Electric Current and Water. The Landlord shall furnish, through the existing transmission facilities installed by it in the Building, alternating electric current to the premises in such reasonable quantity as may be required for the Tenant's ordinary use of the premises for the purposes herein specified. 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 and 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 Center an amount which shall be the sum of (i) 109% 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 Center by said public utility for the total number of kilowatt hours consumed by the Center in such billing period and as its denominator said total number of kilowatt hours so consumed by the Center 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 30 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/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 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 negligence of the Landlord.

Appears in 1 contract

Samples: Sublease (Abacus Direct Corp)

Electric Current and Water. The Landlord shall furnish, through the existing transmission facilities installed by it in the Building, alternating electric current to the premises in such reasonable quantity as may be required for the Tenant's ordinary use of the premises for the purposes herein specified. 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 and 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 ~~Center~~ Building an amount which shall be the sum of (i) ~~109~~106% 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 ~~Center~~ Building by said public utility for the total number of kilowatt hours consumed by the ~~Center~~ Building in such billing period and as its denominator said total number of kilowatt hours so consumed by the ~~Center~~ 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 30 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/pantry~~ 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 6 months following the receipt by it of any xxxx for alternating electric current, the Landlord, in substantiation of its determination of the amounts set forth in said xxxx, will 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, will permit the pertinent records of the Landlord to be examined by an officer of the Tenant or by such independent certified public accountant as the Tenant may designate; it being expressly understood that the Landlord shall be under no duty to preserve any such records, or any data or material related thereto, beyond such time as shall be its customary practice with respect thereto."

Appears in 1 contract

Samples: Lease Agreement (New York Restaurant Group Inc)

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 ~~premises~~ 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~~ Premises for the purposes herein specified, but such quantity shall not exceed, in the aggregate, an average of six 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 wxxxx, then the Landlord shall provide the amount so needed, but in no event shall the Landlord be obligated to provide more than eight (8) 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~~ 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 ~~Center~~ Building an amount which shall be the sum of (i) ~~109~~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 ~~Center~~ Landlord for the Building by said public utility for the total number of kilowatt hours ~~consumed by~~ billable to the ~~Center~~ Landlord for the Building in such billing period and as its denominator said total number of kilowatt ~~hours so consumed by the Center in such billing period~~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 bxxx for electricity is sent to the Tenant, the Landlord will furnish the Tenant with a copy of the corresponding 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. 5.2 The Landlord may, at its option, upon not less than 30 sixty (60) days' ’ prior notice to the Tenant, discontinue the furnishing of electric current to the ~~premises~~ 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~~ neighborhood, and the Landlord shall permit its risers, conduits and feeders serving the ~~premises~~Premises, to the extent available, suitable and safely capable, to be used for the purpose of supplying such electric current. ; it being understood that (except to the extent prohibited by any Requirement) the Landlord will not discontinue the furnishing of such electric current to the Premises unless (a) the Landlord discontinues furnishing electric current to substantially all of the tenants in the Building, (b) it is possible for the Tenant to contract with the public utility company furnishing electric current to the neighborhood for the furnishing of such electric current to the Premises and (c) the Tenant shall have had reasonable time to so contract with such utility company and to perform all work necessary to provide risers, conduits and feeders to supply the electric current provided for in the first sentence of Section 5.1. 5.3 If (a) the Tenant shall require electric current for use in the ~~premises~~ Premises (including, without limitation, electric current furnished through the Tenant’s Electric Riser) in excess of the greater of (i) six (6) wxxxx per rentable square foot of space in the Premises and (ii) if the Tenant shall demonstrate, to the Landlord’s reasonable satisfaction, that the Tenant’s actual usage will exceed said six wxxxx, the lesser of the Tenant’s actual usage and eight (8) wxxxx per rentable square foot of space in the Premises and (b) the Landlord, at its reasonable option, shall make such ~~reasonable quantity~~ excess load available to ~~be furnished as provided~~ the Tenant, then the Tenant shall pay the Landlord’s then standard charge for such excess load availability along with the consumption charges specified in ~~this Lease and~~ Section 5.1. In addition to the foregoing charges, if, in the Landlord's ’s judgment, such ~~excess requirements~~ additional electric current 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 all laws, ordinances, rules, orders and regulations of all governmental and quasi-governmental authorities and of all insurance bodies, at any time duly issued and in force (collectively, “Requirements”) applicable ~~laws and insurance regulations~~ to the Land, the Building or the Premises or any part thereof, to the Tenant’s use thereof or to the Tenant’s observance of any provision of this Lease and shall not cause ~~permanent~~ damage or injury to the Building or the ~~premises~~ 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; provided, that the Tenant may, at its expense, install such additional risers, feeders, switchboards and/or appurtenances (and all work and actions in connection therewith shall be subject to the provisions of Section 6.5). The Tenant shall purchase and install all lamps, starters and ballasts (including replacements thereof) used in the lighting fixtures in the ~~premises.~~ Premises. 5.4 Water will be furnished by the Landlord for (a) normal ~~use~~ office uses including in ~~lavatory/pantry~~ lavatory and toilet facilities, pantries and coffee rooms, if any, in the ~~premises~~Premises and (b) reasonable and customary use in any kitchen facilities in the Premises which are capable of simultaneously serving a full meal to no more than twenty-four (24) persons. Where any water is otherwise furnished or any steam is furnished by the Landlord, the Tenant shall pay (i) the actual 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 based on a mutually agreed-upon, reasonable estimate of the Tenant’s usage and, in the case of water, for any required pumping and heating thereof, and (~~iii~~ii) 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. Notwithstanding anything in this Section 5.4, there shall be no charge to the Tenant under this Section 5.4 for chilled water furnished by the Landlord pursuant to Article Twenty. 5.5 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~~ Premises except for actual damage suffered by the Tenant by reason of any such failure, inadequacy or defect caused by the sole negligence, gross negligence or willful misconduct of the Landlord or its agents, servants or employees in the operation or maintenance of the Premises or the Building (each, a “Landlord Party”). Subject to the provisions of Article Nine, if any such failure, inadequacy or defect renders more than 500 rentable square feet of the Premises untenantable for (a) fourteen (14) days in any thirty (30) day period after the Tenant notifies the Landlord of such untenantability (subject to appropriate extension for force majeure events), if the remedy of such failure, inadequacy or defect is within the Landlord.’s reasonable control or was caused by the sole negligence, gross negligence or willful misconduct of a Landlord

Appears in 1 contract

Samples: Lease (Cowen Group, Inc.)

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 ~~premises~~ 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~~ 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~~ 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 ~~Center~~ Building an amount which shall be the sum of (i) ~~109~~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 ~~Center~~ Landlord for the Building by said public utility for the total number of kilowatt hours ~~consumed by~~ billable to the ~~Center~~ Landlord for the Building in such billing period and as its denominator said total number of kilowatt ~~hours so consumed by the Center in such billing period~~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. 5.2 The Landlord may, at its option, upon not less than 30 sixty (60) days' ’ prior notice to the Tenant, discontinue the furnishing of electric current to the ~~premises~~ 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~~ neighborhood, and the Landlord shall permit its risers, conduits and feeders serving the ~~premises~~Premises, to the extent available, suitable and safely capable, to be used for the purpose of supplying such electric current. ; it being understood that (except to the extent prohibited by any Requirement) the Landlord will not discontinue the furnishing of such electric current to the Premises unless (a) the Landlord discontinues furnishing electric current to substantially all of the tenants in the Building, (b) it is possible for the Tenant to contract with the public utility company furnishing electric current to the neighborhood for the furnishing of such electric current to the Premises and (c) the Tenant shall have had reasonable time to so contract with such utility company and to perform all work necessary to provide risers, conduits and feeders to supply the electric current provided for in the first sentence of Section 5.1. 5.3 If (a) the Tenant shall require electric current for use in the ~~premises~~ Premises (including, without limitation, electric current furnished through the Tenant’s Electric Riser) in excess of the greater of (i) six (6) xxxxx per rentable square foot of space in the Premises and (ii) if the Tenant shall demonstrate, to the Landlord’s reasonable satisfaction, that the Tenant’s actual usage will exceed said six xxxxx, the lesser of the Tenant’s actual usage and eight (8) xxxxx per rentable square foot of space in the Premises and (b) the Landlord, at its reasonable option, shall make such ~~reasonable quantity~~ excess load available to ~~be furnished as provided~~ the Tenant, then the Tenant shall pay the Landlord’s then standard charge for such excess load availability along with the consumption charges specified in ~~this Lease and~~ Section 5.1. In addition to the foregoing charges, if, in the Landlord's ’s judgment, such ~~excess requirements~~ additional electric current 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 all laws, ordinances, rules, orders and regulations of all governmental and quasi-governmental authorities and of all insurance bodies, at any time duly issued and in force (collectively, “Requirements”) applicable ~~laws and insurance regulations~~ to the Land, the Building or the Premises or any part thereof, to the Tenant’s use thereof or to the Tenant’s observance of any provision of this Lease and shall not cause ~~permanent~~ damage or injury to the Building or the ~~premises~~ 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; provided, that the Tenant may, at its expense, install such additional risers, feeders, switchboards and/or appurtenances (and all work and actions in connection therewith shall be subject to the provisions of Section 6.5). The Tenant shall purchase and install all lamps, starters and ballasts (including replacements thereof) used in the lighting fixtures in the ~~premises.~~ Premises. 5.4 Water will be furnished by the Landlord for (a) normal ~~use~~ office uses including in ~~lavatory/pantry~~ lavatory and toilet facilities, pantries and coffee rooms, if any, in the ~~premises~~Premises and (b) reasonable and customary use in any kitchen facilities in the Premises which are capable of simultaneously serving a full meal to no more than twenty-four (24) persons. Where any water is otherwise furnished or any steam is furnished by the Landlord, the Tenant shall pay (i) the actual 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 based on a mutually agreed-upon, reasonable estimate of the Tenant’s usage and, in the case of water, for any required pumping and heating thereof, and (~~iii~~ii) 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. Notwithstanding anything in this Section 5.4, there shall be no charge to the Tenant under this Section 5.4 for chilled water furnished by the Landlord pursuant to Article Twenty. 5.5 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~~ Premises except for actual damage suffered by the Tenant by reason of any such failure, inadequacy or defect caused by the sole negligence, gross negligence or willful misconduct of the Landlord or its agents, servants or employees in the operation or maintenance of the Premises or the Building (each, a “Landlord Party”). Subject to the provisions of Article Nine, if any such failure, inadequacy or defect renders more than 500 rentable square feet of the Premises untenantable for (a) fourteen (14) days in any thirty (30) day period after the Tenant notifies the Landlord of such untenantability (subject to appropriate extension for force majeure events), if the remedy of such failure, inadequacy or defect is within the Landlord.’s reasonable control or was caused by the sole negligence, gross negligence or willful misconduct of a Landlord

Appears in 1 contract

Samples: Lease (Cowen Group, Inc.)

Appears in 1 contract

Samples: Lease Agreement (G Iii Apparel Group LTD /De/)

Electric Current and Water. 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 ~~premises~~ electric closets and panels provided by the Landlord and serving the Premises in ~~such reasonable quantity as may be required~~ accordance with Exhibit C-2. The 1,085 kw is intended to serve the entire Premises initially demised hereunder (but not the perimeter fan coil units, the chilled water pumps serving the perimeter fan coil units or the interior air handling units serving the Premises) and which shall be, to the extent that the Tenant can reasonably demonstrate its need for the ~~Tenant's ordinary use~~ same to the Landlord, increased in proportion to the rentable area of any space added to the Premises and brought to such space by the Landlord as of the ~~premises for the purposes herein specified~~date such space is so added. 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 select~~ and the Tenant may agree, it being understood that 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, 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 and 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 ~~Center~~ Center, an amount which shall be the sum of (i) ~~109~~103% 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 ~~Center by~~ Landlord at said public ~~utility~~ utility’s redistribution rate for the total number of kilowatt hours ~~consumed by~~ billable to the ~~Center~~ Landlord at such rate for the Center’s use in such billing period and as its denominator said total number of kilowatt ~~hours so consumed~~ hours, as the same are derived from the electric bills rendered by ~~the Center in~~ said public utility for such billing ~~period,~~ period plus (ii) any taxes applicable to the amount determined pursuant to the foregoing clause (i). ~~The~~ 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. 5.2. If (a) required to do so by any Requirement, (b) any Requirement would have a material adverse impact on the Landlord if the Landlord continued to furnish electric current as required by this Lease or (c) the Landlord shall also discontinue the furnishing of electric current to all other office tenant(s) of the Building (other than NBC and affiliates of the Landlord) leasing at least one full floor of the Building, then the Landlord may~~, at its option~~, upon not less than 180 days’ (or any such shorter time period required by any Requirement (but in no event less than 30 days' ’)) prior notice to the Tenant, discontinue the furnishing of electric current to the ~~premises~~ Premises or any part ~~thereof and, in~~ thereof. 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~~ neighborhood, and the Landlord shall permit its risers, conduits and feeders serving the ~~premises~~Premises, to the extent available, suitable and safely capable, to be used for the purpose of supplying such electric ~~current~~current (it being understood that the Tenant may, subject to all Requirements, continue to use the same to the same extent as it had been using the same prior to the discontinuance of the furnishing of electric current by the Landlord, unless the Landlord provides alternate risers, conduits and feeders). 5.3. If the Tenant shall require electric current for use in the ~~premises~~ Premises in excess of ~~such reasonable~~ the quantity to be furnished as provided in ~~this Lease~~ Section 5.1 above, the Landlord shall reasonably cooperate with the Tenant to identify pathways through which risers can be run, which pathways shall lead from the Premises to the nearest available power distribution point with sufficient capacity to meet the additional need. In identifying shaft space, the Landlord shall have the right to (a) reasonably reserve capacity for current and ~~if, in~~ future needs and (b) take into consideration the ~~Landlord's judgment, such excess requirements cannot be furnished unless additional risers, conduits, feeders, switchboards and/or appurtenances are installed~~ rights of other tenants in the Building. The Tenant shall pay (i) the Landlord’s reasonable and customary one-time charge (currently $250 per KVA) for connection to the equipment located at such power distribution point, (ii) the cost of running Additional Electric Equipment from such distribution point to the Premises as set forth below and (iii) the consumption charges specified in Section 5.1. Upon identification of such pathways, the Landlord, upon request of the Tenant, will proceed with reasonable diligence to install such additional risers, conduits, feeders, switchboards and/or appurtenances as may be required to bring such additional power from such distribution points to the Premises (collectively, “Additional Electric Equipment”) provided the same and the use thereof shall be permitted by all laws, ordinances, rules, orders and regulations of all governmental and quasi-governmental authorities and of all insurance bodies, at any time duly issued and in force (collectively, “Requirements”) applicable ~~laws and insurance regulations~~ to the Land, the Building or the Premises or any part thereof, to the Tenant’s use thereof or to the Tenant’s observance of any provision of this Lease and shall not cause ~~permanent~~ damage or injury to the Building or the ~~premises~~ Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs or unreasonably 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~~ installation; provided that the Tenant may, at its expense, install such Additional Electric Equipment (and all work and actions in connection therewith shall be subject to the provisions of ~~all such costs and expenses as the Landlord shall from time to time request~~subsection (e) of Section 6.1). The Tenant shall purchase and install all lamps, starters and ballasts (including replacements thereof) used in the lighting fixtures in the ~~premises~~Premises. 5.4. Water and steam will be furnished by the Landlord without additional charge for normal use in ~~lavatory/pantry~~ (x) lavatory and toilet ~~facilities~~facilities and (y) one executive kitchen (provided the same is comprised of less than 1,000 rentable square feet), if any, in the ~~premises~~Premises. Where any water or steam 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. 5.5. The Landlord shall permit the Tenant to tie a single kitchen in the Premises into the gas riser and/or other gas piping and apparatus serving the Building in accordance with all Requirements and the other provisions of this Lease, provided that the cost of all work required to do so (including installation of a gas meter) shall be paid by the Tenant as part of Tenant’s Initial Alterations and the Tenant shall contract directly for such gas with the public service company supplying gas to the Building. 5.6. The Landlord shall in no way be liable for any failure, inadequacy or defect in the character or supply of electric current, ~~water~~ water, gas or steam furnished to the ~~premises~~ Premises except ~~for~~ to the extent that any actual damage suffered by the Tenant by reason of any such failure, inadequacy or defect is caused by the negligence of the Landlord.

Appears in 1 contract

Samples: Lease Agreement (Lazard LTD)

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 ~~premises~~ 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~~ Premises for the purposes herein specified, but such quantity shall not exceed, in the aggregate, an average of 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~~ 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 Center an amount which shall be the sum of (i) 109% 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 Center by said public utility for the total number of kilowatt hours ~~consumed by~~ billable to the ~~Center~~ Landlord for the Center's tenants' use in such billing period and as its denominator said total number of kilowatt hours ~~so consumed by the Center in such billing period,~~ plus (ii) any sales, use or other similar taxes applicable to the amount determined pursuant to the foregoing clause (i). 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. 5.2. The Landlord may, at its option, upon not less than 30 thirty (30) days' prior notice to the Tenant, discontinue the furnishing of electric current to the ~~premises~~ 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~~ neighborhood. It being understood that the Landlord will not discontinue, except where otherwise mandated by any Requirements (as hereafter defined), the furnishing of such electric current to the Premises until the Tenant has had a reasonable time to contract for the furnishing of such electric current with such public service company; provided, however, that the Tenant proceeds in a diligent manner with respect to such conversion. The Landlord shall permit its risers, conduits and feeders serving the ~~premises~~Premises, to the extent available, suitable and safely capable, to be used for the purpose of supplying such electric current. 5.3. If the Tenant shall require electric current for use in the ~~premises~~ Premises in excess of such reasonable quantity to be furnished as provided in ~~this Lease~~ Section 5.1 above and the Landlord, at its option, shall make such excess load available to the Tenant, then the Tenant shall pay the Landlord's then standard charge for such excess load availability along with the consumption charges specified in Section 5.1. In addition to the foregoing charges, if, in the Landlord's judgment, such ~~excess requirements~~ additional electric current 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 all laws, ordinances, rules, orders and regulations of all governmental and quasi-governmental authorities and of all insurance bodies, at any time duly issued and in force (collectively, "Requirements") applicable ~~laws and insurance regulations~~ to the Land, the Building or the Premises or any part thereof, to the Tenant's use thereof or to the Tenant's observance of any provision of this Lease and shall not cause ~~permanent~~ damage or injury to the Building or the ~~premises~~ 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 reasonable costs and reasonable expenses incurred by the Landlord in connection with such ~~installation and shall maintain on deposit with the Landlord such security for the payment by~~ installation; provided, that the Tenant may, at its expense, install such additional risers, feeders, switchboards and/or appurtenances (and all work and actions in connection therewith shall be subject to the provisions of ~~all such costs and expenses as the Landlord shall from time to time request~~subsection (e) of Article Six). The Tenant shall purchase and install all lamps, starters and ballasts (including replacements thereof) used in the lighting fixtures in the ~~premises~~Premises. 5.4. ~~Water~~ Hot and Cold water will be furnished by the Landlord at the Landlord's cost and expense for normal use in cleaning and in lavatory/, toilet facilities, pantry and ~~toilet facilities~~drinking fountains, if any, in the ~~premises~~Premises. Where any water is otherwise furnished or any steam is furnished by the ~~Landlord~~Landlord (exclusive of steam for heating the Premises), the Tenant shall pay (i) the cost of supplying, installing and maintaining a meter to measure the water or steam (exclusive of steam for heating the Premises) so furnished, (ii) the reasonable charges of the Landlord for the water or steam (exclusive of steam for heating the Premises) so furnished and, in the case of water, for any required pumping and heating thereof, and (iii) any sales, use or similar 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. 5.5. 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~~ Premises except for actual damage suffered by the Tenant by reason of any such failure, inadequacy or defect caused by the gross negligence or willful misconduct of the Landlord.

Appears in 1 contract

Samples: Lease Agreement (BKF Capital Group Inc)

Electric Current and Water. The Landlord shall furnish, through the existing transmission facilities installed by it in the Building, alternating electric current to the premises in such reasonable quantity as may be required for the Tenant's ordinary use of the premises for the purposes herein specified. 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 and 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 ~~Center~~ Building an amount which shall be the sum of (i) ~~109~~106% 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 ~~Center~~ Building by said public utility for the total number of kilowatt hours consumed by the ~~Center in~~ Billing of such billing period and as its denominator said total number of kilowatt hours so consumed by ~~the Center 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 30 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/pantry~~ 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 6 months following the receipt by it of any xxxx for alternating electric current, the Landlord, in, substantiation of its determination of the amounts set forth in said xxxx, will 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, will permit the pertinent records of the Landlord to be examined by an officer of the Tenant or by such independent certified public accountant as the Tenant may designate; it being expressly understood that the Landlord shall be under no duty to preserve any such records, or any data or material related thereto, beyond such time as shall be its customary practice with respect thereto."

Appears in 1 contract

Samples: Lease (Smith & Wollensky Restaurant Group Inc)

Common use of Electric Current and Water Clause in Contracts