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Common use of Electric Current Clause in Contracts

Electric Current. (a) Landlord shall provide electric current to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 4 contracts

Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)

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Electric Current. (a) a. Landlord shall provide install and maintain at its cost separate electric current meters for measuring electricity furnished to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption Tenant shall contract with the company supplying electrical current for the purchase and obtaining of electricity electrical current directly from such company, which shall be billed directly to and paid for by Tenant. This shall include all current used in the Premises shall be measured by a separate submeter Premises, including but not limited to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord all electricity used for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In additionheating, from time to time at the written request of Tenantair conditioning and ventilation, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Datelighting, Landlord shall, at its sole cost office equipment and expense, install a separate submeter to service the Premisesmachines. (b) b. If Tenant shall require electric electrical current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided the present capacities and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall requirements will result in an additional burden on the Building air conditioning system systems and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, then Landlord shall upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wirewires, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if Tenant, provided current therefor be is available to Landlord, and provided further that the same shall be permitted by applicable laws and insurance regulations and shall not cause permanent damage to the Building or the Premises or Premises, cause or create a dangerous or hazardous condition or condition, entail excessive or unreasonable alterations or repairs repairs, or interfere with or disturb other tenants or occupants of the Building or (y) Building. Tenant shall reimburse Landlord on demand for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed all costs incurred by or for Landlord on account thereof. c. If requested by Tenant, all the electricity serving such equipment shall be submeteredLandlord, at Tenant’s sole cost and expense, shall purchase and Tenant shall reimburse Landlord for install all replacement lamps (including, but not limited to, incandescent and fluorescent lights) used in the cost of electricity consumed by such equipment as shown on such submeterPremises. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, d. Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, character or supply of electrical energy is changed by the utility service provider such that it or is no longer available or suitable for Tenant’s requirements. e. Except as may be disclosed in the Additional Plans (d) Txxxxx and thereby approved by Landlord), Tenant agrees that it will shall not make any material alteration or material addition to the electrical equipment and/or or appliances in the Premises without obtaining the prior written consent of Landlord in each instance first obtainedinstance, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will shall promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 3 contracts

Samples: Assignment, Assumption, Amendment and Consent, Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals, Inc.), Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals Inc)

Electric Current. (a) The parties acknowledge that Landlord shall provide electric current shall, as part of Landlord’s Base Building Work (as defined in Section 4.7), install a separate meter to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in measure the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement DatePremises. Tenant shall pay Landlord contract directly with the company supplying electricity to the Building for electric service, which service shall be billed directly to, and paid for by, Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies maintain the separate meter, at Landlord’s cost, during the Term of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the PremisesLease. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished amount as is customarily required for such office use as hereinabove provided in the amount of floor area comprised by the Premises, and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Subject to the provisions of Section 8.8 below8.8, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it or is no longer available or suitable for Tenant’s requirements. (d) Txxxxx Xxxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 2 contracts

Samples: Lease Agreement (CarGurus, Inc.), Lease Agreement (CarGurus, Inc.)

Electric Current. (a) Landlord shall provide electric current to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx xxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx Xxxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 2 contracts

Samples: Lease Agreement (Hubspot Inc), Lease Agreement (Hubspot Inc)

Electric Current. (a) Landlord shall provide electric current 12. Rates and conditions in respect to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements sub-metering or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, thenrent inclusion, as the case may be, (x) Landlordto be added in RIDER attached hereto. Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the building or the risers or wiring installation and Tenant may not use any electrical equipment which, upon written request and at the sole cost and expense of Tenantin Owner’s opinion, reasonably exercised, will furnish and install overload such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs installations or interfere with or disturb the use thereof by other tenants or occupants of the Building building. The change at any time of the character of electric service shall in no way make Owner liable or responsible to Tenant, for any loss, damages or expenses which Tenant may sustain. Access to Premises: 13. Owner or Owner’s agents shall have the right (ybut shall not be obligated) Tenant to enter the demised premises in any emergency at any time, and at other reasonable times, to examine the same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Owner shall reimburse Landlord for such additional cost, as aforesaid. In not enter upon the demised premises except upon reasonable advance notice which may be oral (except in the case of any additional electrical equipment being installed by or for Tenantan emergency, all the electricity serving such equipment in which case notice shall be submeteredgiven as soon as practicable) and Owner shall make reasonable efforts to minimize the disturbance caused by any entry upon the premises. Tenant shall permit Owner to use and maintain and replace pipes, ducts, and conduits in and through the demised premises and to erect new pipes, ducts, and conduits therein, provided they are concealed within the walls, floors, or ceiling. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction, nor shall the Tenant be entitled to any abatement of rent while such work is in progress, nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof, Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term, for the purpose of showing the same to prospective tenant. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, and provided reasonable care is exercised to safeguard Tenant’s sole cost property, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation, and expensesuch act shall have no effect on this lease or Tenant’s obligations hereunder. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building, is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to be the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed Constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be paid by Tenant. Occupancy: 15. Tenant will not at any time use or occupy the demised premises in violation of the certificate of occupancy issued for the building of which the demised premises are a part. Tenant has inspected the demised premises and accepts them as is. In any event, Owner makes no representation as to the condition of the demised premises, and Tenant shall reimburse Landlord for agrees to accept the cost same subject to violations, whether or not of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and record, except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirementsthis Lease. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 2 contracts

Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)

Electric Current. (a) Landlord shall provide electric current 12. Rates and conditions in respect to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements sub-metering or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, thenrent inclusion, as the case may be, (x) Landlordto be added in RIDER attached hereto. Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the building or the risers or wiring installation and Tenant may not use any electrical equipment which, upon written request and at the sole cost and expense of Tenantin Owner’s opinion, reasonably exercised, will furnish and install overload such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs installations or interfere with or disturb the use thereof by other tenants or occupants of the Building or (y) Tenant building. The change at any time of the character of electric service shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any no way be make Owner liable or responsible to Tenant Tenant, for any loss, damage damages or expense expenses which Tenant may sustain sustain. Access to Premises: 13. Owner or incur Owner’s agents shall have the right (but shall not be obligated) to enter the demised premises in any emergency at any time, and at other reasonable times, to examine the same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and maintain and replace pipes, ducts, and conduits in and through the demised premises and to erect new pipes, ducts, and conduits therein, provided they are concealed within the walls, floors, or ceiling. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction, nor shall the Tenant be entitled to any abatement of rent while such work is in progress, nor to any damages by reason of loss or inturruption of business or otherwise. Throughout the term hereof, Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last 24 months of the term, for the purpose of showing the same to prospective tenant. If Tenant is not present to open and permit an entry into the demised premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly, and provided reasonable care is exercised to safeguard Tenant’s property, such entry shall not render Owner or its agents liable therefore, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant’s property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation, and such act shall have no effect on this lease or Tenant’s obligations hereunder. Vault, Vault Space, Area: 14. No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building, is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to be the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the quantityamount of such space or area be diminished or required by any federal, characterstate or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or supply diminution or abatement of electrical energy is changed rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be paid by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it . Occupancy: 15. Tenant will not make at any material alteration time use or material addition occupy the demised premises in violation of the certificate of occupancy issued for the building of which the demised premises are a part. Tenant has inspected the demised premises and accepts them as is, subject to the electrical equipment and/or appliances in riders annexed hereto with respect to Owner’s work, if any. In any event, Owner makes no representation as to the Premises without condition of the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayeddemised premises, and Tenant will promptly advise Landlord agrees to accept the same subject to violations, whether or not of any other alteration or addition to such electrical equipment and/or appliancesrecord.

Appears in 2 contracts

Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)

Electric Current. (a) Throughout the Term Landlord shall provide furnish Tenant without additional charge during Normal Business Hours (as defined in Section 23) a reasonable amount of electric current to Tenant in a reasonable quantity sufficient at 110 volts ("Normal Usage Amount") for Tenant’s conduct of its business in lighting purposes within the Premises and the powering of a normal amount of office equipment and appliances. "Normal Usage Amount" is defined for purposes of this Lease to mean electric power supplied at the Permitted Use but not less than six rate of three (63) wxxxx xxxxx per useable square feet foot of the Premises. The consumption In this regard Xxxxxx agrees as follows: (1) If Landlord reasonably determines based upon engineering studies of electricity in electrical load consumed that Tenant is materially exceeding the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Normal Usage Amount Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, such amounts as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, additional rent as will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall equitably reimburse Landlord for the cost of electricity the extra electric power so consumed by Tenant; (2) If Tenant shall desire to place and install in the Premises electric equipment or appliances other than normal and typical to general office usage it shall pay for such installations including any additional electric lines and facilities required and shall pay for the electric power used in such equipment as shown on such submeter. if same exceeds Normal Usage Amount. Xxxxxxxx has advised Tenant that present Baltimore Gas & Electric (c"Electric Service Provider") Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 belowis the utility company selected by Landlord to provide electricity to the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall not in have the right at any way time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be liable referred to as an "Alternative Service Provider") or responsible continue to contract for service from the Electric Service Provider. Tenant for shall cooperate with Landlord, the Electric Service Provider and any lossAlternate Service Provider at all times and, damage or expense which Tenant may sustain or incur if as reasonably necessary, shall allow Landlord, the quantityElectric Service Provider, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make and any material alteration or material addition Alternative Service Provider reasonable access to the electrical equipment and/or appliances Building's electric lines, feeders, risers, wiring and any other machinery within the Premises, provided that Landlord shall use its reasonable efforts to minimize its interference with Xxxxxx's business in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliancesPremises.

Appears in 1 contract

Samples: Agreement of Lease (Convera Corp)

Electric Current. Landlord shall furnish Tenant with electric current ---------------- (subject to discontinuance as provided herein), at no additional charge except as may be hereinafter provided in subparagraph (a) Landlord shall provide electric current hereof and paragraph 33(d), during business hours on business days, consistent with the normal purposes for which the demised premises have been leased to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of subject to all the electric bills for the service covered by such submeter. If the Premises are not separately submetered provisions as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premisesmay be herein contained. (ba) If Tenant shall require electric current for use in In the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements event there is an increase or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, thendecrease, as the case may be, (x) in the rate schedule or rates for the purchase of electric current or electricity, including demand or energy charges, fuel adjustment rates, service charges or sales taxes, hereinafter collectively referred to as "electric consumption and demand charges," from the public utility or other supplier of electricity to the Landlord, from and after the date hereof, such increase or decrease shall at Landlord's option, be added to and made a part of, or subtracted from the annual rental provided for in this Lease, and if this Lease has not yet commenced, then such increase or decrease shall be added to and made a part of, or subtracted from the annual rental upon written request the commencement of the Lease. The amount of such increase or decrease shall be computed by: ascertaining the electric consumption and at demand charges for the sole cost entire building for the 12 months immediately preceding the effective date of the increase or decrease; then ascertaining such electric consumption and expense demand charges based upon the new rates and charges; then computing the percentage of Tenantincrease or decrease, will furnish as the case may be, and install multiplying such additional wirepercentage of increase or decrease by the difference between the annual rental and the amount set forth in subdivision (c) below. (b) Tenant shall make no changes in or additions to the electrical system, wiring, conduits, switches, fixtures, outlets or any other electrical equipment in the building or demised premises during the term of this Lease and any extensions or renewals thereof without first obtaining the written consent of the Landlord thereto. Tenant shall not, during the term of this Lease, connect to the risers, feeders, switchboards outlets, base receptacles, wiring or installations constituting Landlord's electrical distribution system, any electrical machinery, electrical equipment, electrical computers or any other office or electrical appliances without first obtaining the written consent of the Landlord thereto. Tenant further agrees not to permit, at any time during the term of this Lease, its electrical consumption to overtax the capacity of Landlord's existing electrical distribution system. (c) The Landlord may discontinue the supply of electric current to the Tenant, at any time, notwithstanding any contrary provisions of this Lease, upon giving Tenant thirty (30) days prior written notice of Landlord's intention so to do and appurtenances as reasonably thereupon Tenant may be required to contract or otherwise arrange with any person, firm or corporation for the purchase and supply of such additional requirements electric current, all without affecting or changing the obligations of the Tenant if under this Lease, provided, however, that in the event of the discontinuance of the electric current therefor be available to by the Landlord, the annual rental shall be reduced to the sum of $339,613.00 and Tenant shall have no further rights under this Lease with respect thereto. In the event of such discontinuance of electric current, Tenant shall have no right to use or utilize Landlord's electrical distribution system, including its risers, feeders, wiring or installations for the supply of Tenant's electric current. Tenant may install, at its own cost and expense, any risers, feeders, wiring or installations to enable it to obtain electric current, subject, however, to there being available space, areas and facilities in the building for the inclusion and insertion of such risers, feeders, wiring and installations, of which availability Landlord shall be the sole judge; provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage or injury to the Building building or the Premises demised premises, or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs condition, or interfere with or disturb other tenants, or overtax the capacity of Landlord's existing electrical distribution system, and provided further that any such work will at all times comply with the laws, rule and regulations of all governmental bureaus, agencies and other subdivisions having jurisdiction over the demised premises. The aforesaid risers, feeders, wiring and installations to be installed by Tenant shall, at all times, be and remain the property of Landlord. "Notwithstanding anything to the contrary contained herein, Landlord agrees it will not discontinue the supply of electric current to Tenant unless, at the same time, Landlord disconnects electric to all tenants or occupants above the ground floor." (d) The Landlord agrees to supply electric current to the Tenant in the manner as herein set forth, to the extent that the quality, character and quantity of the Building or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case supply of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment electric current shall be submetered, at Tenant’s sole cost available to the Landlord from the public utility company or other supplier supplying the same and expense, the Landlord and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, further agree that Landlord shall not in any way be liable or responsible to the Tenant for any loss, damage or expense which Tenant may sustain resulting from change in the quality, character or incur if quantity or due to the quantity, charactercessation or interruption of said supply without any fault on the part of the Landlord, or for Landlord's failure to supply such electric current when prevented from so doing by strikes, accidents, repairs, alterations, improvements or other causes beyond Landlord's control or by orders or laws of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration federal, state, county or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayedmunicipal authorities, and Tenant will promptly advise Landlord there shall be no abatement of any other alteration rent upon the happening and during the period of such event or addition to such electrical equipment and/or appliancesevents.

Appears in 1 contract

Samples: Lease (Norton McNaughton Inc)

Electric Current. (a) Landlord The Board shall provide furnish electric current to Tenant in such portions of the NBC Units and the GE Units and the electric risers applicable thereto as are served by the Electrical System, at a reasonable quantity sufficient for Tenant’s conduct level of its business in the Premises for the Permitted Use but service not less than six (6) wxxxx per useable square feet that supplied as of the Premisesdate of this Agreement. The consumption of electricity in the Premises Such electric current shall be measured by a meter or meters provided and installed by the Board (except that any coincident demand meters shall be provided and installed at the cost of NBC or GE) at such location or locations as the Board shall select. NBC and GE shall pay to the Board at the end of each billing period of the public utility company then supplying said electric current to the Condominium Buildings (the “Utility”) such amounts which shall be the sum of (i) the product obtained by multiplying the actual number of kilowatt hours of electric current consumed by NBC and GE in such billing period by a fraction having as its numerator the amount charged the Condominium Buildings by the Utility for the total number of kilowatt hours consumed by the Condominium Buildings in such billing period (exclusive of any sales tax separately stated in such charge if such sales tax is not applicable to the electric current so furnished by the Board to NBC and GE) in accordance with the provisions hereof) and as its denominator said total number of kilowatt hours so consumed by the Condominium Buildings in such billing period, plus (ii) any taxes applicable to the amount determined pursuant to the foregoing clause (i) as may be billed by the Board to NBC therefor on the basis of the actual consumption of electric current by NBC and GE. Notwithstanding the foregoing sentence, if at any time the Utility provides the Board with a separate submeter xxxx based on consumption and demand for electricity consumed in the NBC Units or the GE Units, as measured by a meter or meters installed to separate and isolate the electrical load of the NBC Units or the GE Units, NBC and GE shall pay to the Board (A) the amount of each such xxxx, plus (B) any applicable taxes, plus (C) all actual costs incurred by the Board in obtaining such separate xxxx. The Board shall use reasonable efforts, at the expense of NBC and GE, to arrange for the Utility to provide the Board with such separate xxxx and shall permit the requisite meter or meters to be installed by Landlord at locations in the Premises as of Condominium Buildings reasonably satisfactory to the Commencement DateBoard and the Utility. Tenant shall pay Landlord for Tenant’s use of electric current in In the Premises as shown on such submeter event that the Board shall, from time to time within thirty (30) days after demand therefortime, generally upgrade the electrical service available to other Unit Owners, at such Unit Owners’ sole cost and expense, the Board shall give NBC and GE reasonable advance notice of such proposed upgrade, and shall afford NBC and GE, at the sole cost and expense of NBC and/or GE, the opportunity to participate in such improvement, and to make such upgraded electrical service available to the NBC and/or GE Units. Tenant As a condition to such participation, NBC and/or GE shall reimburse the Board for all costs and expenses incurred by the Board in connection with such upgrade to the electrical service available to the NBC and/or GE Units, which amounts shall be deemed part of Reimbursable Costs in accordance with Section 4.07(a). In addition, NBC and/or GE shall have the right to read contract for and obtain electricity directly from the Utility, and to pay the Utility directly for such submeter electricity service. NBC shall have the right to designate the XXX or another Designee to be the purchaser of electricity, and if the XXX or such Designee is entitled to exemption from time any tax otherwise applicable to time. In additionthe purchase of electricity, from time the Board shall cooperate in all reasonable respects with NBC or the XXX (or such Designee) to time at cause the written request Utility to recognize such tax exemption and to pass the benefits of Tenant, Landlord shall provide Tenant copies of such tax exemption to NBC or the electric bills for the service covered by XXX (or such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the PremisesDesignee). (b) If Tenant shall require The Board may, at its option, upon not less than 30 days’ prior notice to NBC and/or GE, discontinue the furnishing of electric current for use in to such portions of the Premises in excess of such reasonable quantity NBC Units and/or GE Units and the electric risers that provide power to be furnished for such use the NBC Units and/or GE Units as hereinabove provided and if (i) in Landlord’s reasonable judgmentare served by the Electrical System, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account any part thereof, thenand, in such event, NBC and/or GE, as the case may be, shall contract for the supplying of such electric current thereto with the Utility, and the Board shall permit the Condominium Buildings’ risers, conduits and feeders serving the NBC Units and/or GE Units, as applicable, to the extent available, suitable and safely capable, to be used for the purpose of supplying such electric current; it being understood that the Board will not discontinue the furnishing of such electric current pursuant to this Section 4.01(b) until (xexcept to the extent prohibited by law) Landlordthe Board shall have done all work necessary in order that the Condominium Buildings’ risers, upon written request conduits and at feeders may be used for the sole cost purpose of supplying such electric current in the quantity provided for in Section 4.01(a), and expense NBC and/or GE, as the case may be, shall have, with due diligence, contracted with the Utility for the furnishing of Tenant, will furnish and install such additional wireelectric current (c) NBC shall maintain all existing risers, conduits, feeders, switchboard and equipment rooms, and all meters therefor, exclusively serving the NBC Units in the Studio Building, and shall have the right, subject to the provisions of this Agreement, to furnish, install and thereafter maintain at such locations in the Condominium Buildings as shall be approved by the Board such additional meters, risers, conduits and feeders as may reasonably be required by NBC for exclusive service to the NBC Units in the Studio Building. If, at the time of the installation of any such additional risers, conduits and feeders, the Board, in its reasonable judgment, deems that changes, connections or additions are required to the Condominium Buildings switchboards and appurtenances as reasonably may be required to other equipment by reason of such installation, the Board shall at the expense of NBC make such changes, connections or additions. NBC has assumed responsibility for all costs and expenses arising out of Electric Meter No. 4996157 located in Room 518 on the fifth floor of the RCA West Building, and NBC shall supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage to the Building or Board all records and information in NBC’s possession regarding such meter as 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeterBoard may reasonably request from time to time. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: NBC Lease Agreement (NBCUniversal Media, LLC)

Electric Current. (a) Landlord shall provide electric current 12. Rates and conditions in respect to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements submetering or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, thenrent inclusion, as the case may be, (x) to be added in RIDER attached hereto. Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the building or the risers or wiring installation and Tenant may not use any electrical equipment which, in Landlord's opinion, upon written request and at the sole cost and expense of Tenantreasonably exercised, will furnish and install overload such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs installations or interfere with or disturb the use thereof by other tenants or occupants of the Building building. The change at any time of the character of electric service shall in no wise make Landlord liable or responsible to Tenant, for any loss, damages or expenses which Tenant may sustain. ACCESS TO PREMISES: 13. Landlord or Landlord's agents shall have the right (ybut shall not be obligated) to enter the demised premises in any emergency at any time, and, at other reasonably times, to examine the same and to make such repairs, replacements and improvements as Landlord may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Landlord may elect to perform following Tenant's failure to make repair or perform any work which Tenant is obligated to perform under the lease, or for the purpose of complying with laws, regulations and other directions of governmental authorities. Tenant shall reimburse permit Landlord for such additional costto use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein. Landlord may, as aforesaid. In during the case progress of any additional electrical work in the demised premises, take all necessary materials and equipment being installed into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent which such work is in progress not to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Landlord shall have the right upon notice to Tenant (which may be oral) to enter the demised premises at reasonable hours for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expensepurpose of showing the same to prospective purchases or mortgagees of the building, and Tenant shall reimburse Landlord during the last six months of the term for the cost purpose of electricity consumed showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the premises, Landlord or Landlord's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property and such equipment entry shall not render Landlord or its agents liable therefor, nor in any event shall the obligations of Tenants hereunder be affected. Landlord shall have the right at any time, without the same constituting an eviction and without incurring liability to Tenant therefor to change the arrangement and/or location of public entrances, passageways, doors, doorways corridors, elevators, stairs, toilets, or other public parts of the building and to change the name, number or designation by which the building may be known. VAULT, VAULT SPACE, AREA: 14. No Vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to the contrary notwithstanding. Landlord makes no representation as shown on to the location of the property line of the building. All vaults and vault space and all such submeter. (c) Except for Landlord’s gross negligence areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or willful misconduct and except as set forth in Section 8.8 belowif the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Landlord shall not in be subject to any way liability nor shall Tenant be liable entitled to any compensation or responsible to Tenant diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for any loss, damage such vault or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed area shall be paid by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (Paradise Music & Entertainment Inc)

Electric Current. (ai) Landlord, subject to its ability to obtain the same from its principal supplier and to the needs of Landlord and co-tenants, shall cause the Premises to be supplied with electric current for lighting and power. Landlord shall provide electric current to Tenant in a reasonable quantity sufficient for Tenant’s conduct of permit its business in the Premises for the Permitted Use but not less than six wires and conduits, (6being normal office lighting and duplex receptacles) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Dateused for such purpose. Tenant shall pay Landlord for Tenant’s use of electric current in shall never exceed the Premises as shown on such submeter from time to time within thirty (30) days after demand thereforsafe capacity of existing electrical wiring on, and supplying the Premises. Any special wires and conduits for Tenant’s special equipment shall be supplied and installed by Tenant at its expense. Tenant agrees to receive such power from Landlord and to pay therefore, such amount to be collectible as Rent. The said amount shall have be billed to Tenant monthly. The cost of any required sub-meters and the right installation thereof shall be at Tenant’s expense. The obligation of Landlord hereunder shall be subject to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies any rules or regulations of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premisesauthority providing electricity or any other municipal or governmental authority. (bii) If Tenant shall require Tenant’s use of electric current for use in shall never exceed the Premises in excess safe capacity of such reasonable quantity to be furnished for such use as hereinabove provided existing electrical wiring on, and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on supplying the Building air conditioning system Premises. Any special wires and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or conduits for Tenant, all the electricity serving such ’s special equipment shall be submeteredsupplied and installed by Tenant at its expense. (iii) At the option of Landlord, at Tenant’s sole cost Tenant also agrees to purchase from Landlord (whose prices therefore shall be competitive) all lamps, bulbs and expenseballasts used in the Premises, and Tenant shall reimburse Landlord to pay for such lamps, bulbs and ballasts and the cost of electricity consumed installation thereof. Any such payment by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct Tenant shall constitute final acceptance by Tenant of the price therefore and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to final acceptance by Tenant of the price therefore and shall be final and binding and without return for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirementsreason. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (Enerkem Inc.)

Electric Current. (a) Landlord Tenant shall provide contract with the company supplying electric current for the purchase and obtaining by Tenant of electric current directly from such company to Tenant in a reasonable quantity sufficient be billed directly to, and paid for by, Tenant’s conduct of its business . Tenant, at Tenant's cost, shall install an electric meter measuring the electric current consumed in the Premises for premises no later than the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Rent Commencement Date. During the period between the Term Commencement Date -and the time that Tenant shall pay installs a separate meter, Tenant shall, as additional rent, reimburse Landlord for Tenant’s use the cost of electric current consumed in the Premises as shown on such submeter from time to time premises, within thirty (30) days after demand thereforof billing therefore, from time to time. Such cost shall be determined on the basis of the actual cost to Landlord of the electric current consumed in the premises, without xxxx-up. If, prior to the installation of a separate meter by Tenant, the meter measuring the electric current premises also serves other premises in which construction activity or occupancy is occurring, the cost for electric current measured by such meter shall be allocated based upon the relative floor areas served by such meter. Landlord shall provide a written accounting to Tenant of the electric charges billed to Tenant in respect of the period prior to meter installation. (b) As part of Tenant's Work; Tenant, at Tenant's expense, shall furnish and install in or near the premises any necessary metering equipment used in connection with measuring Tenant's consumption of electric current and Tenant, at Tenant's expense, shall maintain and keep in repair such metering equipment. Tenant shall have the right to read such submeter from time use Landlord's Contribution to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills pay for the service covered by cost of installing any such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premisesequipment. (bc) Landlord shall (i) permit its risers, conduits and feeders to the extent available, suitable and safely capable, to be used for the purpose of enabling Tenant to purchase and obtain electric current directly from such company, and (ii) at Tenant's expense, make such alterations and additions to the electrical equipment and/or appliances in the Building as such company shall specify for the purpose of enabling Tenant to purchase and obtain electric current directly from such company. (d) If Tenant shall require electric current for use in the Premises premises in excess of such reasonable quantity to be furnished for such use the electrical capacity at the Premises as hereinabove provided set forth in this Article 8.1(d), and if (i) in Landlord’s 's reasonable judgment, Landlord’s 's facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, Landlord upon written request and at the sole cost and expense of Tenant, will either (x) furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor is or can be available to Landlord, or (y) grant easements for the benefit of utility companies in connection with providing additional electric service to the Building the location and terms of which shall be subject to Landlord's approval, not to be unreasonably withheld, provided that in each instance the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or Building. Landlord represents to Tenant that the electrical capacity available at the Premises as of the Rent Commencement Date is one thousand eight hundred (y1800) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeteramps. (ce) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 belowSubject to Article 8.4, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it or is no longer available or suitable for Tenant’s 's requirements. (df) Txxxxx Tenant agrees that it will not (i) make any material alteration or material addition to the electrical equipment and/or appliances in the Premises premises that could overburden the electrical capacity available at the premises, or (ii) install any additional wiring, conduits or feeders in either (x) the common areas or (y) the exterior of the Building, without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (SMTC Corp)

Electric Current. 52.1 Tenant agrees that Tenant shall not make any electrical or mechanical installations, alterations, additions or changes to the electrical equipment or appliances in the Premises (aexcept that Tenant may connect standard office equipment and small kitchen appliances without Landlord’s consent) without the prior written consent of Landlord, in each such instance, which shall not be unreasonably withheld, conditioned or delayed, and Tenant will at all times comply with the rules and regulations applicable to the service, equipment, wiring and requirements of Landlord and of the utility company supplying electricity to the Building. Tenant covenants and agrees that at all times its use of electricity will not exceed the capacity of existing feeders to the Building or the risers or wiring installations therein and Tenant shall provide electric current not use any electrical equipment which, in Landlord’s reasonable judgment, will overload such installations or interfere with the use thereof by other tenants in the Building. In the event that, in Landlord’s reasonable judgment (considering the needs and consumption of power by other tenants or anticipated tenants in the Building), Tenant’s electrical requirements above those needed for normal office use necessitate installation of an additional riser, risers or other proper and necessary equipment or services, including additional ventilating or air conditioning, the same shall be provided or installed by Landlord at Tenant’s sole expense, provided Tenant’s proposed installations shall be reasonably accommodated in the Building and shall not be detrimental, in Landlord’s sole judgment, to the proper and economic functioning of the Building or the use and enjoyment by other tenants therein. The preceding sentence shall not give rise to any obligation of Landlord to deliver Tenant electrical service in a reasonable excess of the amount provided for in this Lease. Any such installations shall be paid for by Tenant prior to Landlord’s commencement of the work therefor, such charges shall be chargeable and collectible as Additional Rental. In all electrical installations only rigid conduits or electrical metal tubing will be allowed. Landlord represents that at least eight (8) xxxxx per rentable square foot demand load are currently available to the Premises. If either the quantity sufficient or character of the electrical service is changed by the utility company supplying electrical service to the Building or is no longer available or suitable for Tenant’s conduct requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or, subject to Section 66.4, in part, or entitle Tenant to any abatement or diminution of Fixed Rental or Additional Rental, or relieve Tenant from any of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet obligations under this Lease or impose any liability upon Landlord, or its agents, by reason of the Premises. The consumption inconvenience or annoyance to Tenant, or injury to or interruption of electricity in the Premises Tenant’s business, or otherwise, unless such change, unavailability or unsuitability is due solely to Landlord’s negligence or willful misconduct. 52.2 Electricity shall be measured by a separate submeter to be installed furnished by Landlord in the Premises to Tenant on a “submetering” basis, as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. follows: 52.2.1 If the Premises are not separately submetered as of the Commencement Datealready installed, Landlord shall, at its sole cost and expense, install a separate submeter to service meter or meters for the purpose of measuring the electric current consumed solely in the Premises.; and With respect to the Premises and/or any portion(s) thereof that constitute less than a full floor of the Building, Landlord shall: 52.2.2 Install a meter to measure the amount of Usage (bhereinafter defined) If with respect solely to the Premises and/or to such portion(s) (and Landlord hereby consents to the installation of a totalizer by Tenant if more than one (1) meter measures electricity to the Premises, and, if installed, Tenant shall require maintain such totalizer); or 52.2.3 Measure the amount of Usage with respect thereto through common meter(s). Landlord shall, from time to time, furnish Tenant with a statement indicating the appropriate period during which the Usage was measured and the amount of Tenant’s Cost payable by Tenant to Landlord for furnishing electrical current. Within fifteen (15) days after receipt of each such statement, Tenant shall pay to Landlord as Additional Rental hereunder, the amount of Tenant’s Cost as set forth thereon. For the purposes of this subsection, “Usage” shall mean the number of kilowatt hours of electric current for use consumed in the Premises, as measured by a meter or meters through which the electric current supplied to the Premises is drawn, for each calendar month or such other period as Landlord shall determine during the term of this Lease. In the event that all or a portion of the Premises is serviced by a meter that also services other space in excess of such reasonable quantity the Building, then Usage with respect to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements the Premises or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, thenportion thereof serviced by a common meter, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage deemed to be an amount equal 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.product of:

Appears in 1 contract

Samples: Office Lease (PCI Media, Inc.)

Electric Current. (a) Landlord shall provide electric current to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the PremisesUse. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord currently existing in the Premises as of the Commencement DatePremises. Tenant shall pay Landlord at such rates charged by the service provider to Landlord without mark-up for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Delivery Date, Landlord shall, at its sole Landlord’s cost and expense, install a separate submeter to service measure the consumption of electricity in the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for TenantTenant in accordance with this Section 8.1(b), all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross the negligence or willful misconduct and except as set forth in Section 8.8 belowof Landlord, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it or is no longer available or suitable for Tenant’s requirements. (d) Txxxxx Xxxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (Foundation Medicine, Inc.)

Electric Current. (a) Throughout the Term Landlord shall provide furnish Tenant during Normal Business Hours (as defined in Section 23 herein a reasonable amount of electric current to Tenant in a reasonable quantity sufficient at 110 volts ("Normal Usage Amount") for Tenant’s conduct of its business in lighting purposes within the Premises and the powering of a normal amount of office equipment and appliances. "Normal Usage Amount" is defined for purposes of this Lease to mean electric power supplied at the Permitted Use but not less than six rate of five (65) wxxxx per useable square feet foot of the Premises. The consumption of electricity in the Premises shall be measured by , In this regard Tenant agrees as follows: (1) Landlord will install a separate submeter sub-meter to be installed by Landlord in the Premises as of the Commencement Datemeasure Tenant’s exact electric usage. Tenant shall pay for the electric it consumes as measured by existing sub meter at the same rate charged to the Landlord with no mxxx up. The foregoing rates shall increase in the same percentage as any percentage increase in the billing to the Landlord for Tenant’s use electricity, by reason of increase in electric current rates, charges or service classifications, or by taxes or charges of any kind imposed thereon (in addition to the Premises fuel adjustment hereinabove described). Bills therefore shall be rendered each month as shown on such submeter from time to time within thirty (30) days after demand therefor. Landlord may elect and the amount as computed, and shall be paid by Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered each and every month as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premisesadditional rent. (b2) If Landlord reasonably determines based upon engineering studies of electrical load consumed that Tenant is materially exceeding the Normal Usage Amount, Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost pay to Landlord on account thereof, then, such amounts as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, additional rent as will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity the extra electric power so consumed by Tenant at the same rate charged to Landlord with no markup; (3) If Tenant shall desire to place and install in the Premises electric equipment or appliances other than normal and typical to general office usage, it shall pay for such installations including any additional electric lines and facilities required and shall pay for the electric power used in such equipment as shown on such submeterif same exceeds Normal Usage Amount. (c4) Except for Landlord’s gross negligence or willful misconduct Landlord has advised Tenant that presently Public Service Electric and except as set forth in Section 8.8 belowGas ("Electric Service Provider") is the utility company selected by Landlord to provide electricity to the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall not in have the right at any way time and from time to time during the Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be liable referred to as an "Alternative Service Provider") or responsible continue to contract for service from the Electric Service Provider. Tenant for shall cooperate with Landlord, the Electric Service Provider and any lossAlternate Service Provider at all times and, damage or expense which Tenant may sustain or incur if as reasonably necessary, shall allow Landlord, the quantityElectric Service Provider, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make and any material alteration or material addition Alternative Service Provider reasonable access to the electrical equipment and/or appliances Building's electric lines feeders, risers wiring and any other machinery within the Premises, provided that Landlord shall use all commercially reasonable efforts to minimize its interference with Tenant's business in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliancesPremises.

Appears in 1 contract

Samples: Lease Agreement (Fusion Telecommunications International Inc)

Electric Current. (a) Landlord shall provide electric current 12. Rates and conditions in respect to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements submetering or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, thenrent inclusion, as the case may be, (x) Landlordto be added in RIDER attached hereto. Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the building or the risers or wiring installation and Tenant may not use any electrical current which, upon written request and at the sole cost and expense of Tenantin Owner’s opinion, reasonably exercised, will furnish and install overload such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs installations or interfere with or disturb the use thereof by other tenants or occupants of the Building or (y) Tenant building. The change at any time of the character of electric service shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be no wise make Owner liable or responsible to Tenant Tenant, for any loss, damage damages or expense expenses which Tenant may sustain sustain. Access to Premises: 13. Owner or incur if Owner’s agents shall have the quantityright (but shall not be obligated) to enter the demised premises in any emergency at any time, characterand, at other reasonable times, to examine 13. the same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to any portion of the building or which Owner may elect to perform in the premises after Tenant’s failure to make repairs or perform any work which Tenant is obligated to perform under this lease, or supply for the purpose of electrical energy complying with laws, regulations and other directions of governmental authorities. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes therein provided, wherever possible, they are within walls or otherwise concealed. Owner may, during the progress of any work in the demised premises the usual notices “To Let” and “For Sale” which notice Tenant shall permit to remain thereon without molestation. If Tenant is changed not present to open and permit an entry into the demised premises, Owner or Owner’s agents may enter the same whenever such entry may be necessary or permissible by the utility service provider such that it master key and provided reasonable care is no longer suitable for exercised to safeguard Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration property. If during the last month of the term Tenant shall have removed all or material addition to substantially all of Tenant’s property therefrom. Owner may immediately enter, alter, renovate or redecorate the electrical equipment and/or appliances in the Premises demised premises without the prior written consent limitation or abatement of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditionedrent, or delayedincurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant’s obligation hereunder. Vault, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliancesVault Space, Area: 14.

Appears in 1 contract

Samples: Lease Agreement (Impart Media Group Inc)

Electric Current. (a) Landlord A. Supplementing Article 5 hereof, electricity shall provide electric current be furnished to Tenant in on a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date“submetering” basis. Tenant shall pay Landlord (or at Landlord’s option, Landlord’s agent) as additional rent within ten (10) days following demand made therefor for Tenant’s use of electric current all electricity furnished to and/or consumed in the Premises as shown demised premises on such submeter a submetering basis from time to time within thirty (30) days and after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies date possession of the electric bills demised premises is delivered to Tenant at charges, terms and rates, including, without limitation, fuel adjustments and taxes, equal to the SC-4 rate for the service covered by such submeterConsolidated Edison plus five percent (5%) for transmission line loss and other redistribution costs. If the Premises are not separately submetered as of the Commencement DateIf, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, LandlordTenant’s facilities are inadequate for such excess requirements or (ii) such excess use shall result require more than one (1) submeter in an the demised premises, Landlord shall install additional burden on submeter(s) in the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, demised premises at Tenant’s sole cost and expense. If there is more than one submeter in the demised premises, each meter may be computed and billed separately in accordance with the rates and terms set forth herein. If any tax is imposed upon Landlord’s receipt from the sale or resale of electrical energy or gas or telephone service to Tenant by any federal, state or municipal authority, Tenant covenants and agrees that where permitted by law, Tenant’s pro-rata share of such taxes shall be passed on to and included in the amount charged to, and paid by Tenant to Landlord as additional rent. If the demised premises’ submeters and/or the submeters are not functional, then for the period such meters are not functioning, the parties agree that, at Landlord’s option, Tenant’s annual actual cost for electricity shall be deemed to be a sum equal to $2.50 times the agreed rentable square foot area of the demised premises, changed in the same percentage as any increases in the cost to Landlord for electricity for the entire Building subsequent to January 1, 2009 because of electric rate, time of day charges, service classification or market price changes. Tenant, shall not, without Landlord’s prior written consent in each instance, connect any fixtures, appliances or equipment (other than a reasonable number of table and floor lamps, typewriters, personal computers, copy machines and similar small office machines used in modern day offices) to the Building’s electric distribution system nor make any alteration or addition to the electrical system of the demised premises. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord upon notice to Tenant, and all reasonable and out-of-pocket cost and expenses of Landlord in connection therewith shall be paid by Tenant as additional rent upon demand by Landlord. B. Landlord reserves the right to discontinue furnishing electric current to Tenant on a submetering basis at any time upon not less than sixty (60) days’ notice to Tenant. If Landlord elects not to furnish electric current to Tenant on a submetering basis, Tenant shall reimburse arrange to obtain electric current directly from the public utility company supplying electric current to the Building; and in that event, all risers, equipment and other facilities which may be required for Tenant to obtain electric current directly from such public utility corporation and may already be in the Building, may be used by Tenant at no additional charge to Tenant. If Landlord for exercises its right to discontinue furnishing electric current to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that, from and after the cost effective date of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 belowdiscontinuance, Landlord shall not be obligated to furnish electric current to Tenant on a submetering basis; however, if Tenant is unable to obtain direct electric service by the effective date of such discontinuance, so long as Tenant continues to make reasonable efforts to obtain direct electric service, Landlord shall continue to provide electric service until Tenant has obtained direct electric service. If Landlord has discontinued electric service and, in Landlord’s reasonable judgment, additional risers are required in order to supply electricity to the demised premises, such risers shall be installed by Landlord at Landlord’s reasonable expense, and in any way event, any such installation shall be liable or responsible maintained by Landlord, at its expense and shall be subject to such reasonable conditions as the utility company may require. Landlord’s election to not furnish electric current to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will shall not be unreasonably withheld, conditioned, deemed a lessening or delayed, and Tenant will promptly advise Landlord diminution of services within the meaning of any other alteration law, rule or addition to such electrical equipment and/or appliancesregulation now or hereafter enacted, promulgated or issued.

Appears in 1 contract

Samples: Office/Loft Lease (Etsy Inc)

Electric Current. (a) Landlord 31.1: landlord shall provide electric current furnish to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business electric service which tenant shall require in the Demised Premises for normal lighting and equipment (which electric service is hereinafter called the Permitted Use but not less than six (6) wxxxx per useable square feet "Tenant Electric Services"). All installations of electrical fixtures, appliances and equipment within the Premises. The consumption of electricity in the Demised Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available subject to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the 's prior written consent of Landlord in each instance first obtainedapproval, which consent will approval shall not be unreasonably withheld, delayed or conditioned. However, notwithstanding anything to the contrary contained herein, Tenant's Electric Service shall in no event include electric current for any future computer installation or for any future equipments needing greater than a fifteen (15) amp line excluding customary copying machines and an existing Qantel Mini-Frame/Server used by Tenant for operations within the Demised Premises. Landlord shall not be liable in any way to Tenant for failure or defect in the supply or character of electric energy furnished to the Demised Premises by reason of any requirement, act or omission of the public utility serving the Office Building with electricity or for any other reason. 31.2: Tenant shall pay to Landlord from and after the date that Tenant takes possession of the Demised Premises, but no later than the Commencement Date, as additional rent for Tenant Electric Service the sum of One and 50/100 ($1.50) Dollars per annum for each rentable square foot leased to Tenant (which sum is hereinafter called the "Tenant Electric Amount") payable in equal monthly installments in advance on the first day of the month. Such Tenant Electric Amount shall, however, be subject to adjustment from time to time during the term of this Lease, as the cost of Tenant Electric Amount is determined by survey (performed at Landlord's discretion and expense) to be in excess of Tenant Electric Amount, whether resulting from an increase in electric energy rates, the use by tenant of electric costing in excess of Tenant Electric Amount, from the installation of additional fixtures, appliance or equipment, with or without Landlord's consent, or delayeduse of electric current at times other than the Building Hours, and conversely, Tenant shall receive a reduction in Tenant Electric Amount in the event that Tenant Electric Service as determined by survey shall amount of less than Tenant Electric Amount. Should a survey determine that the Tenant's electrical costs should increase, Tenant reserves the option to have their demised premises sub-metered with the associates costs shared equally by Tenant and Landlord. Notwithstanding anything to the contrary contained herein, Landlord may, at its option, and at its expense at any time during the term of this Lease arrange to have the electric usage directly metered to the Demised Premises, in which event, Tenant will promptly advise pay the utility company (or Landlord in the event of any other alteration or addition to submetering) for such electrical equipment and/or appliancesusage.

Appears in 1 contract

Samples: Lease Agreement (Stratus Services Group Inc)

Electric Current. (a) Landlord shall will supply the Premises with the necessary lines to provide electric current service to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for normal office and data center operations, as well as separate meters so that Tenant’s consumption of electric power can be separately measured and charged to Tenant all in accordance with the Permitted Use but not less than six (6) wxxxx per useable square feet Final Base Building Plans. The power distribution to each floor of the PremisesPremises will be at a minimum of 2.5 xxxxx for lighting and 4.5 xxxxx available for convenience power. The consumption Tenant’s use of electricity electrical energy in the Premises Building shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Building, as set forth on Exhibit “I”. Commencing on the Commencement Date, Tenant shall pay all charges for electric and similar utilities or services so supplied directly to the utility company supplying same when due and before penalties or late charges on same shall accrue. Tenant, at Tenant’s expense, shall be measured by a separate submeter responsible for contacting the utility company to be installed by Landlord secure an account in the Premises Tenant’s name as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in not at any time overburden or exceed the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies capacity of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Datemains, Landlord shallfeeders, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wireducts, conduits, feedersor other facilities by which electric and similar utilities are supplied to, switchboards and appurtenances distributed in or serve the Premises. If Tenant desires to install any equipment which shall require additional electric or similar facilities of a greater capacity than as reasonably may provided by Landlord, such installation shall be required to supply such additional requirements of Tenant if current therefor be available subject to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 ’s prior written approval of the Building or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost plans and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtainedspecifications therefor, which consent will approval shall not be unreasonably withheld, conditioned, conditioned or delayed. If such installation is approved by Landlord, all costs for providing such additional electrical and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliancessimilar facilities shall be paid by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Titan Corp)

Electric Current. (a) Landlord 8.2.1 Unless and until Lessor elects otherwise, Lessor shall provide supply electric current to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises and Lessee shall reimburse Lessor for Lessee's pro-rata share of Electricity Expenses and Additional Rent pursuant to Section 5 of this Lease. Lessee acknowledges that Lessor intends that the Permitted Use but not less than six (6) wxxxx per useable square feet electrical service being supplied to the Premises be used only for ordinary general office purposes. If, at any time during the Term of this Lease, Lessee's use of electricity at the Premises exceeds that consumed for ordinary general office purposes due to the equipment used by Lessee at the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant , then Lessor shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter electric meter to service measure Lessee's use of electricity at the Premises. In the event Lessor installs a separate meter to measure Lessee's use of electricity at the Premises, Lessee shall, on demand, pay Lessor as Additional Rent, the cost of all electricity consumed at the Premises as measured by such meter. Such meter and installation equipment shall be installed and maintained in good working order and repair at Lessee's expense. If Lessor elects to install an electric meter for the Premises pursuant to this Section 8.2, then, for the time that Lessor bills Lessee directly for the electricity consumption measured by such meter, Lessee shall not be responsible for Lessee's Share of Electricity Expenses (as defined in Section 5.2.4). (b) If Tenant 8.2.2 Lessee shall require electric not permit its use of electrical current for use to exceed Lessee's proportionate share of the capacity of the feeders, risers or other electrical installations serving Lessee's Floor. As used herein, Lessee's proportionate share of such capacity shall be the number of leasable square feet in the Premises divided by the total number of leasable square feet in Lessee's Floor of the Building. Any risers or other installations required to meet Lessee's excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlordelectrical requirements, upon written request and at the sole cost and expense of TenantLessee, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlordinstalled by Lessor at Lessee's expense, provided that in Lessor's sole judgment the same shall be permitted by applicable laws are necessary and insurance regulations and shall will not (a) cause permanent damage or injury to the Building or the Premises or Premises, (b) cause or create a dangerous or hazardous condition or condition, (c) entail excessive or unreasonable alterations or alterations, repairs or expenses, or (d) interfere with or disturb other tenants or occupants of the Building or (y) Tenant Building. Lessee shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration alterations or material addition to the electrical equipment and/or appliances in the Premises additions without the prior written consent of Landlord Lessor in each instance first obtainedinstance. 8.2.3 If, which consent will at any time when Lessor is furnishing electric current to the Premises, it becomes illegal for Lessor to do so, Lessor may, upon not be unreasonably withheldless than thirty (30) days' prior written notice to Lessee (unless a shorter period is required by the governmental authority having jurisdiction), conditioned, or delayed, and Tenant will promptly advise Landlord discontinue the furnishing of any other alteration or addition to such electrical equipment and/or appliancescurrent. If Lessor gives any such notice of discontinuance, Lessee shall make all the necessary arrangements with the public utility for the supplying of such electrical current to the Premises.

Appears in 1 contract

Samples: Office Space Lease Agreement (Able Laboratories Inc)

Electric Current. (a) As stated in Exhibit 1, Landlord shall will furnish to Tenant, as an incident of this Lease, electric current for the operation of lighting fixtures, the 120-volt electrical outlets installed in the premises. In consideration of Landlord's obligation to provide electric current to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. premises, Tenant shall pay to Landlord, as additional rent, Electricity Rent, as set forth on Exhibit 1. (b) If the cost to Landlord of providing electric current to the premises increases during the term of this Lease in excess of the amount of Electricity Rent payable by Tenant as set forth on Exhibit 1, including without limitation, a cost increase due to a change in rates charged by the supplier of electric current, then upon written demand by Landlord upon Tenant, Tenant shall, to the extent permitted by law, pay to Landlord (i.e. and Electricity Rent shall be increased by) such an amount as shall reimburse Landlord for Tenant’s use of electric current any increase in the Premises cost to Landlord of the services to be furnished by Landlord to Tenant pursuant to this Article 8. 1. Landlord may make demand upon Tenant for reimbursement pursuant to this Subparagraph 8.l(b) no more frequently than monthly. Whenever a reimbursement shall be demanded by Landlord, Landlord shall furnish to Tenant a statement in writing of Landlord's computation of the appropriate amount of said reimbursement; such statement shall include sufficient detail to enable Tenant to verify Landlord's determination of the amount of the reimbursement referred to therein and, if requested by Tenant, such cost and ocher records of Landlord as shown on were used by it as the basis for such submeter from time to time computation. The amount of such reimbursement, as specified in any such statement of Landlord, shall become binding upon the parties hereto unless within thirty (30) days after demand thereforLandlord shall have furnished to Tenant such statement, Tenant pays the amount billed and with such payment notifies Landlord in writing that Tenant disputes the amount of such reimbursement as determined by Landlord as aforesaid. Upon Landlord's receipt of a timely objection notice from Tenant. Landlord and Tenant shall work together in good faith to resolve the discrepancy between Landlord's statement and Tenant's review. If Landlord exercises its rights under this Article 8.1(b): (i) Landlord shall, upon written request of Tenant and at Tenant's cost, install a check meter for the electric current consumed in the premises, (ii) Tenant shall pay the cost of electric current consumed in the premises at the rate per unit paid by Landlord to the utility supplying the same, and (iii) upon the installation of such meter. Tenant shall have no obligation to pay Electricity Rent. (c) Landlord, at any time, at its option and upon not less than thirty (30) days' prior to written notice to Tenant, but no earlier than the right date that Tenant is able to read obtain the same from the company, supplying electric current to the premises, may discontinue such submeter furnishing of electric current to the premises; and in such case Tenant shall contract with the company supplying electric current for the purchase and obtaining by Tenant of electric current directly from time to timesuch company. In additionthe event Tenant itself contracts for electricity with the supplier, from time pursuant to time at the written request of TenantLandlord's option as above stated, Landlord shall provide Tenant copies of (i) permit its risers, conduits and feeders to the electric bills extent available, suitable and safely capable, to be used for the service covered by purpose of enabling Tenant to purchase and obtain electric current directly from such submetercompany, (ii) without cost or charge to Tenant, make such alterations and additions to the electrical equipment and/or appliances in the Building as such company shall specify for the purpose of enabling Tenant to purchase and obtain electric current directly from such company, and (iii) at Landlord's expense, furnish and install in or near the premises any necessary metering equipment used in connection with measuring Tenant's consumption of electric current and Tenant, at Tenant's expense, shall maintain and keep in repair such metering equipment. If In the Premises are not separately submetered as of the Commencement Dateevent that Landlord shall exercise such option, Landlord Tenant shall, at its sole cost and expenseafter the discontinuance of electric service provided by Landlord to the premises, install a separate submeter have no further obligation to service the Premisespay Electricity Rent. (bd) If Tenant shall require electric current for use in the Premises premises in excess of five (5) xxxxx per rentable square foot (exclusive of HVAC service requirements), such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s 's reasonable judgment, judgment Landlord’s 's facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, thereof then, as the case may be, (x) Landlord, Landlord upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered. (e) Landlord, at Tenant’s sole cost 's expense and expenseupon Tenant's request, shall purchase and Tenant shall reimburse Landlord for install all replacement lamps of types generally commercially available (including, but not limited to, incandescent and fluorescent) used in the cost of electricity consumed by such equipment as shown on such submeterpremises. (cf) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it or is no longer available or suitable for Tenant’s 's requirements. (dg) Txxxxx Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (Edocs Inc)

Electric Current. (a) Landlord shall provide electric current be under no obligation to furnish electrical energy to Tenant in amounts greater than needed for lighting and normal and customary items of equipment for general office purposes (which, at a reasonable quantity sufficient for Tenant’s conduct minimum, shall be an average of its business in the Premises for the Permitted Use but not less than six (6) wxxxx xxxxx per useable square feet foot of Rental Area of the Premises. The consumption Premises during normal business hours (exclusive of electricity in for HVAC), calculated on an annual basis), and Tenant shall not install or use on the Premises any electrical equipment, appliance or machine which shall be measured require amounts of electrical energy exceeding the foregoing standard wattage, unless the installation and use of such additional electrical equipment, appliance, or machine has been approved by Landlord pursuant to terms and conditions set forth in a separate submeter to agreement, which approval may be installed conditioned upon the payment by Landlord in the Premises Tenant, as Additional Rent, of the Commencement Datecost of the additional electrical energy and modifications to the Building’s electrical system required for the operation of such electrical equipment, appliance, or machine. Landlord may, in Landlord’s sole and absolute discretion, at any time and from time to time, contract, or require Tenant to contract, for utility services (including generation, transmission, or delivery of the utility service) with a utility service provider(s) of Landlord’s choosing. Tenant shall pay fully cooperate with Landlord and any utility service provider selected by Landlord. Tenant shall permit Landlord and the utility service provider to have reasonable access to the Premises and the utility equipment serving the Premises including lines, feeders, risers, wiring, pipes, and meters. Landlord shall pay, without reimbursement, for all costs associated with any change of utility service, including the cost of any new utility equipment. Under no circumstances shall Landlord be responsible or liable for any loss, damage, or expense that Tenant may incur as a result of any change of utility service, including any change that makes the utility supplied less suitable for Tenant’s use needs, or for any failure, interference, or defect in any utility service. Except as expressly set forth herein, no such change, failure, interference, or defect shall constitute an actual or constructive eviction of electric current in the Premises as shown on such submeter Tenant, or entitle Tenant to any abatement of Rent, or relieve Tenant from time to time within thirty (30) days after demand therefor. any of Tenant’s obligations under this Lease; provided, however, Tenant shall have the right to read such submeter from time terminate this Lease upon written notice to time. In addition, from time Landlord if the change in any utility supplied to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at will prevent Tenant from carrying on its sole cost normal and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use customary business operations in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted determined by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter). (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: California Office Lease (Legalzoom Com Inc)

Electric Current. (a) Landlord shall provide electric current In addition to Tenant all rent and other charges provided for in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. this Lease, Tenant shall pay Landlord for Tenant’s use of all electric current in consumed by Tenant at the Premises premises and if air-conditioning is provided to the premises by Landlord, for a portion (as shown on specified below) of the electric current consumed by Landlord’s air-conditioning system. The cost to Tenant of all such submeter electric current shall be calculated at the rates which would be applicable if Tenant were a direct customer of the utility company which supplies electric current to the building, as such rates may from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered be increased or decreased by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premisesutility company. (b) If Tenant shall require The electric current for use in consumed by Tenant at the Premises in excess of such reasonable quantity to premises shall be furnished for such use determined as hereinabove provided and if follows: (i) in Landlord’s reasonable judgmentIf a meter for the premises shall exist or if Landlord shall at any time elect to install the same, Landlord’s facilities are inadequate for the electric current consumed by Tenant at the premises shall be measured by such excess requirements meter. Any installation by Landlord of such a meter shall be performed at the expense of Tenant; or (ii) In the absence of the existence or installation of any such excess use meter for the premises, the electric current consumed by Tenant thereat shall result in an additional burden be determined on the Building air basis of a survey, to be prepared by an electrical consultant selected by Landlord, of the electrical appliances, fixtures, equipment and machinery in the premises. If Tenant requests Landlord to supply air-conditioning to all or any portion of the premises, Tenant shall pay Landlord for, in addition to the electrical current determined in accordance with (i) and (ii) above, such portion of the electric current consumed by the air-conditioning system of Landlord which serves the premises as is attributable to air-conditioning the premises. The determination of such portion shall be made by Landlord or Landlord’s electrical consultant on the basis of the area of the premises as compared to the area of the other portions of the building, if any, served by the same air-conditioning system, and additional cost shall to the extent practicable also take into account any use of the premises in greater or lesser quantity than is required for normal office use. (c) Payment of all amounts due hereunder from Tenant to Landlord for electric current, other than such amounts which are determined by metering, shall be made monthly in advance together with the rent due under this Lease. Payment of all amounts due hereunder from Tenant for electric current which are determined by metering shall be made by Tenant within ten (10) days of the date of each xxxx submitted by Landlord to Tenant therefor Landlord shall xxxx Tenant for all such amounts determined by meters not more often than monthly. (d) Tenant agrees that Landlord’s electrical consultant shall have the right from time to time, during regular business hours of the day, to enter the premises and to examine, review and inspect the electrical appliances, equipment, fixtures, machinery and facilities therein and to prepare a survey, or a new revised survey, of Tenant’s electric current usage. If Tenant disputes Tenant’s electric current usage as determined by Landlord’s electrical consultant, Tenant, within fifteen (15) days of being informed of the same (and time shall be of the essence), shall notify Landlord of such dispute. Until the determination of such dispute pursuant to the procedure set forth below, Tenant shall pay for usage of electric current on account thereofthe basis of such usage as determined by landlord’s electrical consultant. In the event of any such dispute, thenan electrical consultant selected and paid by Tenant shall consult with Landlord’s electrical consultant as to Tenant’s electric current usage; if they shall both agree upon the same (after a further survey if necessary of Tenant’s electrical appliances, equipment, fixtures and machinery) their said agreement shall be binding upon the parties. If Landlord and Tenant’s consultants cannot so agree they shall jointly select a third duly qualified electrical consultant who shall determine the matter and whose decision shall be binding on both parties. Any charges of such third consultant shall be borne equally by both parties. When the amount of Tenant’s electric current usage is finally so determined, Tenant shall, upon request of Landlord, execute an agreement with Landlord confirming such amount as the case may bebasis upon which Landlord shall charge Tenant for electric current used by Tenant in the premises until a further such survey shall be prepared and agreed to. Tenant’s failure to execute any such agreement shall not, however, release or affect Tenant’s obligation to pay for electric current in accordance with the amount of Tenant’s electric current usage as determined hereunder. (xe) Landlord shall furnish electric current to Tenant through the electrical distribution system existing in the building and the premises as of the date of this Lease. Tenant agrees that Tenant’s use of electrical current will at no time exceed the capacity of such electric distribution system. Tenant shall not, without Landlord’s prior written consent in each instance, connect any additional fixtures, appliances, equipment or machinery (other than lamps, typewriters, and other usual small appliances having electric current requirements similar to electric typewriters) or make any alteration or addition to such electric distribution system. In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment, appliances, or machinery which will increase Tenant’s electric current usage to an amount which exceeds the capacity of the electric distribution system serving the premises, Landlord, upon the written request and of Tenant shall install, subject to the requirements of this Paragraph 23(e) being satisfied, at the sole cost and expense of Tenant, will furnish any additional riser or risers (and install such additional wire, conduits, feeders, switchboards all other equipment Landlord may deem necessary and appurtenances as reasonably may be required proper in connection therewith) needed to supply Tenant’s increased electric usage requirements, but only if such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws riser or risers (and insurance regulations and shall other such equipment) will not cause permanent damage or injury to the Building premises or the Premises building or cause or create a dangerous or hazardous condition condition, or entail excessive or unreasonable alterations alterations, repairs or repairs expenses, or interfere with or disturb other tenants or occupants the building. Landlord may, as a condition to the installation of any additional such risers and other equipment, (i) have Landlord’s electrical consultant perform a new survey of Tenant’s electrical current usage (as estimated to be increased by the Building electric fixtures, equipment, appliances or machinery Tenant desires to install) and (yii) require Tenant to agree in writing to pay for electric current subsequent to the installation of such additional risers on the basis of Tenant’s electric usage as indicated in such survey. (f) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submeteredprovide and install, at Tenant’s sole cost and expense, all lamps, tubes, bulbs, starters, ballasts, transformers and Tenant shall reimburse Landlord for like items used or required in the cost of electricity consumed by such equipment as shown on such submeterdemised premises. (cg) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, characterquality or character of electric service is changed, or supply of electrical energy is changed by the utility if such service provider such that it is no longer available or suitable for Tenant’s requirements. , or if the supply of electric current ceases or is interrupted or reduced as a result of any cause other than Landlord’s negligence or willful default. At any time during the term hereof, Landlord may upon thirty days (d30) Txxxxx agrees that it will not make any material alteration or material addition prior written notice to Tenant discontinue furnishing electric current to the premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant and Landlord shall in such case no longer be obligated to furnish electric current to the premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current to the premises Tenant may contract for and receive such electric current to the premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current to the premises Tenant may contract for and receive such electric current directly from the utility company then serving the Building, and if Tenant does so, Landlord shall permit Tenant, at Tenant’s sole cost, to use the portion of Landlord’s electrical equipment and/or appliances distribution system then serving the premises to bring electric current to the premises to the extent that such portion of such system is available, suitable and may be safely so used, consistent with concurrent and anticipated future use of the same by Landlord and other tenants in the Premises without Building; provided, however, that Tenant, at Tenant’s cost and expense, shall furnish and install at such location in the prior written consent of Building as Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayedshall designate, and maintain and keep in repair, any necessary metering equipment used in connection with measuring Tenant’s consumption of electric current so supplied directly to Tenant will promptly advise Landlord of by such utility company and any necessary additional panel boards, feeders, riser, wiring and other alteration or addition conductors and equipment which may be required to enable Tenant to obtain such electrical equipment and/or applianceselectric current.

Appears in 1 contract

Samples: Lease Agreement (SunGard Availability Inc.)

Electric Current. (a) Landlord shall provide electric current Rates and conditions in respect to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements submetering or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, thenrent inclusion, as the case may be, (x) Landlordto be added in RIDER attached hereto. Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the building or the risers or wiring installation and Tenant may not use any electrical equipment which in Owner's opinion, upon written request and at the sole cost and expense of Tenantreasonably exercised, will furnish and install overload such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs installations or interfere with or disturb the use thereof by other tenants or occupants of the Building or (y) Tenant building. The change at any time of the character of electric service shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be no wise make Owner liable or responsible to Tenant Tenant, for any loss, damage damages or expense expenses which Tenant may sustain sustain. Access to Premises: 13. Owner or incur Owner's agents shall have the right (but shall not be obligated) to enter the demised premises in any emergency at any time, and, at other reasonable times, to examine the same to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided they are concealed within the walls, floor, or ceiling. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interruption of business or otherwise. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants. if Tenant is not present to open and permit an entry into the demised premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected If during the last month of the term Tenant shall have removed all or substantially all of Tenant's property therefrom Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent , or incurring liability to Tenant for any compensation and such act shall have no effect on this lease or Tenant's obligations hereunder. Vault, Vault Space, Area: 14. No Vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the quantityamount of such space or area be diminished or required by any federal, characterstate or municipal authority or public utility, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will Owner shall not be unreasonably withheldsubject to any liability nor shall Tenant be entitled to any compensation or diminution or abatement of rent, conditionednor shall such revocation, diminution or delayedrequisition be deemed constructive or actual eviction. Any tax, and Tenant will promptly advise Landlord fee or charge of any other alteration municipal authorities for such vault or addition to such electrical equipment and/or appliancesarea shall be paid by Tenant.

Appears in 1 contract

Samples: Office Lease (Manchester Equipment Co Inc)

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Electric Current. (a) Landlord shall provide electric current at no charge (except as set forth in Article 9 hereof) to Tenant in for a reasonable quantity sufficient for Tenant’s conduct load of its business in 3.6 xxxxx per usable square foot of the Premises for the Permitted Use but not less than six (6) wxxxx plugs and 2.4 xxxxx per useable usable square feet foot of the PremisesPremises for lights. The consumption Such electricity shall be available twenty-four (24) hours per day, seven (7) days per week, three hundred sixty-five (365) days per year, subject to the remainder of electricity in this Article 8. Landlord represents to Tenant that Tenant’s current intensity and manner of use of the Premises shall be measured by a separate submeter to be installed by Landlord does not constitute electrical usage in the Premises as excess of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premisesamounts. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord, at Landlord’s gross negligence or willful misconduct expense and except upon Tenant’s request, shall purchase and install all building standard replacement lamps of types generally commercially available used in the Premises. (d) Except as set forth in Section 8.8 below8.8, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it or is no longer available or suitable for Tenant’s requirements. (de) Txxxxx Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease (Learning Tree International Inc)

Electric Current. (a) Landlord shall provide electric current to Tenant in a reasonable quantity sufficient It is understood that for Tenant’s conduct of its business the electrical service (e.g., lights, plugs, equipment, convenience outlets, and Premises-specific heating, air-conditioning, ventilation fixtures and equipment initially installed in the Premises and all other systems exclusively serving the Premises) shall be either direct metered, separately metered, or sub or check metered. (b) If such electrical service is separately metered, Landlord will require Tenant to contract with the company supplying electric current for the Permitted Use but not Premises and Tenant to obtain electric current directly from such company, to be billed directly to Tenant and Tenant shall pay directly to such company, as Additional Rent hereunder, all electrical service charges before delinquency. (c) If such electrical service is sub or check metered, Landlord shall calculate (or cause to be calculated) the electrical service charge based on Tenant’s actual usage of electricity and Tenant shall pay same to Landlord or the utility provided, as the case may be, as Additional Rent, within thirty (30) days of billing therefor. Tenant will either reimburse Landlord for the actual cost (with no mxxx-up other than, at Landlord’s election the actual, reasonable cost of third party meter reading and billing services) of such electric current as measured by a separate submeter or check meter, as hereinafter set forth, or Landlord will require Tenant to contract with the company supplying electric current for the purchase and obtaining by Tenant of electric current directly from such company to be billed directly to, and Tenant shall pay directly to such company, as Additional Rent hereunder, all electrical service charges before delinquency. If such electrical service is sub or check metered, Landlord may elect to collect the electrical service charge due hereunder in monthly estimated payments, due at the same time and in the same manner that it pays its monthly payments of Yearly Rent hereunder, estimated payments (i.e., based upon Landlord’s reasonable estimate) on account of Tenant’s obligation to reimburse Landlord for electricity consumed in the Premises, in which case: (i) From and after Tenant’s entry into the Premises in connection with the performance of Tenant’s Work, unless the electrical service is separately metered in which case Tenant shall have such service commence as of the date of Tenant’s entry, Landlord shall determine the actual cost of electricity consumed by Tenant in the Premises (i.e., by reading Tenant’s sub-meter and by applying the applicable electric rate). If the total of Tenant’s estimated monthly payments on account of such period is less than six the actual cost of electricity consumed in the Premises during such period, Tenant shall pay the difference to Landlord when billed therefor. If the total of Tenant’s estimated monthly payments on account of such period is greater than the actual cost of electricity consumed in the Premises during such period, Landlord shall credit the difference against Tenant’s next installment of Yearly Rent, additional rent or other charges due hereunder or refund the difference if the Term has expired and Tenant has no further obligations to Landlord. (6ii) wxxxx per useable square feet After each adjustment, the amount of the Premises. The consumption estimated monthly payments on account of Tenant’s obligation to reimburse Landlord for electricity in the Premises shall be measured by a separate submeter to be installed by adjusted based upon the actual cost of electricity consumed during the immediately preceding period. (d) If Landlord in the Premises as of the Commencement Date. is furnishing Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within hereunder, Landlord, at any time, at its option and upon not less than thirty (30) days after demand therefor. days’ prior written notice to Tenant, may discontinue such furnishing of electric current to the Premises; and in such case Tenant shall have contract with the right to read company supplying electric current for the purchase and obtaining by Tenant of electric current directly from such submeter from time to time. In additioncompany; provided, from time to time at the written request of Tenanthowever, Landlord shall provide use commercially reasonable and diligent efforts to ensure there is no interruption in the service provided to the Premises. In the event Tenant copies of itself contracts for electricity with the electric bills supplier, pursuant to Landlord’s option as above stated, Landlord shall (i) permit its risers, conduits and feeders to the extent available, suitable and safely capable, to be used for the service covered by purpose of enabling Tenant to purchase and obtain electric current directly from such submeter. If company, (ii) permit Tenant or such company without cost or charge to Landlord, make such alterations and additions to the electrical equipment and/or appliances in the Building as such company shall specify for the purpose of enabling Tenant to purchase and obtain electric current directly from such company (subject to Article 12 below), and (iii) at Tenant’s or such company’s expense, furnish and install in or near the Premises are not separately submetered as any necessary metering equipment used in connection with measuring Tenant’s consumption of the Commencement Date, Landlord shallelectric current and Tenant, at its sole cost and Tenant’s expense, install a separate submeter to service the Premisesshall maintain and keep in repair such metering equipment. (be) If Whether or not Landlord is furnishing electric current to Tenant, if Tenant shall require electric current for use in the Premises in excess of such reasonable quantity that to be provided pursuant to the Landlord/Tenant Matrix to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system or other systems and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. As part of Landlord’s Work, Landlord shall provide electric service for the Premises as provided in the Landlord/Tenant Matrix (with the metering, connections, and distribution within the Premises as part of Tenant’s Work). (In addition, the case of any additional electrical equipment being installed by or costs and expenses for Tenant, all the electricity serving such equipment base Building systems shall be submeteredincluded in Operating Costs as provided below.) Tenant acknowledges that it has been provided with an opportunity to confirm that the electric current serving the Premises will be adequate to supply its proposed Permitted Use(s) of the Premises. (f) Landlord, at Tenant’s sole cost expense and expenseupon Tenant’s request, shall purchase and Tenant install all replacement lamps of types generally commercially available (including, but not limited to, incandescent and fluorescent, but excluding specialty lamps and fixtures) used in the ancillary/accessory office portion(s) of the Premises (excluding laboratory portions thereof). Landlord shall reimburse Landlord for have the cost right to elect, upon at least thirty (30) days’ prior written notice, to cease the purchase and installation of electricity consumed by such equipment as shown on such submeterlamps hereunder. (cg) Except for Landlord’s gross negligence or willful misconduct and except as To the maximum extent this agreement may be made effective according to law (including the limitations set forth in Section 8.8 belowM.G.L. c. 186, §15), but subject to Tenant’s insurance requirements hereunder and Articles 15 and 19, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it a third party or is no longer available or suitable for Tenant’s requirements. (dh) Txxxxx Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises which materially impacts the quantity of electric current required to the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, delayed or conditioned, or delayed. Tenant shall use contractor(s) approved by Landlord in connection therewith, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease (Gritstone Bio, Inc.)

Electric Current. (a) Landlord A. Supplementing Article 5 hereof, electricity shall provide electric current be furnished to Tenant in on a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date“submetering” basis. Tenant shall pay Landlord (or at Landlord’s option, Landlord’s agent) as additional rent within ten (10) days following demand made therefor for all electricity furnished to and/or consumed in the demised premises on a submetering basis from and after the date possession of the demised premises is delivered to Tenant at charges, terms and rates, including, without limitation, fuel adjustments and taxes, equal to the SC-4 rate for Consolidated Edison plus eleven percent (11%) for transmission line loss and other redistribution costs. If, in Landlord’s judgment, Tenant’s use of electric current shall require more than one (1) submeter in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenantdemised premises, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (badditional submeter(s) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, demised premises at Tenant’s sole cost and expense. If there is more than one submeter in the demised premises, each meter may be computed and billed separately in accordance with the rates and terms set forth herein. If any tax is imposed upon Landlord’s receipt from the sale or resale of electrical energy or gas or telephone service to Tenant by any federal, state or municipal authority, Tenant covenants and agrees that where permitted by law, Tenant’s pro-rata share of such taxes shall be passed on to and included in the amount charged to, and paid by Tenant to Landlord as additional rent. If there are problems with the demised premises’ submeters and/or the submeters cannot be used, Landlord shall promptly and diligently perform such work as is necessary so that such submeters can be used, and the parties agree that, at Landlord’s option, if it cannot reasonably be determined what Tenant’s usage was while such submeters were not in use, Tenant’s annual actual cost for electricity shall be deemed to be a sum equal to $3.00 times the agreed rentable square foot area of the demised premises, changed in the same percentage as any increases in the cost to Landlord for electricity for the entire Building subsequent to January 1, 2004 because of electric rate, time of day charges, service classification or market price changes. Tenant, shall not, without Landlord’s prior written consent in each instance, connect any fixtures, appliances or equipment (other than a reasonable number of table and floor lamps, typewriters, personal computers and similar small office machines using comparable electric current) to the Building’s electric distribution system nor make any alteration or addition to the electrical system of the demised premises. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord upon notice to Tenant, and all reasonable and out-of-pocket cost and expenses of Landlord in connection therewith shall be paid by Tenant as additional rent upon demand by Landlord. B. Landlord reserves the right to discontinue furnishing electric current to Tenant on a submetering basis at any time upon not less than sixty (60) days’ notice to Tenant. If Landlord elects not to furnish electric current to Tenant on a submetering basis, Tenant shall reimburse arrange to obtain electric current directly from the public utility company supplying electric current to the Building; and in that event, all risers, equipment and other facilities which may be required for Tenant to obtain electric current directly from such public utility corporation and may already be in the Building, may be used by Tenant at no additional charge to Tenant. If Landlord for exercises its right to discontinue furnishing electric current to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that, from and after the cost effective date of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 belowdiscontinuance, Landlord shall not be obligated to furnish electric current to Tenant on a submetering basis; however, if Tenant is unable to obtain direct electric service by the effective date of such discontinuance, so long as Tenant continues to make reasonable efforts to obtain direct electric service, Landlord shall continue to provide electric service until Tenant has obtained direct electric service. If, in Landlord’s reasonable judgment, additional risers are required, such risers shall be installed by Landlord at Tenant’s reasonable expense, payable in advance to Landlord upon demand, provided same will not cause damage or injury to the Building or any part thereof or create a hazardous condition or entail excessive alterations, repairs or expense or unreasonably interfere with or disturb any other tenants or occupants of the Building, and in any way event, any such installation shall be liable or responsible maintained by Tenant, at its expense and shall be subject to such reasonable conditions as Landlord and/or the utility company may require. Landlord’s election to not furnish electric current to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will shall not be unreasonably withheld, conditioned, deemed a lessening or delayed, and Tenant will promptly advise Landlord diminution of services within the meaning of any other alteration law, rule or addition to such electrical equipment and/or appliancesregulation now or hereafter enacted, promulgated or issued.

Appears in 1 contract

Samples: Lease Agreement (Future Now Group Inc.)

Electric Current. (a) Landlord shall provide electric current Rates and conditions in respect to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements submetering or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, thenrent inclusion, as the case may be, (x) Landlordto be added in RIDER attached hereto. Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the building or the risers or wiring installation and Tenant may not use any electrical equipment which, upon written request and at the sole cost and expense of Tenantin Owner's opinion, reasonably exercised, will furnish and install overload such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage to the Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs installations or interfere with or disturb the use thereof by other tenants or occupants of the Building or (y) Tenant building. The change at any time of the character of electric service by the public utility shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be no wise make Owner liable or responsible to Tenant Tenant, for any loss, damage damages or expense expenses, which Tenant may sustain sustain. ACCESS TO PREMISES: 13. Owner or incur Owner's agents shall have the right (but shall not be obligated) to enter the demised premises in any emergency at any time, and, at other reasonable times, to examine the same and to make such repairs, replacements and improvements as Owner may deem necessary and reasonably desirable to the demised premises or to any other portion of the building or which Owner may elect to perform. Tenant shall permit Owner to use and maintain and replace pipes and conduits in and through the demised premises and to erect new pipes and conduits therein provided they are concealed within the walls, floor, or ceiling. Owner may, during the progress of any work in the demised premises, take all necessary materials and equipment into said premises without the same constituting an eviction nor shall the Tenant be entitled to any abatement of rent while such work is in progress nor to any damages by reason of loss or interrupting of business or otherwise. Throughout the term hereof Owner shall have the right to enter the demised premises at reasonable hours for the purpose of showing the same to prospective purchasers or mortgagees of the building, and during the last six months of the term for the purpose of showing the same to prospective tenants. If Tenant is not present to open and permit an entry into the premises, Owner or Owner's agents may enter the same whenever such entry may be necessary or permissible by master key or forcibly and provided reasonable care is exercised to safeguard Tenant's property, such entry shall not render Owner or its agents liable therefor, nor in any event shall the obligations of Tenant hereunder be affected. If during the last month of the term Tenant shall have removed all or substantially all of Tenant's property therefrom, Owner may immediately enter, alter, renovate or redecorate the demised premises without limitation or abatement of rent, or incurring liability to Tenant for any compensation and such as shall have no effect on this lease or Tenant's obligations hereunder. VAULT, VAULT SPACE, AREA: 14. No Vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building is leased here-Area: under, anything contained in or indicated on any sketch, blueprint or plan, or anything contained elsewhere in this lease to the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the quantityamount of such space or area be diminished or required by any federal, characterstate or municipal authority or public utility, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will Owner shall not be unreasonably withheldsubject to any liability nor shall Tenant be entitled to any compensation of diminution or abatement of rent, conditionednor shall such revocation, diminution or delayedrequisition be deemed constructive or actual eviction. Any tax, and Tenant will promptly advise Landlord fee or charge of any other alteration municipal authorities for such vault or addition to such electrical equipment and/or appliancesarea shall be paid by Tenant.

Appears in 1 contract

Samples: Office Lease (Arista Investors Corp)

Electric Current. With respect to electrical service, it is agreed as ---------------- follows: (a1) Landlord shall provide The Premises will contain separate electric current meters for measuring electricity furnished to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption Tenant shall contract with the company supplying electrical current for the purchase and obtaining of electricity electrical current directly from such company, which shall be billed directly to and paid for by Tenant. This shall include all current used in the Premises shall be measured by a separate submeter Premises, including but not limited to be installed by Landlord in all electricity used for heating, air conditioning and ventilation, lighting, equipment and machines. Notwithstanding the foregoing, and so long as electricity is consumed at the Premises as solely for lights, convenience receptacles and air conditioning in connection with ordinary office use, if the charges for electrical service to the Premises exceed $15,510 during the first lease year, Landlord agrees to reimburse Tenant for the amount of the Commencement Datesuch excess. Tenant shall pay provide Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant with copies of paid bills evidencing such electrical charges and such excess amount shall be credited to the electric bills next installment of rent due hereunder. The foregoing shall apply only to electrical charges for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premisesfirst lease year. (b2) If Tenant tenant shall require electric electrical current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove the capacities provided after the completion of the Leasehold Improvements, and if (i) in Landlord’s 's reasonable judgment, Landlord’s 's facilities are inadequate for such excess requirements or (ii) such excess use shall requirements will result in an additional burden on the Building air conditioning system systems and additional cost costs to Landlord on account thereof, then, as the case may be, (x) Landlord, then Landlord shall upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wirewires, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if Tenant, provided current therefor be is available to Landlord, and provided further that the same shall be permitted by applicable laws and insurance regulations and shall not cause permanent damage to the Building or the Premises or Premises, cause or create a dangerous or hazardous condition or condition, entail excessive or unreasonable alterations or repairs repairs, or interfere with or disturb other tenants or occupants of the Building or (y) Building. Tenant shall reimburse Landlord on demand for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed all costs incurred by or for Tenant, all the electricity serving such equipment Landlord on account thereof. (3) Tenant shall be submeteredresponsible, at Tenant’s sole cost and 's expense, for keeping all light fixtures properly lamped at all times and Tenant shall reimburse Landlord for purchasing and installing all lamps and replacement lamps (including without limitation both incandescent and fluorescent) used in the cost of electricity consumed by such equipment as shown on such submeterPremises. (c4) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, character or supply of electrical energy is changed by the utility service provider such that it or is no longer available or suitable for Tenant’s 's requirements, except as expressly provided otherwise herein. (d5) Txxxxx Tenant agrees that it will shall not make any material alteration or material addition to the electrical equipment and/or or appliances in the Premises without obtaining the prior written consent of Landlord in each instance first obtainedinstance, which consent will not be unreasonably withheld, conditioned, conditioned or delayed, and Tenant will shall promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Sublease Agreement (Mothernature Com Inc)

Electric Current. (a) Tenant acknowledges and agrees that no utilities or other services have been included in the Rent and that Landlord shall provide have no obligation to furnish or supply electricity, heat, air conditioning, water or any other utility or service to or for the Demised Premises other than as specifically set forth in this Article 52 and this Lease. For Premises #1, subsequent to the date PSE&G upgrades the electrical capacity of the Building, Tenant shall have the option to obtain its electricity as provided for in Section 52.1 or Tenant may, at its sole option, purchase electric current to Tenant in a reasonable quantity sufficient at its own cost and expense from the public utility serving the building for Tenant’s conduct all of its business in electrical requirements, using existing building system feeders, risers and wiring to the Premises extent that the same are available, suitable and safe for such purposes. Tenant shall pay the Permitted Use but not less than six (6) wxxxx per useable square feet bills of said utility pursuant to the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter meter to be installed by Tenant, and Tenant's failure to pay the same when due shall be deemed a default under this lease. At any time during the term Landlord may at its option (provided appropriate measuring devices and associated equipment are installed by it at its sole cost and expense) supply Tenant's electric service by meter, and Tenant covenants and agrees in the Premises as of the Commencement Datesuch instance to purchase its electric service requirements at rates set by Landlord, provided that such rates shall not exceed those at which Tenant could purchase such service directly. Tenant shall pay Landlord for Tenant’s 's use of electric current in the Demised Premises as shown on such submeter from shall not at any time to time within thirty (30) days after demand therefor. Tenant shall have exceed the right to read such submeter from time to time. In addition, from time to time at the written request capacity of Tenant, Landlord shall provide Tenant copies any of the electric bills for existing electrical conductors and equipment or other electrical facilities in or serving the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Demised Premises without the prior written consent of Landlord in each instance first obtainedinstance, which consent will shall not be unreasonably withheld, conditioned, conditioned or delayed. Should Landlord grant any such consent, all additional risers or other equipment required therefor shall be installed by Landlord and the cost thereof shall be paid by Tenant promptly upon demand. 52.1 Until such time as Tenant has installed all meters and equipment necessary to purchase electric current at its own cost and expense from the public utility for Premises #1 as provided for in the preceding paragraph, Landlord shall supply Tenant and Tenant shall pay Landlord, as Additional Rent, electricity for all of Tenant's electrical needs for both Premises #1 and Premises #2 including, but not limited to, the air conditioning units (if any) serving the Demised Premises during the normal business hours referred to below, (i.e., there shall be no separate charge to Tenant for such electricity by way of measuring the same on any meter or otherwise during the normal business hours referred to below). The cost of furnishing electricity to Tenant shall be as estimated in this Paragraph, subject, however, to all of the other provisions of this Article. Initially, an estimate of $789.67 [$2.00 psf per annum x 4,738 square feet / 12] shall be charged to Tenant as the monthly charge for Landlord's service of furnishing electricity to Premises #1 (such amount, as the same may be increased pursuant to any of the provisions of this Article, being hereinafter referred to as the "electric factor") for use during normal business hours of 8:00 a.m. to 6.00 p.m., Mondays through Fridays, and 8:00 a.m. to 1:00 p.m. on Saturdays. An estimate of $2,510.13 [$1.50 psf per annum x 20,081 square feet / 12] shall be charged to Tenant will promptly advise as the monthly charge for Landlord's service of furnishing electricity to Premises #2 (such amount, as the same may be increased pursuant to any of the provisions of this Article, being hereinafter referred to as the "electric factor") for use during normal business hours of 8:00 am. to 6:00 p.m., Mondays through Fridays, and 9:00 am. to 1:00 p.m. on Saturdays. The foregoing charges are referred to as the "Electric Charge". At any time after Tenant takes possession of Premises #1 or Premises #2, Landlord may cause a survey to be prepared by a reputable, independent electrical consultant to be selected by Landlord, the cost of which survey shall be borne equally by Tenant and Landlord. The purpose of said survey shall be to determine the appropriate charge to Tenant for electricity to be charged as Additional Rent taking into account the full electric service including the estimated demand based upon the connected load necessary or useful for Tenant's operation of all equipment, lighting and other installations, including, without limitation, air conditioning, heating and ventilation and any additional hours in excess of normal business hours during which the Demised Premises are in use (e.g., after hours air conditioning). When the charge for the electricity has been so determined as a result of such survey, the Additional Rent charge shall be increased (but in no event decreased) by the difference between the charge per annum determined by the survey and the estimated electric factor, effective as of first day of the first month subsequent to the date of the survey. The electric factor shall, from time to time, be determined based on a rate equal to Landlord's cost [including Landlord s administrative costs relating to same, inclusive of any other alteration taxes included in or addition applicable to such electrical equipment and/or appliancesrates, for supplying all electricity consumed at the Demised Premises, as determined by readings, from time to time throughout the Term, of Tenant's check meter(s) [hereafter "Checkmeter"]. Landlord shall install the Checkmeter for the Demised Premises, the cost of same to be borne equally by Landlord and Tenant. Tenant shall, at its own cost and expense, be responsible for the maintenance, repair and replacement (if necessary) of said meter.

Appears in 1 contract

Samples: Office Building Lease Agreement (Broadview Networks Holdings Inc)

Electric Current. (a) Landlord 52.1 Tenant agrees that Tenant shall provide electric current not make any electrical or mechanical installations, alterations, additions or changes to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business the electrical equipment or appliances in the Premises for (except that Tenant may connect standard office equipment without Landlord’s consent) without the Permitted Use but not less than six (6) wxxxx per useable square feet prior written consent of Landlord, in each such instance and Tenant will at all times comply with the rules and regulations applicable to the service, equipment, wiring and requirements of Landlord and of the Premisesutility company supplying electricity to the Building. The consumption Tenant covenants and agrees that at all times its use of electricity in will not exceed the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as capacity of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage existing feeders to the Building or the Premises risers or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs wiring installations therein and Tenant shall not use any electrical equipment which, in Landlord’s sole judgment, will overload such installations or interfere with or disturb the use thereof by other tenants in the Building. In the event that, in Landlord’s judgment (considering the needs and consumption of power by other tenants or occupants anticipated tenants in the Building), Tenant’s electrical requirements above those needed for normal office use necessitate installation of an additional riser, risers or other proper and necessary equipment or services, including additional ventilating or air conditioning, the same shall be provided or installed by Landlord at Tenant’s sole expense, provided Tenant’s proposed installations shall be reasonably accommodated in the Building and shall not be detrimental, in Landlord’s engineer’s sole judgment, to the proper and economic functioning of the Building or (y) the use and enjoyment by other tenants therein. The preceding sentence shall not give rise to any obligation of Landlord to deliver Tenant electrical service in excess of the amount provided for in this Lease. Any such installations shall reimburse Landlord be paid for by Tenant prior to Landlord’s commencement of the work therefor, such additional cost, charges shall be chargeable and collectible as aforesaidAdditional Rental. In all electrical installations only rigid conduits or electrical metal tubing will be allowed. 24. If either the case quantity or character of any additional the electrical equipment being installed service is changed by the utility company supplying electrical service to the Building or is no longer available or suitable for Tenant’s requirements, all the electricity serving no such equipment change, unavailability or unsuitability shall be submeteredconstitute an actual or constructive eviction, at in whole or in part, or entitle Tenant to any abatement or diminution of Fixed Rental or Additional Rental, or relieve Tenant from any of its obligations under this Lease or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s sole cost and expensebusiness, and Tenant shall reimburse Landlord for the cost of electricity consumed by or otherwise, unless such equipment as shown on such submeter. (c) Except for change, unavailability or unsuitability is due to Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur such case only if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition and to the electrical equipment and/or appliances in extent all of the Premises without the prior written consent other requirements of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliancesSection 66.6 are satisfied.

Appears in 1 contract

Samples: Office Lease (Olo Inc.)

Electric Current. A0 Method of Furnishing Electric Current to the Demised Premises Tenant shall make all arrangements with the public utility servicing the building (athe "Utility") Landlord shall provide electric current to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in obtaining electricity directly from the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption of electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement DateUtility. Tenant shall pay be responsible to the Utility for the payment of all charges for electricity consumed by Tenant in the demised premises, including, without limitation, for the use of Tenant's air conditioning facility, if any. All meters, panel boards, wiring and other equipment which may be required to obtain electricity from the Utility shall be installed and maintained by Tenant at its expense, but Tenant shall be permitted to use the existing electrical equipment servicing the demised premises. All electric current used in the operation of the heating, ventilation and air-conditioning throughout the demised premises (including fans and motors) shall be the obligation of Tenant. During such time as Tenant shall occupy the entire rentable area of the building (other than the garage space), Landlord shall permit Tenant to use the building's electrical system to obtain electrical services from a public utility company other than the company now servicing the building. Interruption or curtailment of such service shall not constitute a constructive or partial eviction nor entitle Tenant to any compensation or abatement of rent, except for Tenant’s actual damage suffered by Tenant caused by Landlord's negligence or willful misconduct. Tenant covenants and agrees that at all times its use of electric current in shall never exceed the Premises as shown on such submeter from time capacity of the existing feeders to time within thirty (30) days after demand thereforthe building or of the risers or wiring installation. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is make no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition additions to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtainedLandlord, which consent will Landlord agrees not be to unreasonably withheldwithhold or delay. Provided Tenant is not then in default under any of the material or monetary terms of this lease, conditioned, or delayed, and Tenant will promptly advise Landlord following the expiration of any other alteration notice or addition cure periods provided hereunder, Landlord shall respond to such request for consent to alterations or additions to the electrical equipment and/or appliances("Tenant's Electrical Request") by Tenant named herein within ten (10) business days following receipt of such Tenant's Electrical Request accompanied by all information, plans and specifications reasonably required by Landlord in connection therewith. In the event that Landlord shall fail to respond to any such Tenant's Electrical Request within such ten (10) business day period following delivery thereof and such Tenant's Electrical Request shall cite this provision of this lease and state the time period for Landlord's response and the specific result herein stated for Landlord's failure to timely respond, Landlord's consent to such Tenant's Electrical Request shall be deemed granted.

Appears in 1 contract

Samples: Office Lease (Cole Kenneth Productions Inc)

Electric Current. (a) Landlord Electricity shall provide electric current be provided to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for on a so-called "rent inclusion" basis. Tenant agrees that the Permitted Use but not less than six (6) wxxxx per useable square feet portion of the Premises. The consumption of electricity Minimum Rent set forth in Article 3 above presently attributed to the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use furnishing of electric current is the annual sum of $30,063.00 and is subject to increase as hereinafter provided. Landlord will furnish electricity to Tenant through presently installed electrical facilities for Tenant's reasonable use of such lighting, electrical appliances, air conditioning systems and equipment as presently exist or as Tenant may be permitted to install in the Premises as shown on such submeter from time Premises, subject to time within thirty (30) days after demand thereforLandlord's consent. Tenant shall have the right to read such submeter from time to time. In additionagrees that an electrical engineer or utility consultant, selected by Landlord, may, from time to time at during the written request of TenantTerm, Landlord shall provide Tenant copies make a survey of the electric bills lighting and power load by metering or otherwise to determine Tenant's average monthly electrical energy consumption in the Premises ("Tenant's Electric Consumption") based upon (i) the connected load rating of each item consuming electric energy, (ii) Tenant's usage which shall be determined by multiplying the connected load rating of each item by the hours of usage as determined by the consultant, and (iii) the electric rate charged for such load in the service classification in effect on the Commencement Date pursuant to which Landlord then purchased electric current for the service covered entire Property from the public utility corporation (or any successor thereto), inclusive of all surcharges or taxes thereon including any sales tax as a result of the resale of such energy to Tenant. The findings of such engineer or consultant as to the proper Minimum Rent increase based on Tenant's Electric Consumption shall be conclusive and binding upon the parties and the amount thereof shall be added to the Minimum Rent payable monthly on the first day of each and every month in advance for each month from the date the change in electrical energy consumption occurred (as determined by such submeterLandlord's electrical engineer or utility consultant). If the Premises are not separately submetered as electric rates on which the initial determination of said consultant were based shall be increased, then the Minimum Rent attributable to electricity shall be increased in the same percentage, retroactive if necessary to the date of such increase in such electric rates. In no event shall the Minimum Rent or any portion of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter Minimum Rent attributable to service the Premises. (b) If Tenant shall require furnishing of electric current for use in the Premises in excess ever be reduced by operation of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeterthis Article 16. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (PLD Telekom Inc)

Electric Current. (a) As stated in Exhibit 1, Tenant will reimburse Landlord for the cost of all electric current utilized in the Premises (including all associated with the Generator) as measured by separate submeter(s) or checkmeter(s), as hereinafter set forth or Landlord shall provide require Tenant to contract with the company supplying electric current for the purchase and obtaining by Tenant of electric current directly from such company to be billed directly to, and paid for by, Tenant. (b) Tenant shall reimburse Landlord for the entire cost of such electric current as follows: (1) Commencing as of the Term Commencement Date and continuing until the procedures set forth in Paragraph 2 of this Article 8.1(b) are effected, Tenant shall pay to Landlord at the same time and in the same manner that it pays its monthly payments of Yearly Rent hereunder, estimated payments (i.e., based upon Landlord’s reasonable estimate) on account of Tenant’s obligation to reimburse Landlord for electricity consumed in the Premises. (2) Periodically after the Term Commencement Date, Landlord shall determine the actual cost of electricity consumed by Tenant in the Premises (i.e. by reading Tenant’s submeter(s) and by applying an electric rate which shall not exceed the retail rate which would have been payable by Tenant had Tenant obtained electric services directly from the utility company providing electric current to Tenant in a reasonable quantity sufficient for Landlord.) If the total of Tenant’s conduct estimated monthly payments on account of its business such period is less than the actual cost of electricity consumed in the Premises for during such period, Tenant shall pay the Permitted Use but not less difference to Landlord within thirty (30) days of when billed therefor. If the total of Tenant’s estimated monthly payments on account of such period is greater than six (6) wxxxx per useable square feet the actual cost of electricity consumed in the Premises during such period, Tenant may credit the difference against its next installment of rental or other charges due hereunder, provided that any excess credit shall be repaid to Tenant within a reasonable time following the expiration of the Premises. The consumption Lease term provided Tenant is not in default under this Lease. (3) After each adjustment, as set forth in Paragraph 2 above, the amount of estimated monthly payments on account of Tenant’s obligation to reimburse Landlord for electricity in the Premises shall be measured by a separate submeter to be installed by Landlord in adjusted based upon the Premises as actual cost of electricity consumed during the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within immediately preceding period. (c) Landlord, at any time, at its option and upon not less than thirty (30) days after demand therefor. days’ prior written notice to Tenant, may discontinue such furnishing of electric current to the Premises; and in such case Tenant shall have contract with the right to read company supplying electric current for the purchase and obtaining by Tenant of electric current directly from such submeter from time to timecompany. In additionthe event Tenant itself contracts for electricity with the supplier, from time pursuant to time at the written request of TenantLandlord’s option as above stated, Landlord shall provide Tenant copies of (i) permit its risers, conduits and feeders to the electric bills extent available, suitable and safely capable, to be used for the service covered by purpose of enabling Tenant to purchase and obtain electric current directly from such submeter. If company, (ii) without cost or charge to Tenant, make such alterations and additions to the electrical equipment and/or appliances in the Building as such company shall specify for the purpose of enabling Tenant to purchase and obtain electric current directly from such company, and (iii) at Landlord’s expense, furnish and install in or near the Premises are not separately submetered as any necessary metering equipment used in connection with measuring Tenant’s consumption of the Commencement Date, Landlord shallelectric current and Tenant, at its sole cost and Tenant’s expense, install a separate submeter to service the Premisesshall maintain and keep in repair such metering equipment. (bd) If Whether or not Landlord is furnishing electric current to Tenant, if Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In Tenant acknowledges that it has been provided with an opportunity to confirm that the case electric current serving the Premises will be adequate to supply its proposed permitted uses of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submeteredPremises. (e) Landlord, at Tenant’s sole cost expense and expenseupon Tenant’s request, shall purchase and Tenant shall reimburse Landlord for install all replacement lamps of types generally commercially available (including, but not limited to, incandescent and fluorescent) used in the cost of electricity consumed by such equipment as shown on such submeterPremises. (cf) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it or is no longer available or suitable for Tenant’s requirements, subject to Section 8.8 below. (dg) Txxxxx Tenant agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayedand using contractor(s) approved by Landlord, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (Enumeral Biomedical Holdings, Inc.)

Electric Current. (a) Electric current is initially to be supplied by the Landlord shall provide electric current and measured by one or more submeters solely serving the premises. The Tenant covenants and agrees to Tenant in a reasonable quantity sufficient for purchase the Tenant’s conduct 's requirements therefor at the premises from the Landlord or the Landlord's designated agent at 110% of its business the rates set forth in the Premises rate schedule of Consolidated Edison Company of New York, Inc. then applicable to the building, plus any sales or use tax or other governmental charge or levy; provided, however, that if such rate schedule includes any adjustment for time-of-day for either demand or consumption, the rate applicable to the Tenant's demand for and consumption of electricity, shall be that specified for the Permitted Use but not less than six (6) wxxxx per useable square feet peak period. The calculation of the Premises. The consumption rate shall include the effect of electricity in all direct and indirect charges which affect the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as cost of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after electricity, including without limitation, consumption charges, demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole charges and fuel cost and expense, install a separate submeter to service the Premisesescalation charges. (b) If Should the Landlord at any time, be prevented from furnishing the foregoing service due to a change of rate or a regulation of the Public Service Commission or due to any rate or regulation of the public utility corporation serving the building, or if the Landlord for any other reason determines to discontinue the service, the Landlord may do so, and will give the Tenant not less than ninety (90) days' notice of the date on which the service will be discontinued. Beginning with the date on which such service by the Landlord is discontinued, the Tenant shall require purchase its requirements for electric current for use in from the Premises in excess of such reasonable quantity public utility serving the area directly. The Landlord shall permit the Landlord's wires and conduits, to be furnished the extent to which they are safely available for such use as hereinabove provided and if the extent to which they may be so used under any applicable regulations (iincluding those of such public utility) to be used for the purpose. Should any additional or other wiring, conduits, meters or distribution equipment be required in Landlord’s reasonable judgmentorder to permit the Tenant to receive such direct service, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to same will be installed by the Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wirethe Tenant in respect to the wiring, conduits, feedersmeters and distribution equipment. Landlord may, switchboards and appurtenances as reasonably may at its sole option, determine that a single meter will be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that utilized for the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord premises for such additional cost, as aforesaidelectric billing purposes. In the case of any additional electrical equipment being installed by or for Tenant, all event the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord uses two meters for the cost of electricity consumed by such equipment as shown premises, the electric charges will be calculated on such submetera conjunctional billing basis. Tenant's electric current charges will be billed separately from other charges due under this lease. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (Healthworld Corp)

Electric Current. a. There is a separate electric meter (ameters) Landlord shall provide electric current for measuring electricity furnished to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet of the Premises. The consumption Tenant shall contract with the company supplying electric current for the purchase and obtaining by Tenant of electricity electrical current directly from such company, which shall be billed directly to, and paid for by, Tenant. This shall include all current used in the Premises shall be measured by a separate submeter Premises, including but not limited to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord all electricity used for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In additionlighting, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost office equipment and expense, install a separate submeter to service the Premisesmachines. (b) b. If Tenant shall require electric electrical current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided the present capacities and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall requirements will result in an additional burden on the Building air conditioning system systems and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, then Landlord shall upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wirewires, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if Tenants, provided current therefor be therefore is available to Landlord, and provided further that the same shall be permitted by applicable laws and insurance regulations and shall not cause permanent damage to the Building or the Premises or Premises, cause or create a dangerous or hazardous condition or condition, entail excessive or unreasonable alterations or repairs repairs, or interfere with or disturb other tenants or occupants of the Building or (y) Building. Tenant shall reimburse Landlord on demand for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed all costs incurred by or for Landlord on account thereof. c. Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, shall purchase and Tenant shall reimburse Landlord for install all replacement lamps (including, but not limited to, incandescent and fluorescent lights) used in the cost of electricity consumed by such equipment as shown on such submeterPremises. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, d. Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, character or supply of electrical energy is changed by the utility service provider such that it or is no longer available or suitable for Tenant’s requirements. (d) Txxxxx e. Tenant agrees that it will shall not make any material alteration alterations or material addition to the electrical equipment and/or or appliances in the Premises without obtaining the prior written consent of Landlord in each instance first obtainedinstance, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will shall promptly advise Landlord of any other alteration alterations or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease (Mfic Corp)

Electric Current. (a) Landlord In addition to Yearly Rent and Operating Costs, Tenant shall provide pay during the term of this Lease the cost of all electric current to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for the Permitted Use but not less than six (6) wxxxx per useable square feet operation of any machine, appliance or device used for the operation of the Premises, including without limitation the cost of electric current for lights, plugs, business machines and HVAC, charged at the average cost per KWH paid by Landlord. The consumption of electricity in the Premises shall be measured for such purposes is check metered by a separate submeter to be meters installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition, from time to time at the written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expensethe charge hereunder shall be based on the actual usage shown on such check meter(s). Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical energy furnished to the Premises by reason of any requirement, install a separate submeter act or omission of the public utility serving the Building with electricity unless due to service the Premises. (b) If Tenant shall require electric current for act or omission of Landlord. Tenant's use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in excess of or otherwise presently serving the Premises. Any additional feeders or risers to supply Tenant's electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such reasonable quantity to feeders or risers, shall be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgmentinstalled by Landlord upon Tenant's request, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install provided that such additional wire, conduits, feeders, switchboards feeders and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by risers are permissible under applicable laws and insurance regulations and that the installation of such feeders or risers 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 unreasonably interfere with or disturb other tenants or occupants of the Building or (y) Building. Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (Cambex Corp)

Electric Current. (a) Landlord Electricity shall provide electric current be provided to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in the Premises for on a so-called "rent inclusion" basis. Tenant agrees that the Permitted Use but not less than six (6) wxxxx per useable square feet portion of the Premises. The consumption of electricity Minimum Rent set forth in Article 3 above presently attributed to the Premises shall be measured by a separate submeter to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for Tenant’s use furnishing of electric current is the annual sum of $11,163.00 and is subject to increase as hereinafter provided. Landlord will furnish electricity to Tenant through presently installed electrical facilities for Tenant's reasonable use of such lighting, electrical appliances, air conditioning systems and equipment as presently exist or as Tenant may be permitted to install in the Premises as shown on such submeter from time Premises, subject to time within thirty (30) days after demand thereforLandlord's consent. Tenant shall have the right to read such submeter from time to time. In additionagrees that an electrical engineer or utility consultant, selected by Landlord, may, from time to time at during the written request of TenantTerm, Landlord shall provide Tenant copies make a survey of the electric bills lighting and power load by metering or otherwise to determine Tenant's average monthly electrical energy consumption in the Premises ("Tenant's Electric Consumption") based upon (i) the connected load rating of each item consuming electric energy, (ii) Tenant's usage which shall be determined by multiplying the connected load rating of each item by the hours of usage as determined by the consultant, and (iii) the electric rate charged for such load in the service classification in effect on the Commencement Date pursuant to which Landlord then purchased electric current for the service covered entire Property from the public utility corporation (or any successor thereto), inclusive of all surcharges or taxes thereon including any sales tax as a result of the resale of such energy to Tenant. The findings of such engineer or consultant as to the proper Minimum Rent increase based on Tenant's Electric Consumption shall be conclusive and binding upon the parties and the amount thereof shall be added to the Minimum Rent payable monthly on the first day of each and every month in advance for each month from the date the change in electrical energy consumption occurred (as determined by such submeterLandlord's electrical engineer or utility consultant). If the Premises are not separately submetered as electric rate on which the initial determination of said consultant were based shall be increased, then the Minimum Rent attributable to electricity shall be increased in the same percentage, retroactive if necessary to the date of such increase in such electric rates. In no event shall the Minimum Rent or any portion of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter Minimum Rent attributable to service the Premises. (b) If Tenant shall require furnishing of electric current for use in the Premises in excess ever be reduced by operation of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wire, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage 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 or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. In the case of any additional electrical equipment being installed by or for Tenant, all the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expense, and Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeterthis Article 16. (c) Except for Landlord’s gross negligence or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition to the electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will not be unreasonably withheld, conditioned, or delayed, and Tenant will promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances.

Appears in 1 contract

Samples: Lease Agreement (Techsys Inc)

Electric Current. (a) Landlord shall provide If electric current is to be supplied to Tenant in a reasonable quantity sufficient for Tenant’s conduct of its business in by the Premises for public utility corporation serving the Permitted Use but not less than six (6) wxxxx per useable square feet part of the Premisescity where the building is located, Tenant agrees to purchase same from such public utility corporation. The consumption of electricity in the Premises shall be measured by a separate submeter Any riser or risers to be installed by Landlord in the Premises as of the Commencement Date. Tenant shall pay Landlord for supply Tenant’s use of electric current in the Premises as shown on such submeter from time to time within thirty (30) days after demand therefor. Tenant shall have the right to read such submeter from time to time. In addition's electrical requirements, from time to time at the upon written request of Tenant, Landlord shall provide Tenant copies of the electric bills for the service covered will be installed by such submeter. If the Premises are not separately submetered as of the Commencement Date, Landlord shall, at its sole cost and expense, install a separate submeter to service the Premises. (b) If Tenant shall require electric current for use in the Premises in excess of such reasonable quantity to be furnished for such use as hereinabove provided and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof, then, as the case may be, (x) Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wireif in Landlord's sole judgment, conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant if current therefor be available to Landlord, provided that the same shall be permitted by applicable laws are necessary and insurance regulations and shall will not cause permanent damage or injury to the Building building or the Premises demised premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations alterations, repairs or repairs expense or interfere with or disturb other tenants or occupants of the Building or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaidoccupants. In addition to the case installation of any additional electrical equipment being installed by such riser or for Tenant, all risers Landlord will also at the electricity serving such equipment shall be submetered, at Tenant’s sole cost and expenseexpense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the building or the risers or wiring installations. It is further covenanted and agreed by Tenant that all the aforesaid costs and expenses shall be paid by Tenant to Landlord within ten (10) days after rendition of any xxxx or statement to Tenant therefor. Tenant shall reimburse Landlord for the cost of electricity consumed by such equipment as shown on such submeter. (c) Except for Landlord’s gross negligence make no alterations or willful misconduct and except as set forth in Section 8.8 below, Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if the quantity, character, or supply of electrical energy is changed by the utility service provider such that it is no longer suitable for Tenant’s requirements. (d) Txxxxx agrees that it will not make any material alteration or material addition additions to the electrical electric equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which consent will shall not be unreasonably withheld, conditioned, withheld or delayed. Rigid conduit only will be allowed. If any tax is imposed upon Landlord's receipts from the sale or resale of electric energy or gas or telephone service to Tenant by any Federal, State or municipal Authority, Tenant covenants and agrees that, where permitted by law, Tenant's pro-rata share of such taxes shall be passed on to, and included in the xxxx of and paid by Tenant will promptly advise to Landlord. Any sums due and payable to Landlord under this Article shall be collectible as additional rent. Landlord shall provide 400 AMP electric service to the demised premises. Landlord represents that electric service to the demised premises is separately metered. Provided the Tenant is then not in default hereunder after notice and beyond any applicable cure period, Tenant may, at its own cost and expense and in compliance with applicable laws and building standards, provide additional AMP electric service as may be reasonably required for its business operation at the demised premises subject to the provisions of any other alteration Paragraph 45 of the printed form of this Lease. Any such additional AMP electric service is to be performed only by Landlord's designated electrician with the customary cost and reasonable charges of said electrician paid for by the Tenant. All plans for said Work are to be submitted to Landlord for its prior written approval, which approval shall not be unreasonably withheld or addition to such electrical equipment and/or appliancesdelayed.

Appears in 1 contract

Samples: Lease Agreement (Alloy Online Inc)

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