Common use of Electrical Energy Clause in Contracts

Electrical Energy. Landlord shall be under no obligation to furnish electrical energy to Tenant in amounts greater than needed for lighting and normal and customary items of equipment for general office purposes (i.e., not more than an average of five (5) xxxxx per square foot of the Leased Premises), and Tenant shall not install or use within the Leased Premises any electrical equipment, appliance or machine which shall require amounts of electrical energy exceeding such standard wattage provided for the Building, unless the installation and use of such additional electrical equipment, appliance, or machine has been reasonably approved by Landlord, which approval may be conditioned upon the payment by Tenant, as Additional Rent, of the cost of the additional electrical energy and modifications to the Building’s electrical system required for the operation of such electrical equipment, appliance or machine. Landlord shall have the right to charge Tenant for the cost of its electricity consumption beyond Building Hours or in excess of five (5) xxxxx per square foot of rentable area of the Leased Premises and for the cost of any additional wiring or other improvements to the Building as may be occasioned by or required as a result of any such excess use. In the event of any excessive consumption of any utilities (including without limitation any consumption beyond Building Hours), Landlord shall be entitled to require that Tenant install in the Leased Premises (at Tenant’s cost and in a location approved by Landlord) meters or submeters to measure Tenant’s utility consumption for the Leased Premises or for any specific equipment causing excess consumption, as Landlord shall require; in which case, Tenant shall maintain in good order and repair (and replace, if necessary) such meters or submeters. If separate meters are installed for measuring Tenant’s use of any utilities, then charges for such utilities shall be paid directly by Tenant to the appropriate utility company. If submeters are installed for measuring Tenant’s consumption of any utilities, Tenant shall pay the costs of the same to Landlord as Additional Rent, within thirty (30) days of its receipt of a xxxx therefor based on such submeter readings.

Electrical Energy. As part of the Tenant Work, Landlord shall cause a separate direct meter to be installed in the Leased Premises to monitor the amount of electricity used to operate the lights and any equipment, machinery or other items connected to the power outlets in the Leased Premises. The cost of all electricity furnished to the Leased Premises will be billed to Tenant directly from the appropriate utility company furnishing such electricity. Tenant shall promptly pay all bills for such service. Tenant shall maintain in good order and repair (and replace, if necessary) the separate meter serving the Leased Premises. Landlord shall be under no obligation to furnish electrical energy to Tenant in amounts greater than needed for lighting and normal and customary items of equipment for general office purposes (i.e., not more than an average of five six (56) xxxxx per square foot of the Leased Premises, exclusive of the HVAC Service), and Tenant shall not install or use within the Leased Premises any electrical equipment, appliance or machine which shall require amounts of electrical energy exceeding such standard wattage provided for the Building, unless the installation and use of such additional electrical equipment, appliance, or machine has been reasonably approved by Landlord, which approval may be conditioned upon the payment by Tenant, as Additional Rent, of the cost of the additional electrical energy and modifications to the Building’s electrical system required for the operation of such electrical equipment, appliance or machine. Landlord shall have the right to charge Tenant for the cost of its electricity consumption beyond Building Hours or in excess of five (5) xxxxx per square foot of rentable area of the Leased Premises and for the cost of any additional wiring or other improvements to the Building as may be occasioned by or required as a result of any such excess use. In the event of any excessive consumption of any utilities (including without limitation any consumption beyond Building Hours)that are not separately metered or submetered for the Leased Premises, Landlord shall be entitled to require that Tenant install in the Leased Premises (at Tenant’s cost and in a location approved by Landlord) meters or submeters to measure Tenant’s utility consumption for the Leased Premises or for any specific equipment causing excess consumption, as Landlord shall require; in which case, Tenant shall maintain in good order and repair (and replace, if necessary) such meters or submeters. If separate meters are installed for measuring Tenant’s use of any utilities, then charges for such utilities shall be paid directly by Tenant to the appropriate utility company. If submeters are installed for measuring Tenant’s consumption of any utilities, Tenant shall pay the costs of the same to Landlord as Additional Rent, within thirty fifteen (3015) days of its receipt of a xxxx therefor based on such submeter readings.

Electrical Energy. 15.01 Landlord shall be under no obligation furnish to furnish Tenant on a "rent inclusion basis" alternating electrical energy to Tenant through the transmission facilities installed by Landlord in amounts greater than needed for lighting and normal and customary items of equipment for general office purposes (i.e., not more than an average of five (5) xxxxx per square foot of the Leased Premises), and Tenant shall not install or use within the Leased Premises any electrical equipment, appliance or machine which shall require amounts of electrical energy exceeding such standard wattage provided for the Building, unless to be used by Tenant in the installation and use of Demised Premises in such additional electrical equipment, appliance, or machine has been reasonably approved by Landlord, which approval reasonable quantities as may be conditioned upon the payment required by Tenant, as Additional Rent, of the cost of the additional electrical energy and modifications to the Building’s electrical system required Tenant for the operation of such lighting fixtures and office equipment and machinery. The total charge for electrical equipmentenergy in the sum of $6,472.50 (the "Electrical Energy Sum") is included in the Fixed Rent set forth in Section 1.04(A) of this Lease. Except as provided in Section 15.02(D), appliance the Electrical Energy Sum shall not be reduced below the amount set forth in this Section 15.01 but may be increased as hereinafter provided. (A) If the cost to Landlord of electricity shall be increased subsequent to the date of execution of this Lease by any change in Landlord's electric rate charges, fuel adjustment or machine. service classifications, or by taxes or charges of any kind imposed thereon, or for any other reason, the Electrical Energy Sum reserved herein shall be changed in the same proportion to the increase in the cost of electricity to Landlord. (B) At any time after the Commencement Date, Landlord shall have the right option, but not the obligation, to charge Tenant for the cost of its electricity consumption beyond Building Hours or in excess of five have a reputable independent electrical engineer selected by Landlord make a survey (5a "Survey") xxxxx per square foot of rentable area of the Leased electrical equipment, usage and power load to ascertain if the actual cost to Landlord of current electric consumption and demand in the Demised Premises exceeds the electrical energy sum set forth in Section 15.01 (or the Electrical Energy Sum as theretofore adjusted) and for to calculate the cost increase in the Electrical Energy Sum, if any, to be made on the basis of the Survey. (C) Whenever at any additional wiring time during the Term an adjustment in the Electrical Energy Sum shall be due by Landlord in accordance with the provisions of subsection (A) or other improvements to the Building as may be occasioned by or required as a result (B) of any such excess use. In the event of any excessive consumption of any utilities (including without limitation any consumption beyond Building Hours)this Section, Landlord shall be entitled furnish to require that Tenant install a statement in writing of Landlord's determination of the Leased Premises (at Tenant’s cost amount of said adjustment in Fixed Rent and in a location approved by Landlord) meters or submeters to measure Tenant’s utility consumption the basis for the Leased Premises or for any specific equipment causing excess consumptioncomputation of same. The amount of such adjustment in Fixed Rent, as Landlord specified in any such statement of Landlord, shall require; in which case, Tenant shall maintain in good order and repair (and replace, if necessary) such meters or submeters. If separate meters are installed for measuring Tenant’s use of any utilities, then charges for such utilities shall be paid directly by Tenant to become binding upon the appropriate utility company. If submeters are installed for measuring Tenant’s consumption of any utilities, Tenant shall pay the costs of the same to Landlord as Additional Rentparties hereto unless, within thirty (30) days after Landlord shall have furnished to Tenant such statement, Tenant notifies Landlord in writing that Tenant disputes the amount of its receipt such adjustment in Fixed Rent so determined by Landlord, in which event the amount of such adjustment in Fixed Rent shall, unless otherwise mutually agreed upon, be determined by informal arbitration in accordance with the provisions of Article 32. Pending the resolution of such dispute, Tenant shall pay to Landlord the amount of such adjustment in Fixed Rent specified in Landlord's statement. Any such adjustment in Fixed Rent shall become effective as of the effective date of any increase in the cost to Landlord of electricity, or as of the date of the making of a xxxx therefor based on Survey. (D) Landlord, at any time, at its option and upon not less than thirty (30) days' prior written notice to Tenant, may discontinue the furnishing of electrical energy to the Demised Premises. In such submeter readingscase, Tenant shall contract for the supplying of such electrical energy with the public utility company supplying electrical energy to the Building and Landlord shall permit its wires, risers, conduits, feeders and switchboards, to the extent available, suitable and safely capable, to be used for the purpose of supplying such electrical energy; provided, however, that Tenant, at Tenant's cost and expense, shall furnish and install at such location in the Building as Landlord shall designate, and shall maintain and keep in repair, any such additional wires, risers, conduits, feeders, switchboards and metering equipment as shall be necessary for the purpose of supplying such electrical energy to Tenant or measuring Tenant's consumption of electrical energy so supplied to Tenant by said public utility company. In the event that Landlord shall exercise said option, the Fixed Rent payable under this Lease (including any adjustment therein pursuant to the Article) shall, effective as of the date of such discontinuance of Landlord's furnishing of electrical energy to the Demised Premises, be reduced by an amount equal to the Electrical Energy Sum (as same may have theretofore been adjusted in accordance with this Article) (E) Tenant's use of electrical energy shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. Tenant agrees that Tenant shall not make any alteration or addition to the wiring, outlets or other components of the electrical system of the Demised Premises or make any alteration or addition to the electrical equipment and/or appliances in the Demised Premises (except for ordinary lighting fixtures, typewriters and similar low current office equipment), without the prior written consent of Landlord in each instance. In the event that Tenant shall require additional electrical energy for use in the Demised Premises and if, in Landlord's sole judgment, Landlord's facilities are inadequate for such additional requirements, and if electrical energy for such additional requirements is available to Landlord, Landlord, upon written request and at the sole cost and expense of Tenant, will furnish and install such additional wires, risers, conduits, feeders and switchboards as may be reasonably required to supply such additional requirements of Tenant provided (1) that the same shall be permitted by applicable laws and not in violation of any insurance regulations or recommendations, (2) that, in Landlord's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs or interfere with or disturb other tenants or occupants of the Building, and (3) that Tenant, at Tenant's sole expense, concurrently with the making of such written request, shall execute and deliver to Landlord Tenant's written undertaking, with a surety and in form and substance satisfactory to Landlord, obligating Tenant to fully and promptly pay the entire cost and expense of so furnishing and installing any such additional wires, risers, conduits, feeders and/or switchboards. (F) Landlord shall in no way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if, during the Term, either the quantity or character of electrical energy is changed or is no longer available for Tenant's requirements. (G) Landlord shall in no way be liable for any failure of or defect in the character or supply of electrical energy furnished to the Demised Premises.

Electrical Energy. Landlord shall be under no obligation to furnish electrical 7.01 Electrical energy to consumed by Tenant in amounts greater than needed the Demised Premises through wall and floor outlets, for lighting and normal business equipment shall be separately metered and customary items purchased by Tenant from the utility supplying electricity to the Building. Tenant shall install as part of equipment Tenant's Work on the electrical meter for general office purposes (i.e.the Demised Premises. Landlord shall install at its own cost the risers, to the Demised Premises sufficient to provide the Demised Premises with electrical energy, in a safe and suitable manner, equal to 1000 amps. Electricity for heating, ventilating and air conditioning including for any fan used in connection therewith during Regular Business Hours shall not more be included on such meter and shall be paid for by the Landlord. Tenant shall pay to Landlord, as additional rent, the cost of electricity for heating, ventilating and air conditioning including for any fan used in connection therewith, in the Demised Premises during other than an average Regular Business Hours pursuant to Article 8.01. 7.02 Landlord's and Tenant's obligations to make the adjustments and payments referred to in this Article shall survive any expiration or termination of five (5) xxxxx per square foot this Lease. 7.03 Tenant covenants and agrees that at all times its use of electrical current shall not exceed the Leased Premises)capacity of existing feeders to the Building or the risers, conduits, or wiring installation in the Building, and Tenant shall not install or use within the Leased Premises any electrical equipmentequipment which, appliance in Landlord's opinion reasonably exercised, will overload such installations or machine which shall require amounts interfere with the use thereof by other tenants of the Building. In this connection, Landlord agrees, at Tenant's cost and expense, as an item of extra material and work, to supply and jnstall an electric meter or meters to measure Tenant's consumption of electrical energy exceeding such standard wattage throughout the Demised Premises. 7.04 Tenant may purchase from Landlord, at Landlord's option, all replacements of electric fluorescent tubing and shall pay Landlord for installing same. 7.05 Tenant shall be provided for access to Landlord's Emergency Stand-by Electric Generator ("ESEG") sufficient to furnish 200 KW of electric energy from the Building's ESEG. Tenant acknowledges that the Building's ESEG is intended to supply electric energy to the Demised Premises only in the event of a temporary failure of the supply of electric energy to the Building provided by the public electric utility supplier. Tenant further acknowledges that Landlord does not warranty, unless guarantee or has ever represented that the installation Building's ESEG will in fact operate to supply the Demised Premises with temporary electric energy in the event of temporary failure of the supply of electric energy to the Building by the public electric utility supplier. Neither Landlord nor any agent or employee of Landlord shall be liable to Tenant, its employees, agents, contractors and use licensees, and Tenant shall hold Landlord harmless from any injury or damage to Tenant, including by way of such additional electrical equipmentexample and not limitation, appliancedamage, loss or machine has been reasonably approved injury to Tenant's computer hardware, software or computer stored data or interruption of Tenant's business, in the event that the Building's ESEG fails to provide temporary electric energy in the event of a temporary emergency failure of the electric power supply to the Building and the Demised Premises by the public electric utility supplier. 7.06 Landlord, which approval may at Tenant's cost and expense, shall cause the Demised Premises to be conditioned upon connected with the payment Building's ESEG for use in the event of a temporary emergency failure to the electric power supply to the Building and the Demised Premises provided by Tenantthe public utility supplier. In addition to the connection charge, Tenant stall pay directly to the Landlord, as and for Additional RentRent under the Lease, of $40,000.00 for access to the Building's ESEG, payable $3,333.33 per month commencing on the Commencement Date and ending on the Lease Expiration Date (the "ESEG Charge"). The ESEG Charge shall be subject to adjustment upward from time to time if the cost of the additional electrical energy and modifications providing same is increased to the Building’s electrical system required for Landlord with an appropriate adjustment to the operation of such electrical equipment, appliance or machine. Landlord shall have the right to charge Tenant for the cost of its electricity consumption beyond Building Hours or in excess of five (5) xxxxx per square foot of rentable area monthly payment of the Leased Premises and for the cost of any additional wiring or other improvements to the Building as may be occasioned by or required as a result of any such excess use. In the event of any excessive consumption of any utilities (including without limitation any consumption beyond Building Hours), Landlord shall be entitled to require that Tenant install in the Leased Premises (at Tenant’s cost and in a location approved by Landlord) meters or submeters to measure Tenant’s utility consumption for the Leased Premises or for any specific equipment causing excess consumption, as Landlord shall require; in which case, Tenant shall maintain in good order and repair (and replace, if necessary) such meters or submeters. If separate meters are installed for measuring Tenant’s use of any utilities, then charges for such utilities shall be paid directly by Tenant to the appropriate utility company. If submeters are installed for measuring Tenant’s consumption of any utilities, Tenant shall pay the costs of the same to Landlord as Additional Rent, within thirty (30) days of its receipt of a xxxx therefor based on such submeter readingsESEG Charge.