NYC 9/11 Public Portal Document
designated as holidays by the applicable operating engineers union contract or building service
employees union contract. Landlord and Tenant shall operate the HVAC equipment in
accordance with their design criteria; provided, however, that Landlord may reduce such level of
operation in accordance with a recognized energy or water conservation program, guidelines.
regulations or recommendations promulgated by any Federal, State, City or other governmental
or quasi-governmental bureau, board, department, agency, office, commission or other
subdivision thereof or the American Society of Heating, Refrigeration and Air-Conditioning
Engineers, Inc. or any successor thereto or other organization serving a similar function. The air
iiniibir ent) within and
conditioning equipment (including anv supplemental air conditioning eaui
servicing the Demised Premises shall be operated by Tenant and maintained, repaired and
replaced by Landlord at Tenant's sole cost and expense and upon expiration of the Term, shall be
surrendered to Landlord in working order and repair. At all times during the Term, Landlord
acting for Tenant and at Tenant’s expense, shall contract with the air conditioning contractor
designated by Landlord for the performance of such maintenance and repairs. The electricity
used to operate the HVAC equipment shall be connected at Tenant's expense to Tenant's electric
meter and shall be paid by Tenant as provided in Article 10 hereof. Landlord will, during
business hours of business days, at its expense, operate and maintain the Building condenser
water tower and the riser(s) to each floor of the Demised Premises, subject to recoupment under
Article 4. If Tenant shall require Building condenser water “after hours” (as hereinafter defined).
Landlord shall furnish such after hours service upon reasonable advance notice from Tenant’s
designated representative, and Tenant shall pay Landlord’s then established reasonable charges
(currently $17.30 per hour) within 5 thirty (30) business days after demand.
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NYC-WTC_000170098
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