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).
Appears in 2 contracts
Sources: Office Lease (Eidos Therapeutics, Inc.), Office Lease (Eidos Therapeutics, Inc.)