Common use of Electric Current and Water Clause in Contracts

Electric Current and Water. 5.1 The Landlord shall furnish, through the existing transmission facilities installed by it in the Building, alternating electric current to the electric closets and panels provided by the Landlord and serving the Premises in such reasonable quantity as may be required for the Tenant’s ordinary use of the Premises for the purposes herein specified, but such quantity shall not exceed, in the aggregate, an average of six xxxxx per rentable square foot of space in the Premises; provided, that if the Tenant shall demonstrate, to the Landlord’s reasonable satisfaction, that the Tenant’s actual usage will exceed said six xxxxx, then the Landlord shall provide the amount so needed, but in no event shall the Landlord be obligated to provide more than eight (8) xxxxx per rentable square foot of space in the Premises. Such alternating electric current shall be measured by a meter or meters provided and installed by the Landlord at such location or locations as the Landlord shall select, it being understood that Tenant is responsible for installation of meter service, including, without limitation, CT cabinets, meter pans and associated wiring, but excluding the meter itself. The Tenant shall pay to the Landlord, as billed by the Landlord, at the end of each billing period of the public utility company then supplying such alternating electric current to the Building an amount which shall be the sum of (i) 105% of the product obtained by multiplying the actual number of kilowatt hours of electric current consumed by the Tenant in such billing period by a fraction having as its numerator the amount charged the Landlord for the Building by said public utility for the total number of kilowatt hours billable to the Landlord for the Building in such billing period and as its denominator said total number of kilowatt hours, plus (ii) any taxes applicable to the amount determined pursuant to the foregoing clause (i). If requested by the Tenant within sixty (60) days after any xxxx for electricity is sent to the Tenant, the Landlord will furnish the Tenant with a copy of the corresponding xxxx from the public utility company. In any circumstances where any meter measures consumption of electricity by more than one tenant, the Landlord shall make a reasonable estimate of such consumption and allocate the cost thereof pro rata to the tenants (including the Tenant) which derive the benefit thereof in accordance with the respective rentable areas occupied by such tenants and subject to such shared metering.

Electric Current and Water. 5.1 The Landlord shall furnish, through the existing transmission facilities installed by it in the Building, alternating electric current to the electric closets and panels provided by the Landlord and serving the Premises in such reasonable quantity as may be required for the Tenant’s ordinary use of the Premises for the purposes herein specified, but such quantity shall not exceed, in the aggregate, an average of six xxxxx wxxxx per rentable square foot of space in the Premises; provided, that if the Tenant shall demonstrate, to the Landlord’s reasonable satisfaction, that the Tenant’s actual usage will exceed said six xxxxxwxxxx, then the Landlord shall provide the amount so needed, but in no event shall the Landlord be obligated to provide more than eight (8) xxxxx wxxxx per rentable square foot of space in the Premises. Such alternating electric current shall be measured by a meter or meters provided and installed by the Landlord at such location or locations as the Landlord shall select, it being understood that Tenant is responsible for installation of meter service, including, without limitation, CT cabinets, meter pans and associated wiring, but excluding the meter itself. The Tenant shall pay to the Landlord, as billed by the Landlord, at the end of each billing period of the public utility company then supplying such alternating electric current to the Building an amount which shall be the sum of (i) 105% of the product obtained by multiplying the actual number of kilowatt hours of electric current consumed by the Tenant in such billing period by a fraction having as its numerator the amount charged the Landlord for the Building by said public utility for the total number of kilowatt hours billable to the Landlord for the Building in such billing period and as its denominator said total number of kilowatt hours, plus (ii) any taxes applicable to the amount determined pursuant to the foregoing clause (i). If requested by the Tenant within sixty (60) days after any xxxx bxxx for electricity is sent to the Tenant, the Landlord will furnish the Tenant with a copy of the corresponding xxxx bxxx from the public utility company. In any circumstances where any meter measures consumption of electricity by more than one tenant, the Landlord shall make a reasonable estimate of such consumption and allocate the cost thereof pro rata to the tenants (including the Tenant) which derive the benefit thereof in accordance with the respective rentable areas occupied by such tenants and subject to such shared metering.

Electric Current and Water. 5.1 The Landlord shall furnish, through the existing transmission facilities installed by it in the Building, alternating electric current to the electric closets and panels provided by the Landlord and serving the Premises premises in such reasonable quantity as may be required for the Tenant’s 's ordinary use of the Premises premises for the purposes herein specified, but such quantity shall not exceed, in the aggregate, an average of six xxxxx per rentable square foot of space in the Premises; provided, that if the Tenant shall demonstrate, to the Landlord’s reasonable satisfaction, that the Tenant’s actual usage will exceed said six xxxxx, then the Landlord shall provide the amount so needed, but in no event shall the Landlord be obligated to provide more than eight (8) xxxxx per rentable square foot of space in the Premises. Such alternating electric current shall be measured by a meter or meters provided and installed by the Landlord at such location or locations as the Landlord shall select, it being understood that Tenant is responsible for installation of meter service, including, without limitation, CT cabinets, meter pans select and associated wiring, but excluding the meter itself. The Tenant shall pay to the Landlord, as billed by the Landlord, at the end of each billing period of the public utility company then supplying such alternating electric current to the Building Center an amount which shall be the sum of (i) 105109% of the product obtained by multiplying the actual number of kilowatt hours of electric current consumed by the Tenant in such billing period by a fraction having as its numerator the amount charged the Landlord for the Building Center by said public utility for the total number of kilowatt hours billable to consumed by the Landlord for the Building Center in such billing period and as its denominator said total number of kilowatt hourshours so consumed by the Center in such billing period, plus (ii) any taxes applicable to the amount determined pursuant to the foregoing clause (i). If requested by the Tenant within sixty (60) days after any xxxx for electricity is sent The Landlord may, at its option, upon not less than 30 days' prior notice to the Tenant, discontinue the Landlord will furnish furnishing of electric current to the premises or any part thereof and, in such event, the Tenant shall contract for the supplying of such electric current thereto with a copy of the corresponding xxxx from the public utility company. In any circumstances where any meter measures consumption of electricity by more than one tenant, service company supplying electric current to the neighborhood and the Landlord shall make a reasonable estimate permit its risers, conduits and feeders serving the premises, to the extent available, suitable and safely capable, to be used for the purpose of supplying such electric current. If the Tenant shall require electric current for use in the premises in excess of such consumption reasonable quantity to be furnished as provided in this Lease and allocate if, in the Landlord's judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, the Landlord, upon request of the Tenant, will proceed with reasonable diligence to install such additional risers, conduits, feeders, switchboards and/or appurtenances provided the same and the use thereof shall be permitted by applicable laws and insurance regulations and shall not cause permanent damage or injury to the Building or the premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs or interfere with or disturb other tenants or occupants of the Building, and the Tenant shall pay all costs and expenses incurred by the Landlord in connection with such installation and shall maintain on deposit with the Landlord such security for the payment by the Tenant of all such costs and expenses as the Landlord shall from time to time request. The Tenant shall purchase and install all lamps, starters and ballasts (including replacements thereof) used in the lighting fixtures in the premises. Water will be furnished by the Landlord for normal use in lavatory/pantry and toilet facilities, if any, in the premises. Where any water is otherwise furnished or any steam is furnished by the Landlord, the Tenant shall pay (i) the cost of supplying, installing and maintaining a meter to measure the water or steam so furnished, (ii) the reasonable charges of the Landlord for the water or steam so furnished and, in the case of water, for any required pumping and heating thereof, and (iii) any taxes, sewer rent or other charges which may be imposed by any government or agency thereof pro rata based upon the quantity of water or steam so furnished or the charge therefor. The Landlord shall in no way be liable for any failure, inadequacy or defect in the character or supply of electric current, water or steam furnished to the tenants (including premises except for actual damage suffered by the Tenant) which derive Tenant by reason of any such failure, inadequacy or defect caused by the benefit thereof in accordance with negligence of the respective rentable areas occupied by such tenants and subject to such shared meteringLandlord.

Electric Current and Water. 5.1 5.1. The Landlord shall furnish, through the existing transmission facilities or transmission facilities installed by it in the Building, not less than 1,085 kw of alternating electric current to the electric closets and panels provided by the Landlord and serving the Premises in such reasonable quantity as may be required for accordance with Exhibit C-2. The 1,085 kw is intended to serve the Tenant’s ordinary use of entire Premises initially demised hereunder (but not the Premises for perimeter fan coil units, the purposes herein specified, but such quantity shall not exceed, in chilled water pumps serving the aggregate, an average of six xxxxx per rentable square foot of space in perimeter fan coil units or the interior air handling units serving the Premises; provided, that if the Tenant ) and which shall demonstratebe, to the Landlord’s reasonable satisfaction, extent that the Tenant’s actual usage will exceed said six xxxxxTenant can reasonably demonstrate its need for the same to the Landlord, then increased in proportion to the rentable area of any space added to the Premises and brought to such space by the Landlord shall provide as of the amount date such space is so needed, but in no event shall the Landlord be obligated to provide more than eight (8) xxxxx per rentable square foot of space in the Premisesadded. Such alternating electric current shall be measured by a meter or meters provided and installed by the Landlord either outside of the Premises, within the electrical closets located on the floors of the Premises or at such other such location or locations as the Landlord shall selectand the Tenant may agree, it being understood that Tenant the Landlord is responsible for the entire cost of the installation of meter service, including, without limitation, the meter and any CT cabinets, meter pans and associated wiring. The interior air handling units, but excluding perimeter fan coil units and chilled water pumps serving perimeter fan coil units within the Premises that are installed as part of Tenant’s Initial Alterations shall be attached to the Landlord’s electrical meter itselfand service, not the Tenant’s electrical meter and service, and the Tenant shall not be directly billed for the electricity consumed by such units and pumps hereunder (it being stipulated that the cost of such electricity shall be included in the Cost of Operation and Maintenance). The Tenant shall pay to the Landlord, as billed by the Landlord, at the end of each billing period of the public utility company then supplying such alternating electric current to the Building Center, an amount which shall be the sum of (i) 105103% of the product obtained by multiplying (x) the actual number of kilowatt hours of electric current consumed by the Tenant in such billing period by (y) a fraction having as its numerator the amount charged the Landlord for the Building by at said public utility utility’s redistribution rate for the total number of kilowatt hours billable to the Landlord at such rate for the Building Center’s use in such billing period and as its denominator said total number of kilowatt hours, as the same are derived from the electric bills rendered by said public utility for such billing period plus (ii) any taxes applicable to the amount determined pursuant to the foregoing clause (i). If requested by the Tenant within sixty (60) days after any xxxx for electricity is sent to the Tenant, the Landlord will furnish the Tenant with a copy of the corresponding xxxx from the public utility company. In any circumstances where any meter measures consumption of electricity by more than one tenant, the Landlord shall make a reasonable estimate of such consumption and allocate the cost thereof pro rata to the tenants (including the Tenant) which derive the benefit thereof in accordance with the respective rentable areas occupied by such tenants and subject to such shared metering. When requested by the Tenant (which requests may not be made more often than once in any 12-month period) within 12 months following the receipt by it of any electric xxxx, the Landlord, in substantiation of its determination of the amounts set forth in the electric bills for the prior 12-month period, shall furnish to the Tenant such additional information as reasonably may be required for such purpose, and, as may be necessary for the verification of such information, shall permit the pertinent records of the Landlord to be examined at the office of the Landlord or its managing agent in New York, New York during normal business hours by an officer or qualified employee of the Tenant or by such regular (as opposed to temporary or “project”) employees of a firm of independent certified public accountants as the Tenant may designate; it being expressly understood that the Landlord shall only preserve any such records and any data or material related thereto until the expiration of the 12-month period described above; and, if the Tenant shall have disputed the Landlord’s determination of the amounts set forth in such bills within the 12-month period described above, the Landlord shall retain such records until the dispute is resolved. Either party may refer any such dispute to arbitration in accordance with Section 35.3.

Electric Current and Water. 5.1 The Landlord shall furnish, through the existing transmission facilities installed by it in the Building, alternating electric current to the electric closets and panels provided by the Landlord and serving the Premises premises in such reasonable quantity as may be required for the Tenant’s 's ordinary use of the Premises premises for the purposes herein specified, but such quantity shall not exceed, in the aggregate, an average of six xxxxx per rentable square foot of space in the Premises; provided, that if the Tenant shall demonstrate, to the Landlord’s reasonable satisfaction, that the Tenant’s actual usage will exceed said six xxxxx, then the Landlord shall provide the amount so needed, but in no event shall the Landlord be obligated to provide more than eight (8) xxxxx per rentable square foot of space in the Premises. Such alternating electric current shall be measured by a meter or meters provided and installed by the Landlord at the expense of the Landlord at such location or locations 1ocations as the Landlord shall select, it being understood that Tenant is responsible for installation of meter service, including, without limitation, CT cabinets, meter pans select and associated wiring, but excluding the meter itself. The Tenant shall pay to the Landlord, as billed by the Landlord, at the end of each billing period of the public utility company then supplying such alternating electric current to the Building an amount which shall be the sum of (i) 105106% of the product obtained by multiplying the actual number of kilowatt hours of electric current consumed by the Tenant in such billing period by a fraction having as its numerator the amount charged the Landlord for the Building by said public utility for the total number of kilowatt hours billable to consumed by the Landlord for the Building in Billing of such billing period and as its denominator said total number of kilowatt hourshours so consumed by billing period, plus (ii) ), any taxes applicable to the amount determined pursuant to the foregoing clause (i). The Landlord may, at its option, upon not less than 60 days' prior notice to the Tenant, discontinue the furnishing of electric current to the premises or any part thereof and, in such event, the Tenant shall contract for the supplying of such electric current thereto with the public service company supplying electric current to the neighborhood and the Landlord shall permit its risers, conduits and feeders serving the premises, to the extent available, suitable and safely capable, to be used for the purpose of supplying such electric current. If the Tenant shall require electric current for use in the premises in excess of such reasonable quantity to be furnished as provided in this Lease and if, in the Landlord's judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, the Landlord, upon request of the Tenant, will proceed with reasonable diligence to install such additional risers, conduits, feeders, switchboards and/or appurtenances provided the same and the use thereof shall be permitted by applicable laws and insurance regulations and shall not cause permanent damage or injury to the Building or the premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs or interfere with or disturb other tenants or occupants of the Building, and the Tenant shall pay all costs and expenses incurred by the Landlord in connection with such installation and shall maintain on deposit with the Landlord such security for the payment by the Tenant of all such costs and expenses as the Landlord shall from time to time request. The Tenant shall purchase and install all lamps, starters and ballasts (including replacements thereof) used in the lighting fixtures in the premises. Water will be furnished by the Landlord for normal use in lavatory and toilet facilities, if any, in the premises. Where any water is otherwise furnished or any steam is furnished by the Landlord, the Tenant shall pay (i) the cost of supplying, installing and maintaining a meter to measure the water or steam so furnished, (ii) the reasonable charges of the Landlord for the water or steam so furnished and, in the case of water, for any required pumping and heating thereof, and (iii) any taxes, sewer rent or other charges which may be imposed by any government or agency thereof based upon the quantity of water or steam so furnished or the charge therefor. The Landlord shall in no way be liable for any failure, inadequacy or defect in the character or supply of electric current, water or steam furnished to the premises except for actual damage suffered by the Tenant by reason of any such failure, inadequacy or defect caused by the wilful misconduct or negligence of the Landlord. When requested by the Tenant within sixty (60) days after 6 months following the receipt by it of any xxxx for electricity is sent alternating electric current, the Landlord, in, substantiation of its determination of the amounts set forth in said xxxx, will furnish to the TenantTenant such additional information as reasonably may be required for such purpose, and, as may be necessary for the verification of such information, will permit the pertinent records of the Landlord will furnish to be examined by an officer of the Tenant with a copy of or by such independent certified public accountant as the corresponding xxxx from the public utility company. In any circumstances where any meter measures consumption of electricity by more than one tenant, Tenant may designate; it being expressly understood that the Landlord shall make a reasonable estimate of be under no duty to preserve any such consumption and allocate the cost thereof pro rata to the tenants (including the Tenant) which derive the benefit thereof in accordance records, or any data or material related thereto, beyond such time as shall be its customary practice with the respective rentable areas occupied by such tenants and subject to such shared meteringrespect thereto."

Electric Current and Water. 5.1 5.1. The Landlord shall furnish, through the existing transmission facilities installed by it in the Building, alternating electric current to the electric closets and panels provided by the Landlord and serving the Premises in such reasonable quantity as may be required for the Tenant’s 's ordinary use of the Premises for the purposes herein specified, but such quantity shall not exceed, in the aggregate, an average of six xxxxx per rentable square foot of space in the Premises; provided, that if the Tenant shall demonstrate, to the Landlord’s reasonable satisfaction, that the Tenant’s actual usage will exceed said six xxxxx, then the Landlord shall provide the amount so needed, but in no event shall the Landlord be obligated to provide more than eight (8) xxxxx per rentable four wattx xxx useable square foot of space in the Premises. Such alternating electric current shall be measured by a meter or meters provided and installed by the Landlord at such location or locations as the Landlord shall select, it being understood that Tenant is responsible for installation of meter service, including, without limitation, CT cabinets, meter pans and associated wiring, but excluding the meter itself. The Tenant shall pay to the Landlord, as billed by the Landlord, at the end of each billing period of the public utility company then supplying such alternating electric current to the Building Center an amount which shall be the sum of (i) 105109% of the product obtained by multiplying the actual number of kilowatt hours of electric current consumed by the Tenant in such billing period by a fraction having as its numerator the amount charged the Landlord for the Building Center by said public utility for the total number of kilowatt hours billable to the Landlord for the Building Center's tenants' use in such billing period and as its denominator said total number of kilowatt hours, hours plus (ii) any sales, use or other similar taxes applicable to the amount determined pursuant to the foregoing clause (i). If requested by the Tenant within sixty (60) days after any xxxx for electricity is sent to the Tenant, the Landlord will furnish the Tenant with a copy of the corresponding xxxx from the public utility company. In any circumstances where any meter measures consumption of electricity by more than one tenant, the Landlord shall make a reasonable estimate of such consumption and allocate the cost thereof pro rata to the tenants (including the Tenant) which derive the benefit thereof in accordance with the respective rentable areas occupied by such tenants and subject to such shared metering.

Electric Current and Water. 5.1 The Landlord shall furnish, through the existing transmission facilities installed by it in the Building, alternating electric current to the electric closets and panels provided by the Landlord and serving the Premises premises in such reasonable quantity as may be required for the Tenant’s 's ordinary use of the Premises premises for the purposes herein specified, but such quantity shall not exceed, in the aggregate, an average of six xxxxx per rentable square foot of space in the Premises; provided, that if the Tenant shall demonstrate, to the Landlord’s reasonable satisfaction, that the Tenant’s actual usage will exceed said six xxxxx, then the Landlord shall provide the amount so needed, but in no event shall the Landlord be obligated to provide more than eight (8) xxxxx per rentable square foot of space in the Premises. Such alternating electric current shall be measured by a meter or meters provided and installed by the Landlord at the expense of the Landlord at such location or locations as the Landlord shall select, it being understood that Tenant is responsible for installation of meter service, including, without limitation, CT cabinets, meter pans select and associated wiring, but excluding the meter itself. The Tenant shall pay to the Landlord, as billed by the Landlord, at the end of each billing period of the public utility company then supplying such alternating electric current to the Building an amount which shall be the sum of (i) 105106% of the product obtained by multiplying the actual number of kilowatt hours of electric current consumed by the Tenant in such billing period by a fraction having as its numerator the amount charged the Landlord for the Building by said public utility for the total number of kilowatt hours billable to the Landlord for consumed by the Building in such billing period and as its denominator said total number of kilowatt hourshours so consumed by the Building in such billing period, plus (ii) any taxes applicable to the amount determined pursuant to the foregoing clause (i). The Landlord may, at its option, upon not less than 60 days' prior notice to the Tenant, discontinue the furnishing of electric current to the premises or any part thereof and, in such event, the Tenant shall contract for the supplying of such electric current thereto with the public service company supplying electric current to the neighborhood and the Landlord shall permit its risers, conduits and feeders serving the premises, to the extent available, suitable and safely capable, to be used for the purpose of supplying such electric current. If the Tenant shall require electric current for use in the premises in excess of such reasonable quantity to be furnished as provided in this Lease and if, in the Landlord's judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed in the Building, the Landlord, upon request of the Tenant, will proceed with reasonable diligence to install such additional risers, conduits, feeders, switchboards and/or appurtenances provided the same and the use thereof shall be permitted by applicable laws and insurance regulations and shall not cause permanent damage or injury to the Building or the premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs or interfere with or disturb other tenants or occupants of the Building, and the Tenant shall pay all costs and expenses incurred by the Landlord in connection with such installation and shall maintain on deposit with the Landlord such security for the payment by the Tenant of all such costs and expenses as the Landlord shall from time to time request. The Tenant shall purchase and install all lamps, starters and ballasts (including replacements thereof) used in the lighting fixtures in the premises. Water will be furnished by the Landlord for normal use in lavatory and toilet facilities, if any, in the premises. Where any water is otherwise furnished or any steam is furnished by the Landlord, the Tenant shall pay (i) the cost of supplying, installing and maintaining a meter to measure the water or steam so furnished, (ii) the reasonable charges of the Landlord for the water or steam so furnished and, in the case of water, for any required pumping and heating thereof, and (iii) any taxes, sewer rent or other charges which may be imposed by any government or agency thereof based upon the quantity of water or steam so furnished or the charge therefor. The Landlord shall in no way be liable for any failure, inadequacy or defect in the character or supply of electric current, water or steam furnished to the premises except for actual damage suffered by the Tenant by reason of any such failure, inadequacy or defect caused by the wilful misconduct or negligence of the Landlord. When requested by the Tenant within sixty (60) days after 6 months following the receipt by it of any xxxx for electricity is sent alternating electric current, the Landlord, in substantiation of its determination of the amounts set forth in said xxxx, will furnish to the TenantTenant such additional information as reasonably may be required for such purpose, and, as may be necessary for the verification of such information, will permit the pertinent records of the Landlord will furnish to be examined by an officer of the Tenant with a copy of or by such independent certified public accountant as the corresponding xxxx from the public utility company. In any circumstances where any meter measures consumption of electricity by more than one tenant, Tenant may designate; it being expressly understood that the Landlord shall make a reasonable estimate of be under no duty to preserve any such consumption and allocate the cost thereof pro rata to the tenants (including the Tenant) which derive the benefit thereof in accordance records, or any data or material related thereto, beyond such time as shall be its customary practice with the respective rentable areas occupied by such tenants and subject to such shared meteringrespect thereto."