Electrical Service. 1 A. Subject to the other provisions of this Article 7, Landlord shall furnish to the 3 square foot of Usable Area of alternating electric current, exclusive of electricity required to operate the 4 base Building systems, provided that the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this Lease. Such services shall be provided as set forth in the Work Letter. The 10 distribution of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plans. Landlord shall furnish to the DX units serving 12 each floor of the Demised Premises, through the distribution facilities to be installed as provided in the 13 Work Letter, alternating electric current in a type and amount required to operate such DX units and 14 Tenant's Special Equipment. 15 B. The electric current for the Premises, the DX units, Tenant's Special Equipment, 16 service elevator corridors located within the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by Tenant, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, and Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current in the foregoing areas. 24 Notwithstanding the foregoing the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for the cost of the installation and maintenance thereof, which cost shall be equal to 28 Landlord's Cost therefor). If Landlord determines that it is not reasonably feasible to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive. 1 C. Landlord and its agents shall be permitted access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice shall be required). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to make repairs in the Demised Premises.
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Electrical Service. 1 A. Subject to the other provisions of this Article 7, Landlord shall furnish to the 3 Premises, beginning upon the Commencement Date, through the distribution facilities serving the Building, an electricity demand load of seven (7) xxxxx per usable square foot of Usable Area of alternating electric currentfoot, exclusive of electricity required to operate the 4 base Building systemssystems (including the HVAC System, provided that both in the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting central plant and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this LeaseDX Units). Such services shall be provided as set forth at an electrical panel in the Work Letter. The 10 distribution of electricity from base Building electrical closets on the bus duct shall be transformed, sized and configured as per the 11 electrical drawings floor of the Final Basic Building PlansPremises. Landlord shall furnish to the Premises DX units serving 12 each floor of the Demised Premises, Units through the distribution facilities to be installed as provided by Landlord in the 13 Work LetterBuilding, alternating electric current in a type and amount required to operate such the DX units and 14 Tenant's Special EquipmentUnits.
15 B. The electric current for the Premises, the DX unitsUnits, Tenant's Special Equipmentcore toilet rooms, 16 core electrical closets, core telecommunication closets, core janitor closets, service elevator corridors located within the Premises lobbies and all other electrical, telecommunications and 17 DX Units mechanical equipment exclusively serving the Premises room(s) (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by TenantLandlord, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, and maintained by Landlord, at Tenant’s cost and expense; and beginning upon the Commencement Date Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's ’s consumption of/demand for alternating current in the foregoing areas. 24 Notwithstanding the foregoing foregoing, (a) Tenant shall not be obligated to pay any electricity charges for any emergency power in accordance with the terms of Section 6.01I hereof and (b) the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for Additional Rent the cost of the installation and maintenance thereof, which cost shall be equal to 28 Landlord's Cost ’s Charge therefor). If Landlord determines that it is not reasonably feasible .
C. Subject to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 10 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive.
1 C. Landlord and its agents shall be permitted have the right to enter the Premises (and all other accessible parts of the core on the floor of the Premises) to access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice Notice shall be required). 4 Tenant shall supply, at Tenant's ’s cost, adequate electric lighting and electric power to Landlord or 5 Landlord's ’s contractors to clean and make repairs in the Demised Premises.
Appears in 1 contract
Samples: Lease Agreement (Olo Inc.)
Electrical Service. 1 A. Subject to the other provisions of this Article 77 and Exhibit O-2 attached hereto, Landlord represents that the Building design limits shall furnish be capable of furnishing to the 3 Premises beginning upon the Commencement Date, through the distribution facilities to be installed by Landlord, an electricity demand load of seven (7) xxxxx per "usable square foot of Usable Area of feet" alternating electric current, exclusive of electricity required to operate the 4 base Building systemssystems (including the HVAC system, provided that both in the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting central plant and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this LeaseDX Units). Such services shall be provided as set forth at an electrical panel in the Work Letter. The 10 distribution base Building electrical closets, distributed therefrom to the Premises as required by Building Standards and the first sentence of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plans. Section 7.01B. Landlord shall furnish furnish, at Tenant's expense in accordance with Section 7.01D, to the DX units serving 12 each floor of the Demised PremisesUnits, through the distribution facilities to be installed as provided by Landlord in the 13 Work LetterBuilding, alternating electric current in a type and amount required to operate such the DX units and 14 Tenant's Special EquipmentUnits serving the floor of the Premises.
15 B. The Except with respect to emergency power as set forth in Section 6.01I and power to the DX Units serving the floor of the Premises, the electric current for the Premises, the DX units, Tenant's Special Equipment, 16 service elevator corridors located within the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any electricity furnished by any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by TenantLandlord, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, and beginning upon the Commencement Date Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current in the foregoing areas, provided, however, and pursuant to the provisions in Section 7.01D hereof, that Tenant shall pay to Landlord, as Additional Rent, a monthly amount for its proportionate share of the electrical charge for the DX Units serving the the floor of Premises. 24 Notwithstanding the foregoing foregoing, (a) Tenant shall not be obligated to pay any electricity charges for any emergency power in accordance with the terms of clause (c) of Section 6.01I hereof and (b) the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed at Tenant's request in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for the cost of the installation and maintenance thereof, which cost shall be equal to 28 Landlord's Cost Charge therefor). If Landlord determines that it is not reasonably feasible .
C. Subject to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 10 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive.
1 C. Landlord and its agents shall be permitted have the right to enter the Premises (and all other accessible parts of the core on the floor of the Premises) to access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice Notice shall be required). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to clean and make repairs in the Demised Premises.
D. Tenant shall, commencing as of the Commencement Date, pay to Landlord within twenty (20) days after demand therefor, as Additional Rent, Tenant's proportionate share (it being agreed that such proportionate share shall be deemed to be 56.53%) of the consumption of, or demand for, alternating current for the DX Units serving the floor of the Premises between the hours of 6:00 A.M. and 6:00 P.M. New York City time on Business Days, of the actual sub-metered electricity, such cost to be computed using the Electric Rates.
Appears in 1 contract
Electrical Service. 1 A. Subject to the other provisions limitation of this Article 7Paragraph 4, Landlord shall furnish electrical service to the 3 square foot of Usable Area of alternating electric current, exclusive of electricity required to operate the 4 base Building systems, provided that the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this Lease. Such services shall be provided as set forth in the Work Letter. The 10 distribution of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plans. Landlord shall furnish to the DX units serving 12 each floor of the Demised Premises, through the distribution facilities to be installed as provided in the 13 Work Letter, alternating electric current in a type and amount required to operate such DX units and 14 Tenant's Special Equipment.
15 B. The electric current for the Premises, including providing and installing all Building standard replacement lighting tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on a monthly basis the DX units, Tenant's Special Equipment, 16 service elevator corridors located within the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms cost of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained such excess power consumed by Tenant, 21 at its cost and expense. Consumption will be determined, at such location(sLandlord’s election, either (a) reasonably by a survey performed by a reputable consultant selected by Landlord, or (b) through separate meters or submeters installed, maintained and Tenant read by Landlord at Tenant’s cost. For purposes of this Paragraph 4 only, “month” and “monthly” shall pay 22 monthly to Landlord such amounts (which mean any billing period used by the utility or other power provider supplying electricity. All installations of electrical fixtures, appliances and equipment within the Premises other than normal office equipment shall be computed subject to Landlord’s reasonable prior approval, and if they materially affect the temperature or humidity otherwise maintained, Landlord may, at Tenant’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by using the Electric Rates, as hereinafter 23 definedinvoices or other reasonably satisfactory evidence), on the basis of Tenant's consumption of/demand for alternating current in the foregoing areasinstall supplemental air conditioning units. 24 Notwithstanding the foregoing the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for the cost of the installation and maintenance thereof, which cost shall be equal to 28 Landlord's Cost therefor). If Landlord determines that it is not reasonably feasible to meter any portion 29 of Tenant’s use of electricityelectricity shall never exceed Tenant’s share of the capacity of existing feeders to the Building or of the risers, then such usage wiring installations and transformers serving the floor(s) containing the Premises. Landlord shall provide 811311.04/WLA 378421-00002/2-14-20/mem/mem EXHIBIT F -1- 000 XXXXXXX XXXXXXXXX [Akero Therapeutics, Inc.] up to 3.5 xxxxx per usable square foot (demand) of riser and floor panel electrical capacity averaged over the floor being serviced. Tenant shall be determined from a survey allocated an approximate 2.0 xxxxx per usable square foot for power and 1.5 xxxxx per usable square foot for lighting. Any risers or wiring necessary to meet Tenant’s excess electrical requirements will be installed by Landlord on Tenant’s request, at Tenant’s sole cost and expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord (to be paid in advance), but only if in Landlord’s good faith belief, they are necessary and will not cause damage to the Building or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performeddangerous condition, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such surveyentail excessive or unreasonable alterations, Tenantrepairs or expense, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusivedisturb other occupants.
1 C. Landlord and its agents shall be permitted access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice shall be required). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to make repairs in the Demised Premises.
Appears in 1 contract
Electrical Service. 1 A. Subject to the other provisions of this Article 7, Landlord shall furnish electric energy in reasonable amount for operation of the fixtures, appliances and equipment hereinafter referred to for the Electrical Energy Charge as provided in Article I and Section 2.10 hereof, except as hereinafter provided. If Tenant shall require electrical energy for use in the Premises in excess of such reasonable amounts to be furnished, Tenant, at Tenant's expense, shall, if Landlord so elects, install a separate meter(s) for all or any portion or portions of Tenant's electrical energy use and Tenant shall pay for electricity so metered. Upon the installation of such separate meter(s), provided the same accounts for Tenant's total electrical energy usage in the Premises, Tenant shall cease to be obligated to pay the Electrical Energy Charge attributable to any period thereafter. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric energy furnished on the Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity. Tenant's use of electric energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the 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 written consent in each instance, connect to the 3 square foot Building electric distribution system any fixtures, appliances or equipment (other than lamps, typewriters, small computers, and similar small office machines which operate on a voltage not in excess of Usable Area 110 and which do not require high levels of alternating current) or make any alteration or addition to the electric currentsystem of the Premises. Should Landlord grant such consent, exclusive all additional risers or other equipment required therefor shall be provided by Landlord and the reasonable cost thereof shall be paid by Tenant upon Landlord' s demand. Landlord reserves the right to discontinue furnishing electric energy to Tenant in the Premises at any time upon not less than 30 days notice to Tenant. If Landlord shall exercise such right of electricity termination, from and after the effective date of such termination Landlord shall not be obligated to furnish electric energy to Tenant and thereupon Tenant shall cease to be obligated to pay the Electrical Energy Charge attributable to any period thereafter. If Landlord shall so 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. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same 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 operate the 4 base Building systems, provided that the branch circuits initially obtain electric energy directly from such public utility company shall be installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of at Tenant's Work upon and subject to the 9 applicable terms expense before discontinuance of this Lease. Such services shall be provided as set forth in the Work Letter. The 10 distribution of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plansservice. Landlord shall furnish to the DX units serving 12 each floor of the Demised Premises, through the distribution facilities to be installed as provided in the 13 Work Letter, alternating electric current in a type and amount required to operate such DX units and 14 Tenant's Special Equipment.
15 B. The electric current for the Premises, the DX units, Tenant's Special Equipment, 16 service elevator corridors located within the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by Tenant, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, and Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current in the foregoing areas. 24 Notwithstanding the foregoing the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for the cost of the installation and maintenance thereof, which cost shall be equal to 28 Landlord's Cost therefor). If Landlord determines that it is not reasonably feasible to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive.
1 C. Landlord and its agents shall be permitted access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice shall be required). 4 Tenant shall supply, install at Tenant's costexpense all replacement lighting tubes, adequate electric lighting lamps, bulbs, and electric power to Landlord or 5 Landlord's contractors to make repairs ballasts required in the Demised Premises. EXHIBIT C [diagram intentionally omitted] EXHIBIT D RULES AND REGULATIONS One Boston Place is a Premier business address in Boston, as such we have worked very hard to create the most positive environment possible for you and your employees to conduct business in an orderly, clean and desirable premises. We have endeavored to minimize our formal Rules and Regulations. However, in order to maintain the positive business environment which initially attracted you as a tenant and minimize the interference by others to your premises, we anticipate your cooperation in observing the following Rules and Regulations prescribed by the Owner. Please note that the term "Tenant" as used in these Rules and Regulations includes its officers, agents, employees, vendors, clients and guests.
Appears in 1 contract
Electrical Service. 1 A. Subject (i) Landlord shall bring electrical service capacity to the other provisions of this Article 7, Landlord shall furnish to the 3 square foot of Usable Area of alternating electric current, exclusive of electricity required to operate the 4 base Building systems, provided that the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting and convenience power electric closet on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this Lease. Such services shall be provided as set forth sufficient for electrical usage in the Work LetterPremises of at least eight (8) xxxxx per usable square foot connected load (the “Minimum Electrical Capacity”). The 10 distribution of electricity from Landlord and Tenant agree that in the bus duct shall be transformedevent that Landlord and Tenant, sized working jointly and configured as per cooperatively with their respective engineers, hereafter determine that Tenant’s electrical needs for the 11 electrical drawings Premises will exceed the Minimum Electrical Capacity (by reason of the Final Basic Building Plans. Landlord shall furnish to the DX units serving 12 each floor of the Demised Premises, through the distribution facilities improvements and equipment to be installed in the Premises in connection with the Tenant Work or otherwise), then Tenant may (at its cost), upon the approval of Landlord of the method of doing so (which approval shall not be unreasonably withheld), cause the electrical capacity of the Premises to be increased to the electrical capacity so determined by Landlord and Tenant (and their respective engineers), so long as such activity does not delay Landlord’s performance of the Landlord Work or otherwise give rise to any additional costs or liabilities to Landlord (unless Tenant agrees to pay the same). In the event that a dispute arises between Landlord and Tenant as to whether Tenant has a need for or right to an increase in the electrical capacity to be provided to the Premises as provided in the 13 Work Letterpreceding sentence, alternating electric current such dispute shall be resolved pursuant to the Workletter Dispute Procedures set forth in a type and amount required to operate such DX units and 14 Tenant's Special EquipmentSection 15 of the Workletter.
15 B. The electric current (ii) Tenant shall (a) make its own arrangements with the local electrical distribution utility reasonably designated by Landlord for the Building for the delivery of electricity to the Premises, and (b) from time to time make its own arrangements with the local electrical distribution utility which provides service to the Building for the supply of electricity for the Premises. Tenant shall pay, as and when due, directly to the DX unitslocal electrical distribution utility for the delivery of electricity to the Premises; provided, Tenant's Special Equipmenthowever, 16 service elevator corridors located within that if for any reason Tenant is not billed directly for electrical service, Landlord shall forward each xxxx received by it with respect to the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by Tenant, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, to Tenant and Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current in the foregoing areas. 24 Notwithstanding the foregoing the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed it promptly in accordance with the terms its terms. Landlord agrees that no other tenant shall be permitted to install any electrical distribution equipment in any electrical closet located on any full floor leased to Tenant hereunder, subject to Landlord’s right to install therein conduit or other reasonable utility installations that do not interfere with Tenant’s use of the second Premises, for the benefit of more than one floor of the Building. Tenant shall not gain access to, or place any property or equipment in, the electrical or riser closets in the Building (2ndincluding any located within the Premises) sentence without the prior consent of Section 7.02 26 hereof may Landlord, which consent shall not be measured with coincident demand unreasonably withheld.
(it being agreed that iii) Landlord shall be responsible, and shall pay separately, for all electricity for the Common Areas (including those necessary for Landlord to furnish Building Services), and Landlord’s Actual Cost thereof shall be included in Operating Expenses.
(iv) If Tenant’s use of electricity in any portion of the Building located outside of the Premises is not separately metered for any reason, Tenant shall pay Landlord as 27 additional rent Additional Rent, in monthly installments at the time prescribed for the cost monthly installments of the installation Net Rent, an amount, as reasonably estimated by Landlord from time to time (and maintenance thereof, which cost shall be equal to 28 Landlord's Cost therefor). If Landlord determines that it is not reasonably feasible to meter any portion 29 of confirmed by Tenant’s use of electricityengineers), then such usage shall be determined from a survey at Tenant’s expense 30 and based upon evaluations made by a reputable independent electrical an engineer or consultant selected by Landlord and reasonably approved by Tenant, that Tenant otherwise would pay for such electricity. Said estimated amount shall be as if the same were separately metered to the Premises by the local electric utility company and billed to Tenant at such utility company’s then-current rates for similar customers. Tenant shall, at its sole cost and expense (as a component of the Tenant Work), install all electrical meters for all portions of the Initial Premises (and any expansion space leased by Tenant hereunder, except to the extent provided to the contrary in the Current Market Terms, if applicable to such expansion space).
(v) Tenant shall make no alterations or a qualified 31 member additions to the electric equipment or appliances used within or serving the Premises which would overload the CT cabinets or switches on any floor of the Premises (taking into consideration any increase in the electrical capacity of the Premises effected pursuant to Paragraph 6(E)(i) above); provided, however, that Tenant shall have the right, subject to Landlord’s in-house personnel. If Landlord causes any such survey approval, not to be performedunreasonably withheld (but subject to the other applicable provisions of the Workletter, 32 if part of the Tenant Work, or Article 7 hereof), to (a) bring electricity from one floor of the Premises to another, and (b) install additional CT cabinets, switches, transformers and other electrical distribution equipment and, if necessary, to construct within the Premises additional vaults for that purpose. Any work performed by Tenant affecting the Building’s electrical system shall be subject to the terms of the Workletter (if part of the Tenant Work) or Article 7 hereof. Tenant covenants and agrees that at all times its use of electrical current shall never exceed the capacity of the feeders to the Building or the wiring installed in risers of the Building (as such capacity may be increased as provided in Paragraph 6(E)(i) above).
(vi) Landlord shall send a copy of such survey agrees to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of furnish to Tenant, upon Tenant’s written request, at Landlord’s findings Actual Cost, all replacement lamps, bulbs, ballasts and other lighting components used in the Premises, provided the same are customarily used in the Building or are otherwise furnished by Tenant to Landlord. Unless Tenant makes such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second surveyrequest, Tenant shall deliver Notice have the right to Landlord of the results thereof. If furnish all such 38 determination differs from that of Landlord by 10% or lesslamps, Landlord’s findings shall be conclusive bulbs, ballasts and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, starters as Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant require (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive.
1 C. Landlord and its agents shall be permitted access subject to the electric closets and use of union labor, if the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no Building uses union labor for such Routine Notice or oral notice shall be requiredactivities). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to make repairs in the Demised Premises.
Appears in 1 contract
Samples: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Electrical Service. 1 A. Subject Landlord reserves the right to petex xxx Premises or any portion thereof separately, and if the Premises (or any portion thereof), are so separately metered, Tenant shall pay all electricity furnished to the Premises which is so separately metered. Tenant shall not, without Landlord's prior written consent, use any equipment, including without limitation, electronic data processing machines, punchcard machines, duplicating machines, mainframe computers, photocopiers, printers or other provisions machines which use electric current in excess of this Article 7110 volts, Landlord shall furnish to which will increase the 3 square foot of Usable Area of alternating electric current, exclusive amount of electricity required to operate ordinarily furnished for use of the 4 base Building systems, provided Premises as general office space or which require clean circuits or other special distribution circuits. If Tenant desires additional 110 volt electrical power beyond that the branch circuits initially installed supplied by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (includingprovided above, without 6 limitation, lighting and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this Lease. Such services shall be provided as set forth in the Work Letter. The 10 distribution of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plans. Landlord shall furnish to the DX units serving 12 each floor of the Demised Premises, through the distribution facilities to be installed as provided in the 13 Work Letter, alternating electric current in a type and amount required excess of 110 volts, or other special power requirements or circuits, then Tenant may requires Landlord to operate provide such DX units and 14 Tenant's Special Equipment.
15 B. The electric current for supplemental power to the Premises, which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord on demand, the DX units, Tenant's Special Equipment, 16 service elevator corridors located within the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms cost of the second (2nd) sentence design, installation and maintenance of 19 Section 7.02 hereof) shall the facilities required to provide such additional or special electrical power or circuits and the cost of all electrical currents so provided at a rate not to exceed that which would be measured charged by submeter(s) with coincident demand (and shall be billed as the power company providing electric service to the Building, or its successor, if 20 there was only one (1) submeter provided therefor in Tenant were a direct customer thereof. Landlord may require separate electrical metering of such supplemental electrical power or circuits to the aggregate), installed and maintained by Tenant, 21 at its cost and expense, at such location(s) reasonably selected by LandlordPremises, and Tenant shall pay 22 monthly pay, upon demand, the cost of design, installation and maintenance of such metering facilities. In no event shall Tenant have access to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current any electrical closets in the foregoing areas. 24 Notwithstanding the foregoing the submeter(s) for any supplemental bus duct tapsBuilding, separate risers and/or 25 any other items installed in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for the cost of the installation and maintenance thereofany electrical engineering, which cost design or contract work shall be equal to 28 Landlord's Cost therefor). If Landlord determines that it is not reasonably feasible to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected performed by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made electrical engineer and/or electrical contractor designated by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive.
1 C. Landlord and its agents shall be permitted access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice shall be required). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to make repairs in the Demised Premisesexpense.
Appears in 1 contract
Electrical Service. 1 A. Subject (i) As more fully described in Exhibit H, the Landlord’s Work includes a high voltage electrical riser and transformer vaults and transformers located on each floor, all of which shall be owned and operated by the local electrical distribution utility. Except for Landlord’s obligation to complete the Landlord’s Work, Tenant shall (a) make its own arrangements with the local electrical distribution utility for the delivery of electricity to the Premises, and (b) from time to time make its own arrangements with the local electrical distribution utility or other provisions of this Article 7, Landlord shall furnish to supplier selected by Tenant for the 3 square foot of Usable Area of alternating electric current, exclusive supply of electricity required to operate the 4 base Building systems, provided that the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this Lease. Such services shall be provided as set forth in the Work Letter. The 10 distribution of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plans. Landlord shall furnish to the DX units serving 12 each floor of the Demised Premises, through the distribution facilities to be installed as provided in the 13 Work Letter, alternating electric current in a type and amount required to operate such DX units and 14 Tenant's Special Equipment.
15 B. The electric current for the Premises, subject to Landlord’s approval of any such other supplier, such approval shall not be unreasonably withheld. Tenant shall pay, as and when due, directly to (x) the DX unitslocal electrical distribution utility for the delivery of electricity to the Premises, Tenant's Special Equipmentand (y) the local electrical distribution utility or other supplier selected by Tenant as aforesaid for the supply of electricity for the Premises; provided, 16 service elevator corridors located within however, that if for any reason Tenant is not billed directly for electrical service, Landlord shall forward each xxxx received by it with respect to the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by Tenant, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, to Tenant and Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current in the foregoing areas. 24 Notwithstanding the foregoing the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed it promptly in accordance with the terms its terms. Landlord agrees (1) that subject to Landlord review and approval, which shall not be unreasonably withheld, Tenant may install electrical distribution equipment in any electrical closet located on any floor on which a portion of the second Premises is located and (2nd2) sentence that, in the case of Section 7.02 26 hereof may any full floor leased to Tenant hereunder, and (2) that no other tenant shall be permitted to install any equipment therein, subject to Landlord’s right to install therein conduit for the benefit of more than one floor of the Building.
(ii) Landlord shall be responsible for providing electricity for (a) the Common Areas and the other service or utility areas of the Building, including that necessary for Landlord to operate the elevators and provide HVAC and other services required by this Lease to be provided by it, and (b) the Shared Facilities (all of the foregoing being herein called the “Landlord Electricity”). Landlord has advised Tenant that Landlord contemplates Commonwealth Edison (“Landlord’s Electric Service Provider”) to be the utility company selected by Landlord to provide Landlord’s Electricity. Notwithstanding the foregoing, so long as the rates therefor are competitive with other comparable office buildings in downtown Chicago, if permitted by law, Landlord shall have the right at any time and from time to time to either contract for Landlord’s Electricity from a different company or companies providing electricity service at rates competitive with other electric service providers (each such company shall hereinafter be referred to as a “Landlord’s Alternate Service Provider” or continue to contract for Landlord’s Electricity from the Landlord’s Electric Service Provider, and in computing the amount of Operating Expenses and Shared Facilities Costs. Landlord shall take into account any lower rates or rebates received from or through Landlord’s Electric Service Provider or such Landlord’s Alternate Service Provider.
(iii) If Tenant’s use of electricity in any portion of the Building located outside of the Premises is not be measured with coincident demand (it being agreed that separately metered for any reason, Tenant shall pay Landlord as 27 additional rent Additional Rent, in monthly installments at the time prescribed for monthly installments of Net Rent, an amount, as reasonably estimated by Landlord from time to time (and confirmed by Tenant’s engineers), and based upon evaluations made by an engineer selected by Landlord and reasonably approved by Tenant, that Tenant otherwise would pay for such electricity. Said estimated amount shall be as if the cost same were separately metered to the Premises by the local electric utility company and billed to Tenant at such utility company’s then-current rates for similar customers.
(iv) Tenant shall make no alterations or additions to the electric equipment or appliances used within or serving the Premises which would overload the CT cabinets or switches on any floor of the installation Premises, provided, however, that, Tenant shall have the right, subject to Landlord’s approval, not to be unreasonably withheld, to (a) bring electricity from one floor of the Premises to another, and maintenance thereof(b) install additional CT cabinets, which cost switches, transformers and other electrical distribution equipment and, if necessary, to construct within the Premises additional vaults for those purposes. Work affecting the Building’s electrical system will be done by either Landlord’s Contractors or, if Tenant shall be equal to 28 so elect, contractors employed by Tenant and reasonably approved by Landlord's Cost therefor). If Landlord determines that it is not reasonably feasible to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey in both cases at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough any work performed by or on behalf of 44 ManhattanTenant. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse not limit Tenant (by either, to one or a limited number of contractors for this work. Tenant covenants and agrees that at all times its use of electrical current shall never exceed the sole option capacity of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive.
1 C. Landlord and its agents shall be permitted access feeders to the electric closets and Building or the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except risers installed therein as more fully described in the event of an emergency, when no such Routine Notice or oral notice shall be required). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to make repairs in the Demised PremisesExhibit H hereto.
Appears in 1 contract
Samples: Office Lease (Hyatt Hotels Corp)