SAMPLE CLAUSES NOTES CLAUSE CONCERN/RISK MITIGATION none noted 1.1 Landlord to comply The tenant may be concerned The tenant should have input that the landlord will operate the into the Operational Subject to clause 1.3 the Landlord [must / must use its reasonable endeavours to] provide building at conditions that are Performance Standards and operate the Services at all times in accordance with the higher of the: uncomfortable. Schedule. Australian Standards requirements and standards specified in Schedule [insert Schedule prepared by will also protect the tenant Landlord] (Operational Performance Standards); and against uncomfortable comfort levels. the relevant Australian Standards. [Drafting note - Operational Performance Standards may cover issues such as thermal comfort and lighting levels] NOTES CLAUSE CONCERN/RISK MITIGATION Metering and monitoring are 1.2 Monitor Performance none noted none noted critical in reducing With the Landlord’s permission \(which must not be unreasonably withheld), the Tenant consumption. This clause may install within the Premises equipment to monitor the Landlord’s compliance with enables tenants to obtain the clause 1.1(a). information they need to lower The Landlord must produce to the Tenant, [Tenant/Landlord’s], when requested, the electricity and other costs and improve indoor environment. Landlord’s records relating to the operation and performance of the Services including confirmation that the Building’s heating, cooling and ventilation system and Building Clause 1.2(a) - this may Management System have been tuned, commissioned and tested for contaminants in include equipment to monitor: accordance with a regular maintenance program. carbon dioxide concentrations; air speed; humidity; particulate matter; airborne microbials; or ambient sound levels. NOTES CLAUSE CONCERN/RISK MITIGATION
SAMPLE CLAUSES NOTES CLAUSE CONCERN/RISK MITIGATION none noted 1.1 Landlord to comply Subject to clause 1.3 the Landlord [must / must use its reasonable endeavours to] provide and operate the Services at all times in accordance with the higher of the: requirements and standards specified in Schedule [insert Schedule prepared by Landlord] (Operational Performance Standards); and the relevant Australian Standards. [Drafting note - Operational Performance Standards may cover issues such as thermal comfort and lighting levels] The tenant may be concerned that the landlord will operate the building at conditions that are uncomfortable. The tenant should have input into the Operational Performance Standards Schedule. Australian Standards will also protect the tenant against uncomfortable comfort levels. NOTES CLAUSE CONCERN/RISK MITIGATION Metering and monitoring are critical in reducing consumption. This clause enables tenants to obtain the information they need to lower electricity and other costs and improve indoor environment. Clause 1.2(a) - this may include equipment to monitor: carbon dioxide concentrations; air speed; humidity; particulate matter; airborne microbials; or ambient sound levels. 1.2 Monitor Performance With the Landlord’s permission \(which must not be unreasonably withheld), the Tenant may install within the Premises equipment to monitor the Landlord’s compliance with clause 1.1(a). The Landlord must produce to the Tenant, [Tenant/Landlord’s], when requested, the Landlord’s records relating to the operation and performance of the Services including confirmation that the Building’s heating, cooling and ventilation system and Building Management System have been tuned, commissioned and tested for contaminants in accordance with a regular maintenance program. none noted none noted NOTES CLAUSE CONCERN/RISK MITIGATION
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