BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) for so long as Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with the requirements as set forth on Exhibit C, attached hereto and made a part hereof (not exceeding the present electrical capacity at the Premises) upon the following terms and conditions: (1) Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined by said consultant as owing from the Lease Term's commencement, and the then expired months, to include the then current month and thereafter, on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term commences or ends on any other than the first or last day of the month. Not withstanding the above, should Lessee dispute the determination made by Lessor's independent electrical engineering consultant then the Lessee shall be free to, at the Lessee's sole cost and expense, employ the services of a qualified independent electrical engineering consultant who shall conduct a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lessee. If the Lessor's consultant and the Lessee's consultant cannot agree on the Lessee's average monthly electric consumption then, in such case the consultants will agree on an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding upon the parties. The parties shall share equally in the cost of any such third consultant. Pending resolution of the issue Lessee shall pay to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of this issue.
Appears in 2 contracts
Samples: Lease Agreement (Americas Shopping Mall Inc), Lease Agreement (Americas Shopping Mall Inc)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to the requirements Lessor at terms, classification and rates normally charged by the public utilities corporation serving that part of the municipality where the subject Premises are located.
a. From and after the Commencement Date, Lessee agrees to pay as set forth Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric electrical equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's ’s consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencement’s Commencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Article 22(a), on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering ’s consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant ’s and the Lessee's ’s consultant cannot agree on as to Lessee’s consumption within thirty (30) days of Lessee’s consultant’s findings either Lessor or Lessee may request the Lessee's average monthly electric consumption thenAmerican Arbitration Association in Somerset, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding on Lessor and Lessee, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Lessee shall be promptly refunded.
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Lease Term’s commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee’s surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
d. Lessee covenants that it shall notify Lessor immediately upon the partiesintroduction of any office equipment or lighting different from that on the Premises as of Lessor’s electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The parties introduction of any new or different equipment or lighting shall share equally be cause for, at Lessor’s election, a resurveying of the Premises at Lessee’s expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision.
e. Xxxxxx shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the cost quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such third consultantsupply may be interrupted for inspection, repairs and replacement and in emergencies. Pending resolution In any event, the full measure of Lessor’s liability for any interruption in the supply due to Lessor’s acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by Lessee.
f. Xxxxxx, at Lessee’s expense, shall furnish and install all replacement lighting tubes, lamps, ballasts and bulbs required in the Premises. Lessee, however, shall have the right to furnish and/or install any or all of the issue Lessee shall pay to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of items mentioned in this issueArticle 22(f).
Appears in 1 contract
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to the requirements Lessor at terms, classification and rates normally charged by the public utilities corporation serving that part of the municipality where the subject Premises are located.
a. From and after the Commencement Date, Lessee agrees to pay as set forth Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee but not in excess of $350.00. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementCommencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Article 22(a), on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption thenwithin thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the American Arbitration Association in Somerset, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding on Lessor and Lessee, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Lessee shall be promptly refunded.
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Lease Term's commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
d. Lessee covenants that it shall notify Lessor immediately upon the partiesintroduction of any office equipment or lighting different from that on the Premises as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The parties introduction of any new or different equipment or lighting shall share equally be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision.
x. Xxxxxx shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the cost quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such third consultantsupply may be interrupted for inspection, repairs and replacement and in emergencies. Pending resolution In any event, the full measure of Lessor's liability for any interruption in the supply due to Lessor's acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by Lessee.
x. Xxxxxx, at Lessee's expense, shall furnish and install all replacement lighting tubes, lamps, ballasts and bulbs required in the Premises. Lessee, however, shall have the right to furnish and/or install any or all of the issue Lessee items mentioned in this Article 22(f).
g. Lessee's use of electrical service as contemplated herein shall pay be during Building Hours, and any use in excess of said Building Hours shall result in an adjustment as set forth in Article 22(a) hereof to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of this issuereflect such additional consumption.
Appears in 1 contract
Samples: Lease (Medicines Co /De)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to the requirements Lessor at terms, classification and rates normally charged by the public utility companies serving that part of the municipality where the subject Premises are located, plus if applicable the utility rate charged by the energy supply company.
a. From and after the Commencement Date, Lessee agrees to pay as set forth Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementCommencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Article 22(a), on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption then, in such case within thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the consultants will agree on American Arbitration Association at its office nearest the Building to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding on Lessor and Lessee, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Lessee shall be promptly refunded.
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Lease Term's commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
d. Lessee covenants that it shall notify Lessor immediately upon the partiesintroduction of any office equipment or lighting different from that on the Premises as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The parties introduction of any new or different equipment or lighting shall share equally be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision.
x. Xxxxxx shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the cost quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such third consultantsupply may be interrupted for inspection, repairs and replacement and in emergencies. Pending resolution In any event, the full measure of Lessor's liability for any interruption in the supply due to Lessor's acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by Lessee.
x. Xxxxxx, at Lessee's expense, shall furnish and install all replacement lighting tubes, lamps, ballasts and bulbs required in the Premises. Lessee, however, shall have the right to furnish and/or install any or all of the issue Lessee items mentioned in this Article 22(f).
g. Lessee's use of electrical service as contemplated herein shall pay be during Building Hours, and any use in excess of said Building Hours shall result in an adjustment as set forth in Article 22(a) hereof to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of this issuereflect such additional consumption.
Appears in 1 contract
Samples: Lease (Old Line Bancshares Inc)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to the requirements Lessor at terms, classification and rates normally charged by the public utilities corporation serving that part of the municipality where the subject Premises are located.
a. From and after the Commencement Date, Lessee agrees to pay as set forth Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee. The cost of such survey shall not exceed $350.00. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementCommencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Article 22(a), on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the 15 Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption thenwithin thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the American Arbitration Association in Somerset, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding on Lessor and Lessee, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Lessee shall be promptly refunded.
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Lease Term's commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
d. Lessee covenants that it shall notify Lessor immediately upon the partiesintroduction of any office equipment or lighting different from that on the Premises as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The parties introduction of any new or different equipment or lighting shall share equally be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision.
e. Lessor shall not be liable in any way to Lessee for any loss, dxxxxx or expense which Lessee may sustain or incur as a result of any failure, defect or change in the cost quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such third consultantsupply may be interrupted for inspection, repairs and replacement and in emergencies. Pending resolution In any event, the full measure of Lessor's liability for any interruption in the supply due to Lessor's acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by Lessee.
f. Lessor, at Lessee's expense, shall furnish and install all xxxxacement lighting tubes, lamps, ballasts and bulbs required in the Premises. Lessee, however, shall have the right to furnish and/or install any or all of the issue Lessee shall pay to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of items mentioned in this issueArticle 22(f).
Appears in 1 contract
Samples: Assignment and Assumption of Lease (Medicines Co/ Ma)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to the requirements Lessor at terms, classification and rates normally charged by the public utilities corporation serving that part of the municipality where the subject Premises are located.
a. From and after the Commencement Date, Lessee agrees to pay as set forth Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementCommencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Article 22(a), on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption thenwithin thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the American Arbitration Association in Somerset, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding on Lessor and Lessee, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Lessee shall be promptly refunded.
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Lease Term's commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
d. Lessee covenants that it shall notify Lessor immediately upon the partiesintroduction of any office equipment or lighting different from that on the Premises as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The parties introduction of any new or different equipment or lighting shall share equally be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision.
e. Lessor shall not be liable in any way to Lessee for any lxxx, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the cost quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such third consultantsupply may be interrupted for inspection, repairs and replacement and in emergencies. Pending resolution In any event, the full measure of Lessor's liability for any interruption in the supply due to Lessor's acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by Lessee.
f. Lessor, at Lessee's expense, shall furnish and install xxx replacement lighting tubes, lamps, ballasts and bulbs required in the Premises. Lessee, however, shall have the right to furnish and/or install any or all of the issue Lessee shall pay to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of items mentioned in this issueArticle 22(f).
Appears in 1 contract
Samples: Lease (Pharmaceutical Resources Inc)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to the requirements Lessor at terms, classification and rates normally charged by the public utilities corporation serving that part of the municipality where the subject Premises are located.
a. From and after the Commencement Date, Lessee agrees to pay as set forth Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee. The cost of such survey shall not exceed $350.00. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementCommencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Article 22(a), on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption thenwithin thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the American Arbitration Association in Somerset, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding upon on Lessor and Lessee, and whose cost shall be shared equally. Upon the parties. The parties issue being finally resolved, any overpayment made by Lessee shall share equally be promptly refunded.
c. In the event that there shall be an increase or decrease in the cost rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such third consultant. Pending resolution of service or increase in any such tax following the issue Lessee shall pay to Lessor the charge established by LessorLease Term's consultantcommencement, subject to adjustment upon final determination of this issue.the
Appears in 1 contract
Samples: Lease Agreement (Medicines Co/ Ma)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to the requirements Lessor at terms, classification and rates normally charged by the public utilities corporation serving that part of the municipality where the subject Premises are located.
a. From and after the Commencement Date, Lessee agrees to pay as set forth Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementCommencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Article 22(a), on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption thenwithin thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the American Arbitration Association in Somerset, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding on Lessor and Lessee, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Lessee shall be promptly refunded.
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Lease Term's commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
d. Lessee covenants that it shall notify Lessor immediately upon the partiesintroduction of any office equipment or lighting different from that on the Premises as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The parties introduction of any new or different equipment or lighting shall share equally be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision.
x. Xxxxxx shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the cost quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such third consultantsupply may be interrupted for inspection, repairs and replacement and in emergencies. Pending resolution In any event, the full measure of Lessor's liability for any interruption in the supply due to Lessor's acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by Lessee.
x. Xxxxxx, at Lessee's expense, shall furnish and install all replacement lighting tubes, lamps, ballasts and bulbs required in the Premises. Lessee, however, shall have the right to furnish and/or install any or all of the issue Lessee items mentioned in this Article 22(f).
g. Lessee's use of electrical service as contemplated herein shall pay be during Building Hours, and any use in excess of said Building Hours shall result in an adjustment as set forth in Article 22(a) hereof to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of this issuereflect such additional consumption.
Appears in 1 contract
Samples: Lease (Purchasesoft Inc)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent is included in Fixed Basic Rent as described under Electric Energy Charge in the Preamble and is subject to adjustment in accordance with the requirements as terms and conditions set forth on Exhibit Cbelow.
a. The Electric Energy Charge set forth in the Preamble to this Lease represents Lessor’s and Lessee’s agreed upon charges for the annual cost of providing electric current for the operation of lighting fixtures and electrical outlets initially installed in the Demised Premises. If Lessee’s electrical needs are in excess of the standard and customary usage for an office tenant, attached hereto and made a part hereof (not exceeding the present electrical capacity at the Premises) then such Electric Energy Charge may be subject to adjustments from time to time, based upon the following terms and conditions:
(1) Lessee agrees that determination by an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall to make a survey of the electric power "demand" electrical current and powerload requirements (existing as of the electric time of such survey) in the Demised Premises. The findings and determinations of the consultant as to the proper cost of electricity being consumed by Lessee in the Demised Premises shall be based upon the costs and charges for electrical current which Tenant would pay to the utility company supplying such current to Lessee as a direct consumer, and such findings and determinations shall be binding upon the parties provided, however, that in the event of any dispute between the parties with respect to such findings and determinations, the same shall be submitted to arbitration before the local office of the American Arbitration Association. The Electric Energy Charge shall be adjusted retroactively to the date of the survey to conform to the determination of the electrical consultant (or, to the determination under any arbitration). After such survey and determination shall have been made, Lessor shall deliver to Lessee a copy thereof (as the same may apply to the Lessee herein). Together with such survey and determination, Lessor shall send a statement to Lessee setting forth an adjustment, to be credited to or paid by Lessee, of an amount equal to the difference for such period. Any amount to which Lessee is entitled shall be deducted from the Fixed Rent installment payable for the month following delivery such statement or, in the event that any such amount shall be due to Lessee after the termination date of this Lease, such amount shall be promptly paid to Lessee. Any amount owed by Lessee shall be paid with the next installment of Fixed Rent due to Landlord hereunder.
b. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Commencement, Date, the Electric Energy Charge payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee’s surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
c. Lessee covenants that it shall notify Lessor immediately upon the introduction of any office equipment or lighting fixtures and different from that on the electric Premises as of Lessor’s electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of Lessee used in said survey. The introduction of any new or different equipment or lighting shall be cause for, at Lessor’s election, a resurveying of the Premises at Lessee’s expense. Lessor reserves the right to inspect the Premises to determine insure compliance with this provision.
x. Xxxxxx shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the average monthly electric consumption thereofquantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such supply may be interrupted for inspection, repairs and replacement and in emergencies. After In any event, the full measure of Lessor's consultant has submitted its report, Lessee shall pay ’s liability for any interruption in the supply due to Lessor’s acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, within ten (10) days after demand therefor unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by LessorLessee.
x. Xxxxxx, at Lessee’s expense, shall furnish and install all replacement lighting tubes, lamps, ballasts and bulbs required in the amount determined by said consultant Premises. Lessee, however, shall have the right to furnish and/or install any or all of the items mentioned in this Article 22(e).
f. Lessee’s use of electrical service as owing from the Lease Term's commencementcontemplated herein shall be during Building Hours, and the then expired months, to include the then current month and thereafter, on the first day any use in excess of every month, said Building Hours shall result in advance, the amount an adjustment as set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term commences or ends on any other than the first or last day of the month. Not withstanding the above, should Lessee dispute the determination made by Lessor's independent electrical engineering consultant then the Lessee shall be free to, at the Lessee's sole cost and expense, employ the services of a qualified independent electrical engineering consultant who shall conduct a survey of Lessee's electric lighting fixtures and electric equipment Article 22(a) hereof to determine the average monthly electric consumption utilized by Lessee. If the Lessor's consultant and the Lessee's consultant cannot agree on the Lessee's average monthly electric consumption then, in reflect such case the consultants will agree on an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding upon the parties. The parties shall share equally in the cost of any such third consultant. Pending resolution of the issue Lessee shall pay to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of this issueadditional consumption.
Appears in 1 contract
Samples: Lease Agreement (Silicom Ltd.)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to the requirements Lessor at terms, classification and rates normally charged by the public utilities corporation serving that part of the municipality where the subject Premises are located.
a. From and after the Commencement Date, Lessee agrees to pay as set forth Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementCommencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Article 22(a), on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption thenwithin thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the American Arbitration Association in Somerset, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding on Lessor and Lessee, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Lessee shall be promptly refunded.
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Lease Term's commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
d. Lessee covenants that it shall notify Lessor immediately upon the partiesintroduction of any office equipment or lighting different from that on the Premises as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The parties introduction of any new or different equipment or lighting shall share equally be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision.
x. Xxxxxx shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the cost quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such third consultantsupply may be interrupted for inspection, repairs and replacement and in emergencies. Pending resolution In any event, the full measure of Lessor's liability for any interruption in the supply due to Lessor's acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by Lessee.
x. Xxxxxx, at Lessee's expense, shall furnish and install all replacement lighting tubes, lamps, ballasts and bulbs required in the Premises. Lessee, however, shall have the right to furnish and/or install any or all of the issue Lessee items mentioned in this Article 22(f).
g. Lessee's use of electrical service as contemplated herein shall pay be during Building flours, and any use in excess of said Building Hours shall result in an adjustment as set forth in Article 22(a) hereof to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of this issuereflect such additional consumption.
Appears in 1 contract
Samples: Lease (Distinctive Devices Inc)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. The cost of electric current which is supplied by the Lessor for use by the Lessee in the Premises (A) for so long as Lessee including the cost of electric current which is not in default with respect supplied to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter definedthe Larger Premises), other than for heating or air conditioning purposes, shall be reimbursed to the PremisesLessor, consistent with the requirements as set forth in this Article 22, which the parties intend as equivalent to the terms, classification and rates normally charged by the public utilities corporation serving that part of the municipality where the subject Premises are located, provided, however, that Lessee shall have the right, at its sole expense to install an electric submeter in the Premises to measure Lessee's use of electric current, in which event electricity shall be supplied to the Premises in accordance with subparagraphs h through p of this Article .*
a. From and after the Commencement Date, Lessee agrees to pay as Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises (and Larger Premises) to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days after Lessee's receipt of same, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementCommencement Date, and the then expired months, to include the then current month and thereafter, on adjusted for the estimated electrical charges already paid pursuant to Article 22
(a) On the first day of every monthmonth thereafter, Lessee shall pay, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption thenwithin thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the American Arbitration Association in Somerset, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding upon on Lessor and Lessee, and whose cost shall be shared equally. Upon the parties. The parties issue being finally resolved, any overpayment made by Lessee shall share equally be promptly refunded, and, in the cost of any such third consultant. Pending resolution event Lessee's average monthly consumption, as finally determined, is less than eighty (80%) percent of the issue Lessee shall pay to Lessor the charge established amount originally estimated by Lessor's consultant, subject then Lessor shall pay the cost for both consultants and reimburse Lessee its reasonable out of pocket expenses incurred in connection with such objection.*
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to adjustment such service or increase in any such tax following the Lease Term's commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises (and Larger Premises) was in place.
d. Lessee covenants that it shall notify Lessor promptly upon final determination the introduction of any office equipment or lighting different from that on the Premises (or Larger Premises) as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises (or Larger Premises) as of said survey the use of which, in any event, should be reasonably expected to materially increase Lessee's electricity consumption in excess of the amount estimated as provided in Section 22(b) hereof. Lessee shall also notify Lessor if it occupies any portion of the Larger Premises in addition to that occupied by Lessee as of Lessor's electrical survey. The introduction of any such new or different equipment or lighting or the occupancy of any additional portion of the Larger Premises shall be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right, upon prior written notice to lessee, at mutually convenient times, to inspect the Premises to insure compliance with this issueprovision.*
e. Xxxxxx xxxll not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such
Appears in 1 contract
Samples: Lease (Movado Group Inc)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by Lessor for so long as use by Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to Lessor at terms, classification and rates normally charged by the requirements public utility corporation(s) serving that part of the municipality where the subject Premises are located.
a. From and after the Rent Commencement Date, Lessee agrees to pay as set forth Additional Rent, an estimated electrical charge of ten cents ($.10) per square foot per month, payable on Exhibit Cthe first (1st) day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Section 22(b) upon the following terms and conditions:hereof.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the actual out-of-pocket reasonable costs of said survey shall be borne by Lessee. Lessee's reimbursement for the cost of the survey shall not exceed $500.00. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten thirty (1030) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementRent Commencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Section 22(a) hereof, on the first (1st) day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term commences or ends Rent Commencement Date is on any day other than the first or last (1st) day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption thenwithin thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the American Arbitration Association (or successor thereto) in Xxxxxx County, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding on Lessor and Lessee, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Lessee shall be promptly refunded by Lessor (such obligation to survive the expiration of earlier termination of this Lease).
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Rent Commencement Date, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
d. Lessee covenants that it shall notify Lessor promptly upon the partiesintroduction of any office equipment or lighting materially different from that on the Premises as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The parties introduction of any new or different equipment or lighting shall share equally be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision. Upon reasonable prior notice to Lessee, Lessor shall use reasonable efforts to minimize interference with Lessee's use of the Premises when performing electrical surveys.
x. Xxxxxx shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the cost quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such third consultantsupply may be interrupted for inspection, repairs and replacement and in emergencies. Pending resolution In any event, the full measure of Lessor's liability for any interruption in the supply due to Lessor's acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by Lessee.
x. Xxxxxx, at Lessee's expense, shall furnish and install all replacement lighting tubes, lamps, ballasts and bulbs required in the Premises. Lessee, however, shall have the right to furnish and/or install any or all of the issue Lessee shall pay to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of items mentioned in this issueSection 22(f).
Appears in 1 contract
Samples: Lease Agreement (Alteon Inc /De)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) The cost of electric current which is supplied by the Lessor for so long as use by the Lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office Electrical Service (as hereinafter defined), to the Premises, consistent with other than for heating or air conditioning purposes, shall be reimbursed to the requirements Lessor at terms, classification and rates normally charged by the public utilities corporation serving that part of the municipality where the subject Premises are located.
a. From and after the Commencement Date, Lessee agrees to pay as set forth Additional Rent an estimated electrical charge of $.10 per square foot per month, payable on Exhibit Cthe first day of each and every month, attached hereto and made a part hereof (not exceeding the present until such time as an electrical capacity at the Premisessurvey can be performed pursuant to Article 22(b) upon the following terms and conditions:below.
(1) b. Lessee agrees that an independent electrical engineering consultant selected by Lessor and paid by Lessor, shall make a survey of the electric power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, and the costs of said survey shall be borne by Lessee but not in excess of $350.00. The findings of said consultant as to the average monthly electric consumption of Lessee shall, unless objected to by Lessee within forty-five (45) days, be conclusive and binding on Lessor and Lessee. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined (based on the monthly consumption found by said consultant such consultant) as owing from the Lease Term's commencementCommencement Date, and the then expired months, to include the then current month and thereafterthereafter adjusted for the estimated electrical charges already paid pursuant to Article 22(a), on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding If Lessee objects to said findings, Lessee shall nevertheless pay and continue to pay the above, should Lessee dispute the determination made amount determined by Lessor's independent electrical engineering consultant then until the issue is finally resolved, but Lessee shall be free tomay, at the Lessee's sole cost and its expense, employ seek the services of a qualified an independent electrical engineering consultant who shall conduct make a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lesseeas provided above. If the Lessor's consultant and the Lessee's consultant cannot agree on the as to Lessee's average monthly electric consumption thenwithin thirty (30) days of Lessee's consultant's findings either Lessor or Lessee may request the American Arbitration Association in Somerset, in such case the consultants will agree on New Jersey to appoint an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding on Lessor and Lessee, and whose cost shall be shared equally. Upon the issue being finally resolved, any overpayment made by Lessee shall be promptly refunded.
c. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Building Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Lease Term's commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
d. Lessee covenants that it shall notify Lessor immediately upon the partiesintroduction of any office equipment or lighting different from that on the Premises as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The parties introduction of any new or different equipment or lighting shall share equally be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision.
e. Lessor shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the cost quantity or character of electrical energy available for redistribution to the Premises pursuant to this Article 22 nor for any interruption in the supply, and Lessee agrees that such third consultantsupply may be interrupted for inspection, repairs and replacement and in emergencies. Pending resolution In any event, the full measure of Lessor's liability for any interruption in the supply due to Lessor's acts or omissions shall be an abatement of Fixed Basic Rent and Additional Rent, unless Lessor fails to take such measures as may be reasonable under the circumstances to restore such service without undue delay. In no event shall Lessor be liable for any business interruption suffered by Lessee.
f. Lessor, at Lessee's expense, shall furnish and install all xxxlacement lighting tubes, lamps, ballasts and bulbs required in the Premises. Lessee, however, shall have the right to furnish and/or install any or all of the issue Lessee items mentioned in this Article 22(f).
g. Lessee's use of electrical service as contemplated herein shall pay be during Building Hours, and any use in excess of said Building Hours shall result in an adjustment as set forth in Article 22(a) hereof to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of this issuereflect such additional consumption.
Appears in 1 contract
Samples: Lease (Medicines Co /De)
BUILDING STANDARD OFFICE ELECTRICAL SERVICE. (A) for For so long as Lessee lessee is not in default with respect to this Lease, Lessor agrees to redistribute Building Standard Office office Electrical Service (as hereinafter defined), to the Premises, consistent with the requirements as set forth on Exhibit C, attached hereto and made a part hereof (not exceeding the present electrical capacity at the Premises) upon the following terms and conditions:
(1i) Lessee agrees that an independent electrical engineering consultant selected by Lessor and Lessor, but to be paid by Lessor, shall make a survey of the electric electrical power "demand" demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof. After Lessor's consultant has submitted its report, Lessee shall pay to Lessor, within ten (10) days after demand therefor by Lessor, the amount determined by said consultant as owing from the Lease Term's commencement, and the then expired months, to include the then current month and thereafter, on the first day of every month, in advance, the amount set forth as the monthly consumption in said report. Said amounts shall be treated as Additional Rent due hereunder. Proportionate sums shall be payable for periods of less than a full month if the term Term commences or ends on any other than the first or last day of the month. Not withstanding Notwithstanding the foregoing, the parties hereto agree that based upon the plans and information submitted to Lessor and attached hereto as Exhibit C, the cost to Lessee for electrical energy to the Premises shall be $1.25 per rentable square foot per annum, subject, however, to increase or decrease by survey as set forth above if Lessee's use of said electrical energy, as determined by such survey on the basis of applicable energy rates. Notwithstanding the above, should Lessee dispute the determination made by Lessor's independent electrical engineering consultant then the Lessee shall be free to, at the Lessee's sole cost and expense, employ the services of a qualified independent electrical engineering consultant who shall conduct a survey of Lessee's electric lighting fixtures and electric equipment to determine the average monthly electric consumption utilized by Lessee. If the Lessor's consultant and the Lessee's consultant cannot agree on the Lessee's average monthly electric consumption thenor, in such case the consultants will case, cannot agree on an independent third electrical engineering consultant acceptable to both whose decision shall be final and binding, either party may request the American Arbitration Association in New Jersey at a location to be determined by the parties, appoint such independent third electrical engineering consultant whose decision shall be final and binding upon the parties. The parties Lessee shall share equally in pay the cost of any such third consultant. Pending resolution of the issue issue, Lessee shall pay to Lessor the charge established by Lessor's consultant, subject to adjustment upon final determination of this issue.
(ii) In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the public utility for the supply of Binding Standard Office Electrical Service, or the imposition of any tax with respect to such service or increase in any such tax following the Lease Term's commencement, the Additional Rent payable hereunder shall be adjusted equitably to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Lessee's surveyed usage as if a meter exclusively measuring such usage to the Premises was in place.
(iii) Any additional electrical energy used by the Building or Office Building Area in excess of the aggregate of all Building Standard Office Electrical Service shall be conclusively deemed as used for Common Facilities electric or lightening and shall be treated pursuant to Subsection 22(B) hereof.
(iv) Lessee covenants that it shall notify Lessor immediately upon the introduction of any office equipment or lighting different from that on the Premises as of Lessor's electrical survey or in addition to the aforesaid equipment or lighting on the Premises as of said survey. The introduction of any new or different equipment or lighting shall be cause for, at Lessor's election, a resurveying of the Premises at Lessee's expense. Lessor reserves the right to inspect the Premises to insure compliance with this provision.
(v) Lessor shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the quantity or character of electrical energy available for redistribution to the Premises pursuant to this Section nor for any interruption in the supply, and Lessee agrees that such supply may be interrupted for inspection, repairs and replacement and in emergencies. In any event, the full measure of Lessor's liability for any interruption in the supply due to Lessor's acts or omissions shall be an abatement of rent. In no event shall Lessor be liable for any business interruption suffered by Lessee.
(vi) Lessee shall furnish and install all replacement lighting tubes, lamps, ballasts and bulbs required in the Premises.
(vii) Lessee shall make no alteration to the existing electrical risers, wiring and other conductors or outlets, as shown on Exhibit C, without Lessor's consent. Should lessor consent, all such alterations shall be provided by Lessor and the cost therefor paid for by Lessee upon demand as Additional Rent and the provisions of Subsection 21(A)(iv) shall become applicable.
(viii) Lessee understands that said survey shall be based upon the use of lighting and office equipment during Building Hours, as hereinafter defined. Any use by Lessee beyond Building Hours shall be charged to Lessee.
(B) Lessor reserves the right to, at any time, install a meter to measure Building Standard Office Electrical Service to the Demised Premises, in which event from and after the installation of said meter (hereinafter "Standard Electric Meter") the following shall apply with respect to Lessee's charges for Building Standard Office Electrical Service.
(i) Lessee shall, within ten (10) days of receipt of Xxxxxx'x xxxx, pay Lessee's Percentage, as hereinafter defined, of the gross electrical energy consumed in providing Building Standard Office Electrical Service to the Demised Premises as measured by Standard Electric Meter measuring said service.
(ii) The reasonable cost, as estimated by Lessor's electrical consultant, of any electrical service required to the Premises in excess of Building Standard Office Electrical Service shall, for Lessee and for any other Building tenant requiring said excess service, be paid for in full by the party requesting said excess service, and the cost of gross electrical energy consumed as measured by the Standard Electric Meter shall be appropriately adjusted so that Lessee and all other Building tenants pay their appropriate percentage share as defined in each lease as lessee's percentage or proportionate share as hereinafter defined, applied against the gross electrical energy consumed as measured by the Standard Electric Meter net of any such excess or separately metered Building Standard Office Electrical Service if Lessor installs a separate meter for any tenant.
(iii) Lessor shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the quantity or character of electrical energy available for redistribution to the Premises pursuant to this Section nor for any interruption in the supply, and Lessee agrees that such supply may be interrupted for inspection, repairs, replacement and in emergencies.
(C) In the event the public utility company that furnishes electric energy to Lessor for redistribution to lessee, declines to continue furnishing electric energy for that purpose, Lessor reserves the right to discontinue distributing Building Standard Office Electrical Service to Lessee at any time upon reasonable notice to Lessee. If Lessor exercises such right to termination, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that, from and after the effective date of such termination, Lessee shall not be obligated to pay Lessor for said Building Standard Office Electrical Service. If Lessor so discontinues distributing the aforesaid electrical service, Lessee shall arrange to obtain electric energy directly from the public utility furnishing electric energy to the Building. Lessee may obtain such electric energy be means of the then-existing Building system feeders, risers and wiring to the extent the same are available, suitable and safe for such purposes. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy from the public utility company shall be installed and maintained by Lessee at its sole expense. If Lessee is unable to obtain such electric service after diligent efforts, Lessee may cancel this Lease.
(D) For purposes of this Section 21, "Building Standard Office Electrical Service" shall mean the electrical energy required to provide the lighting and operate general office equipment such as typewriters calculators, personal computers and copiers consistent with the requirements as shown on Exhibit C provided such lighting and equipment does not require greater than a 15-amp line (except as otherwise shown on Exhibit C) but in no way event to include electrical energy for the operation of any major computer installation or data processing equipment, which Building Standard Office Electrical Service shall be provided during Building Hours as hereinafter defined.
Appears in 1 contract
Samples: Lease (Robocom Systems Inc)