Electric Charges Clause Samples
The Electric Charges clause defines the responsibilities and procedures related to the costs of electricity used in connection with the subject property or service. Typically, it specifies whether the landlord, tenant, or another party is responsible for paying for electric utilities, and may outline how charges are calculated, billed, and paid. This clause ensures that all parties understand their financial obligations regarding electricity, thereby preventing disputes and promoting transparency in utility cost allocation.
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Electric Charges. (a) Landlord shall supply the Premises with electrical service equal to six (6) ▇▇▇▇▇, demand load, exclusive of the HVAC System serving the Premises, per usable square foot contained in the Premises (“Electric Capacity”), and shall cause Tenant’s electric energy usage to be measured on a submetering basis. If the electric service supplied to the Premises is supplied by more than one (1) submeter, then the readings will be aggregated through a totalizing meter and billed on a coincident demand basis as if billed through a single meter. Landlord shall, at Landlord’s expense, purchase and install the submeter(s). Tenant shall pay Landlord, as Additional Charges within thirty (30) days of receipt of its next rent ▇▇▇▇, for the kilowatt hours and kilowatt demand used by Tenant at Landlord’s average cost per kilowatt and per kilowatt hour for the Building, plus five (5%) percent thereof for providing, reading and billing the submetering service. Landlord shall have the sole right to select the provider of electricity for the Building; provided, however, that Landlord shall not select a provider of electricity for the Building in which Landlord has an economic interest other than the ownership of publicly-traded common stock. Tenant, from time to time, shall have the right to review the readings of Tenant’s submeter(s) and Landlord’s calculation of the Additional Charges for electricity, at reasonable times and on reasonable prior notice, on or prior to the ninetieth (90th) day after the date on which Tenant receives the rent ▇▇▇▇ or statement which includes such Additional Charges. Tenant shall be entitled in its discretion to allocate within the Premises the six (6) ▇▇▇▇▇ of electrical service delivered by Landlord to the Premises, but no such allocation by Tenant within the Premises shall obligate Landlord to increase the electrical service provided to the Premises or change the manner in which such electrical service is delivered to the Premises.
(b) Prior to the date that Landlord shall install submeter(s) at the Premises, Tenant shall pay in monthly installments in advance, as additional rent for its consumption of electricity at the Premises, a per annum sum equal to the product of (A) $3.00 and (B) the rentable square feet of the Premises, provided, however, that until the earlier of (x) the Rent Commencement Date and (y) Tenant’s occupancy of the Premises for the conduct of Tenant’s business, Tenant shall pay for its consumption of electricity a per ann...
Electric Charges. Landlord shall not be liable for any interruption any utility service for any reason unless caused by the gross negligence or willful misconduct of Landlord. Landlord shall have the right to change the electric and other utility providers to the Project or Building at any time. Tenant shall pay to Landlord, as Additional Rent, within fifteen (15) business days of receipt of Landlord’s billing statement therefor, all charges incurred by Landlord for electricity, at Landlord’s cost without markup, such charges to be based upon Tenant’s consumption, as measured by Landlord’s submeter for the Premises. Landlord shall provide the Premises with electricity for lighting and usual office equipment, and heat and air-conditioning “HVAC” in the respective seasons on a seven (7) day a week twenty four (24) hour a day basis.
Electric Charges. In an effort to encourage residents to be conscientious about utility conservation, and to more fairly distribute the costs of electricity usage to individual users, Brook Avenue requires each apartment household to pay, in addition to rent due under this Occupancy Agreement, a separate amount to be billed as provided herein, due as additional Rent, for the utility services of electricity. Such amount will be based upon an allocation of sub metered usage, at a commercial rate, which is based upon individual unit usage and some common area usage. Resident shall pay an amount stated in a separate bill (“Utility Bill”) received by Resident each month from a billing service provider (“Utility Management Systems”) designated by Brook Avenue. The total cost for the electricity utility each month is available upon request from the Management office. Upon move-in, Residents will be charged a new account activation fee. This activation fee will appear on Residents’ first utility bill for electricity usage. Residents agree to pay monthly service fee; which fee shall be included on each utility bill. Brook Avenue will have the right, but not the obligation, upon termination of this Agreement for any reason, to cause the billing utility company to prepare and submit to Residents, with a copy to Brook Avenue, a final utility bill, which bill may be estimated on the basis of the prorated, apportioned share of the most recent month’s utility bill to Residents. Residents agree such final utility bill will be due upon receipt. If such utility bill is not paid, Brook Avenue may recover the amount unpaid from Residents’ Security Deposit. All such amounts payable by Residents to Brook Avenue under this Agreement shall constitute additional Rent.
Electric Charges. (a) Tenant’s demand for, and consumption of, electricity serving the Premises shall be determined by submeters installed (or, if existing, retrofitted) by Landlord at Landlord’s expense. Tenant shall pay for such electric consumption from and after the Commencement Date within 15 days after rendition of bills therefor, which bills shall be rendered by or on behalf of Landlord separately for each meter.
(b) The amount payable by Tenant per “KW” and “KWH” for electricity consumed within the Premises shall be 103% of the amount (as adjusted from time to time, “Landlord’s Rate”) at which Landlord from time to time purchases each KW and KWH of electricity for the same period from the utility company and/or alternate providers (the “Utility Company”) (including, without limitation, all surcharges, taxes, fuel adjustments, market supply and market adjustment charges, taxes passed on to consumers by the public utility, and other sums payable in respect thereof), plus all other surcharges, taxes and other sums payable by Landlord in respect of Landlord’s sale of electricity to Tenant. Landlord’s Rate shall be determined by applying KW and KWH (on-peak and off-peak, if applicable) as derived from Tenant’s submeter(s) to the same rate schedule(s) (both the utility and alternate provider, if applicable) applicable to Landlord’s electricity purchase during each respective service period. Notwithstanding anything to the contrary herein, Landlord shall not be obligated to apply Tenant’s interval data to Landlord’s Rate in order to determine the amount payable by Tenant hereunder.
(c) Following the Commencement Date, to the extent submeters are not already installed on any floor of the Premises, Landlord shall use reasonable efforts to promptly install, at Landlord’s cost and expense, submeters on such floor of the Premises to measure Tenant’s electricity consumption. If the Commencement Date shall occur prior to the installation of such submeters in the Premises, then Tenant shall pay $1.50 ($0.75 during the period of Tenant’s construction of the Initial Tenant Work to the Premises) per rentable square foot of space in the Premises per annum (the “Interim Electric Charge”), on account of Tenant’s use of electricity in the Premises for the period commencing on the Commencement Date and ending on the date that the submeters measuring Tenant’s consumption of electricity in the Premises are installed and are operational. The Interim Electric Charge shall be paid by Tenant mo...
Electric Charges. Tenant shall continue to be liable for all electrical service used or consumed in the First Floor Space in accordance with the applicable provisions of the Lease, including, without limitation, Section 11(b) of the Original Lease.
Electric Charges. The Lease is supplemented to provide that from and after the Replacement Space Commencement Date, Tenant shall pay, as additional rent, all charges for electricity, light, heat or other utility used by Tenant at the Replacement Space. If electric energy consumed in the Replacement Space is not separately metered, either by the utility company or by Landlord, and billed to Tenant, Tenant shall pay Landlord for such electric energy the sum of $19,831.25 per annum (i.e., $1.25 per square foot of gross rentable area of the Replacement Space) in equal monthly installments of $1,652.60 each on the first day of each month during the term of the Lease commencing on the Replacement Space Commencement Date. Such sum of $19,831.25 shall be subject to increase in accordance with increases in electric charges payable by Landlord. In addition, either Landlord or Tenant may, at any time, at its sole cost and expense, engage an electrical consultant, approved by Landlord, to make a survey of the electric energy demand in the Replacement Space and to determine the average monthly electric consumption in the Replacement Space. The findings of said consultant as to the average monthly electric consumption of Tenant shall be deemed conclusive and binding upon the parties. From and after said consultant has submitted its report, Tenant shall pay to Landlord, as additional rent, on the first day of each month during the balance of the term of the Lease (or until another such survey is performed or a separate electric meter is installed for the Replacement Space), in advance, the amount set forth in the survey as the monthly electric consumption.
Electric Charges. (a) Tenant’s demand for, and consumption of, electricity serving the Premises shall be determined by meters or submeters, the first installation of which shall be at Landlord’s expense with respect to one meter or submeter per floor of the Premises and any additional or subsequent installations of which shall be at Tenant’s expense, it being understood, however, that in all cases such meters and submeters shall be maintained by Landlord as an Operating Expense. Such meters or submeters shall be capable of providing information regarding both the aggregate KWH of consumption for the Premises and the total coincidental demand for the Premises in KW (treated as if such demand were measured by a single meter), and shall be billed as if there was only one (1) meter in the Premises. Tenant shall pay for electric consumption (“Electricity Additional Rent”) as provided in this Section 2.09 within 30 days after rendition of a b▇▇▇ therefor, which shall be rendered by or on behalf of Landlord and may not be rendered more frequently than once per month.
(b) The Electricity Additional Rent will consist of the following:
(i) The Basic Electric Charge (as hereinafter defined and calculated); plus
(ii) An amount equal to 3% of the Basic Electric Charge for the applicable billing cycle to take into account the deemed line losses (and actual cost of transformer losses, if applicable) between the Building’s master meter and Tenant’s meters or submeters; it being agreed by the parties that such actual line or transformer losses are not reasonably capable of being accurately measured and the above percentage is a reasonable estimation thereof and not a markup of the Basic Electric Charge.
Electric Charges. (a) For purposes of this Section 2.05:
Electric Charges. (a) Tenant’s demand for, and consumption of, electricity in the Premises shall be determined by submeter or submeters installed (or, if existing, retrofitted) by Landlord at Landlord’s expense as part of Landlord’s Work. Tenant shall pay for such electric consumption within 30 days after rendition of bills therefor, which bills shall be rendered by or on behalf of Landlord separately for each meter.
(b) The amount payable by Tenant per “KW” and “KWHR” for separate submetered electricity consumed within the Premises, as determined by the submeter installed at Landlord’s expense which separately measures electricity consumed at the Premises, shall be 105% of the amount (as adjusted from time to time, “Landlord’s Rate”) at which Landlord from time to time purchases each KW and KWHR of electricity for the same period from the utility company (including all surcharges, taxes, fuel adjustments, taxes passed on to consumers by the public utility, and other sums payable in respect thereof). Landlord’s Rate shall be determined by dividing the cost charged by said utility (averaged separately for KW and KWHRs) during each respective billing period by the number of KWs and KWHRs consumed by the Building as set forth on the utility company invoice for such period. With each statement of Landlord for electric expense, Landlord shall include a copy of the relevant utility ▇▇▇▇.
Electric Charges. Commencing on the Commencement Date, in addition to the Base Rent and other charges set forth in this Lease, Tenant shall pay Landlord for all electricity consumed in the Premises, including electricity consumed by the air-conditioning, heating and ventilating equipment serving the Premises, together with Tenant’s Proportionate Share of the cost of electricity consumed in the operation of the common areas of the Property. Tenant shall pay Landlord for such electric charges based on the sub-meter reading for the Premises and the common areas, including any meter reading charges incurred by Landlord. All charges for electricity shall be payable as Additional Rent, with the installment of Base Rent with which they are billed, or if billed separately, shall be due and payable within ten (10) days after such billing.