Common use of ELECTRICAL SERVICES Clause in Contracts

ELECTRICAL SERVICES. The facilities furnishing electrical ------------------- service to the Building have the capacity for furnishing electricity in the amount of seven (7) xxxxx per Usable Square Foot within the Premises ("Building Standard Capacity") and Tenant's Proportionate Share of Utility costs will be calculated on the basis that Tenant's electrical usage in the Premises is equal to the Building Standard Capacity. Landlord shall allow electrical services to the Premises to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's lighting and receptacle/equipment loads in the Premises shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's actual electrical usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In addition, Tenant shall pay for all costs of any wiring, risers, raceways, transformers, electrical panels, and other items required by Landlord, in Landlord's discretion, to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacity, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoing, Landlord may refuse to install, and may withhold consent for Tenant's installation of, any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, in Landlord's sole judgment, the same are not necessary or would cause damage or injury to the Project or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Project, or would interfere with or create or constitute a disturbance to other tenants or occupants of the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical Capacity.

Appears in 3 contracts

Samples: Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc), Lease Agreement (Equinix Inc)

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ELECTRICAL SERVICES. The facilities furnishing electrical ------------------- service Landlord, at Landlord’s sole cost and expense, shall cause to be furnished to the Building have the capacity for furnishing electricity in the amount Premises, a total of seven six (76) xxxxx per Usable Square Foot within the Premises square foot of rentable area of electrical capacity, three ("Building Standard Capacity"3) of such xxxxx for low voltage electrical consumption (120/208 volts) for convenience outlets, and Tenant's Proportionate Share three (3) of Utility costs will be calculated on the basis that Tenant's electrical usage in the Premises is equal to the Building Standard Capacity. Landlord shall allow electrical services to the Premises to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 such xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's for lighting and receptacle/equipment loads in the Premises shall not have an high voltage electrical consumption (277/480 volts) (each such rated electrical design load greater than to be hereinafter referred to as the Approved Electrical Capacity“Building standard rated electrical design load”). In the event Tenant shall be allocated Tenant's actual electrical usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants ’s pro rata share of the Building at standard circuits provided on the floor(s) Tenant occupies. Should Tenant’s fully connected electrical design load exceed the Building Standard Capacity. For this reasonstandard rated electrical design load for either low or high voltage electrical consumption, Landlord shall have the right to determine the amount of any or if Tenant’s electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises design requires low voltage or require Tenant to reduce its electrical usage to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, the cost of the consumption of electrical services within the Premises high voltage circuits in excess of Tenant’s share of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In additionstandard circuits, Tenant shall pay be responsible for all costs complying with any of any wiring, risers, raceways, transformers, electrical panels, and other items required by Landlord, ’s requirements in Landlord's discretion, to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacityconnection therewith, including, without limitation, all installation installing (at Tenant’s expense) one (1) additional high voltage panel and/or one (1) additional low voltage panel with associated transformer (which additional panels and maintenance costs relative transformers shall be hereinafter referred to that as the “additional electrical equipment”). If the additional electrical equipment is installed because Tenant’s low or high voltage rated electrical design load exceeds the applicable Building standard rated electrical design load, then a meter may also be added at Landlord’s option (at Tenant’s expense) to measure the electricity used through the additional electrical equipment. Notwithstanding the foregoing, Landlord may refuse to install, The design and may withhold consent for Tenant's installation of, of any wiring, transformers, additional electrical panels, equipment (or other equipment related meter) required to accommodate Tenant's excess electrical usage if, in Landlord's sole judgment, the same are not necessary or would cause damage or injury by Tenant shall be subject to the Project or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs prior approval of Landlord (which approval shall not be unreasonably withheld). All expenses incurred by Landlord in connection with the review and approval of any additional electrical equipment shall also be reimbursed to Landlord by Tenant. Tenant shall also pay on demand the Projectactual metered cost of electricity consumed through the additional electrical equipment (if applicable), or would interfere plus any actual accounting expenses incurred by Landlord in connection with or create or constitute a disturbance the metering thereof. If any of Tenant’s electrical equipment requires conditioned air in excess of Building standard air conditioning, Tenant shall pay all design, installation, metering and operating costs relating thereto, all of which shall be subject to other tenants or occupants of Landlord’s prior approval. If Tenant requires that certain areas within the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage Premises must operate in excess of the Approved Electrical Capacitynormal Building operating hours set forth above, at Landlord’s option the electrical service to such areas may be separately circuited and metered such that Tenant shall be billed the costs associated with electricity consumed during hours other than Building operating hours.

Appears in 2 contracts

Samples: Lease Agreement (Roberts Realty Investors Inc), Lease Agreement (Roberts Realty Investors Inc)

ELECTRICAL SERVICES. The facilities furnishing electrical ------------------- service (a) So long as the Lease is in full force and effect and Tenant has paid all Rent then due, Landlord shall furnish or cause to be furnished to the Building have Premises electric current for general business office use, including normal lighting, normal business office machines, customary janitorial service, and making alterations or repairs (whether by Landlord or Tenant). Notwithstanding any provision of the Lease to the contrary, without, in each instance, the prior written consent of Landlord, which may be withheld in Landlord's sole discretion, Tenant shall not: (i) make any alterations or additions to the electric equipment or systems; or (ii) install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises other than personal computers, lap-top computers and ancillary equipment. Tenant's use of electric current shall at no time exceed the lesser of (x) the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building; or (y) a connected electrical load for furnishing electricity lighting purposes in excess of the amount wattage per square foot of seven Rentable Area of the Premises required for Building standard amounts of lighting plus a connected load for all other power requirements of three (73) xxxxx per Usable Square Foot within square foot of Rentable Area of the Premises ("Building Standard Capacity") and Tenant's Proportionate Share Premises. The consent of Utility costs will be calculated on the basis that Tenant's electrical usage in the Premises is equal Landlord to the Building Standard Capacity. Landlord installation of electric equipment shall allow electrical services not relieve Tenant from the obligation to limit usage of electricity to no more than such capacity. (b) If and to the Premises extent electric current is furnished to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's lighting and receptacle/equipment loads in the Premises shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's actual electrical usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building amount of electric current normally used during Standard Capacity at rates determined by Landlord Operating Hours in accordance a general business office in a first class office building with applicable laws. In additionthe type of electrical equipment and normal business office machines described in subparagraph (a) above, Tenant shall pay for Landlord upon notice from Landlord the cost of such excess electric current, as additional Rent. The cost of such excess use and all additional costs separately billed to Tenant pursuant to this Section shall not be included as part of Operating Expenses. At any wiring, risers, raceways, transformers, electrical panels, time and other items required by Landlord, in Landlord's discretion, from time to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacity, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoingtime, Landlord may refuse in its sole discretion either (i) install one or more meters to installmeasure electric current furnished to the Premises or (ii) reasonably estimate electric current furnished to the Premises. Upon notice from Landlord, Tenant shall pay Landlord the cost of installing and may withhold consent maintaining all such meters and of any electrical engineering or consulting firm, if Landlord retains such firm to estimate the electric current furnished to the Premises in lieu of installation of a meter. Tenant shall pay Landlord for Tenant's installation of, such excess electric current at the then current rates charged to Landlord for such electricity provided to the Property by the utility provider chosen by Landlord plus any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, additional cost of Landlord in keeping account of the electric current so consumed. Landlord's sole judgmentnotice shall specify whether such excess use shall be payable (i) in advance as reasonably estimated by Landlord in monthly installments at the time prescribed for monthly installments of Monthly Base Rent or (ii) within ten days after notice from Landlord given from time to time of the amount due for prior excess use as metered or reasonably estimated by Landlord. (c) So long as the Lease is in full force and effect and Tenant has paid all Rent then due, the same are not necessary Landlord shall furnish or would cause damage or injury to be furnished to the Project Premises replacement lamps, bulbs, ballasts and starters used in any normal Building lighting installed in the Premises, except that if the replacement or cause repair of such items is a result of negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Projectinvitees, or would interfere with or create or constitute a disturbance to other tenants or occupants such cost shall be paid by Tenant within ten days after notice from Landlord and shall not be included as part of the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical CapacityOperating Expenses.

Appears in 1 contract

Samples: Office Lease (Embarcadero Technologies Inc)

ELECTRICAL SERVICES. The facilities furnishing electrical ------------------- service to (a) So long as the Building have the capacity for furnishing electricity Lease is in the amount of seven (7) xxxxx per Usable Square Foot within the Premises ("Building Standard Capacity") full force and Tenant's Proportionate Share of Utility costs will be calculated on the basis that Tenant's electrical usage in the Premises is equal to the Building Standard Capacity. effect and Tenant has paid all Rent then due, Landlord shall allow electrical services furnish to the Premises to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part electric current for general business office use, including normal lighting, normal business office machines and customary janitorial service. Notwithstanding any provision of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's lighting and receptacle/equipment loads in the Premises shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's actual electrical usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage Lease to the Building Standard Capacity. The cost of purchasingcontrary, installingwithout, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demandin each instance, the cost prior written approval of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In addition, Tenant shall pay for all costs of any wiring, risers, raceways, transformers, electrical panels, and other items required by Landlord, in Landlord's discretionprudent business judgment, Tenant shall not: (i) make any alterations or additions to accommodate the electric equipment or systems; or (ii) install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises other than personal computers, lap-top computers and ancillary equipment. Tenant's design loads and capacities that use of electric current shall at no time exceed the Standard Building Capacity, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding capacity of the foregoing, Landlord may refuse to install, and may withhold consent for Tenant's installation of, any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, in Landlord's sole judgment, the same are not necessary or would cause damage or injury feeders and risers providing electric current to the Project Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs the Building. The consent of Landlord to the Project, or would interfere with or create or constitute a disturbance to other tenants or occupants installation of electric equipment shall not relieve Tenant from the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment limit usage of electricity to accommodate Tenant's electrical usage no more than such capacity. (b) If and to the extent that Landlord establishes to the reasonable satisfaction of Tenant that electric current is furnished to the Premises materially in excess of the Approved Electrical Capacityamount of electric current anticipated by Tenant and Landlord to be used by Tenant, Tenant shall pay Landlord the cost of such excess electric current, as additional Rent. The cost of such excess use and all additional costs separately billed to Tenant pursuant to this Section shall not be included as part of Operating Expenses. At any time and from time to time, Landlord may in its reasonable discretion either (i) install one or more meters to measure electric current furnished to the Premises or (ii) reasonably estimate electric current furnished to the Premises. Tenant shall pay Landlord for such excess electric current at the then current rates charged to Landlord for such electricity provided to the Property by the utility provider chosen by Landlord plus any additional reasonable cost of Landlord in keeping account of the electric current so consumed. At Landlord's discretion, such excess use shall be payable (i) in advance as reasonably estimated by Landlord in monthly installments at the time prescribed for monthly installments of Monthly Base Rent or (ii) within ten days after notice from Landlord given from time to time of the amount due for prior excess use in accordance with the provisions of this subsection (b). (c) So long as the Lease is in full force and effect and Tenant has paid all Rent then due, Landlord shall furnish to the Premises replacement lamps, bulbs, ballasts and starters used in any normal Building lighting installed in the Premises, except that if the replacement or repair of such items is a result of negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or invitees, such cost shall be paid by Tenant within ten days after notice from Landlord and shall not be included as part of Operating Expenses.

Appears in 1 contract

Samples: Office Lease (Ask Jeeves Inc)

ELECTRICAL SERVICES. The facilities furnishing electrical ------------------- service (a) Landlord shall furnish or cause to be furnished to the Building have Premises electric current for general business office use, including normal lighting, normal business office machines, customary janitorial service, and making alterations or repairs (whether by Landlord or Tenant). Notwithstanding any provision of the Lease to the contrary, without, in each instance, the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion, Tenant shall not: (i) make any alterations or additions to the electric equipment or systems; or (ii) install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises other than personal computers, lap-top computers and ancillary equipment and copiers. Tenant’s use of electric current shall at no time exceed the lesser of: (x) the capacity of the wiring, feeders and risers providing electric current to the Premises or the Building; or (y) a connected electrical load for furnishing electricity lighting purposes in excess of the amount wattage per square foot of seven Rentable Area of the Premises required for Building standard amounts of lighting plus a connected load for all other power requirements of five (75) xxxxx per Usable Square Foot within square foot of Rentable Area of the Premises ("Building Standard Capacity") and Tenant's Proportionate Share of Utility costs will be calculated on the basis that Tenant's electrical usage Premises, as more fully set forth in the Premises is equal Exhibit B-1 to the Building Standard CapacityWork Letter. The consent of Landlord shall allow electrical services to the Premises to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part installation of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's lighting and receptacle/electric equipment loads in the Premises shall not have an electrical design load greater than relieve Tenant from the Approved Electrical Capacity. In the event Tenant's actual electrical obligation to limit usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if no more than such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage capacity. (b) If and to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay extent electric current is furnished to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building amount of electric current normally used during Standard Capacity at rates determined by Landlord Operating Hours in accordance a general business office in a first class office building with applicable laws. In additionthe type of electrical equipment and normal business office machines described in subparagraph (a) above, Tenant shall pay for Landlord within thirty (30) days after receipt of written notice from Landlord the cost of such excess electric current, as additional Rent. The cost of such excess use and all additional costs separately billed to Tenant pursuant to this Section shall not be included as part of Operating Expenses. At any wiring, risers, raceways, transformers, electrical panels, time and other items required by Landlord, in Landlord's discretion, from time to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacity, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoingtime, Landlord may refuse in its sole discretion either: (i) install one or more meters to install, and may withhold consent for Tenant's installation of, any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, in Landlord's sole judgment, the same are not necessary or would cause damage or injury measure electric current furnished to the Project Premises; or (ii) reasonably estimate electric current furnished to the Premises. Within thirty (30) days after receipt of written notice from Landlord, Tenant shall pay Landlord the reasonable cost of installing and maintaining all such meters and of any electrical engineering or consulting firm, if Landlord retains such firm to estimate the electric current furnished to the Premises in lieu of installation of a meter. Tenant shall pay Landlord for such excess electric current at the then current rates charged to Landlord for such electricity provided to the Property by the utility provider chosen by Landlord plus any reasonable additional cost of Landlord in keeping account of the electric current so consumed. Landlord’s written notice shall specify whether such excess use shall be payable: (i) in advance as reasonably estimated by Landlord in monthly installments at the time prescribed for monthly installments of Monthly Base Rent; or (ii) within thirty (30) days after receipt of written notice from Landlord given from time to time of the amount due for prior excess use as metered or reasonably estimated by Landlord. (c) Landlord shall furnish or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to be furnished to the ProjectPremises replacement lamps, bulbs, ballasts and starters used in any normal Building lighting installed in the Premises, except that if the replacement or would interfere with repair of such items is a result of negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or create or constitute a disturbance to other tenants or occupants invitees, such cost shall be paid by Tenant within thirty (30) days after receipt of the Project. In no event written notice from Landlord and shall Landlord incur any liability for Landlord's refusal to install, or the withholding not be included as part of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical CapacityOperating Expenses.

Appears in 1 contract

Samples: Office Lease (XOOM Corp)

ELECTRICAL SERVICES. (a) The facilities furnishing electrical ------------------- electricity used during the performance of janitorial service to or the Building have the capacity for furnishing electricity in the amount making of seven (7) xxxxx per Usable Square Foot within the Premises ("Building Standard Capacity") and Tenant's Proportionate Share of Utility costs will be calculated on the basis that Tenant's electrical usage alterations or repairs in the Premises is equal by Landlord shall be paid by Tenant. Tenant also agrees to purchase from Landlord or its agents at competitive prices fixed by Landlord for all tenants in the Building all lamps, bulbs, ballasts and starters used in the Premises; provided, Tenant may provide and install its own lamps for overhead fixtures so long as they are substantially the same (especially as to color) as those used by the Landlord in the Building (which are currently F34 Cool White 4 foot florescent tubes) and so long as such work does not cause disharmony with Landlord’s personnel and contractors working in the Building. Landlord reserves the right to provide electricity to Tenant and in such event Tenant agrees to purchase electricity from Landlord at Landlord’s then current charges, which charges shall be based upon Landlord’s cost to furnish such electricity without markup by Landlord. Tenant shall make no alterations or additions to the Building Standard Capacity. electric equipment or systems without the prior written consent of the Landlord in each instance, which consent shall allow electrical services to not be unreasonably withheld or delayed. (b) Tenant shall, at Tenant’s expense, cause the Premises to be provided from a mutually agreed upon transformer pad which is separately metered for all electrical consumption prior to the Commencement Date. Tenant shall make all necessary arrangements with the local utility company for furnishing, metering and paying for electricity furnished by it to Tenant and consumed on the Premises. Landlord shall permit Landlord’s wire and conduits, to the extent available and safely capable, to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve used for such purposes. (c) If the Premises with a dedicated access of are not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's lighting and receptacle/equipment loads separately metered for any reason or are separately metered only in the Premises shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's actual electrical usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In additionpart, Tenant shall pay Landlord as additional Rent, in monthly installments at the time prescribed for monthly installments of Monthly Base Rent, an amount, reasonably estimated by Landlord from time to time, which Tenant would pay for such electricity 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. As of the date of this Lease, the Premises are not separately metered with respect to the electricity for overhead lights. However, in accordance with subsection 6.02(b) above, Tenant shall cause the Premises to be separately metered for all costs of any wiringelectrical consumption in the Premises, risersincluding overhead lights, raceways, transformers, electrical panels, and other items required by Landlord, in Landlord's discretion, to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacity, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoing, Landlord may refuse to install, and may withhold consent for Tenant's installation of, any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, in Landlord's sole judgment, the same are not necessary or would cause damage or injury prior to the Project or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Project, or would interfere with or create or constitute a disturbance to other tenants or occupants of the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical CapacityCommencement Date.

Appears in 1 contract

Samples: Lease (FSP 303 East Wacker Drive Corp.)

ELECTRICAL SERVICES. (1) The facilities furnishing electrical ------------------- electricity used during the performance of janitorial service to the Building have the capacity for furnishing electricity in the amount of seven (7) xxxxx per Usable Square Foot within the Premises ("Building Standard Capacity") and Tenant's Proportionate Share of Utility costs will be calculated on the basis that Tenant's electrical usage in the Premises is equal to the Building Standard Capacity. Landlord shall allow electrical services to the Premises to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's lighting and receptacle/equipment loads in the Premises shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's actual electrical usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require the making of alterations or repairs in the Premises by Landlord shall be paid by Tenant. Subject to Section 6.1, Tenant also agrees to reduce purchase from Landlord or its electrical usage agents at competitive prices fixed by Landlord (provided that same are competitive with prices charged in other comparable highrise office buildings in downtown Chicago) for all tenants in the Building all lamps, bulbs, ballasts and starters used in the Premises. Landlord reserves the right, commencing on some future date, to provide electricity to Tenant and in such event Tenant agrees to purchase electricity from Landlord; provided that the cost of such electricity charged by Landlord is not greater than the cost of electricity charged by the lowest cost provider of electricity from which Tenant could otherwise purchase electricity and further provided that any additional costs (including, without limitation, breakaway fees, extra capital costs or other initial costs charged by such provider and not charged by Landlord or charged by Landlord and not by such provider) shall be taken into account in any such comparison of costs. Tenant shall make no alterations or additions to the Building Standard Capacityelectric equipment or systems without the prior written consent of the Landlord in each instance, which consent shall not be unreasonably withheld, delayed or conditioned. (2) The Premises are separately metered and, subject to Landlord's reservation of its right to provide electricity as set forth in Section 6.2(1) above, Tenant shall make all necessary arrangements with the local utility company for furnishing, metering and paying for electricity furnished by it to Tenant and consumed on the Premises. The cost Any changes to the existing metering (including without limitation, any changes required in connection with Tenant's occupancy of purchasing, installing, maintaining, and reading a separate meter partial floor) shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In addition, Tenant shall pay for all costs of any wiring, risers, raceways, transformers, electrical panels, and other items required by Landlord, in Landlord's discretion, to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacity, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoing, Landlord may refuse to install, and may withhold consent for Tenant's installation of, any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, in Landlord's sole judgment, the same are not necessary or would cause damage or injury to the Project or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Project, or would interfere with or create or constitute a disturbance to other tenants or occupants of the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical Capacity.

Appears in 1 contract

Samples: Lease (FSP 303 East Wacker Drive Corp.)

ELECTRICAL SERVICES. The facilities furnishing electrical ------------------- service to the Building have the capacity for furnishing electricity in the amount of seven (7) xxxxx per wattx xxx Usable Square Foot within the Premises ("Building Standard Capacity") ”); and Tenant's ’s Proportionate Share of Utility costs Costs will be calculated on the basis that Tenant's ’s electrical usage in the Premises is equal to the Building Standard Capacity. Landlord Tenant shall allow electrical services to the Premises to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and pay Tenant's lighting Utility Costs on a monthly basis concurrently with Tenant's payment of Base Rent. Tenant's lighting, heating, air conditioning and receptacle/equipment loads in the Premises shall not have an electrical design load greater than the Approved Electrical Building Standard Capacity. In the event Tenant's actual electrical usage within the Premises exceeds the Approved Electrical Building Standard Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this reason, Landlord shall have the 1001 3rd Avenue South - Select Comfort Corporation - NNN (2016 v1.1) right to determine the amount of any electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In addition, Tenant shall pay for all costs of any wiring, risers, raceways, transformers, electrical panels, and other items required by Landlord, in Landlord's ’s discretion, to accommodate Tenant's ’s design loads and capacities that exceed the Standard Building Capacity, that Landlord agrees to in the design phase, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoing, Landlord may refuse to install, and may withhold consent for Tenant's ’s installation of, any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's ’s excess electrical usage if, in Landlord's ’s sole judgment, the same are not necessary or would cause damage or injury to the Project or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Project, or would interfere with or create or constitute a disturbance to other tenants or occupants of the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical Building Standard Capacity. Notwithstanding the foregoing, Landlord understands and agrees that Tenant's final Premises will include some higher density spaces for Tenant’s Call Center, Product and R&D spaces. These spaces shall be indicated on Tenant's final plans.

Appears in 1 contract

Samples: Lease Agreement (Select Comfort Corp)

ELECTRICAL SERVICES. (a) The facilities furnishing electrical ------------------- electricity used during the performance of janitorial service to or the Building have the capacity for furnishing electricity in the amount making of seven (7) xxxxx per Usable Square Foot within the Premises ("Building Standard Capacity") and Tenant's Proportionate Share of Utility costs will be calculated on the basis that Tenant's electrical usage alterations or repairs in the Premises is equal by Landlord shall be paid by Tenant. Tenant also agrees to purchase from Landlord or its agents at competitive prices fixed by Landlord for all tenants in the Building all lamps, ballasts and starters used in the Premises, and to pay a reasonable installation charge for any such item installed by Landlord at Tenant's request. Landlord reserves the right to provide electricity to Tenant and in such event Tenant agrees to purchase electricity from Landlord at Landlord's then current charges. Tenant shall make no alterations or additions to the Building Standard Capacityelectric equipment or systems without the prior written consent of the Landlord in each instance. (b) If Premises are separately metered, Tenant shall make all necessary arrangements with the utility provider chosen by Landlord for furnishing, metering and paying for electricity furnished by it to Tenant and consumed on the Premises. Landlord shall allow electrical services permit Landlord's wire and conduits, to the Premises extent available and safely capable, to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve used for such purposes. (c) If the Premises with a dedicated access of are not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's lighting and receptacle/equipment loads in the Premises shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's actual electrical usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this separately metered for any reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In addition, Tenant shall pay for all costs of any wiring, risers, raceways, transformers, electrical panels, and other items required by LandlordLandlord as additional Rent, in Landlord's discretionmonthly installments at the time prescribed for monthly installments of Monthly Base Rent, an amount, reasonably estimated by Landlord from time to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacitytime, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoing, Landlord may refuse to install, and may withhold consent which Tenant would pay for Tenant's installation of, any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, in Landlord's sole judgment, such electricity if the same are not necessary or would cause damage or injury were separately metered to the Project or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs Premises by the utility provider chosen by Landlord and billed to the Project, or would interfere with or create or constitute a disturbance to other tenants or occupants of the Project. In no event shall Landlord incur any liability for LandlordTenant at such utility provider's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical Capacitythen current rates.

Appears in 1 contract

Samples: Office Lease (Nichols Txen Corp)

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ELECTRICAL SERVICES. The facilities furnishing Landlord will furnish Building Standard electrical ------------------- service to the Building have the capacity for furnishing electricity in the amount of Premises twenty four (24) hours per day, seven (7) xxxxx days per Usable Square Foot within the Premises ("week in amounts required to operate Building Standard Capacity") lighting and Tenant's Proportionate Share ordinary amounts and types of Utility costs will be calculated on the basis office equipment; provided that Tenant's electrical usage in the Premises is equal to the Building Standard Capacity. all events Landlord shall allow supply electrical services service to the Premises to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 4 to 6 xxxxx per square foot (1 watt for above lighting and 3 to 5 xxxxx below). Tenant will not use electrical services that materially exceed the Usable Square Feet within Building Standard, unless a separate meter is installed for the Premises in accordance with Paragraph 8(a). Landlord shall not permit any other occupant to use electrical service that materially exceeds the Building Standard, unless such electrical service is supplied to such occupant pursuant to a separate meter and the related costs are excluded from Electricity Costs. a. On 30 days written notice, Landlord unless prohibited by Applicable Law will be entitled to install a sub-meter for the Premises, and, in that event: ("Approved Electrical Capacity"i) Tenant must reimburse Landlord for one-half of the actual cost of the sub-meter, (ii) Tenant will pay, as Rent, the actual cost of electricity supplied to the Premises as measured by the sub-meter, and (iii) Tenant must continue to pay Tenant’s Pro Rata Share of Electricity Costs, except that after the date a sub-meter is installed pursuant to this Paragraph 8(a), the term “Electricity Costs” shall be limited to the following: “all actual third-party costs electrical supply costs incurred by Landlord that are directly attributable to Common Areas and Service Areas of the Project (but in no event included any electrical service supplied to an area that is not made available for use by Tenant), being comprised of (i) electrical services used in the operation, maintenance, and use of such areas; and (ii) sales, use, excise, and other taxes assessed by governmental authorities on electrical services supplied to such areas; provided that in no event shall the foregoing be subject to any “gross-up” provision. b. Landlord, at Landlord’s expense, will be entitled to measure Tenant's lighting and receptacle/equipment loads ’s actual electrical consumption in the Premises by a survey conducted by a reputable consultant selected by Landlord; provided that Tenant shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's be obligated to pay actual electrical usage within costs of electric service supplied to the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord except in accordance with applicable laws. In addition, Tenant shall pay for all costs the terms of any wiring, risers, raceways, transformers, electrical panels, and other items required by Landlord, in Landlord's discretion, to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacity, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoing, Landlord may refuse to install, and may withhold consent for Tenant's installation of, any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, in Landlord's sole judgment, the same are not necessary or would cause damage or injury to the Project or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Project, or would interfere with or create or constitute a disturbance to other tenants or occupants of the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical CapacityParagraph 8(a).

Appears in 1 contract

Samples: Lease Agreement (Archipelago Learning, Inc.)

ELECTRICAL SERVICES. The facilities furnishing electrical ------------------- service (a) Landlord shall furnish to the Building have Premises Tenant's pro-rata share of the capacity Building's available electric current (which, for furnishing electricity in the amount purposes of this Lease shall be deemed to be seven (7) xxxxx per Usable Square Foot within usable square foot of the Premises ("Building Standard Capacity"Premises, on a diversified usage basis) for general business office use, including normal lighting, normal business office machines and customary janitorial service. Notwithstanding any provision of the Lease to the contrary, without, in each instance, the prior written approval of Landlord, in Landlord's prudent business judgment, Tenant shall not make any alterations or additions to the electric equipment or systems. Tenant's Proportionate Share use of Utility costs will be calculated on electric current shall at no time exceed the basis that Tenant's electrical usage in capacity of the Premises is equal to the Building Standard Capacity. Landlord shall allow electrical services wiring, feeders and risers providing electric current to the Premises or the Building. The consent of Landlord to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part the installation of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's lighting and receptacle/electric equipment loads in the Premises shall not have an electrical design load greater than relieve Tenant from the Approved Electrical Capacity. In the event Tenant's actual electrical obligation to limit usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if no more than such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage capacity. (b) If and to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay extent electric current is furnished to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined amount of electric current required to be provided by Landlord as described in accordance with applicable laws. In additionSection 6.02(a), Tenant shall pay for Landlord upon notice from Landlord the actual cost of such excess electric current, as additional Rent. The cost of such excess use and all additional costs separately billed to Tenant pursuant to this Section shall not be included as part of Operating Expenses. At any wiring, risers, raceways, transformers, electrical panels, time and other items required by Landlord, in Landlord's discretion, from time to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacity, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoingtime, Landlord may refuse in its sole discretion either (i) install one or more meters to installmeasure electric current furnished to the Premises or (ii) reasonably estimate electric current furnished to the Premises. Upon notice from Landlord, Tenant shall pay Landlord the actual cost of installing and may withhold consent maintaining all such meters and of any electrical engineering or consulting firm, if Landlord retains such firm to estimate the electric current furnished to the Premises in lieu of installation of a meter. Tenant shall pay Landlord for Tenant's installation ofsuch excess electric current at the then current, actual rates charged to Landlord for such electricity provided to the Property by the utility provider chosen by Landlord plus any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, additional actual cost of Landlord in keeping account of the electric current so consumed. Landlord's sole judgment, notice shall specify whether such excess use shall be payable (i) in advance as reasonably estimated by Landlord in monthly installments at the same are not necessary time prescribed for monthly installments of Monthly Base Rent or would cause damage (ii) within thirty (30) days after notice from Landlord given from time to time of the amount due for prior excess use as metered or injury reasonably estimated by Landlord. (c) Landlord shall furnish to the Project Premises replacement lamps, bulbs, ballasts and starters used in any normal Building lighting installed in the Premises, except that if the replacement or cause repair of such items is a result of negligence of Tenant, its employees, agents, servants, licensees, subtenants, contractors or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Projectinvitees, or would interfere with or create or constitute a disturbance to other tenants or occupants such cost shall be paid by Tenant within thirty (30) days after notice from Landlord and shall not be included as part of the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical CapacityOperating Expenses.

Appears in 1 contract

Samples: Office Lease (Northpoint Communications Group Inc)

ELECTRICAL SERVICES. The facilities furnishing Tenant's use of electrical ------------------- services furnished by Landlord through Landlord’s service provider shall be subject to the Building have following: (a) Landlord will provide the capacity for furnishing electricity in the amount necessary facilities to supply (i) two (2) wxxxx per square foot of seven (7) xxxxx per Usable Square Foot usable Area within the Premises ("Building Standard Capacity") and Premises, at 277 volts, for Tenant's Proportionate Share fluorescent lighting and (ii) four (4) wxxxx per square foot of Utility costs will be calculated on usable Area within the basis that Premises, at 120 volts, for Tenant's electrical usage in the Premises is equal to the Building Standard Capacityreceptacle/equipment loads (excluding Tenant's dedicated circuits). Landlord shall allow electrical services to the Premises to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Collectively, Tenant's lighting and receptacle/equipment loads in the Premises shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's actual electrical usage an average of four (4) wxxxx per square foot of usable Area within the Premises exceeds ("Standard Building Capacity"). The electrical costs component of Operating Expenses is calculated on the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants basis of the Standard Building at Capacity. (b) The electrical facilities in the Building Standard Capacityavailable for Tenant's use are (i) 277/480 volts, 3 phase, for large equipment loads and fluorescent lighting; and (ii) 120/208 volts, 3 phase, for small equipment loads and incandescent lighting. For this reasonTenant shall notify Landlord, Landlord shall have the right to determine the amount in writing, of any equipment that has a rated electrical usage by Tenant from time to time andload greater than 500 wxxxx and/or that requires a service voltage other than 120 volts, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenantand Landlord's electrical usage within the Premises or require Tenant to reduce its electrical usage written approval shall be required with respect to the Building Standard Capacity. The cost installation of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, any such high electrical consumption equipment in the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In addition, Premises. (c) Tenant shall pay for all costs of any meters, submeters, wiring, risers, raceways, transformers, electrical panels, air conditioning and other items required by Landlord, in Landlord's reasonable discretion, to accommodate Tenant's design loads and capacities that exceed the Standard Building Capacity, including, without limitation, all the installation and maintenance costs relative to that equipmentthereof. Notwithstanding the foregoing, Landlord may refuse to install, install and may withhold consent for Tenant's installation of, of any wiring, risers, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage air conditioning that would exceed Building Standard Capacity if, in Landlord's sole reasonable judgment, the same are not necessary or would cause damage or injury to the Project Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the ProjectBuilding or the Premises, or would interfere with or create or constitute a disturbance to other tenants or occupants of the ProjectBuilding. In no event shall Landlord incur any liability for Landlord's reasonable refusal to install, or the reasonable withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment equipment. (d) Tenant shall pay to accommodate Tenant's electrical usage in excess Landlord, within thirty (30) days, the cost of the Approved Electrical Capacityconsumption of electrical service in the Premises which exceed the Standard Building Capacity (as measured by any applicable meter or submeter at the Premises) at rates which shall be in accordance with any applicable laws and as determined by applicable utility companies. (e) Landlord may, at its option, upon not less than thirty (30) days' prior written notice to Tenant, discontinue the availability of such extraordinary electrical service which exceeds Building Standard Capacity if such extraordinary usage causes an increase in utility rates or negatively impacts service being provided to the Building or tenants in the Building. If Landlord gives any such notice, Tenant will contract directly with the applicable public utility provider chosen by Landlord for the supplying of such electrical service to the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Citadel Security Software Inc)

ELECTRICAL SERVICES. The facilities furnishing Tenant’s use of electrical ------------------- services furnished by Landlord through Landlord’s service provider shall be subject to the Building have following: (a) Landlord will provide the capacity for furnishing electricity in the amount of seven necessary facilities to supply (7i) two (2) xxxxx per square foot of Usable Square Foot Area within the Premises Premises, at 277 volts, for Tenant’s fluorescent lighting and ("Building Standard Capacity"ii) and Tenant's Proportionate Share of Utility costs will be calculated on the basis that Tenant's electrical usage in the Premises is equal to the Building Standard Capacity. Landlord shall allow electrical services to the Premises to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve the Premises with a dedicated access of not less than 56 two (2) xxxxx per the square foot of Usable Square Feet Area within the Premises Premises, at 120 volts, for Tenant’s receptacle/equipment loads ("Approved Electrical Capacity"excluding Tenant’s dedicated circuits); and . Collectively, Tenant's ’s lighting and receptacle/equipment loads in the Premises shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's actual electrical usage an average of four (4) xxxxx per square foot of Usable Area within the Premises exceeds (“Standard Building Capacity”). The electrical costs component of Operating Expenses is calculated on the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants basis of the Standard Building at Capacity. (b) The electrical facilities in the Building Standard Capacityavailable for Tenant’s use are (i) 277/480 volts, 3 phase, for large equipment loads and fluorescent lighting; and (ii) 120/208 volts, 3 phase, for small equipment loads and incandescent lighting. For this reasonTenant shall notify Landlord, Landlord shall have the right to determine the amount in writing, of any equipment that has a rated electrical usage by Tenant from time to time andload greater than 500 xxxxx and/or that requires a service voltage other than 120 volts, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage and Landlord’s written approval shall be required with respect to the Building Standard Capacity. The cost installation of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, any such high electrical consumption equipment in the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In addition, Premises. (c) Tenant shall pay for all costs of any meters, submeters, wiring, risers, raceways, transformers, electrical panels, air conditioning and other items required by Landlord, in Landlord's ’s discretion, to accommodate Tenant's ’s design loads and capacities that exceed the Standard Building Capacity, including, without limitation, all the installation and maintenance costs relative to that equipmentthereof. Notwithstanding the foregoing, Landlord may refuse to install, install and may withhold consent for Tenant's ’s installation of, of any wiring, risers, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage air conditioning if, in Landlord's ’s sole judgment, the same are not necessary or would cause damage or injury to the Project Building or the Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the ProjectBuilding or the Premises, or would interfere with or create or constitute a disturbance to other tenants or occupants of the ProjectBuilding. In no event shall Landlord incur any liability for Landlord's ’s refusal to install, or the withholding of consent for Tenant's ’s installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment equipment. (d) Tenant shall pay to accommodate Tenant's Landlord, upon demand, the cost of the consumption of electrical usage service in excess of the Approved Electrical CapacityStandard Building Capacity at rates which shall be in accordance with any applicable laws and as determined by applicable utility companies. (e) Landlord may, at its option, upon not less than thirty (30) days’ prior written notice to Tenant, discontinue the availability of such extraordinary electrical service. If Landlord gives any such notice, Tenant will contract directly with the applicable public utility provider chosen by Landlord for the supplying of such electrical service to the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (E2open Inc)

ELECTRICAL SERVICES. (a) The facilities furnishing electrical ------------------- electricity used during the performance of janitorial service to or the Building have the capacity for furnishing electricity in the amount making of seven (7) xxxxx per Usable Square Foot within the Premises ("Building Standard Capacity") and Tenant's Proportionate Share of Utility costs will be calculated on the basis that Tenant's electrical usage alterations or repairs in the Premises is equal by Landlord shall be paid by Tenant. Tenant also agrees to purchase from Landlord or its agents at competitive prices fixed by Landlord for all tenants in the Building all lamps, bulbs, ballasts and starters used in the Premises, and to pay a reasonable installation charge for any such items installed by Landlord at Tenant’s request. Landlord reserves the right to provide electricity to Tenant and in such event Tenant agrees to purchase electricity from Landlord at Landlord’s then current charges. Tenant shall make no alterations or additions to the Building Standard Capacityelectric equipment or systems without the prior written consent of Landlord in each instance. (b) If Premises are separately metered, Tenant shall make all necessary arrangements with the utility provider chosen by Landlord for furnishing, metering and paying for electricity furnished by it to Tenant and consumed on the Premises. Landlord shall allow electrical services permit Landlord’s wire and conduits, to the Premises extent available and safely capable, to be provided from a mutually agreed upon transformer pad which is to be installed by Tenant as a part of the Initial Improvements. Such transformer pad and installed transformers shall serve used for such purposes. (c) If the Premises with a dedicated access of are not less than 56 xxxxx per the Usable Square Feet within the Premises ("Approved Electrical Capacity"); and Tenant's lighting and receptacle/equipment loads in the Premises shall not have an electrical design load greater than the Approved Electrical Capacity. In the event Tenant's actual electrical usage within the Premises exceeds the Approved Electrical Capacity, such excess electrical usage may affect the capability of such electrical systems to furnish electricity to other tenants of the Building at the Building Standard Capacity. For this separately metered for any reason, Landlord shall have the right to determine the amount of any electrical usage by Tenant from time to time and, if such electrical usage by Tenant exceeds the Building Standard Capacity, may either separately meter Tenant's electrical usage within the Premises or require Tenant to reduce its electrical usage to the Building Standard Capacity. The cost of purchasing, installing, maintaining, and reading a separate meter shall be at Tenant's expense, and Tenant shall pay to Landlord, on demand, the cost of the consumption of electrical services within the Premises in excess of the Building Standard Capacity at rates determined by Landlord in accordance with applicable laws. In addition, Tenant shall pay for all costs of any wiring, risers, raceways, transformers, electrical panels, and other items required by LandlordLandlord as additional Rent, in Landlord's discretionmonthly installments at the time prescribed for monthly installments of Monthly Base Rent, an amount, reasonably estimated by Landlord from time to accommodate Tenant's design loads time, which Tenant would pay for such electricity if the same were separately metered to the Premises by the utility provider chosen by Landlord and capacities that exceed billed to Tenant at such utility provider’s then current rates. As of the Standard Building Capacity, including, without limitation, all installation and maintenance costs relative to that equipment. Notwithstanding the foregoingdate hereof, Landlord may refuse and Tenant acknowledge and agree that such charge for electricity is equal to install, and may withhold consent for Tenant's installation of, any wiring, transformers, electrical panels, or other equipment required to accommodate Tenant's excess electrical usage if, in Landlord's sole judgment, the same are not necessary or would cause damage or injury to the Project or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs to the Project, or would interfere with or create or constitute a disturbance to other tenants or occupants One Dollar Thirty Five Cents ($1.35) per rentable square foot of the Project. In no event shall Landlord incur any liability for Landlord's refusal to install, or the withholding of consent for Tenant's installation of, any such facilities or equipment; and Landlord shall have no obligation to install any electrical facility or equipment to accommodate Tenant's electrical usage in excess of the Approved Electrical Capacity.Premises

Appears in 1 contract

Samples: Office Lease (Amber Road, Inc.)

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