Common use of Electrical Service Clause in Contracts

Electrical Service. In addition to Monthly Base Rent and Tenant's Share of Operating Expenses, Tenant shall pay with respect to the Base Year and each Adjustment Year, as additional rental, (i) Tenant's Share of all electrical service to the common areas of the Building ("Common Area Electrical Service") and (ii) the cost of electrical service to the Premises ("Premises Electrical Service") (the cost of the Common Area Electrical Service and the Premises Electrical Service, the "Electrical Cost"). In the event the electrical service to the Premises is submetered or otherwise measured in accordance with the provisions of Section 8.03, Tenant shall pay to Landlord the cost of such electrical service based upon rates determined by Landlord from time to time (which shall not exceed the amount Tenant would have been charged for such service by the local utility company furnishing such service). In the event electrical service to the Premises is not measured by a submeter or periodic determination by Landlord's engineers or other competent consultants selected by Landlord (or a combination of such methods), then Tenant shall pay to Landlord Tenant's Share of the cost of all electrical service to tenants in the Building which does not exceed Building standard consumption as established from time to time by Landlord. Tenant's Share shall be based upon the statements therefor received by Landlord from the electrical utility company providing such service, adjusted as Landlord determines appropriate to eliminate over-standard consumption. In the event that other tenants of the Building pay directly either to Landlord or third parties for electricity supplied to their respective premises (e.g. separately metered electricity), then Landlord shall adjust Tenant's Share by excluding from its calculation the rentable area of all tenants making such payments. The cost of electrical service shall include without limitation all fuel adjustment charges, demand charges, and taxes. If, during any period of time, the area of the Building is not ninety-five percent (95%) occupied, then, for purposes of this Section 4.06, Landlord may adjust the actual costs of electrical service that vary with the occupancy of the Building to Landlord's estimate of that amount which would have been paid or incurred by Landlord for electrical service had the Building been ninety-five percent (95%) occupied, and the costs of electrical service as so adjusted shall be deemed to be actual electrical costs for such calendar year. Landlord shall calculate the costs of electrical service (and any adjustment thereto as provided above) during 1996 in the same manner as, and consistent with, calculations to be made during subsequent years.

Appears in 4 contracts

Samples: Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc)

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Electrical Service. In addition to Monthly Base Rent and Landlord shall furnish electrical energy required for (a) lighting the Premises, (b) operating Tenant's Share of office equipment and other electrical appliances and equipment used in the Premises, and (c) operating the heat pump(s) supplying heat and cooling to the Premises. Tenant acknowledges that the electricity furnished by Landlord for the Building and Land shall be included as an Operating ExpensesExpense, to the end that Tenant shall pay with respect to the Base Year and each Adjustment Year, as additional rental, (i) be responsible for payment of Tenant's Share pro rata share thereof (to be determined generally as Tenant's Percentage of all electrical service to the common areas of the Building ("Common Area Electrical Service") and (ii) the cost of providing electrical service energy to the Premises ("Premises Electrical Service") (Building, as long as the cost Building is centrally metered, to the extent that Tenant's usage is not extraordinary). Landlord shall not be required to furnish electrical current for equipment that requires more than 120 volts or other equipment whose electrical energy consumption exceeds normal office usage. If Tenant's requirements for or consumption of electricity exceed the Common Area Electrical Service electricity to be provided by Landlord as described in this Section 10.13, Landlord shall, at Tenant's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises Electrical ServicePremises, the "Electrical Cost"). In the event the electrical service to the Premises is submetered or otherwise measured in accordance with the provisions of Section 8.03, and Tenant shall pay to Landlord the cost of such service within thirty days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant's expense. Tenant shall not install any electrical service based upon rates determined equipment requiring special wiring or requiring voltage in excess of 120 volts or otherwise exceeding Building capacity unless approved in advance by Landlord from time to time (which Landlord. The use of electricity in the Premises shall not exceed the amount Tenant would have been charged for such service capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant's excess electrical requirements shall, upon Xxxxxx's written request, be installed by Landlord, at Tenant's cost, if, in Landlord's judgment, the local utility company furnishing such service). In the event electrical service same are necessary and shall not cause permanent damage to the Premises is not measured by Building or the Premises, cause or create a submeter dangerous or periodic determination by Landlord's engineers hazardous condition, entail excessive or other competent consultants selected by Landlord (unreasonable alterations, repairs, or a combination of such methods)expenses, then Tenant shall pay to Landlord Tenant's Share of the cost of all electrical service to tenants in the Building which does not exceed Building standard consumption as established from time to time by Landlord. Tenant's Share shall be based upon the statements therefor received by Landlord from the electrical utility company providing such service, adjusted as Landlord determines appropriate to eliminate over-standard consumption. In the event that or interfere with or disturb other tenants of the Building pay directly either to Landlord Building. If Tenant uses machines or third parties for electricity supplied to their respective premises (e.g. separately metered electricity), then Landlord shall adjust Tenant's Share equipment in the Premises that materially adversely affect the temperature otherwise maintained by excluding from its calculation the rentable area of all tenants making such payments. The cost of electrical service shall include without limitation all fuel adjustment charges, demand charges, and taxes. If, during air conditioning system or otherwise overload any period of time, the area of the Building is not ninety-five percent (95%) occupied, then, for purposes of this Section 4.06utility, Landlord may adjust install supplemental air conditioning units or other supplemental equipment in the actual costs of electrical service that vary with the occupancy of the Building to Landlord's estimate of that amount which would have been paid or incurred by Landlord for electrical service had the Building been ninety-five percent (95%) occupiedPremises, and the costs cost thereof, including the cost of electrical service as so adjusted installation, operation, use, and maintenance, shall be deemed paid by Tenant to be actual electrical costs for such calendar year. Landlord shall calculate the costs of electrical service (and any adjustment thereto as provided above) during 1996 in the same manner as, and consistent with, calculations within thirty days after Xxxxxxxx has delivered to be made during subsequent yearsTenant an invoice therefor.

Appears in 1 contract

Samples: Lease (Lifeline Systems Inc)

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