Common use of Electric Service Clause in Contracts

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, an amount, as reasonably estimated by Landlord from time to time, which Tenant would pay for such electricity if the same were separately metered to the Leased Premises by the local electric utility provider(s) and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay Tenant's proportionate share (as defined in Section 21 hereof) of the total electrical charges for the 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.)

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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, an amount, as reasonably estimated by Landlord from time to time, which Tenant would pay . The charge shall be based upon allocation of total building use and shall be at the rates charged for such electricity if the same were separately metered to the Leased Premises services by the local electric public authority or utility provider(sbut shall not exceed the greater of the trailing twelve (12) and billed to month average of electricity charges paid by Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay 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 total electrical charges month for the 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 Contractorwhich 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. 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.)

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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 Rentadditional rent, for Landlord's monthly estimate of all electricity used by Tenant in the Leased Premises for lighting, convenience outlets, and other direct uses, an amount, . Any difference between the Landlord's estimate and the Tenant's actual use as reasonably estimated subsequently determined by Landlord from time shall either be billed or credited to time, which Tenant would pay for such electricity if the same were separately metered to the Leased Premises by the local electric utility provider(s) and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay Tenant's proportionate subsequent rent bills as the case may require. Tenant's actual use shall be based upon Tenant's pro-rata share (as defined in Section 21 hereof) of the total electrical charges for of the Building, provided that however, Landlord may (but shall have no obligation to) (i) install a separate electric meter for all or may, in its sole discretion, adjust said amount based upon any portion extraordinary use of electrical power by Tenant, including, without limitation, extended hours of operation as compared to other tenants of the Leased Premises Building 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 operation of electricity and allocate Tenant's usage as a percentage equipment requiring large amounts 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 Contractorelectricity. 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. As used herein, "local utility provider" Interruptions of any service provided by Landlord and Tenant shall include any have paid all costs of installation of all facilities necessary to furnishing such excess capacity and all public utility companies and/or private utility providers (including resellers) that charge for providing electrical service to the Buildingsuch 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)

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