Common use of Electric Inclusion Clause in Contracts

Electric Inclusion. A. Owner shall, through Owner's facilities, equipment and installations in the Building furnish the electricity Tenant shall reasonably require in the demised premises on a "rent inclusion)' basis (i.e., there shall be no separate charge to Tenant for such electricity by way of measuring the same on any meter or otherwise); the furnishing of such electricity being included in the Base Rent reserved hereunder as estimated in Paragraph B of this Article, subject, however, to all of the other provisions of this Article. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electricity furnished to the demised premises other negligent or otherwise than such as may result from Owner's ~ wrongful acts with respect to Owner's continuing maintenance and keeping in good repair of Owner's electrical equipment, facilities and installations in the Building. Tenant shall maintain all lighting fixtures and furnish and install all lighting tubes, lamps, ballast transformers, starters and bulbs in the demised premises, in accordance with the standards of the Building. supplying electricity to the Building as of April 1, 1996. At any time after Tenant commences occupancy of the demised premises and opens the demised premises for business either Owner or Tenant may demand a survey to be prepared by the Office of James Carey ("Carey"), or ix Xxxxx xxxll nxx xx availaxxx, or if in Owner's judgment Carey is not suitable for the xxxxose, then by another reputable, independent electrical consultant to be selected by Owner, the cost of which survey shall be borne by Tenant. The purpose of said survey shall be to determine the appropriate charge to Tenant for electricity to be included in the Base Rent taking into account the full electric service including the potential demand (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. The rent inclusion factor shall, from time to time, be determined on the basis of the then prevailing local public utility rates at the highest per unit rates payable by Owner for electric service, inclusive of all applicable "demand", "fuel adjustment", "time of day" and any other charges and any taxes included in or applicable to such rates and without regard to the electricity used in the remainder of the Building. When the charge for electricity has been so determined as a result of such survey, the Base Rent shall be increased or decreased, as the case may require, by the difference between the charge per annum determined by the survey and the estimated rent inclusion factor, effective as of the first day of the term hereof.

Electric Inclusion. A. Owner shall, through Owner's facilities, equipment and installations in the Building (a) Landlord shall furnish the electricity Tenant shall reasonably require in the demised premises electric energy on a "rent inclusion)' inclusion basis (i.e.to the Demised Premises, there shall be no separate charge to Tenant for such electricity by way of measuring the same on any meter or otherwise); the furnishing of such electricity charges therefor being included in the Base Rent reserved hereunder as estimated minimum rent. The amount included in Paragraph B the minimum rent is based upon the normal use of this Articlesuch electric energy between the hours of 9:00 A.M. to 5:30 P.M. on Mondays through Fridays, subjectholidays excepted, howeverfor lighting and for the normal use of lamps, to all of the other provisions of this Articletypewriters, personal computers and similar customary office machines. Owner Landlord shall not be liable in any way to Tenant for any failure loss, damage or expense that Tenant may sustain or incur by reason of for any failure, change, interruption or defect in the supply or character of electricity electric energy furnished to the demised premises other negligent Demised Premises by reason of any requirement, act or otherwise than omission of the Electric Service Provider or Alternate Service Provider (as said terms are hereinafter defined) serving the Building with electricity and no such as may result from Owner's ~ wrongful acts with respect failure, change, interruption or defect shall constitute an actual of constructive eviction, in whole or in part, or entitle Tenant to Owner's continuing maintenance and keeping in good repair any abatement of Owner's electrical equipment, facilities and installations in the Buildingminimum rent or additional rent or relieve Tenant of its obligations under this Lease. Tenant shall maintain furnish and install, at its sole cost and expense, all lighting fixtures and furnish and install all lighting fixtures, tubes, lamps, ballast transformersbulbs, starters ballasts and bulbs in outlets relating to Tenant's electrical equipment. (b) Landlord has advised Tenant that presently Con Edison ("Electric Service Provider") is the demised premises, in accordance with the standards of utility company selected by Landlord to provide electricity service for the Building. supplying Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the term of this Lease to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Electric Service Provider. (c) Tenant shall cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building as Building's electric lines, feeders, risers, wiring, and any other machinery within the Demised Premises. Section 23.02. Tenant's use of April 1electric energy in the Demised Premises, 1996. At including lighting, shall not at any time after Tenant commences occupancy exceed the capacity of any of the demised premises electrical conductors and opens equipment in or servicing the demised premises for business either Owner Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall not, without Landlord's prior consent in each instance, connect any additional fixtures, appliances or equipment (other than as set forth in Section 23.01) or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant upon Landlord's demand. As a condition to granting such consent, Landlord may demand a survey require Tenant to agree to an increase in the annual minimum rent by an amount which will reflect the value to Tenant of the additional service to be prepared furnished by Landlord, that is the Office potential additional electrical energy to be made available to Tenant based upon the estimated additional capacity of James Carey ("Carey")such additional risers or other equipment. If Landlord and Tenant cannot agree thereon, or ix Xxxxx xxxll nxx xx availaxxx, or if in Owner's judgment Carey is not suitable for the xxxxose, then amount of such increase shall be determined by another a reputable, independent electrical consultant engineer or consultant, to be selected by Owner, the cost of which survey Landlord whose fees or charges shall be borne paid by Tenant. The purpose When the amount of said such increase is so determined, Tenant shall pay to Landlord within ten (10) days following notification to Tenant of such determination the amount thereof retroactive to the date of such increased usage, unless within such ten (10) day period Tenant disputes such determination. If Tenant disputes such determination, it shall, at its own expense, obtain from a reputable, independent electrical engineer or consultant, its own survey of the additional electrical energy consumed by Tenant. Tenant's consultant and Landlord's consultant shall then seek to agree on a finding of such determination of such change in the consumption of electrical energy. If they cannot agree, they shall choose a third reputable, independent electrical engineer or consultant, whose cost shall be shared equally by Landlord and Tenant, to determine make a similar survey, and the appropriate charge determination of such third consultant shall be controlling. If they cannot agree on such third consultant, within ten (10) days, then either party may apply to Tenant for electricity to be included the Supreme Court in the Base Rent taking into account County of New York, for the full electric service including appointment of such third consultant. However, pending such determination, Tenant shall pay to Landlord the potential demand (connected load) necessary amount as determined by Landlord's engineer or useful consultant. If the amount determined as aforesaid is different from that determined by Landlord's engineer or consultant, then Landlord and Tenant shall make adjustment for any deficiency owed by Tenant or overage paid by Tenant's operation . Following the final determination, the parties shall execute an agreement supplementary hereto to reflect such increase in the annual minimum rent and in the amount set forth in Section 23.03; but such increase shall be effective even if such supplementary agreement is not executed. Section 23.03. If, during the term of all equipmentthis Lease, 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. The rent inclusion factor shall, from time to time, be determined on the basis of the then prevailing local public utility rates at rate for the highest per unit rates payable by Owner for supply of electric service, inclusive of all applicable "demand", "fuel adjustment", "time of day" and any other charges and any taxes included in or applicable to such rates and without regard current to the electricity used in Building by the remainder of the Building. When the charge for electricity has been so determined as a result of such survey, the Base Rent Electric Service Provider shall be increased or decreased, if there shall be an increase in taxes or if additional taxes shall be imposed upon the sale or furnishing of such electric energy (hereafter collectively as the case "cost") the annual minimum rent shall be increased by an amount arrived at by multiplying $17,925 (or the sum to which said sum may require, have been increased pursuant to the provisions of Section 23.02 or this Section 23.03 prior to the effective date of the cost increases; such sum being referred to herein as the "Rent Inclusion Factor") by the difference between percentage of the charge increase of such cost. When the amount of such increase is so determined, Landlord and Tenant shall execute an agreement supplementary hereto to reflect such increase in the amount of the minimum rent payable and effective from the effective date of such increase, but such increase shall be effective from such date whether or not such a supplementary agreement is executed. Section 23.04. Landlord reserves the right to discontinue furnishing electric energy at any time, whether or not Tenant is in default under this Lease, upon not less than thirty (30) days' notice to Tenant. If Landlord exercises such right of discontinuance, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that, from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electric energy to Tenant, and the minimum rent payable under this Lease shall be reduced by an amount per annum determined equal to the then prevailing Rent Inclusion Factor. If Landlord so elects to discontinue furnishing electric energy to Tenant, Tenant shall arrange to obtain electric energy directly from the public utility company furnishing electric service to the Building. Notwithstanding the foregoing, Landlord shall not discontinue furnishing electric energy until Tenant is able to obtain such electric energy directly from said public utility. Such electric energy may be furnished to Tenant by the survey and the estimated rent inclusion factor, effective as means of the first day then existing Building system feeders, risers and wiring to the extent that they are available, suitable and safe for such purposes. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company, and which are to be located within the Demised Premises, shall be installed and maintained by Tenant at its expense. Section 23.05. At no time shall Tenant's connected electrical load in the Demised Premises, including lighting, exceed six (6) watts per uxxxxx square foot. Section 23.06. If any additional charge or tax is imposed upon Landlord with respect to electric energy furnished to Tenant by any federal, state or municipal authority, Tenant, unless prohibited by law or by any governmental authority having jurisdiction thereover, shall pay to Landlord, within ten (10) days following Landlord's demand, accompanied by copies of the term hereofall relevant bills or back- up documentation, Tenant's pro rata share of such additional charge or tax.

Electric Inclusion. A. Owner shall, through Owner's facilities, equipment and installations in the Building (a) Landlord shall furnish the electricity Tenant shall reasonably require in the demised premises electric energy on a "rent inclusion)' inclusion basis (i.e.to the Demised Premises, there shall be no separate charge to Tenant for such electricity by way of measuring the same on any meter or otherwise); the furnishing of such electricity charges therefor being included in the Base Rent reserved hereunder as estimated minimum rent. The amount included in Paragraph B the minimum rent is based upon the normal use of this Articlesuch electric energy between the hours of 9:00 A.M. to 6:00 P.M. on Mondays through Fridays, subjectholidays excepted, howeverfor lighting and for the normal use of lamps, to all of the other provisions of this Articletypewriters, personal computers and similar customary office machines. Owner Landlord shall not be liable in any way to Tenant for any failure loss, damage or expense that Tenant may sustain or incur by reason of for any failure, change, interruption or defect in the supply or character of electricity electric energy furnished to the demised premises other negligent Demised Premises by reason of any requirement, act or otherwise than omission of the Electric Service Provider or Alternate Service Provider (as said terms are hereinafter defined) serving the Building with electricity and no such as may result from Owner's ~ wrongful acts with respect failure, change, interruption or defect shall constitute an actual of constructive eviction, in whole or in part, or entitle Tenant to Owner's continuing maintenance and keeping in good repair any abatement of Owner's electrical equipment, facilities and installations in the Buildingminimum rent or additional rent or relieve Tenant of its obligations under this Lease. Tenant shall maintain furnish and install, at its sole cost and expense, all lighting fixtures and furnish and install all lighting fixtures, tubes, lamps, ballast transformersbulbs, starters ballasts and bulbs in outlets relating to Tenant's electrical equipment. (b) Landlord has advised Tenant that presently Con Edison ("Electric Service Provider") is the demised premises, in accordance with the standards of utility company selected by Landlord to provide electricity service for the Building. supplying Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the term of this Lease to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Electric Service Provider. 42 (c) Tenant shall cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building as of April 1Building's electric lines, 1996feeders, risers, wiring, and any other machinery within the Demised Premises. Section 23.02. At Tenant's connected electrical load in the Demised Premises, including lighting, shall not at any time after Tenant commences occupancy exceed the capacity of any of the demised premises electrical conductors and opens equipment in or serving the demised premises for business either Owner Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall not, without Landlord's prior consent in each instance, connect any additional fixtures, appliances or equipment (other than as set forth in Section 23.01) or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant upon Landlord's demand. As a condition to granting such consent, Landlord may demand a survey require Tenant to agree to an increase in the annual minimum rent by an amount which will reflect the value to Tenant of the additional service to be prepared furnished by Landlord, that is the Office potential additional electrical energy to be made available to Tenant based upon the estimated additional capacity of James Carey ("Carey")such additional risers or other equipment. If Landlord and Tenant cannot agree thereon, or ix Xxxxx xxxll nxx xx availaxxx, or if in Owner's judgment Carey is not suitable for the xxxxose, then amount of such increase shall be determined by another a reputable, independent electrical consultant engineer or consultant, to be selected by Owner, the cost of which survey Landlord whose fees or charges shall be borne paid by Tenant. The purpose When the amount of said such increase is so determined, Tenant shall pay to Landlord within twenty (20) days following notification to Tenant of such determination the amount thereof retroactive to the date of such increased usage, unless within such twenty (20) day period Tenant disputes such determination. If Tenant disputes such determination, it shall, at its own expense, obtain from a reputable, independent electrical engineer or consultant, its own survey of the additional electrical energy consumed by Tenant. Tenant's consultant and Landlord's consultant shall then seek to agree on a finding of such determination of such change in the consumption of electrical energy. If they cannot agree, they shall choose a third reputable, independent electrical engineer or consultant, whose cost shall be shared equally by Landlord and Tenant, to determine make a similar survey, and the appropriate charge determination of such third consultant shall be controlling. If they cannot agree on such third consultant, within ten (10) days, then either party may apply to Tenant for electricity to be included the Supreme Court in the Base Rent taking into account County of New York, for the full electric service including appointment of such third consultant. However, pending such determination, Tenant shall pay to Landlord the potential demand (connected load) necessary amount as determined by Landlord's engineer or useful consultant. If the amount determined as aforesaid is different from that determined by Landlord's engineer or consultant, then Landlord and Tenant shall make adjustment for any deficiency owed by Tenant or overage paid by Tenant's operation of all equipment. Following the final determination, 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. The rent inclusion factor shall, from time parties shall execute an agreement supplementary hereto to time, be determined on the basis of the then prevailing local public utility rates at the highest per unit rates payable by Owner for electric service, inclusive of all applicable "demand", "fuel adjustment", "time of day" and any other charges and any taxes included in or applicable to reflect such rates and without regard to the electricity used increase in the remainder of annual minimum rent and in the Building. When the charge for electricity has been so determined as a result of such survey, the Base Rent shall be increased or decreased, as the case may require, by the difference between the charge per annum determined by the survey and the estimated rent inclusion factor, effective as of the first day of the term hereof.amount set forth in Section

Electric Inclusion. A. Owner shall, through Owner's facilities, equipment and installations Landlord shall furnish to Tenant as an additional service included in the Building furnish Fixed Rent payable hereunder, the electricity electric energy which Tenant shall reasonably require requires in the demised premises Demised Premises on a "rent inclusion)' basis (i.e." basis, there shall be no separate charge to Tenant through the presently installed electrical facilities for such electricity by way of measuring the same on any meter or otherwise); the furnishing of such electricity being included Tenant's reasonable use in the Base Rent reserved hereunder as estimated in Paragraph B of this ArticleDemised Premises for lighting, subjectlight office equipment and the usual small business machines, however, to all of the other provisions of this Articleincluding small copying machines. Owner Landlord shall not in anywise be liable in any way or responsible to Tenant for any failure loss or defect in damage or expense which Tenant may sustain or incur if either the supply quantity or character of electricity furnished electric service is changed or is no longer available or suitable for Tenant's requirements. (a) Tenant acknowledges and agrees (i) that the Fixed Rent hereinabove set forth in this lease includes an Electricity Rent Inclusion Factor (as hereinafter defined), of $9,240.00 to compensate Landlord for the demised premises electrical wiring and other negligent or otherwise than such installations necessary for, and for its obtaining and redistribution of, electric current as may result from Owner's ~ wrongful acts with respect to Owner's continuing maintenance an additional service; and keeping in good repair of Owner's electrical equipment, facilities and installations in the Building. Tenant shall maintain all lighting fixtures and furnish and install all lighting tubes, lamps, ballast transformers, starters and bulbs in the demised premises, in accordance with the standards of the Building. supplying electricity to the Building as of April 1, 1996. At any time after Tenant commences occupancy of the demised premises and opens the demised premises for business either Owner or Tenant may demand a survey to be prepared by the Office of James Carey (ii) that said Electricity Rent Inclusion Factor (hereinafter called "CareyERIF"), or ix Xxxxx xxxll nxx xx availaxxxwhich shall be subject to periodic adjustments as herein provided, has been partially based upon Tenant's estimated connected electrical load and hours of use thereof for ordinary lighting and light office equipment, during ordinary business hours. The "Electricity Rent Inclusion Factor" shall mean the amount determined by applying the estimated connected electrical load and usage thereof in the Demised Premises (as determined by the electrical consultant as hereinafter provided) to the rate charged for such load and usage in the service classification in effect on September 1, 1991 pursuant to which Landlord then purchased electric current for the entire Building from the public utility corporation, which, as set forth in this Section 17.02, Landlord and Tenant initially agree is $9,240.00. If the cost to Landlord of electricity shall have been, or if shall be, increased subsequent to September 1, 1991 (whether such increase occurs prior to or during the term of this Lease), by change in OwnerLandlord's judgment Carey is not suitable electric rates, charges, fuel adjustment, or service classifications, or by taxes or charges of any kind imposed thereon, or for the xxxxoseany other such reason, then by another reputable, independent electrical consultant to be selected by Owner, the cost of which survey shall be borne by Tenant. The purpose of said survey shall be to determine the appropriate charge to Tenant for electricity to be included in the Base Rent taking into account the full electric service including the potential demand (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. The rent inclusion factor shall, from time to time, be determined on the basis aforesaid ERIF portion of the then prevailing local public utility rates at the highest per unit rates payable by Owner for electric service, inclusive of all applicable "demand", "fuel adjustment", "time of day" and any other charges and any taxes included in or applicable to such rates and without regard to the electricity used in the remainder of the Building. When the charge for electricity has been so determined as a result of such survey, the Base Fixed Rent shall be increased or decreased, as in the case may require, by the difference between the charge per annum determined by the survey and the estimated rent inclusion factor, effective as of the first day of the term hereofsame percentage.