Common use of After Hours HVAC and/or Excess Utility Usage Clause in Contracts

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("Excess HVAC"), Tenant shall make its request in writing at least three (3) hours before the close of the normal business day. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's request shall be deemed conclusive evidence of its willingness to pay Landlord's actual costs specified herein, As of the date of the Lease, the prevailing afterThours HVAC charge in the Building is $65.00 per hour. If Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("Excess Utility Use"), Tenant shall first (procure Landlord's prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; shall be paid by Tenant as Additional Rent After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipay, as Additional Rent, within thirty (30) calendar days after Tenant's receipt of Landlord's billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provide. Said billing shall he calcUlated on the usage indicated by such meter(s), sub-meter(s), or Tenant's written request, therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("“Excess HVAC"”), Tenant shall make its request in writing at least three (3) hours before during Normal Business Hours via Landlord’s commercially reasonable system, which is currently administered by providing Excess HVAC access cards to the close of Tenant each with a user name and pass code, which users may call into a phone center which will prompt the normal business day. Otherwise, Landlord shall have no obligation caller to provide program their access to Excess HVAC. There shall be a one (1)-hour minimum charge for Excess HVAC when such Excess HVAC is ordered. Tenant's ’s request shall be deemed conclusive evidence of its willingness to pay Landlord's ’s reasonable costs of Excess HVAC, as determined by Landlord, in Landlord’s reasonable discretion, and shall be subject to increases based on actual costs specified herein, increases in Landlord’s cost to provide Excess HVAC. As of the date of the this Lease, Xxxxxxxx’s cost for the prevailing afterThours twelfth (12th) floor Excess HVAC (and the after-hours charge in the Building to Tenant for Excess HVAC) is $65.00 [***] per hour. If Except with respect to Excess HVAC, if Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("“Excess Utility Use"”), Tenant shall first (procure Landlord's ’s prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's ’s refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of excess water, gas and/or electric current consumed by Tenant in the Premises. The reasonable cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's Xxxxxx’s receipt of Landlord's ’s billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond in excess of the normal levels Landlord is required herein to provide. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's Xxxxxx’s written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed.

After Hours HVAC and/or Excess Utility Usage. If Tenant tenant requires HVAC service during other than Normal Business Hours ("Excess HVAC"), Tenant shall make its request in writing at least three six (36) hours before the close of the normal business day. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's request shall be deemed conclusive evidence of its willingness to pay Landlord's actual the costs specified herein, As of the date of the Lease, the prevailing afterThours HVAC charge in the Building is $65.00 per hour. If Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("Excess Utility Use"), Tenant shall first (procure Landlord's prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's receipt of Landlord's billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provide. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's written request, thereforrequest thereto, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed, plus an administrative and billing fee equal to twenty-five percent (25%) of the costs so billed.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("“Excess HVAC"”), Tenant shall use reasonable efforts to make its request in writing at least three six (36) hours before the close of the normal business day. OtherwiseIf less notice is given, Landlord shall have no obligation use reasonable efforts to provide Excess HVAC. Tenant's ’s request shall be deemed conclusive evidence of its willingness to pay Landlord's actual the costs specified herein, As . The current cost of the date of the Lease, the prevailing afterThours Excess HVAC charge in the Building is $65.00 100.00 per hour, which shall increase only to the extent that Landlord’s actual, out-of-pocket costs of providing Excess HVAC increase. If Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("“Excess Utility Use"”), Tenant shall first (procure Landlord's ’s prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's ’s refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's ’s receipt of Landlord's ’s billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provide. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's ’s written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed, plus an administrative and billing fee equal to ten percent (10%) of the costs so billed.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("“Excess HVAC"”), Tenant shall make its request in writing at least three six (36) hours before the close of the normal business day. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's ’s request shall be deemed conclusive evidence of its willingness to pay Landlord's ’s actual out-of-pocket costs specified hereinfor the provision of such Excess HVAC, As without charge for overhead or the imposition of any administrative fee. The current charge for Excess HVAC is approximately $20.00 per hour (which represents Landlord’s actual out-of-pocket costs for Excess HVAC without charge for overhead · or the date imposition of any administrative fee), it being expressly understood and agreed that the Lease, charge payable by Tenant for Excess HVAC throughout the prevailing afterThours Fees shall be limited to Landlord’s actual out-of-pocket costs for Excess HVAC and shall not include any charge in the Building is $65.00 per hourfor overhead or include any administrative fee. If Tenant requires electric current in excess of the amounts specified hereinabovecurrent, water or gas in excess of that customarily furnished to the Premises as office space amounts specified hereinabove ("“Excess Utility Use"”), Tenant shall first (procure Landlord's ’s prior written consent to such Excess Utility Use, which Landlord may reasonably refuseraise. In lieu of Landlord's refusalIf Landlord consents to such Excess Utility Use, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. ‘The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's ’s receipt of Landlord's ’s billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provide. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's ’s written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional out-of-pocket expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed, without charge for overhead or the imposition of any administrative fee.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("“Excess HVAC"”), Tenant shall make its request in writing at least three six (36) hours before the close of the normal business day. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's ’s request shall be deemed conclusive evidence of its willingness to pay Landlord's actual the costs specified herein, As of the date of the Lease, the prevailing afterThours . The current charge for Excess HVAC charge in the Building is $65.00 113.00 per hourhour with a four (4) hour minimum, and shall be subject to increases during the Term based on increases in Landlord’s cost to provide Excess HVAC. If Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("“Excess Utility Use"”), Tenant shall first (procure Landlord's ’s prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's ’s refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's ’s receipt of Landlord's ’s billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provide. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's ’s written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed, plus an administrative and billing fee equal to fifteen percent (15%) of the costs so billed.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("“Excess HVAC"”), Tenant shall make its request in writing at least three six (36) hours before the close of the normal business day. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's ’s request shall be deemed conclusive evidence of its willingness to pay Landlord's actual the costs specified herein, As of the date of the Lease, the prevailing afterThours . The current charge for Excess HVAC charge in the Building is $65.00 60.00 per hour, but thereafter shall be subject to increases during the Term, based on increases in Landlord’s cost to provide Excess HVAC. If Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("“Excess Utility Use"”), Tenant shall first (procure Landlord's ’s prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's ’s refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's ’s receipt of Landlord's ’s billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provide. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's ’s written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed, plus an administrative and billing fee equal to fifteen percent (15%) of the costs so billed.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("“Excess HVAC"”), a representative of Tenant shall make its request be entitled to order Excess HVAC by using the Building’s dial-in writing at least three (3) hours before the close of the normal business dayservice. Tenant shall be given a personal identification number for such service. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's ’s request shall be deemed conclusive evidence of its willingness to pay Landlord's actual the costs specified hereinspecified. There shall be a four (4) hour minimum charge for Excess HVAC except when Tenant’s request is for the provision of Excess HVAC immediately after Normal Business Hours (i.e., As as of the date of the Lease, the prevailing afterThours this Lease commencing at 6:00 p.m. on a weeknight that is not a holiday). Landlord’s current charge for Excess HVAC charge in the Building is $65.00 60.00 per hour, which hourly charge shall not increase during the initial twelve (12) months of the Term, but thereafter shall be subject to increases based on increases in Landlord’s actual cost to provide Excess HVAC. Notwithstanding the foregoing, Tenant shall be entitled to use forty (40) hours of Excess HVAC per each twelve (12) month period during the initial Term commencing with the Commencement Date without charge, provided that any unused credit for Excess HVAC shall not be carried over until the following year. If Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("“Excess Utility Use"”), Tenant shall first (procure Landlord's ’s prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's ’s refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay Landlord, as Additional Rent, within thirty (30) calendar days after Tenant's ’s receipt of Landlord's ’s billing, for the actual amounts amount of all water, steam, compressed air, electric current Excess Utility Use and/or Excess HVAC consumed beyond HVAC, as the normal levels Landlord is required herein to providecase may be. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's ’s written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed, plus an administrative and billing fee equal to fifteen percent (15%) of the costs so billed.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("Excess HVAC"), Tenant shall make its request in writing at least three four (34) hours before the close of the normal business day. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's request shall be deemed conclusive evidence of its willingness to pay Landlord's actual the costs specified herein, As of the date of the Lease, the prevailing afterThours HVAC charge in the Building is $65.00 per hour. If Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("Excess Utility Use"), Tenant shall first (procure Landlord's prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's receipt of Landlord's billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provide. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-sub- meter(s), or Tenant's written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed. The current charge for Excess HVAC is $60.00 per hour, which shall be increased only if and to the extent that Landlord's out-of-pocket costs of providing Excess HVAC are increased.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("“Excess HVAC"”), Tenant shall make its request in writing at least three six (36) hours before the close of the normal business day. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's ’s request shall be deemed conclusive evidence of its willingness to pay Landlord's actual the costs specified herein, As of the date of the Lease, the prevailing afterThours . The current charge for Excess HVAC charge in the Building is $65.00 35.00 per hour, and shall be subject to increases during the Term. If Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("“Excess Utility Use"”), Tenant shall first (procure Landlord's ’s prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's ’s refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's ’s receipt of Landlord's ’s billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provide. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's ’s written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed, plus an administrative and billing fee equal to fifteen percent (15%) of the costs so billed.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("Excess HVAC"), Tenant shall make its request in writing at least three one (31) hours hour before the close of the normal business day. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's request shall be deemed conclusive evidence of its willingness to pay Landlord's actual the costs specified herein, As of the date of the Lease, the prevailing afterThours HVAC charge in the Building is $65.00 per hour. If Tenant requires electric current in excess of the amounts specified hereinabove, water or gas in excess of that customarily furnished to the Premises as office space ("Excess Utility Use"), Tenant shall first (procure Landlord's prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's receipt of Landlord's billing, for the actual amounts of all water, steam, compressed air, electric current and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provide. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the water, steam, compressed air and electric current so consumed, plus an administrative and billing fee equal to twenty-five percent (25%) of the costs so billed.

After Hours HVAC and/or Excess Utility Usage. If Tenant requires HVAC service during other than Normal Business Hours ("“Excess HVAC"”), Tenant shall make its request in writing at least three six (36) hours before the close of the normal business day, and Tenant must purchase a minimum of four (4) hours of Excess HVAC. Otherwise, Landlord shall have no obligation to provide Excess HVAC. Tenant's ’s request shall be deemed conclusive evidence of its willingness and obligation to pay the then prevailing charge for Excess HVAC at the Building, which charge shall be subject to increases in Landlord's actual costs specified herein, As of the date of the Lease, the prevailing afterThours HVAC charge in the Building is $65.00 per hour’s sole discretion. If Tenant requires electric current in excess of the amounts specified hereinabovehereinabove in this Article 8, or water or gas in excess of that customarily furnished to the Premises as office space ("“Excess Utility Use"”), Tenant shall first (procure Landlord's ’s prior written consent to such Excess Utility Use, which Landlord may reasonably refuse. In lieu of Landlord's ’s refusal, Landlord may cause a meter or sub-meter to be installed to measure the amount of water, gas and/or electric current consumed by Tenant in the Premises. The cost of any such meter(s), and the installation, maintenance, and repair thereof; , shall be paid by Tenant as Additional Rent Rent. Encino Terrace / Research Solutions, Inc. / MK / December 29, 2016 ____ ____ ____ ____ Initial Initial Initial Initial After completing installation of said meter(s), and/or if Tenant requests Excess HVAC, then Tenant shallipayshall pay, as Additional Rent, within thirty (30) calendar days after Tenant's ’s receipt of Landlord's ’s billing, for the actual amounts of all water, steam, compressed air, electric current Excess Utility Use and/or Excess HVAC consumed beyond the normal levels Landlord is required herein to provideHVAC. Said billing shall he calcUlated be calculated on the usage indicated by such meter(s), sub-meter(s), or Tenant's ’s written request, request therefor, and shall be issued by Landlord at the rates charged for such services by the local public utility lumiShing furnishing the same, plus any additional expense reasonably incurred by Landlord in providing said Excess Utility Use and/or in keeping account of the waterExcess Utility Use, steam, compressed air plus an administrative and electric current billing fee equal to fifteen percent (15%) of the costs so consumedbilled.