement Cost”) equal to the product obtained by multiplying the Replacement Cost by a fraction, the numerator of which shall be the number of days subsequent to the installation of such unit until and including the last day of the Term, and the denominator of which shall be 3,650 (which is the number of days in a ten year useful life for such unit). Such replacement must also be due to ordinary wear and tear (and not due to any misuse or abuse of the unit by Tenant or failure of Tenant to properly maintain the unit). All such replacements will be subject to Landlord’s written approval of the same. Tenant shall pay Tenant’s portion of such Replacement Costs as Additional Rent on a monthly basis based amortized at a 9% annual rate of interest over the remainder of the term of this Master Lease.

HVAC System. Landlord shall deliver the HVAC System, as hereinafter defined, as well as the Building systems Systems servicing the Premises, to Tenant in good working order and repair, and Landlord shall pay for any costs over Five Hundred Dollars ($500.00) per occurrence, of all parts and labor for repairs to the HVAC System and replacements thereof necessitated by ordinary wear and tear for a period of twelve (12) months following the Commencement Date (provided that (i) Landlord pre-approves in writing any applicable repair or replacement, which approval shall not be unreasonably withheld or delayed, and (ii) to the extent the repair or replacement was not necessitated by Tenant’s failure to maintain or negligence). After the initial twelve (12) month period, Tenant shall be responsible for the cost of any repairs to the HVAC system and Tenant shall maintain, the heating, air conditioning conditioning, and ventilation equipment and system and the hot water equipment (collectively the “HVAC System”“) in good repair and condition and in accordance with Law and with the equipment manufacturers’ suggested operation/maintenance service program. Such obligation shall include the replacement of all equipment necessary to maintain the HVAC System servicing the Premises in good working order. Within thirty (30) days after the Commencement Date, Tenant shall deliver to Landlord copies of contracts entered into by Tenant for regularly scheduled preventive maintenance and service contracts for the HVAC System, each contract in a form and substance and with a contractor reasonably acceptable to Landlord. At least fourteen (14) days before the Expiration Date, the earlier termination of this Lease, or the termination of Tenant’s 's right to possess the Premises, Tenant shall deliver to Landlord a certificate from an engineer reasonably acceptable to Landlord certifying that the HVAC System is then in good repair and working order. Landlord will warrant shall provide Tenant with reasonable access to the HVAC System 24X7X365 so that Tenant may control and use the HVAC as desired at all times. The HVAC systems for a period of six (6) months following the Commencement Date and System shall be responsible dedicated to Tenant and not shared with any other tenant in the Building. Notwithstanding the foregoing to the contrary, provided Tenant enters into a regularly scheduled preventative maintenance and service contract for any and all repair/replacement (but not Tenant’s quarterly maintenance charges) costs during such period (except for damage caused by Tenant’s failure to properly maintain the HVAC system or System with a reputable HVAC contractor pursuant to the negligence provisions of Tenant or its agentsthis Section 5.3, employees or contractors). In the event that the HVAC unit servicing the Premises requires replacement if at any time during the Term after such six month period, as evidenced by the HVAC unit serving the Premises requires replacement or a written report from Tenant’s service provider, Tenant shall reimburse Landlord repair in excess of $3,000 for the portion of repair project (as recommended by the contractor approved by Landlord and Tenant) and such need for replacement cost for such existing HVAC Unit (the “Replacement Cost”) equal to the product obtained by multiplying the Replacement Cost by a fraction, the numerator of which shall be the number of days subsequent to the installation of such unit until and including the last day of the Term, and the denominator of which shall be 3,650 (which or applicable repair is the number of days in a ten year useful life for such unit). Such replacement must also be due to ordinary wear and tear (and not to the extent due to any misuse or abuse of the unit by Tenant or failure of Tenant to properly maintain the unit). All , then the cost of such replacements will replacement or applicable repair shall be subject to Landlord’s written approval amortized over the useful life of the same. unit in accordance with GAAP and Tenant shall only be required to pay Tenant’s that portion of the cost applicable to the Term (as may be extended). Landlord must pre-approve, in writing, any such Replacement Costs replacement, repair or improvement, which such approval shall not be unreasonably withheld or delayed. Except as Additional Rent on a monthly basis based amortized at a 9% annual rate of interest over the remainder set forth above, Tenant shall be liable for any additional or other repairs or replacements of the term of this LeaseHVAC System during the Term.