Utility Consumption. Upon discovery, LESSEE shall call maintenance to report running toilets or water leaks and broken air conditioning Units. LESSEE shall not run the air conditioning or heat with the windows and/or doors open, or leave lights on continuously. LESSOR shall not be responsible for excessive utility costs related to increased consumption caused by conditions such as these.
Utility Consumption. Tenants are responsible for notifying Landlord of any fixtures not properly working. Tenants further acknowledge that Landlord will not reimburse Tenants for increased consumption in utility usage due to unreported malfunctioning fixtures. For example, if Tenant fails to report a toilet that is running, Landlord will not reimburse Tenants for additional water or sewer charges. Furthermore, Landlord is not liable to reimburse Tenant for any non-used heating oil or propane.
Utility Consumption. Residents agree to immediately report damage or maintenance (including, but not limited to, running toilets, water leaks or broken air conditioning units) needs to Lessor. Residents shall not run the air conditioning or heat with the windows and/or doors open, or leave lights on continuously. Lessor shall not be responsible for excessive utility costs related to increased consumption caused by such actions.
Utility Consumption. As part of the Improvements of the Work Letter attached hereto as Exhibit D, Landlord shall install an HVAC override timer with an hourly counter attachment on each floor of the Premises. Tenant’s activating said override timer to obtain HVAC services after normal Business Hours (as set forth in the Basic Lease Information) will engage the Building’s package, condensing and fan coil units. Each quarter, Landlord shall determine the operating hours that Tenant has obtained HVAC services in excess of normal Business Hours (“Excess Operating Hours”). The total number of Excess Operating Hours derived will be multiplied by Thirty-five Dollars ($35) per hour per zone and said resulting amount will reflect the HVAC utilities usage, as well as the increased maintenance and repair costs and accelerated reduction of the useful life of the equipment associated with such Excess Operating Hours for the applicable quarter and will be billed by Landlord to Tenant and shall be promptly paid by Tenant to Landlord as Additional Rent. Verus Lease v06 -18- February 2, 2005 (8:51 pm)
Utility Consumption. The utility allowance schedule is based on utility consumption of major appliances such as heating furnace, hot water heater, range and refrigerator. The electricity allowance also includes consumption for minor electric appliances such as toasters and can openers. This schedule is posted at the PHA Office.
Utility Consumption. As part of the Improvements of the Work Letter attached hereto as Exhibit D, Landlord shall install an HVAC override timer with an hourly counter attachment on each floor of the Premises. Tenant's activating said override timer to obtain HVAC services after Normal Operating Hours (as set forth in the Rules and Regulations attached hereto as Exhibit E) will engage the Building's package, condensing and fan coil units. Each quarter, Landlord shall determine the operating hours that Tenant has obtained HVAC services in excess of the Building's Normal Operating Hours ("Excess Operating Hours"). The total number of Excess Operating Hours derived will be multiplied by an hourly excess operating hours usage rate (the" Hourly Excess Operating Hours Usage Rate") and such resulting amount will be billed by Landlord to Tenant quarterly and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days after receipt by Tenant of Landlord's invoice therefore. Such costs paid by Tenant for Excess Operating Hours shall not be included in Operating Expenses. Initially, the Hourly Excess Operating Hours Usage Rate shall be Thirty Dollars ($30.00) per Excess Operating Hour. The Hourly Excess Operating Hours Usage Rate may be increased annually by Landlord to reflect increases in costs resulting from such excess HVAC utilities usage, as well as the increased maintenance and repair costs and accelerated reduction of the useful life of the equipment associated with such Excess Operating Hours. Any dispute regarding determination of this actual after-hours costs shall be resolved by a mutually-acceptable, independent HVAC engineer.
Utility Consumption. Should during the performance test run (48 hours) the plant does not reach the contracted and guaranteed parameters for consumption of the following, – Total electrical power – Total process water – Total process steam – Total phosphoric acid – Total sodium hydroxide the SELLER has to pay liquidated damages (penalties) as follows: In case of higher consumption figures for the above mentioned utilities over a tolerance of +/-5% (valid for each of the above mentioned utilities), and as stated below, the SELLER shall pay to the BUYER liquidated damages. The value of these liquidated damages shall be calculated as the absolute total extra costs related to one year operation. The liquidated damages shall be paid as one single payment only. If the consumption figures in aggregate are favorable to the BUYER, then SELLER will be paid 50% of this annual savings as a “Performance Bonus” The costs for increased consumption and the profit for decreased consumption of the above listed utilities shall be balanced against each other. The cost of these individual materials and utilities on a per unit basis will be agreed to by both SELLER and BUYER prior to the test. Only when this balance calculation results in extra costs, the BUYER shall have the right to claim from the SELLER the payment of those extra costs related to one year of operation as liquidated damages. In order to calculate the costs, the actual market prices for the utilities on the day of the performance test shall be used. The costs for increased consumption and the profit for decreased consumption of utilities or a higher production rate of refined oil can be balanced against each other. The total amount of liquidated damages to be paid by the SELLER to the BUYER for deficiency in processing capacity and in utility consumption is limited to a maximum amount of 5% of the total contract price. If the SELLER has paid liquidated damages according to this Addendum to the BUYER, or in case a successful Performance Test Run should not be possible due to reasons not attributable to the SELLER within six (6) months after the completion of erection, latest however within 22 months after the Beginning of Performance of the Contract, the plant shall be considered as accepted and the Acceptance Certificate shall be issued. The Acceptance Certificate will have to be signed in all of before mentioned cases within five (5) days.
Utility Consumption. In the event of either (i) a change in the type ------------------- of use of the Premises as permitted in Section 6.01 above or (ii) an increase in intensity in use of the Premises beyond that permitted by Section 6.04 above, the electrical current and other utility services consumed relative to the Premises shall be separately metered and Tenant shall pay for the cost of metering or submetering and all such electrical current and other utility services directly to the utility company supplying said service. Tenant acknowledges that it shall be responsible for making arrangements for and shall pay the cost of the installation, repair and maintenance of its own telephone and cabling system. At no time shall Tenant permit the use of any utility service consumed in the Premises to exceed Tenant's proportionate share of the capacity of feeders or service lines to the Building or the risers, wiring or pipe installation. Landlord does not warrant or represent that such capacity shall be adequate for Tenant's purposes. Landlord and Tenant hereby acknowledge and agree that Landlord currently has the right and ability to select and change, from time to time, the entity(ies) which provide electricity and other utilities to the Building ("service provider"). Also, Tenant shall (i) cooperate with, (ii) allow reasonable access to the Premises to and (iii) accept any and all reasonable disturbances caused by Landlord or such service provider regarding the utilities of the Building. Further, Landlord is not liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply, quantity or character of the electric energy or other utility service furnished to the Premises, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under the Lease.
Utility Consumption. IN CONSIDERATION OF LANDLORD AGREEING TO MODIFICATION OF THE HVAC SYSTEM PURSUANT TO TENANT'S IMPROVEMENT PLANS, TENANT AGREES TO PAY TO LANDLORD, AS ADDITIONAL RENT, ALL HVAC UTILITIES COSTS ASSOCIATED WITH THE OPERATION OF THE HVAC SYSTEM IN THE BUILDING. IF, DURING THE FIRST TEN (10) YEARS OF THE TERM OF THIS lEASE, INCLUDING ANY PRIOR EXTENSIONS THEREOF, ANY MAJOR CAPITAL COMPONENTS OF THE HVAC SYSTEM IN THE BUILDING REQUIRE REPLACEMENT, AS OPPOSED TO REPAIR AND MAINTENANCE, SUCH REPLACEMENTS SHALL BE MADE AT THE SOLE COST OF LANDLORD. IF, HOWEVER, SUCH REPLACEMENTS ARE REQUIRED TO BE MADE AT ANY TIME AFTER THE TENTH (10TH) YEAR OF THE TERM OF THIS LEASE, INCLUDING ANY PRIOR EXTENSIONS THEREOF, TENANT SHALL PAY TO LANDLORD, WITHIN THIRTY (30) DAYS AFTER LANDLORD'S WRITTEN REQUEST THEREFORE, A PRO-RATA SHARE OF THE COST OF REPLACING ANY SUCH CAPITAL COMPONENTS REQUIRED TO BE REPLACED, DETERMINED BASED ON THE NUMBER OF MONTHS THEN REMAINING IN THE TERM OF THE lEASE AND AN AGREED UPON ESTIMATED USEFUL LIFE OF CAPITAL COMPONENTS IN THE HVAC SYSTEM AS DETERMINED BY LANDLORD'S HVAC CONSULTANT BASED ON TENANT'S USE OF THE HVAC SYSTEM IN EXCESS OF THE INDUSTRY STANDARD USE TENANT HVAC USE FOR OFFICE BUILDINGS GENERALLY. In the event Tenant exercises any then unexercised Premises Option, then Tenant shall pay to Landlord forthwith an additional pro-rata share of such replacements determined on the same basis for the additional period of the extension of the Term.
Utility Consumption. Intentionally Deleted.
