Common use of Cost of Electricity Clause in Contracts

Cost of Electricity. Tenant shall pay to Landlord on each Basic Rent Payment Date, in advance, the Minimum Electric Energy Charge. The Minimum Electric Energy Charge represents Landlord’s estimate of the annual cost of providing electric current to the Premises. If Landlord’s electric rates increase, the Minimum Electric Energy Charge will be proportionately increased. In addition, the Minimum Electric Energy Charge will be increased if based upon a survey of the electrical current and power load requirements in the Premises, Landlord’s electrical consultant determines that the actual cost of the electric current used in the Premises exceeds the Minimum Electric Energy Charge. Landlord’s consultant shall determine the proper cost of electricity consumed in the Premises based upon the costs and charges Tenant would pay to the utility company as a direct consumer. The Minimum Electric Energy Charge will be adjusted retroactively to the date of the survey. Landlord shall deliver a copy of the survey to Tenant, together with a statement setting forth the new Minimum Electric Energy Charge and the Survey Adjustment Amount. The “Survey Adjustment Amount” means (i) the new Minimum Electric Energy Charge applicable to the period from the date of the survey until the next Basic Rent Payment Date, less (ii) the total Minimum Electric Energy Charge actually paid by Tenant for the same period. Tenant shall pay the Survey Adjustment Amount to Landlord on the next Basic Rent Payment Date. Notwithstanding anything to the contrary contained herein, in no event will Tenant be entitled to a refund or credit of any kind against the Minimum Electric Charge paid or payable by Tenant, it being understood and agreed that the Minimum Electric Energy Charge is a minimum charge. If Tenant installs any high electrical usage equipment, Landlord reserves the right to place an electrical check meter on such equipment, as well as any other equipment used in conjunction therewith, at Tenant’s sole cost and expense. Tenant shall pay the charges for electrical energy consumed by such high electrical usage equipment in addition to all other sums due under this Lease. At the option of Landlord, Tenant agrees to purchase from Landlord, at commercially reasonable rates, all light bulbs, fluorescent lighting fixtures, starters, ballasts, lenses and grills used in the Premises as and when same require replacement, and to pay to Landlord the commercially reasonable costs of installing the same.

Cost of Electricity. Tenant shall pay to Landlord on each Basic Rent Payment Date, in advance, the Minimum Electric Energy Charge. The Minimum Electric Energy Charge represents Landlord’s estimate of the annual cost of providing electric current to the Premises. If Landlord’s electric rates increase, the Minimum Electric Energy Charge will be proportionately increased. In addition, the Minimum Electric Energy Charge will be increased if based upon a survey of the electrical current and power load requirements in the Premises, Landlord’s electrical consultant determines that the actual cost of the electric current used in the Premises exceeds the Minimum Electric Energy Charge. Landlord’s consultant shall determine the proper cost of electricity consumed in the Premises based upon will be measured by direct meters, submeters, check meters or other measuring devices which Landlord shall cause to be installed prior to the costs and Commencement Date as part of the Finish Work. If direct meters are installed, Tenant shall be responsible for payment of all charges Tenant would pay directly to the utility company as a direct consumercompany, such charges to include, without limitation, usage charges, installation charges, meter reading charges and demand factors. The Minimum Electric Energy Charge will be adjusted retroactively to If submeters or check meters are installed, from and after the date of the survey. Landlord shall deliver a copy of the survey to Tenant, together with a statement setting forth the new Minimum Electric Energy Charge and the Survey Adjustment Amount. The “Survey Adjustment Amount” means (i) the new Minimum Electric Energy Charge applicable to the period from the date of the survey until the next Basic Rent Payment Commencement Date, less (ii) the total Minimum Electric Energy Charge actually paid by Tenant for the same period. Tenant shall pay the Survey Adjustment Amount to Landlord on the next Basic Rent Payment Date. Notwithstanding anything Landlord, as Additional Rent, within ten (10) days after receipt of Landlord’s xxxx therefor, an amount equal to the contrary contained herein, in no event will Tenant be entitled to a refund or credit average actual cost of any kind against the Minimum Electric Charge paid or electrical service per kwh payable by Tenant, it being understood and agreed that Landlord for the Minimum Electric Energy Charge is a minimum charge. If Tenant installs any high electrical usage equipment, Landlord reserves the right to place an electrical check meter on such equipment, as well as any other equipment used in conjunction therewith, at Building times Tenant’s sole cost and expense. Tenant shall pay the charges for electrical energy consumed by such high electrical usage equipment in addition to all other sums due under this Lease. At the option of Landlord, Tenant agrees to purchase from Landlord, at commercially reasonable rates, all light bulbs, fluorescent lighting fixtures, starters, ballasts, lenses and grills used consumption in the Premises as shown on said meter(s) plus an administrative fee for such reading and when same require replacementany tax in connection with the resale of electricity by Landlord to Tenant. Landlord shall include in Landlord’s CAM Expenses the cost to read the submeters or check meters. Bills for such electrical usage shall be rendered by Landlord at such times as Landlord may elect and the amounts shown on such bills shall be paid by Tenant as Additional Rent within ten (10) days after receipt of such bills; provided, however, Landlord shall not render a xxxx for electric charges to Tenant that reflects electric charges that were incurred by Tenant more than one (1) year prior to the date the xxxx was rendered. Landlord shall be responsible for maintaining and repairing the submeters. During any period in which any submeters may be non-operational, Landlord shall have the right to pay to Landlord determine Tenant’s consumption of electricity by other reasonable means, including determinations on the commercially reasonable costs basis of installing the sameprior submeter readings or determinations based on a survey conducted by a reputable third party engineer selected by Landlord.

Cost of Electricity. Tenant shall pay to Landlord on each Basic Rent Payment Date, in advance, the Minimum Electric Energy Charge. The Minimum Electric Energy Charge represents Landlord’s estimate of the annual cost of providing electric current to the Premises. If Landlord’s electric rates increase, the Minimum Electric Energy Charge will be proportionately increased. In addition, the Minimum Electric Energy Charge will be increased if if, based upon a survey of the electrical current and power load requirements in the Premises, Landlord’s electrical consultant reasonably determines that the actual cost of the electric current used in the Premises exceeds the Minimum Electric Energy Charge. Landlord’s consultant shall determine the proper cost of electricity consumed in the Premises based upon the costs and charges Tenant would pay to then in effect for the utility company as a direct consumerBuilding. The Minimum Electric Energy Charge will be adjusted retroactively to the date of the survey. Within thirty (30) days following the completion of such survey, Landlord shall deliver a copy of the survey to Tenant, together with a statement setting forth the new Minimum Electric Energy Charge and the Survey Adjustment Amount. The “Survey Adjustment Amount” means (i) the new Minimum Electric Energy Charge applicable to the period from the date of the survey until the next Basic Rent Payment Date, less (ii) the total Minimum Electric Energy Charge actually paid by Tenant for the same period. Tenant shall pay the Survey Adjustment Amount to Landlord on the next Basic Rent Payment Date. Notwithstanding anything to the contrary contained herein, in no event will Tenant be entitled to a refund or credit of any kind against the Minimum Electric Charge paid or payable by Tenant, it being understood and agreed that the Minimum Electric Energy Charge is a minimum charge. If Tenant installs any high electrical usage equipment, Landlord reserves the right to place an electrical check meter on such equipment, as well as any other equipment used in conjunction therewith, at Tenant’s sole cost and expense. Tenant shall pay the charges for electrical energy consumed by such high electrical usage equipment in addition to all other sums due under this Lease. At the option of Landlord, Tenant agrees to purchase from Landlord, at commercially reasonable rates, all light bulbs, fluorescent lighting fixtures, starters, ballasts, lenses and grills used in the Premises as and when same require replacementPremises, and to pay to Landlord the commercially reasonable costs of installing the same.