Common use of ELECTRIC UTILITIES Clause in Contracts

ELECTRIC UTILITIES. The Licensor shall estimate, acting reasonably, the annual amount of the Electrical Consumption Fee and deliver details of same to the Licensee on or prior to sixty (60) days in advance of the each annual anniversary of the Commencement Date. At the Licensor’s request, Licensee will provide Licensor with an electrical load calculation for Licensee’s Equipment, prior to installation or from time to time during the Term, to determine the total estimated annual cost of all electricity consumed in connection with the installation, operation and maintenance of the Licensee’s Equipment. If the electrical load calculation indicates that Licensee’s Equipment does not consume hydro, then the Electrical Consumption Fee may be waived by the Licensor, at its sole discretion. If the electrical load calculation indicates that Licensee’s Equipment is consuming hydro then such estimated annual cost shall be paid by the Licensee annually in advance in accordance with the Information Page. Licensor has the right to audit Licensee’s Equipment at any time to ensure that the Licensee’s power consumption is in accordance with its estimated electrical load calculation and may adjust the Electrical Consumption Fee charged in accordance with such audit. Alternatively, where feasible, the Licensee may install a meter at its cost (and as approved by the Licensor in accordance with Section 7) and in that case it will pay for its electricity consumption directly to the utility supplier. Alternatively, the Licensor may require the Licensee to be responsible for contracting with and procuring all electrical services, if any, which are necessary for the Licensee’s Equipment. Licensee shall pay for all costs of meters, sub meters, wiring, risers, transformers, electrical panels, lighting, air conditioning and other items, if any, required by Licensor which in Licensor's sole judgement, are necessary to accommodate Licensee's design loads and capacities, including, without limitation, the installation, operation and maintenance thereof. Notwithstanding the foregoing, Licensor may withhold consent for Licensee's installation of any wiring, risers, transformers, electrical panels, lighting, air conditioning systems, or other equipment if, in Licensor's sole judgement, acting reasonably, the same are not necessary or would cause damage or injury to the Building or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Building, or would interfere with or create or constitute a disturbance to other TSPs, tenants or occupants of the Building. In no event shall Licensor incur any liability for Licensor's refusal or withholding of consent for Licensee's installation or modification of, any such electrical facility or Licensee’s Equipment. Licensor shall notify Licensee in advance of any planned utility outages that may interfere with Licensee’s Equipment use but shall not be responsible for any losses, costs or expenses suffered as a result of any such outages provided that no less than thirty (30) days’ notice of such planned utility outages was provided. Licensor has no obligation to provide emergency or "backup" power to Licensee. Any provision of emergency or "backup" power shall be the sole responsibility of, and at the sole cost of, the Licensee.

ELECTRIC UTILITIES. The Licensee will pay to the Licensor shall estimatethe annual charge specified on the Information Page which amount (the "Electricity Charge") may be adjusted from time to time by the Licensor, acting reasonably, based on changes in the annual amount rates charged by the electrical utility supplier or based on changes in the anticipated consumption by the Licensee's Communications Equipment. The Licensor will notify the Licensee in writing concerning any change in the Electricity Charge and the notice will set out the basis of the Electrical Consumption Fee and deliver details Licensor's determination of same the change. The change will be effective thirty (30) days after the written notice and, if the change is effective other than January 1st of the year, a pro-rated adjustment in respect of the period from the date of the change to the Licensee on or prior to sixty next following January 1st will be made by (60a) multiplying the changed Electrical Charge times a fraction (the "Fraction"), the numerator of which is the number of days in advance between the effective date of the each annual anniversary change and the next following January 1st and the denominator of which is 365 or (b) subtracting from that product an amount equal to the product of the Commencement Date. At Electricity Charge previously paid for the Licensor’s requestyear, Licensee will provide Licensor with an electrical load calculation for Licensee’s Equipment, prior to installation or from time to time during the Term, to determine the total estimated annual cost of all electricity consumed in connection with the installation, operation and maintenance of the Licensee’s Equipment. If the electrical load calculation indicates that Licensee’s Equipment does not consume hydro, then the Electrical Consumption Fee may be waived multiplied by the Licensor, at its sole discretionFraction. If the electrical load calculation indicates that Licensee’s Equipment Despite what is consuming hydro then such estimated annual cost shall be paid by the Licensee annually provided above in advance in accordance with this Section 6 and the Information Page. Licensor has the right to audit Licensee’s Equipment at any time to ensure that the Licensee’s power consumption is in accordance with its estimated electrical load calculation and may adjust the Electrical Consumption Fee charged in accordance with such audit. Alternatively, where feasible, the Licensee may install a meter at its cost (and as approved by the Licensor in accordance with Section 7) and in that case it will pay for its electricity consumption directly to the utility supplier based on bills supplied to it by the utility supplier and the Licensee will provide evidence to the Licensor in the form of receipted bills within ten (10) days after each payment that the Licensee makes to the utility supplier. Alternatively, the Licensor may require the Licensee to be responsible for contracting with and procuring all electrical services, if any, which are necessary for the Licensee’s Equipment. Licensee shall pay for all costs of meters, sub meters, wiring, risers, transformers, electrical panels, lighting, air conditioning and other items, if any, required by Licensor which in Licensor's sole judgement, are necessary to accommodate Licensee's design loads and capacities, including, without limitation, the installation, operation and maintenance thereof. Notwithstanding the foregoing, Licensor may withhold consent for Licensee's installation of any wiring, risers, transformers, electrical panels, lighting, air conditioning systems, or other equipment if, in Licensor's sole judgement, acting reasonably, the same are not necessary or would cause damage or injury to the Building or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Building, or would interfere with or create or constitute a disturbance to other TSPs, tenants or occupants of the Building. In no event shall Licensor incur any liability for Licensor's refusal or withholding of consent for Licensee's installation or modification of, any such electrical facility or Licensee’s Equipment. The Licensor shall use reasonable commercial efforts to notify the Licensee in advance of any planned utility outages that may interfere with the Licensee’s 's Equipment use but shall not be responsible for any losses, costs or expenses suffered as a result of any such outages provided that no less than thirty (30) days’ providing reasonable commercial efforts to provide advance written notice of such planned utility outages was providedwere taken. The Licensor has no obligation to provide emergency or "backup" power to the Licensee. Any provision of emergency or "backup" power shall be the sole responsibility of, and at the sole cost of, of the Licensee.