Electric Service. To the extent Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Leased Premises for lighting, convenience outlets, and other direct uses. The charge shall be based upon allocation of total building use and shall be at the rates charged for such services by the local public authority or utility but shall not exceed the greater of the trailing twelve (12) month average of electricity charges paid by Tenant or Tenant's proportionate share as defined in Section 21 hereof. In the first year of this lease, the trailing twelve (12) month average shall be considered the monthly average beginning with January 1, 2011 through the end of the month for which billing is being calculated. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises which will in anyway increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office space, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office space, then Tenant shall first procure the consent of Landlord (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants use and possession of the Leased Premises or any part thereof, or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Electric Service. To the extent Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rentAdditional Rent, for all electricity used by Tenant in the Leased Premises for lighting, convenience outlets, and other direct uses. The charge shall be based upon allocation of total building use and shall be at the rates charged , an amount, as reasonably estimated by Landlord from time to time, which Tenant would pay for such services electricity if the same were separately metered to the Leased Premises by the local public authority or electric utility but provider(s) and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall not exceed the greater of the trailing twelve (12) month average of electricity charges paid by Tenant or pay Tenant's proportionate share (as defined in Section 21 hereof. In the first year of this lease, the trailing twelve (12) month average shall be considered the monthly average beginning with January 1, 2011 through the end of the month total electrical charges for which billing is being calculatedthe Building, provided that Landlord may (but shall have no obligation to) (i) install a separate electric meter for all or any portion of the Leased Premises and in such event Tenant shall pay metered amount directly to the electric utility provider(s), or (ii) engage an MEP engineer or electrical contractor ("Electrical Contractor") to determine Tenant's usage of electricity and allocate Tenant's usage as a percentage of the total usage for the portions of the Property on the same meter as Tenant, and Tenant shall pay the percentage of total electricity charges as determined by the Electrical Contractor. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises which will in anyway increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office space, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office space, then Tenant shall first procure the consent of Landlord (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. As used herein, "local utility provider" shall include any and all public utility companies and/or private utility providers (including resellers) that charge for providing electrical service to the Building. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants use and possession of the Leased Premises or any part thereof, or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Electric Service. To the extent Tenant is not billed directly by a ---------------- public utility, Tenant shall paypay Landlord in advance monthly, upon demand, as additional rent, for Landlord's monthly estimate of all electricity used by Tenant in the Leased Premises for lighting, convenience outlets, and other direct uses. The charge Any difference between the Landlord's estimate and the Tenant's actual use as subsequently determined by Landlord shall either be billed or credited to Tenant's subsequent rent bills as the case may require. Tenant's actual use shall be based upon allocation of total building use and shall be at the rates charged for such services by the local public authority or utility but shall not exceed the greater Tenant's pro-rata share of the trailing twelve (12) month average of electricity total electrical charges paid by Tenant or Tenant's proportionate share as defined in Section 21 hereof. In the first year of this lease, the trailing twelve (12) month average shall be considered the monthly average beginning with January 1, 2011 through the end of the month for which billing is being calculatedBuilding, however, Landlord may, in its sole discretion, adjust said amount based upon any extraordinary use of electrical power by Tenant, including, without limitation, extended hours of operation as compared to other tenants of the Building and the operation of equipment requiring large amounts of electricity. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballastsballasts during the Lease Term, provided, however, that Landlord agrees that all lighting fixtures, light bulbs, tubes and ballasts provided by Landlord shall be in working condition at the commencement of the Lease Term. Tenant will not without the written consent of Landlord use any apparatus or device device, including but not limited to any computers and other high technology equipment in the Leased Premises Premises, which will in anyway any way increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office spacefor the permitted uses described herein, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current). If Tenant shall not use or require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office spacedetermined by the Landlord for the permitted uses described herein, then unless Tenant shall first procure have procured the consent of Landlord (which consent will not be unreasonably withheld). and Tenant shall pay have paid all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. Interruptions of any service provided by Landlord and Tenant shall have paid all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. Interruptions of any service provided by Landlord resulting in whole or in part from any cause of causes beyond the reasonable control of Landlord shall not be deemed an eviction or disturbance of Tenants Tenant's use and possession of the Leased Premises or any part thereof, or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Britesmile Inc)
Electric Service. To At all reasonable times, electric current as required for building standard lighting and fractional horsepower office machines from a Building standard 42 circuit 200 amp panel, with transformer if necessary, on each full floor occupied by Tenant, with the extent Tenant is not billed directly by a public utilityexpress exception of the 34th floor, provided, however, that: (i) without Landlord's consent, Tenant shall paynot install, upon demandor permit the installation, as additional rent, for all electricity used by Tenant in the Leased Premises for lightingof any computers, convenience outletsword processors, and electronic data processing equipment or other direct uses. The charge shall be based upon allocation type of total building use and shall be at the rates charged for such services by the local public authority equipment or utility but shall not exceed the greater of the trailing twelve (12) month average of electricity charges paid by Tenant or Tenant's proportionate share as defined in Section 21 hereof. In the first year of this lease, the trailing twelve (12) month average shall be considered the monthly average beginning with January 1, 2011 through the end of the month for which billing is being calculated. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises machines which will in anyway increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for Tenants use of the Leased Premises as general office space, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which Landlord is reasonably obtainable from existing electric outlets and normal for obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of the Leased Premises as general personal computers or similar office space, then equipment); (ii) if Tenant shall first procure require electric current which may disrupt the provision of electrical service to other tenants, Landlord may refuse to grant its consent and (iii) if Tenants increased electrical requirements will materially affect the temperature level in the Premises or the Property, Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of Landlord (which consent will not be unreasonably withheld)modifications to the air conditioning system. Tenant shall pay purchase all costs non-standard light bulbs, fluorescent tubes, ballasts, or starters used in the Premises from Landlord. Landlord shall not, in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's control, either the quantity or character of installation of electric service is changed or is no longer available or suitable for Tenant's requirements. Any riser or risers (and all facilities other equipment proper or necessary to furnishing such excess capacity and for such increased electricity usage. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants use and possession in connection therewith) required after the commencement of the Leased Lease Term to supply Tenants electrical requirement will, upon Tenants written request (and at its sole expense as additional rent), be installed by Landlord if, in Landlord's sole judgment, the same is necessary and will not cause permanent damage or injury to or adversely affect the appearance of the Property or Premises or any part thereofcreate a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, or render Landlord liable for damages expense or interfere with or disturb other tenants or occupants. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Property. 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 abatement any governmental authority, Tenant covenants that, where permitted by law, Tenants Pro rata Share of rent or otherwise or relieve such taxes shall be paid by Tenant from performance of Tenant's obligations under this Leaseto Landlord.
Appears in 1 contract
Samples: Office Lease (N2h2 Inc)
Electric Service. A. To the extent Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as additional rent, for all electricity used by Tenant in the Leased Premises Premises, including, without limitation, for lighting, convenience outlets, heating and cooling systems and other direct uses. The charge shall be based upon allocation of total building metered use and shall be at the rates charged for such services by the local public authority or utility but shall not exceed the greater of the trailing twelve (12) month average of electricity charges paid by Tenant or Tenant's proportionate share as defined in Section 21 hereof. In the first year of this lease, the trailing twelve (12) month average shall be considered the monthly average beginning with January 1, 2011 through the end of the month for which billing is being calculatedutility. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises which will in anyway any way increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office space, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office space, then Tenant shall first procure the consent of Landlord (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. Landlord represents and warrants that the Premises are currently separately metered.
B. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants Tenant's use and possession of the Leased Premises or any part thereof, thereof or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease, except as provided in Paragraph 8(D).
C. Tenant shall have the right to receive 40 hours of after-hours air conditioning of Tenant's choosing each calendar year for no additional charge to Tenant. Thereafter, Tenant shall have the right to receive after-hours air conditioning by paying Landlord's then standard charge for after-hours air conditioning, which Landlord may increase from time to time in Landlord's reasonable discretion (which, for calendar year 2016, will be $28 per hour but available in no less than two-hour minimum increments and subject to increases based on Landlord's reasonable estimates). Tenant hereby acknowledges and agrees that Landlord has furnished two (2) new 20-ton air conditioning rooftop units that serve the Premises exclusively. Normal HVAC hours shall be 8:00 a.m. until 6:00 pm Mondays through Fridays and 8:00 a.m. until 1:00 p.m. Saturdays (Saturday hours shall be limited to cooling only from June 1st through September 30h1 each calendar year), except Sundays, New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Tenant shall be billed directly by ComEd (or such other utility company providing electricity to the Premises during the Term) for the electricity used by Tenant in connection with the HVAC (including the aforementioned rooftop units, fan-power and VAV boxes). The Building's boiler costs for heating shall be paid for by Landlord.
D. Landlord shall be responsible for the maintenance, repair and replacement of the HVAC Systems serving the Premises, except such repairs, maintenance or replacement necessitated by Tenant's negligence or misconduct.
Appears in 1 contract
Electric Service. To In the extent Tenant is not billed directly event SELLER requires standby electric service to the COGENERATION FACILITY same shall be furnished by PSE&G pursuant to an applicable tariff on file with the NJBPU. In such event, pursuant to and in accordance with the provisions of The Order of the NJBPU in "In the Matter of the Consideration and Determination of Cogeneration and Small Power Production Standards Pursuant to the Public Utility Regulatory Policies, Act of 1978, Docket No. 8010-687," PSE&G will establish a public utilitycredit (Credit) for SELLER in an amount determined in accordance with the following: ESTIMATED COST FOR STANDBY FACILITY ACTUAL COST FOR = CREDIT ----------------------------------- X INTERCONNECTION ESTIMATED COST FOR INTERCONNECTION The estimated cost for standby facility will be furnished to SELLER as soon as practicable after execution of this AGREEMENT. This Credit will be refunded to SELLER without interest, Tenant shall payin whole or in part, upon demand, as additional rent, for all electricity used by Tenant in annual payments over the Leased Premises for lighting, convenience outlets, and other direct usesten (10) year period following the DATE OF COMMERCIAL OPERATION. The charge shall amount of refund for each annual period will be based upon allocation of calculated as follows: TOTAL OF PAYMENTS MADE FOR ELECTRIC SERVICE SUPPLIED BY PSE&G UNDER THE APPLICABLE PREVAILING X 10% = AMOUNT OF REFUND RATE SCHEDULE DURING THE PRECEDING ANNUAL PERIOD The total building use and shall be at the rates charged for refund during such services by the local public authority or utility but ten (10) year period shall not exceed the greater amount of the trailing twelve (12) month average of electricity charges paid by Tenant or Tenant's proportionate share as defined Credit determined pursuant to and in Section 21 hereof. In accordance with the first year provisions of this leaseParagraph. If after such ten (10) year period SELLER has not received, based on its annual payments for electric service, a total refund of the trailing twelve (12) month average Credit, SELLER shall be considered forfeit any further entitlement to any balance of the monthly average beginning with January 1, 2011 through Credit remaining at the end of the month for which billing is being calculated. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises which will in anyway increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office space, nor connect with electric current such ten (except through existing electrical outlets in the Leased Premises10) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office space, then Tenant shall first procure the consent of Landlord (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants use and possession of the Leased Premises or any part thereof, or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Leaseyear period.
Appears in 1 contract
Samples: Power Purchase and Interconnection Agreement (Cogen Technologies Inc)
Electric Service. To Landlord has advised Tenant that, as of the extent date of this Lease, Georgia Power Company (the "Current Electric Service Provider") is the utility company selected by Landlord to provide electricity service for the Development, including the Building. Notwithstanding the foregoing, as long as Tenant is not billed directly by a public utilityleasing all of the rentable area in the Building, and subject to the terms and conditions of this Section 47, Tenant shall payhave the right at any time and from time to time during the term of this Lease to require that Landlord contract for service from a different company or companies providing electricity service (each an "Alternate Service Provider"), upon demandbut only if and to the full extent permitted by applicable Legal Requirements. If an Alternate Service Provider is willing and able to provide such electricity service to the Building, as additional rentthen Landlord shall, for all at Tenant's sole cost and expense, contract with such Alternate Service Provider to provide electricity used by Tenant in service to the Leased Premises for lightingBuilding; provided, convenience outletshowever, and other direct uses. The charge shall be based upon allocation of total building use and shall be at the rates charged for such services by the local public authority or utility but Landlord shall not exceed be required to contract with the greater of the trailing twelve (12) month average of electricity charges paid by Tenant or Tenant's proportionate share as defined Alternate Service Provider if it would adversely affect Landlord in Section 21 hereof. In the first year of this lease, the trailing twelve (12) month average shall be considered the monthly average beginning with January 1, 2011 through the end of the month for which billing is being calculatedany way. Tenant shall furnishfully cooperate with Landlord, the Current Service Provider, and any Alternate Service Provider at its own expenseall times and, all as reasonably necessary, shall allow Landlord, the Current Service Provider, and any Alternate Service Provider reasonable access to the Building's electric light bulbslines, tubes feeders, risers, wiring, and ballastsany other machinery within the Premises. Landlord shall in no way be responsible or liable for any damage, loss, cost or expense which Tenant will not without the written consent may sustain or incur by reason of Landlord use any apparatus change, failure, interference, disruption, or device defect in the Leased Premises which will in anyway increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use supply or character of the Leased Premises as general office spaceelectric energy furnished to the Premises, nor connect with electric current (except through existing electrical outlets in or if the Leased Premises) any apparatus quality or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use character of the Leased Premises as general office space, then Tenant shall first procure electric energy supplied by the consent of Landlord (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants use and possession of the Leased Premises Current Electric Service Provider or any part thereofAlternate Service Provider is no longer available or suitable for Tenant's requirements, and no such change, failure, defect, unavailability, or render Landlord liable for damages by unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent or otherwise Rent, or relieve Tenant from performance any of Tenant's its obligations under this Lease. The exercise and enjoyment of the rights under this Section 47 shall be at Tenant's sole cost and expense.
Appears in 1 contract
Samples: Lease Agreement (Edutrek Int Inc)