Common use of Electricity and Water Clause in Contracts

Electricity and Water. Section 24.01 For the purposes of this Article, the term “Electric Rate” shall mean one hundred percent (100%) of Landlord’s average cost per kilowatt hours for electricity for the Building (“Landlord’s Actual Cost”). The Landlord’s Actual Cost shall be computed by taking the Landlord’s total electrical bill including both consumption and demand charges, fuel adjustment charges (as determined for each month of the relevant period and not averaged), rate adjustment charges, sales tax, and/or any other factors or charges, actually used by the utility servicing the Building in computing the charges for Tenant’s usage (and inclusive of all discounts provided to the Building), divided by the total number of kilowatt hours and with no profit or mark up to Landlord. Tenant shall pay an amount equal to the product of (i) total number of kilowatt hours consumed by Tenant, multiplied by (ii) Landlord’s Actual Cost. Subject to the provisions of this Article 24, Landlord shall furnish electric energy to the Premises on a submetering basis for the purposes permitted under this Lease and Tenant shall purchase the same from Landlord at the Electric Rate as applied to the electric energy consumed in the Premises, which electric energy shall be measured by a meter or meters (which meters and all supplemental equipment and all other necessary work necessary for the installation of the submeters shall, at Landlord’s cost, be installed prior to the Term Commencement Date to the extent not already so installed and shall measure only Tenant’s electrical consumption) maintained by Landlord at Tenant’s expense. Tenant shall have the right, from time to time, at Xxxxxx’s sole expense, to check the accuracy of the aforesaid meter or meters by the use of check meters.

Electricity and Water. Section 24.01 For the purposes of this Article, the term “Electric Rate” shall mean one hundred and three percent (100103%) of Landlord’s average cost per kilowatt hours for electricity for the Building (“Landlord’s Actual Cost”). The Landlord’s Actual Cost shall be computed by taking the Landlord’s total electrical bill xxxx including both consumption and demand charges, fuel adjustment charges (as determined for each month of the relevant period and not averaged), rate adjustment charges, sales tax, and/or any other factors or charges, actually used by the utility servicing the Building in computing the charges for Tenant’s usage (and inclusive of all discounts provided to the Building), divided by the total number of kilowatt hours and with no profit or mark up to Landlordhours. Tenant shall pay an amount equal to the product of (i) total number of kilowatt hours consumed by TenantTenant (excluding electricity consumed by any base Building systems (including, but not limited to, HVAC), multiplied by (ii) Landlord’s Actual Cost. Subject to the provisions of this Article 24, Landlord shall furnish electric energy to the Premises on a submetering basis for the purposes permitted under this Lease and Tenant shall purchase the same from Landlord at the Electric Rate as applied to the electric energy consumed in the Premises, which electric energy shall be measured by a meter submeter or meters submeters (which meters submeters and all supplemental equipment and all other necessary work necessary for the installation of the submeters shall, at Landlord’s cost, be installed prior to the applicable Term Commencement Date to the extent not already so installed and shall measure only Tenant’s electrical consumption) maintained by Landlord at Tenant’s expense. No base Building systems (including, but not limited to, HVAC) shall be included on Tenant’s submeter. Tenant shall have the right, from time to time, at XxxxxxTenant’s sole expense, to check the accuracy of the aforesaid meter submeter or meters submeters by the use of check meters. Landlord shall not charge Tenant any fee for connection to the Building’s fire alarm system or central station monitoring.

Electricity and Water. Section 24.01 For the purposes of this Article, the term “Electric Rate” shall mean one hundred percent (100%) of Landlord’s average cost per kilowatt hours for electricity for the Building (“Landlord’s Actual Cost”). The Landlord’s Actual Cost shall be computed by taking the Landlord’s total electrical bill xxxx including both consumption and demand charges, fuel adjustment charges (as determined for each month of the relevant period and not averaged), rate adjustment charges, sales tax, and/or any other factors or charges, actually used by the utility servicing the Building in computing the charges for Tenant’s usage (and inclusive of all discounts provided to the Building), divided by the total number of kilowatt hours and with no profit or mark xxxx up to Landlord. Tenant shall pay an amount equal to the product of (i) total number of kilowatt hours consumed by Tenant, multiplied by (ii) Landlord’s Actual Cost. Subject to the provisions of this Article 24, Landlord shall furnish electric energy to the Premises on a submetering basis for the purposes permitted under this Lease and Tenant shall purchase the same from Landlord at the Electric Rate as applied to the electric energy consumed in the Premises, which electric energy shall be measured by a meter or meters (which meters and all supplemental equipment and all other necessary work necessary for the installation of the submeters shall, at Landlord’s cost, be installed prior to the Term Commencement Date to the extent not already so installed and shall measure only Tenant’s electrical consumption) maintained by Landlord at Tenant’s expense. Tenant shall have the right, from time to time, at XxxxxxTenant’s sole expense, to check the accuracy of the aforesaid meter or meters by the use of check meters.

Electricity and Water. Section 24.01 For the purposes purpose of this Article, the term “Electric Rate” shall mean one hundred percent (100%) of Landlord’s average cost per kilowatt hours for electricity for the Building (“Landlord’s Actual Cost”). The Landlord’s Actual Cost shall be computed by taking the Landlord’s total electrical bill including both consumption and demand charges, fuel adjustment charges (as determined for each month of the relevant period and not averaged), rate adjustment charges, sales tax, and/or any other factors or charges, actually used by the utility servicing the Building in computing the charges for Tenant’s usage (and inclusive of all discounts provided to the Building), divided by the total number of kilowatt hours and with no profit or mark up to Landlord. Tenant shall pay an amount equal to the product actual cost to Landlord, including all applicable taxes, demand charges, fuel factors, transfer adjustment factors, or any other charges of the utility, of all electricity purchased for the Building plus seven percent (i7%) of the total number amount thereof as an administrative charge to Landlord. Effective as of kilowatt hours the Term Commencement Date, Tenant agrees to pay to Landlord or Landlord’s designated agent charges for electric current consumed by Tenant, multiplied Tenant as determined by (ii) Landlord’s Actual Costelectric consultant in accordance with Section 24.03 below. Subject Bills therefore computed using the Electric Rate shall be rendered at such times as Landlord may elect based upon estimates of Landlord’s electric consultant which may be made from time to time as Landlord deems necessary. Until such time as Landlord’s electrical consultant first makes its estimate as aforesaid, Tenant shall pay as its electricity charge hereunder (exclusive of Common Area Electric, as hereinafter defined) the provisions sum of this Article 24per annum (Base Charge) which shall be payable in equal monthly installments, Landlord together with the Tenant’s payments of Fixed Rent hereunder, on the first day of each calendar month. In the event Landlord’s consultant shall furnish determine that Tenant’s electricity charge should exceed the Base Charge (due to an increase in either Electric Rate or Tenant’s consumption), Tenant’s electricity charge hereunder shall be adjusted, retroactively at such time as Landlord’s electric energy consultant’s determination is made. Any deficiency for such prior period shall be payable upon demand. If, at any time after the date hereof, the Electric Rate shall be increased or decreased, then effective as of the date of such change, Tenant’s electricity charge hereunder shall be increased or decreased by the same percentage as that by which the Electric Rate is increased or decreased. In no event shall the electricity charge payable by Tenant hereunder be lower than the Base Charge. Tenant shall permit Landlord’s electric consultant to make surveys in the Premises on a submetering basis for the purposes permitted under this Lease (and Tenant shall purchase the same from Landlord at the Electric Rate as applied to the electric energy consumed cooperate with such consultant in the Premises, which electric energy shall be measured providing any information required by a meter or meters (which meters and all supplemental equipment and all other necessary work necessary for the installation of the submeters shall, at Landlord’s cost, be installed prior to the Term Commencement Date to the extent not already so installed and shall measure only Tenant’s electrical consumption) maintained by Landlord at Tenant’s expense. Tenant shall have the right, from time to time, at Xxxxxx’s sole expense, to check the accuracy of the aforesaid meter or meters by the use of check meters.the

Electricity and Water. Section 24.01 For the purposes of this Article, the term “Electric Rate” shall mean one hundred percent (100%) of Landlord’s average cost per kilowatt hours for electricity for the Building (“Landlord’s Actual Cost”). The Landlord’s Actual Cost shall be computed by taking the Landlord’s total electrical bill including both consumption and demand charges, fuel adjustment charges (as determined for each month of the relevant period and not averaged), rate adjustment charges, sales tax, and/or any other factors or charges, actually used by the utility servicing the Building in computing the charges for Tenant’s usage (and inclusive of all discounts provided to the Building), divided by the total number of kilowatt hours and with no profit or mark up to Landlord. Tenant shall pay an amount equal to the product of (i) total number of kilowatt hours consumed by Tenant, multiplied by (ii) Landlord’s Actual Cost. Subject to the provisions of this Article 24, Landlord shall furnish electric energy to the Premises on a submetering basis for the purposes permitted under this Lease and Tenant shall purchase the same from Landlord at the Electric Rate as applied to the electric energy kilowatt hours actually consumed in only the Premises, which electric energy shall be as measured by a meter or meters, maintained and installed by Landlord (the parties acknowledge that the meters serving the Premises are currently installed). Landlord represents to Tenant that no Building systems (which meters and all supplemental equipment and all other necessary work necessary for the installation of than base Building HVAC) or other spaces will be included on the submeters shall, at Landlord’s cost, be installed prior to measuring electricity consumed in the Term Commencement Date to the extent not already so installed and shall measure only Tenant’s electrical consumption) maintained by Landlord at Tenant’s expensePremises. Tenant shall have pay to Landlord at the right, from time to time, at Xxxxxx’s sole expense, to check the accuracy end of each billing period of the aforesaid public utility company then supplying electric current to the Building, within twenty (20) days after being billed therefor, an amount equal to the product of: (i) the Electric Rate for said billing period, and (ii) the kilowatt hours consumed in the Premises during such billing period, as measured by the meter or meters installed in the Premises as aforesaid. The term "Electric Rate" shall mean one hundred five percent (105%) of the average amount (net of any abatements and incentives Landlord shall receive less any costs incurred by Landlord in receiving such abatements and incentives) at which Landlord purchases each kilowatt hour of electricity for the Building, which amount shall be determined by dividing (x) the cost charged Landlord by the use utility company and/or electric supplier for the Building electricity during such billing period by (y) the number of check meterskilowatt hours consumed by the Building during such period (as shown on the electric invoice by the utility company and/or electric supplier for such period).

Electricity and Water. Section 24.01 For SECTION 24.01. Tenant covenants and agrees to pay directly to the purposes utility company supplying electricity to the premises the amounts due for electric current consumed by Tenant as indicated by meters measuring Tenant's consumption thereof. SECTION 24.02. If Landlord recaptures a portion of the premises (or this ArticleLease otherwise terminates as to only a portion of the premises) and, if as a result thereof, one meter measures the term “Electric Rate” shall mean one hundred percent (100%) consumption of Landlord’s average cost per kilowatt hours for electricity for electric current by Tenant and another tenant of space in the Building (“i.e., more than one tenant on a floor), or if there is no meter measuring Tenant's consumption of electric current for any purpose, including without limitation, air conditioning, ventilating and heating, Tenant agrees to pay to Landlord or Landlord’s Actual Cost”'s designated agent charges for electric current consumed by Tenant as determined by Landlord's electric consultant in accordance with Section 24.04 below, it being the intention of the parties that the Tenant be charged the same amount as if Tenant were furnished electrical energy directly by the public utility plus the 5% charge hereinafter provided for. Bills therefor at the rate charged to Landlord for such electric current, plus the amount of sales tax imposed thereon by any governmental authority, plus 5% of the total amount thereof for administration and processing, shall be rendered at such times as Landlord may elect based upon estimates of Landlord's electric consultant which may be made from time to time as Landlord deems necessary. In the event that such bills are not paid within twenty (20) days after the same are rendered, Landlord may exercise all of its rights and remedies under this Lease or otherwise for non-payment of rent. Tenant shall permit Landlord's electrical consultant to make surveys in the premises from time to time during normal business hours regarding the electrical equipment and fixtures and the use of electric current therein, but such consultant will endeavor to minimize the disruption of Tenant's business. In the event the Tenant occupies a portion of a floor, with respect to the electric current used (i) to run the core air conditioning, heating and ventilating system on Tenant's floor, including without limitation, for purposes of "early morning warm-up" and (ii) for the lighting of the common areas on Tenant's floor (herein collectively called "Common Area Electric"), Tenant shall pay its proportionate share of such charge for such Common Area Electric plus sales tax and the administrative fees referred to above, based upon the proportion which the rentable area of the premises bears to the rentable area of the floor on which the premises are located. Tenant's proportionate share for Common Area Electric shall not include any additional or overtime electric used by other tenants. SECTION 24.03. Tenant covenants and agrees that at no time will the connected electrical load in the premises exceed five (5) xxxxx per rentable square foot, which Landlord represents is existing within the premises. Landlord shall furnish and install, at Tenant's expense, all replacement lighting tubes, lamps, bulbs and ballasts required in the premises. SECTION 24.04. Any determinations with respect to charges for electricity on floors occupied by more than one tenant which must be made pursuant to the terms of this Lease shall be made by a reputable, independent electrical consultant selected by Landlord ("Landlord's electrical consultant"). The Any determination made by Landlord’s Actual Cost 's electrical consultant pursuant to or in connection with this Lease shall be computed binding and conclusive on Landlord and on Tenant unless Tenant disputes such determination as hereinafter provided. Tenant shall have the right to give a notice (the "Dispute Notice") to Landlord within thirty (30) days after the date it is notified of any determination by taking Landlord's electrical consultant that Tenant has engaged its own electrical consultant ("Tenant's electrical consultant") to verify the determination of Landlord’s total 's electrical bill including both consumption consultant. If Tenant's electrical consultant and demand chargesLandlord's electrical consultant cannot agree with ten (10) days after the Dispute Notice, fuel adjustment if any, if given on what an appropriate resolution of their dispute should be, then either party, upon notice to the other, shall submit the issue to arbitration. While such dispute is being resolved, Tenant shall pay such charges and payments as would be due hereunder if Landlord's electrical consultant's determination were correct without prejudice to Tenant's position. In the event it is finally determined that there has been an overpayment by Tenant, such overpayment shall be credited against future rent payments due from Tenant under the Lease and in the event of an underpayment, the amount of such underpayment by Tenant shall be paid by Tenant to Landlord within twenty (as determined for each month 20) days after such determination is made. SECTION 24.05. Tenant's use of electric energy in the premises and/or the Building's telephone network shall not at any time exceed the capacity of any of the relevant period equipment in or otherwise serving the premises. In order to ensure that such capacities are not exceeded and not averaged), rate adjustment charges, sales tax, and/or any other factors or charges, actually used by the utility servicing to avert possible adverse effect upon the Building s electric service and/or the Building's telephone network, Tenant shall not, without Landlord's prior consent in computing the charges for Tenant’s usage each instance (and inclusive of all discounts provided i) connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the premises existing on the term commencement date other than typewriters, lamps, desk calculators, photocopier and similar small office appliances (which shall include computers, facsimile machines, video cassette recorders, televisions, music systems and freestanding fans, provided the capacities serving the premises are not exceeded) or (ii) connect any telecommunication devices to the Building's telephone network in excess of that which an ordinary office installation would connect. Should Landlord grant such consent(s), divided all additional risers or other equipment required therefor shall be provided by Landlord and Landlord's charge therefor (as well as any charge for any future maintenance or repair thereof) shall be paid by Tenant to Landlord within ten (10) days after demand. SECTION 24.06. Where water is furnished by Landlord for purposes other than for (i) normal office use (including a pantry-type wet kitchen), (ii) Landlord s air conditioning equipment during Business Hours, and (iii) drinking, lavatory or toilet facilities in the total number of kilowatt hours and with no profit or mark up to Landlord. premises, Tenant shall pay an a reasonable amount equal to for the product same and for any required pumping and heating thereof as well as any taxes, sewer rents or other charges which may be imposed by the city or other governmental authority or agency thereof based on the quantity of (i) total number of kilowatt hours consumed water so used by Tenant, multiplied by (ii) Landlord’s Actual Cost. SECTION 24.07. Subject to the provisions of this Article 24Section 17.05, Landlord shall in no way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur by reason of any failure, inadequacy or defect in the character, quantity or supply of electricity, water or telephone network access and/or service furnished to the premises. SECTION 24.08. Landlord may, if done on a reasonably uniform basis and at any time during the term hereof, upon not less than thirty (30) days prior notice to Tenant, change the method of furnishing electricity to the premises from the basis then in effect to a submetering basis. If Landlord elects to furnish electricity to the premises on a submetering basis, then, effective as of the date (hereinafter called the "Submetering Conversion Date") on which Landlord begins to furnish electric energy to the Premises premises on a submetering basis basis: (a) Landlord shall, subject to the provisions of Section 24.04, furnish electric energy to the premises for the purposes permitted under this Lease and Tenant shall purchase the same from Landlord at the Electric Rate rates, charges and terms from time to time paid by Landlord to purchase electric energy from the public utility, plus the 5% administrative charge hereinabove mentioned, provided that the same shall not be in excess of those allowable under law, as applied to the electric energy consumed in the Premisespremises, which electric energy shall be as measured by a meter or meters meters, maintained and installed by Landlord at Landlord s expense (which meters installation may include the addition of, or the modification of the existing, risers, feeders, wiring and other conductors and equipment, any and all supplemental equipment and all other necessary work necessary of which shall be paid for by Landlord) at such location or locations as Landlord shall determine, it being understood that the meters so installed may include a meter relating to the demand factor aspect of such consumption of electric energy. (b) Tenant shall pay Landlord, as additional rent, the amounts from time to time billed by Landlord pursuant to the provisions hereof for the installation electric energy consumed in the premises; each such xxxx to be paid within ten (10) days after the same has been rendered. Where more than one meter shall measure the electric energy consumed in the premises, the amount consumed, as measured by each meter, may be computed and billed separately in accordance with the provisions hereof. If any tax is imposed upon Landlord's receipts from the sale or resale of the submeters shallelectric energy to Tenant under federal, at Landlord’s coststate, be installed prior to the Term Commencement Date municipal or other law, such tax may, to the extent not already so installed and shall measure only Tenant’s electrical consumption) maintained permitted by law, be passed on by Landlord at Tenant’s expenseto Tenant and be included, as additional rent, in the bills payable by Tenant hereunder. (c) If any xxxx rendered by Landlord is not paid within the period hereinabove specified, Landlord may without further notice discontinue the furnishing of electric energy to the premises without releasing Tenant from any liability under this Lease and without Landlord or any agent of Landlord incurring any liability for any loss or damage sustained by Tenant by reason of such discontinuance of electrical service. SECTION 24.09. Tenant shall have pay to Landlord, as additional rent, the right, amounts from time to timetime billed by Landlord pursuant to the provisions hereof, at Xxxxxx’s sole expenseeach such xxxx to be paid within ten (10) days after the same has been rendered. If any tax is imposed upon Landlord's receipts from the sale or resale of electric energy to Tenant under federal, state, municipal or other law, such tax may, to check the accuracy of extent permitted by law, be passed on by Landlord to Tenant and be included as additional rent, in the aforesaid meter bills payable by Tenant hereunder. SECTION 24.10. Notwithstanding anything contained in this Article 24 to the contrary (a) if the law or meters utility servicing the Building requires Tenant to convert to direct metering, then the cost to so convert shall be split equally between Landlord and Tenant and (b) if the conversion is required by Landlord and not the use of check meterslaw or the utility servicing the Building, then the cost to so convert shall be paid by Landlord.