Common use of Electric Current Clause in Contracts

Electric Current. (a) The Board shall furnish electric current to 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 level of service not less than that supplied as of the date of this Agreement. 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 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 at locations in the Condominium Buildings reasonably satisfactory to the Board and the Utility. In the event that the Board shall, from time to time, 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. 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 contract for and obtain electricity directly from the Utility, and to pay the Utility directly for such 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 any tax otherwise applicable to the purchase of electricity, the Board shall cooperate in all reasonable respects with NBC or the XXX (or such Designee) to cause the Utility to recognize such tax exemption and to pass the benefits of such tax exemption to NBC or the XXX (or such Designee).

Electric Current. (a) The Board 52.1 Tenant agrees that Tenant shall furnish electric current not make any electrical or mechanical installations, alterations, additions or changes to such portions of the NBC Units and electrical equipment or appliances in the GE Units and the electric risers applicable thereto as are served by the Electrical System, at a level of service not less than that supplied as of the date of this Agreement. Such electric current shall be measured by a meter or meters provided and installed by the Board Premises (except that any coincident demand meters shall be provided Tenant may connect standard office equipment and installed at small kitchen appliances without Landlord’s consent) without the cost prior written consent of NBC or GE) at Landlord, in each 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 instance, which shall not be unreasonably withheld, conditioned or delayed, and Tenant will at all times comply with the sum of (i) the product obtained by multiplying the actual number of kilowatt hours of electric current consumed by NBC rules 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 regulations applicable to the electric current so furnished by service, equipment, wiring and requirements of Landlord and of the Board utility company supplying electricity to NBC the Building. Tenant covenants and GE) 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 not use any electrical equipment which, in accordance Landlord’s reasonable judgment, will overload such installations or interfere with the provisions hereof) and as its denominator said total number of kilowatt hours so consumed use thereof 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 xxxx based on consumption and demand for electricity consumed other tenants 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 at locations in the Condominium Buildings reasonably satisfactory to the Board and the UtilityBuilding. 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 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 Board shall, from time to time, generally upgrade Premises. If either the quantity or character of the electrical service available to other Unit Owners, at such Unit Owners’ sole cost and expense, is changed by 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 utility company supplying electrical service available to the NBC and/or GE Units. As a condition Building or is no longer available or suitable for Tenant’s requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or, subject to such participationSection 66.4, NBC and/or GE shall reimburse the Board for all costs and expenses incurred by the Board in connection with such upgrade part, or entitle Tenant to the electrical service available to the NBC and/or GE Unitsany abatement or diminution of Fixed Rental or Additional Rental, 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 contract for and obtain electricity directly from the Utility, and to pay the Utility directly for such 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 relieve Tenant from any tax otherwise applicable of its obligations under this Lease or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to the purchase Tenant, or injury to or interruption of electricityTenant’s business, the Board shall cooperate in all reasonable respects with NBC or the XXX (otherwise, unless such change, unavailability or such Designee) unsuitability is due solely to cause the Utility to recognize such tax exemption and to pass the benefits of such tax exemption to NBC Landlord’s negligence or the XXX (or such Designee)willful misconduct.

Electric Current. 16. (aA) The Board shall furnish electric current to 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 level of service not less than that supplied as of the date of this Agreement. Such electric current shall be measured by a meter or meters provided and installed by the Board (except that any coincident demand meters Electricity shall be provided and installed at to Tenant in the cost Premises on a so-called "rent inclusion" basis. Tenant agrees that the portion of NBC or GE) at such location or locations as the Board shall select. NBC and GE shall pay Minimum Rent set forth in Article 3 above presently attributed to the Board at furnishing of electric current is the end annual sum of each billing period $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, subject to Landlord's consent. Tenant agrees that an electrical engineer or utility consultant, selected by Landlord, may, from time to time during the Term, make a survey of the public utility company then supplying said electric current lighting and power load by metering or otherwise to determine Tenant's average monthly electrical energy consumption in the Condominium Buildings Premises (the “Utility”"Tenant's Electric Consumption") such amounts which shall be the sum of based upon (i) the product obtained connected load rating of each item consuming electric energy, (ii) Tenant's usage which shall be determined by multiplying the actual number connected load rating of kilowatt 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 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 Landlord's electrical engineer or utility consultant). If the 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 Minimum Rent attributable to the furnishing of electric current consumed ever be reduced 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 operation 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 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 at locations in the Condominium Buildings reasonably satisfactory to the Board and the Utility. In the event that the Board shall, from time to time, 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. 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 contract for and obtain electricity directly from the Utility, and to pay the Utility directly for such 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 any tax otherwise applicable to the purchase of electricity, the Board shall cooperate in all reasonable respects with NBC or the XXX (or such Designee) to cause the Utility to recognize such tax exemption and to pass the benefits of such tax exemption to NBC or the XXX (or such Designee)this Article 16.

Electric Current. 16. (aA) The Board shall furnish electric current to 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 level of service not less than that supplied as of the date of this Agreement. Such electric current shall be measured by a meter or meters provided and installed by the Board (except that any coincident demand meters Electricity shall be provided and installed at to Tenant in the cost Premises on a so-called "rent inclusion" basis. Tenant agrees that the portion of NBC or GE) at such location or locations as the Board shall select. NBC and GE shall pay Minimum Rent set forth in Article 3 above presently attributed to the Board at furnishing of electric current is the end annual sum of each billing period $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, subject to Landlord's consent. Tenant agrees that an electrical engineer or utility consultant, selected by Landlord, may, from time to time during the Term, make a survey of the public utility company then supplying said electric current lighting and power load by metering or otherwise to determine Tenant's average monthly electrical energy consumption in the Condominium Buildings Premises (the “Utility”"Tenant's Electric Consumption") such amounts which shall be the sum of based upon (i) the product obtained connected load rating of each item consuming electric energy, (ii) Tenant's usage which shall be determined by multiplying the actual number connected load rating of kilowatt 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 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 Landlord's electrical engineer or utility consultant). If the 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 Minimum Rent attributable to the furnishing of electric current consumed ever be reduced 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 operation 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 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 at locations in the Condominium Buildings reasonably satisfactory to the Board and the Utility. In the event that the Board shall, from time to time, 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. 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 contract for and obtain electricity directly from the Utility, and to pay the Utility directly for such 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 any tax otherwise applicable to the purchase of electricity, the Board shall cooperate in all reasonable respects with NBC or the XXX (or such Designee) to cause the Utility to recognize such tax exemption and to pass the benefits of such tax exemption to NBC or the XXX (or such Designee)this Article 16.

Electric Current. (a) The Board Throughout the Term Landlord shall furnish Tenant without additional charge during Normal Business Hours (as defined in Section 23) a reasonable amount of electric current to such portions of at 110 volts ("Normal Usage Amount") for lighting purposes within the NBC Units Premises and the GE Units powering of a normal amount of office equipment and the electric risers applicable thereto as are served by the Electrical System, at a level of service not less than that supplied as of the date appliances. "Normal Usage Amount" is defined for purposes of this AgreementLease to mean electric power supplied at the rate of three (3) xxxxx per square foot of Premises. Such electric current In this regard Tenant agrees as follows: (1) If Landlord reasonably determines based upon engineering studies of electrical load consumed that Tenant is materially exceeding the Normal Usage Amount Tenant 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 pay to Landlord such amounts as additional rent as will equitably reimburse Landlord for 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 extra 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 power so consumed by Tenant; (2) If Tenant shall desire to place and install in the Condominium Buildings 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 billing period, plus equipment if same exceeds Normal Usage Amount. Xxxxxxxx has advised Tenant that present Baltimore Gas & Electric (ii"Electric Service Provider") any taxes applicable is the utility company selected by Landlord to provide electricity 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 GEBuilding. Notwithstanding the foregoing sentenceforegoing, if at any time the Utility provides the Board with a separate xxxx based on consumption and demand for electricity consumed in the NBC Units or the GE Unitspermitted by law, 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 at locations in the Condominium Buildings reasonably satisfactory to the Board and the Utility. In the event that the Board shall, from time to time, 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. 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 Landlord shall have the right at any 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 referred to as an "Alternative Service Provider") or continue to contract for and obtain electricity directly service from the UtilityElectric Service Provider. Tenant shall cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Electric Service Provider, and to pay the Utility directly for such 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 any tax otherwise applicable Alternative Service Provider reasonable access to the purchase of electricityBuilding's electric lines, feeders, risers, wiring and any other machinery within the Board Premises, provided that Landlord shall cooperate use its reasonable efforts to minimize its interference with Tenant's business in all reasonable respects with NBC or the XXX (or such Designee) to cause the Utility to recognize such tax exemption and to pass the benefits of such tax exemption to NBC or the XXX (or such Designee)Premises. 25.