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.