Common use of Above-Standard Use Clause in Contracts

Above-Standard Use. Landlord shall provide HVAC service outside Building HVAC Hours if Tenant gives Landlord such prior notice and pays Landlord such hourly cost per zone as Landlord may reasonably require. Landlord’s current cost for after-hours Base Building HVAC is $55.00 per zone per hour; provided, however, that Landlord agrees and acknowledges that Tenant shall not be required to pay after-hours costs for any supplemental HVAC installed by Tenant in or exclusively serving the Premises, the installation, maintenance and operation of which is Tenant’s sole responsibility and expense. Tenant shall not, without Landlord’s prior consent, use equipment that may affect the temperature maintained by the Base Building air conditioning system or consume above-Building-standard amounts of any water furnished for the Premises by Landlord pursuant to Section 6.1. If Tenant’s consumption of electricity or water exceeds the rate Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord, upon billing, the cost of such excess consumption, including any costs of installing, operating and maintaining any equipment that is installed in order to supply or measure such excess electricity or water; provided, however, Tenant may install devices to separately meter (or sub-meter) electrical use all or a portion of the Premises, and in such event (or if a portion of the Premises is separately metered (or sub-metered) as of the date of this Lease) Tenant shall pay the electrical cost directly to Landlord based on such meter (or sub-meter) readings, on demand, at the rates charged by the public utility company furnishing the electrical service, and Tenant’s Share of Expenses shall be reduced by the applicable amount paid by Tenant directly to Landlord. For purposes of the preceding sentence, any consumption of electricity in a computer server room shall be deemed to exceed the standard rate for the Building. The connected electrical load of Tenant’s incidental-use equipment shall not exceed the Building-standard electrical design load of two and one-half (2.5) xxxxx per square foot on a connected load basis, and Tenant’s electrical usage shall not exceed the capacity of the feeders to the Project or the risers or wiring installation unless Tenant, at its sole cost and expense, provides all necessary upgrades to the electrical panel and all other Building systems serving the Premises.

Above-Standard Use. Landlord shall provide Building-standard HVAC service outside of Building HVAC Hours if Tenant gives Landlord such reasonable prior notice thereof and pays Landlord such hourly cost per zone as Landlord may reasonably require. Landlord’s current cost standard charge therefor. The parties acknowledge that, as of the date hereof, Landlord’s charge for after-hours Base HVAC service outside Building HVAC Hours is $55.00 per hour per zone, subject to change from time to time to reflect any increase in Landlord’s actual cost of providing such excess service, excluding any profit or overhead but including any increased cost of wear and tear on Landlord’s equipment. If any other tenant requests HVAC Service outside Building HVAC Service Hours during the same time period and for the same zone per hour; providedas Tenant, however, that Landlord agrees Landlord’s charge therefor shall be allocated equitably between Tenant and acknowledges that such other tenant based upon the rentable areas in such zone leased by Tenant and such other tenant. The connected electrical load of Tenant’s incidental-use equipment shall not be required to pay after-hours costs for any supplemental HVAC installed by Tenant in or exclusively serving exceed the Premises, the installation, maintenance and operation of which is Tenant’s sole responsibility and expense. Tenant shall not, without Landlord’s prior consent, use equipment that may affect the temperature maintained by the Base Building air conditioning system or consume above-Building-standard amounts of any water furnished for electrical design load or be distributed within the Premises by Landlord pursuant to Section 6.1in a manner that violates applicable Law. If Tenant’s consumption of electricity or water exceeds the rate Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord, upon billing, the cost of such excess consumption, including any costs of installing, operating and maintaining any equipment that is installed in order to supply or measure such excess electricity or water; provided, however, . Tenant may install devices to separately meter shall reimburse Landlord for any additional or above-standard cleaning costs incurred by Landlord (or sub-meter) electrical use all or a portion of the Premises, and whether in such event (or if a portion of the Premises is separately metered (or sub-meteredelsewhere in and around the Building) as of the date of this Lease) Tenant shall pay the electrical cost directly to Landlord based on such meter (or sub-meter) readings, on demand, which are performed at the rates charged by the public utility company furnishing the electrical service, and Tenant’s Share of Expenses shall be reduced by the applicable amount paid by Tenant directly to Landlord. For purposes of the preceding sentence, any consumption of electricity in a computer server room shall be deemed to exceed the standard rate for the Building. The connected electrical load request of Tenant’s incidental-use equipment shall not exceed the Building-standard electrical design load of two and one-half (2.5) xxxxx per square foot on a connected load basis, and Tenant’s electrical usage shall not exceed the capacity of the feeders to the Project or the risers or wiring installation unless Tenant, at its sole cost and expense, provides all necessary upgrades to the electrical panel and all other Building systems serving the Premises.

Above-Standard Use. Landlord shall provide HVAC service outside Building HVAC Hours if Tenant gives requests such service from Landlord such prior notice pursuant to Landlord’s HVAC Request Procedure (defined below) and pays Landlord such hourly cost per zone as Landlord may reasonably require. The parties acknowledge that, as of the date hereof, Landlord’s current cost charge for after-hours Base HVAC service outside Building HVAC Hours is (i) $55.00 per zone 50.00 per hour; provided, howeversubject to change from time to time consistent with the Building’s then standard rate, plus (ii) an $114.00 engineering overtime fee (subject to change from time to time consistent with the Building’s then standard rate) associated with implementing such HVAC service when Tenant makes a request for such service by means of an Off-Hours Request (defined below). As used herein, “Landlord HVAC Request Procedure” shall mean either (a) when Tenant makes such request of Landlord on Monday through Friday (other than a Holiday) between the hours of 8:00 a.m. to 5:00 p.m., completing a work-order in Landlord’s on-line work-order system, (b) at any other time such request is made (an “Off-Hours Request”), the completion of a telephone call to the answering service number identified by Landlord, or (c) a notification to Landlord by such other means consistent with Landlord’s then applicable Building standard procedures for tenants requesting HVAC service outside of Building HVAC Hours. Tenant acknowledges and agrees that Landlord agrees and acknowledges that Tenant shall an Off-Hours Request may not be required fulfilled immediately, and (depending on the circumstances) it may take several hours for Landlord to pay after-hours costs for any supplemental HVAC installed by Tenant in or exclusively serving the Premises, the installation, maintenance and operation of which is Tenant’s sole responsibility and expenseimplement such request. Tenant shall not, without Landlord’s prior consent, use equipment that may affect the temperature maintained by the Base Building air conditioning system or consume above-Building-standard amounts of any water furnished for the Premises by Landlord pursuant to Section 6.1. If Tenant’s consumption of electricity or water exceeds the rate Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord, upon billing, the cost of such excess consumption, including any costs of installing, operating and maintaining any equipment that is installed in order to supply or measure such excess electricity or water; provided, however, Tenant may install devices to separately meter (or sub-meter) electrical use all or a portion of the Premises, and in such event (or if a portion of the Premises is separately metered (or sub-metered) as of the date of this Lease) Tenant shall pay the electrical cost directly to Landlord based on such meter (or sub-meter) readings, on demand, at the rates charged by the public utility company furnishing the electrical service, and Tenant’s Share of Expenses shall be reduced by the applicable amount paid by Tenant directly to Landlord. For purposes of the preceding sentence, any consumption of electricity in a computer server room shall be deemed to exceed the standard rate for the Building. The connected electrical load of Tenant’s incidental-use equipment shall not exceed the Building-standard electrical design load of two and one-half (2.5) xxxxx per square foot on a connected load basisload, and Tenant’s electrical usage shall not exceed the capacity of the feeders to the Project or the risers or wiring installation unless Tenant, at its sole cost and expense, provides all necessary upgrades to the electrical panel and all other Building systems serving the Premisesinstallation.

Above-Standard Use. Landlord shall provide HVAC service and electricity for Building-standard overhead lighting, or, at Tenant’s option, electricity for Building-standard overhead lighting only, outside of Building HVAC Hours Hours, if Tenant gives Landlord such prior notice and pays Landlord such hourly cost per zone suite per floor as Landlord may reasonably require. The parties acknowledge that, as of the date hereof, (i) Landlord’s current cost charge for afterHVAC service and electricity for Building-hours Base standard overhead lighting outside of Building HVAC Hours is $55.00 75.00 per zone hour per hoursuite per floor (with a one-hour minimum), subject to change from time to time; providedand (ii) Landlord’s charge for electricity for Building-standard overhead lighting only, howeveroutside of Building HVAC Hours, that Landlord agrees and acknowledges that Tenant shall not be required is $25.00 per hour per suite per floor (with a one-hour minimum), subject to pay after-hours costs for any supplemental HVAC installed by Tenant in or exclusively serving the Premises, the installation, maintenance and operation of which is Tenant’s sole responsibility and expensechange from time to time. Tenant shall not, without Landlord’s prior consent, use equipment that may affect the temperature maintained by the Base Building air conditioning system or consume above-Building-standard amounts of any water furnished for the Premises by Landlord pursuant to Section 6.1. If Tenant’s consumption of electricity (other than electricity for Building-standard overhead lighting outside of Building HVAC Hours paid for by Tenant pursuant to the first sentence of this Section 6.2) or water exceeds the rate Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord, upon billing, the cost of such excess consumption, including any costs of installing, operating and maintaining any equipment that is installed in order to supply or measure such excess electricity or water; provided, however, Tenant may install devices to separately meter (or sub-meter) electrical use all or a portion of the Premises, and in such event (or if a portion of the Premises is separately metered (or sub-metered) as of the date of this Lease) Tenant shall pay the electrical cost directly to Landlord based on such meter (or sub-meter) readings, on demand, at the rates charged by the public utility company furnishing the electrical service, and Tenant’s Share of Expenses shall be reduced by the applicable amount paid by Tenant directly to Landlord. For purposes of the preceding sentence, any consumption of electricity in a computer server room shall be deemed to exceed the standard rate for the Building. The connected electrical load of Tenant’s incidental-use equipment shall not exceed the Building-standard electrical design load of two and one-half (2.5) xxxxx per square foot on a connected load basisload, and Tenant’s electrical usage shall not exceed the capacity of the feeders to the Project or the risers or wiring installation unless Tenant, at its sole cost and expense, provides all necessary upgrades to the electrical panel and all other Building systems serving the Premisesinstallation.

Above-Standard Use. Landlord shall provide HVAC service outside Building HVAC Hours if Tenant gives Landlord such prior notice and pays Landlord such hourly cost Landlord’s then current per hour charge per zone as Landlord may reasonably requireis in effect from time to time for the Building and applicable to tenants of the Building in general. The rate charged to Tenant and other tenants of the Building in general for such HVAC service outside Building HVAC Hours shall always be approximately at Landlord’s current cost plus a reasonable rate of return to cover Landlord’s overhead and investment in the HVAC system for after-hours Base Building HVAC is $55.00 per zone per hour; provided, however, that Landlord agrees and acknowledges that Tenant shall not be required to pay after-hours costs for any supplemental HVAC installed by Tenant in or exclusively serving the Premises, the installation, maintenance and operation of which is Tenant’s sole responsibility and expenseBuilding. Tenant shall not, without Landlord’s prior consent, use equipment (other than normal office equipment, including computers and servers) that may materially affect the temperature maintained by the Base Building air conditioning system or consume above-Building-standard amounts of any water furnished for the Premises by Landlord pursuant to Section 6.1. If Tenant’s consumption of electricity or water exceeds the rate Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord, upon billing, the cost of such excess consumption, including any costs of installing, operating and maintaining any equipment that is installed in order to supply or measure such excess electricity or water; provided, however, Tenant may install devices to separately meter (or sub-meter) electrical use all or a portion of the Premises, and in such event (or if a portion of the Premises is separately metered (or sub-metered) as of the date of this Lease) Tenant shall pay the electrical cost directly to Landlord based on such meter (or sub-meter) readings, on demand, at the rates charged by the public utility company furnishing the electrical service, and Tenant’s Share of Expenses shall be reduced by the applicable amount paid by Tenant directly to Landlord. For purposes of the preceding sentence, any consumption of electricity in a computer server room shall be deemed to exceed the standard rate for the Building. The connected electrical load of Tenant’s incidental-use equipment shall not exceed the Building-standard electrical design load of two and one-half (2.5) xxxxx per square foot on a connected load basisload, and Tenant’s electrical usage shall not exceed the capacity of the feeders to the Project or the risers or wiring installation unless Tenantinstallation. For purposes hereof, at its sole cost the “electrical standard” for the Building is: (i) a design load of 1.5 xxxxx per square foot of net usable floor area for all building standard overhead lighting located within the Premises which requires a voltage of 480/277 volts; and expense(ii) a connected load of 2.5 xxxxx per square foot of net usable area for all equipment located and operated within the Premises which requires a voltage of 120/208 volts single phase or less, provides it being understood that electricity required to operate the base building HVAC system is not included within or deducted from such 2.5 xxxxx per square foot described in this subsection (ii). In the event that Tenant requires any services or utilities (other than HVAC) in addition to those services provided by Landlord to all necessary upgrades tenants of the Building, Landlord’s charges to Tenant for providing such services shall be equal to the electrical panel and all other Building systems serving the Premisesactual costs incurred by Landlord in providing such services with no additional charge for administrative costs of profit to Landlord.

Above-Standard Use. Landlord shall provide HVAC service outside Building HVAC Hours if Tenant gives Landlord such prior notice and pays Landlord such hourly cost per zone as Landlord may reasonably require. Landlord’s current cost for after-hours Base Building HVAC is $55.00 per zone per hour; require (provided, however, that Landlord agrees and acknowledges that Tenant shall not be required to pay after-hours costs such hourly cost per zone for any supplemental HVAC installed by Tenant in or exclusively serving service between 8:00 a.m. and 6:00 p.m. on Presidents’ Day). The parties acknowledge that, as of the Premisesdate hereof, the installationLandlord’s charge for HVAC service outside Building HVAC Hours is $50.00 per hour per floor, maintenance and operation of which is Tenant’s sole responsibility and expensesubject to reasonable change from time to time. Tenant shall not, without Landlord’s prior consent, use equipment that may affect the temperature maintained by the Base Building air conditioning system or consume above-Building-standard amounts of any water furnished for the Premises by Landlord pursuant to Section 6.1. If Tenant’s consumption of electricity or water exceeds the rate Landlord reasonably deems to be standard for the Building, Tenant shall pay Landlord, upon billing, the cost of such excess consumption, including any costs of installing, operating and maintaining any equipment that is installed in order to supply or measure such excess electricity or water; provided, however, Tenant may install devices to separately meter (or sub-meter) electrical use all or a portion of the Premises, and in such event (or if a portion of the Premises is separately metered (or sub-metered) as of the date of this Lease) Tenant shall pay the electrical cost directly to Landlord based on such meter (or sub-meter) readings, on demand, at the rates charged by the public utility company furnishing the electrical service, and Tenant’s Share of Expenses shall be reduced by the applicable amount paid by Tenant directly to Landlord. For purposes of the preceding sentence, any consumption of electricity in a computer server room shall be deemed to exceed the standard rate for the Building. The connected electrical load of Tenant’s incidental-use equipment shall not exceed the Building-standard electrical design load of two and one-half (2.5) xxxxx per square foot on a connected load basisload, and Tenant’s electrical usage shall not exceed the capacity of the feeders to the Project or the risers or wiring installation. Landlord shall not withhold its consent, pursuant to Section 7.2, to Tenant’s installation unless Tenant, at its sole cost and expense, provides all necessary upgrades to the electrical panel and all other Building systems of a supplemental HVAC system serving the Premises; provided, however, that Landlord may impose reasonable conditions upon such consent, and any such system shall be subject to Section 25.5.