Common use of HVAC System Clause in Contracts

HVAC System. Tenant hereby acknowledges that an independent heating, ventilation and air conditioning system (“HVAC System”) will service the Premises, the electricity for which shall be separately sub- metered at Tenant’s sole cost and expense and for which Tenant shall make payment pursuant to the same provision and in the same manner as set forth in Section 9.01(b) above. Except as otherwise expressly provided in this Section 9.04 below, Landlord shall provide the existing HVAC system serving the Premises in its “AS-IS” condition. Tenant shall be responsible for providing air conditioning and heat to the Premises and Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide such services in the Premises. Tenant shall, at Tenant’s sole cost and expense, pay all costs to operate the HVAC System, and shall repair and maintain such HVAC System in good working condition (which shall include replacements, as necessary). All replacements shall be of a quality equal to or exceeding that of the original. However, at the sole option of Landlord, (a) Tenant shall contract with a service company approved by Landlord for the regular maintenance, repair and/or replacement (when necessary) of the HVAC System serving the Premises and shall provide Landlord with a copy of any service contract within the earlier of thirty (30) days following its execution or ten (10) days following Landlord’s request for such contract, or (b) Landlord may contract with a service company of its own choosing (or provide such service itself) for the maintenance, repair and/or replacement of the HVAC System serving the Premises and collect a reserve or bill Tenant for the cost of same. The sum so billed to Tenant shall become due to Landlord within thirty

HVAC System. Tenant hereby acknowledges that an independent heating, ventilation and air conditioning system (“HVAC System”A) will service the Premises, the electricity for which shall be separately sub- metered at Tenant’s sole cost and expense and for which Tenant shall make payment pursuant to the same provision and in the same manner as set forth in Section 9.01(b) above. Except as otherwise expressly provided in this Section 9.04 below, Landlord shall provide the existing HVAC system serving the Premises in its “AS-IS” condition. Tenant shall be responsible for providing air conditioning and heat to the Premises and Tenant hereby acknowledges that Landlord shall have no obligation whatsoever to provide such services in the Premises. Tenant shallresponsible, at Tenant’s sole cost and expense, pay all costs to operate for the HVAC System, and shall repair and maintain such HVAC System in good working condition (which shall include replacements, as necessary). All replacements shall be of a quality equal to or exceeding that of the original. However, at the sole option of Landlord, (a) Tenant shall contract with a service company approved by Landlord for the regular maintenance, repair and/or maintenance and replacement (when necessarybut subject to Section 9(b)(i)(D) below) of the HVAC System system(s) exclusively serving the Premises (“HVAC System”, if more than one exclusive system, each and collectively shall provide Landlord be referred to as HVAC System) and those items described in the last grammatical sentence of Section 9(a) above. Tenant shall retain a service and maintenance contract for such HVAC System with a copy of any service contract within contractor designated or reasonably approved by Landlord. (B) Notwithstanding anything to the earlier of thirty (30) days following its execution or contrary contained in this Lease, if Tenant shall fail, after ten (10) days following Landlord’s request for business days’ written notice (which notice will specify the failure claimed), to (a) hire the contractors (or cause such contract, contractors to perform the inspections and maintenance) required under this Section 9(b) above or (b) perform any maintenance or to make, or to commence and thereafter to proceed with diligence to make, any repair required of it with respect to the Premises pursuant to the terms of this Lease, then Landlord may contract with a elect (and without thereby waiving any default by Tenant) at any time upon written notice to Tenant to perform the necessary repair, maintenance and replacement and Tenant shall pay the actual, reasonable cost of the service company of its own choosing (or provide such service itselfand maintenance contract(s) for the maintenancePremises, repair and/or replacement of the HVAC System serving the Premises and collect a reserve or bill Tenant as well as for the cost actual reasonable costs of same. The sum so billed to Tenant shall become due to Landlord repair and replacement thereof as necessary, as Additional Rent, within thirtyten (10) business days of receipt of ▇▇▇▇▇▇▇▇ therefor from Landlord.