Common use of Electricity Charge Clause in Contracts

Electricity Charge. Tenant shall use electricity furnished by Landlord as Tenant's sole source of electrical energy, and the Electricity Charge, as hereinafter defined, shall be additional rent under this Lease. Landlord's designated engineering consultant shall, from time to time, conduct a survey of the Demised Premises in order to establish an estimate of the electrical energy which will be used by the electrical installations in the Demised Premises. This energy estimate shall be based upon data obtained from Tenant's design plans and specifications and verified by an electrical energy survey of the Demised Premises following completion of Tenant's Work. The energy estimate shall consider Tenant's hours of operation and the total electrical usage based on connected electrical loads consisting of lighting, air conditioning equipment and other miscellaneous electric equipment installed and controlled by Tenant. Landlord's engineer consultant shall use the aforesaid survey estimate to establish Tenant's Electricity Charge. In connection with each survey, Tenant shall furnish Landlord, upon request, with the information required by Landlord to estimate Tenant's electrical loads. Tenant shall pay Landlord, monthly in advance, a sum equal to Tenant's Monthly Electricity Charge which shall be based upon the aforesaid survey. The Electricity Charge may be revised by Landlord from time to time to reflect an increase or decrease in the following: taxes, rates charged to similar consumers by the electric utility company, from which Landlord purchases its electricity, Tenant's connected load, any adjustment required as a result of actual operating experience, and seasonal requirements. In no event shall payment of the Electricity Charge abatx, xxr shall Tenant have any right to offset in any manner against the payment of such Electricity Charge.

Electricity Charge. (a) Landlord shall furnish such electric energy as Tenant shall use reasonably require for ordinary office uses during the hours of 8:00 a.m. through 6:00 p.m. Mondays through Fridays (excepting holidays), in an amount not less (but is not required to be more than) 6 xxxxx demand load per useable square foot. Tenant shall pay for such electricity at an annual rate of $16,425.50 (the "Tenant's Electricity Charge") payable in equal monthly installments of $1,363.87 together with each monthly installment of Fixed Rent (representing $1.50/rentable square foot). Tenant acknowledges that the public utility rate schedule used to determine the value of electricity to be furnished by Landlord as to Tenant may increase after the date hereof and in such event, the Tenant's sole source of electrical energy, and the Electricity Charge, as hereinafter defined, Charge shall be additional rent under this Lease. Landlordincreased accordingly and shall be determined by applying the prevailing local public utility rates, inclusive of any taxes included in or applicable to such rates and based upon the consumption of electricity by Tenant provided, however, Tenant shall in no case be liable for a Tenant's designated engineering consultant shall, Electricity Charge of less than $1.50 per square foot for electricity, (b) Landlord shall have the right at any time and from time to timetime during the term to examine and survey the consumption by Tenant of electricity, conduct a survey of the Demised Premises in order to establish an estimate of including without limitation, examining and surveying, the electrical energy which will be used by the electrical installations wiring, equipment and all lighting fixtures and apparatus consuming electricity in the Demised Premises. This energy estimate shall be based upon data obtained from Tenant's design plans and specifications and verified by an electrical energy survey of the Demised Premises following completion of Tenant's Work. The energy estimate shall consider demised premises, Tenant's hours of operation and the total electrical usage based on connected electrical loads consisting of lighting, air conditioning equipment and all other miscellaneous electric equipment installed and controlled by Tenant. Landlord's engineer consultant shall use the aforesaid survey estimate to establish Tenant's Electricity Charge. In connection with each survey, Tenant shall furnish Landlord, upon request, with the information required by Landlord to estimate Tenant's electrical loads. Tenant shall pay Landlord, monthly in advance, a sum equal factors relevant to Tenant's Monthly Electricity Charge which shall be based upon the aforesaid surveyconsumption of electricity. The Electricity Charge may be revised by Landlord from time to time to reflect an increase or decrease in the following: taxesIf, rates charged to similar consumers by the electric utility company, from which Landlord purchases its electricity, Tenant's connected load, any adjustment required as a result of actual operating experiencea survey made pursuant to this provision, Landlord determines that the value to Tenant of the electric energy supplied by Landlord (determined by the prevailing local public utility rates payable by Landlord for electrical service inclusive of all applicable "demand" and seasonal requirements. related charges including "fuel adjustment" charges and any taxes included in or applicable to such rates) has been increased because of increased use by Tenant or any other act or omission by Tenant, Tenant's failure to maintain its equipment in good order and repair, Tenant's use of the demised premises at other than the standard business hours specified in paragraph (a) above, or if there shall be an increase in charges by the public utility servicing the Building then in each such event, Tenant's Electricity Charge shall be increased by an amount equal to such increase in value, effective on a retroactive basis to the later to occur of: (i) the date of the occurrence of the event triggering such increase (herein, the "Trigger Date"); or (ii) the date which is one (1) year prior to the Trigger Date. (c) In no event shall payment the provisions of this Article result in any decreases in the Tenant's Electricity Charge abatxbelow $1.50 per rentable square foot. (d) Landlord shall not be liable or responsible to Tenant for any loss, xxr damage or expense that Tenant sustains or incurs if either the quantity or character of electric service is changed or interrupted or is no longer available or suitable for Tenant's requirements unless due to the gross negligence or willful misconduct of Landlord. (e) Tenant, at its sole cost and expense, shall Tenant have any right to offset furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in any manner against the payment of such Electricity ChargeSublet Space.

Electricity Charge. (1) Landlord shall furnish such electric energy as Tenant shall use reasonably require for ordinary office uses during the hours of 8:00 a.m. through 6:00 p.m. Mondays through Fridays (excepting holidays), in an amount not less (but is not required to be more than) 6 xxxxx demand load per useable square foot. Tenant shall pay for such electricity at an annual rate of $16,425.50 (the "Tenant's Electricity Charge") payable in equal monthly installments of $1,368.87 together with each monthly installment of Fixed Rent (representing $1.50/rentable square foot). Tenant acknowledges that the public utility rate schedule used to determine the value of electricity to be furnished by Landlord as to Tenant may increase after the date hereof and in such event, the Tenant's sole source of electrical energy, and the Electricity Charge, as hereinafter defined, Charge shall be additional rent under this Lease. Landlordincreased accordingly and shall be determined by applying the prevailing local public utility rates, inclusive of any taxes included in or applicable to such rates and based upon the consumption of electricity by Tenant provided, however, Tenant shall in no case be liable for a Tenant's designated engineering consultant shall, Electricity Charge of less than $1.50 per square foot for electricity. (2) Landlord shall have the right at any time and from time to timetime during the term to examine and survey the consumption by Tenant of electricity, conduct a survey of the Demised Premises in order to establish an estimate of including without limitation, examining and surveying, the electrical energy which will be used by the electrical installations wiring, equipment and all lighting fixtures and apparatus consuming electricity in the Demised Premises. This energy estimate shall be based upon data obtained from Tenant's design plans and specifications and verified by an electrical energy survey of the Demised Premises following completion of Tenant's Work. The energy estimate shall consider demised premises, Tenant's hours of operation and the total electrical usage based on connected electrical loads consisting of lighting, air conditioning equipment and all other miscellaneous electric equipment installed and controlled by Tenant. Landlord's engineer consultant shall use the aforesaid survey estimate to establish Tenant's Electricity Charge. In connection with each survey, Tenant shall furnish Landlord, upon request, with the information required by Landlord to estimate Tenant's electrical loads. Tenant shall pay Landlord, monthly in advance, a sum equal factors relevant to Tenant's Monthly Electricity Charge which shall be based upon the aforesaid surveyconsumption of electricity. The Electricity Charge may be revised by Landlord from time to time to reflect an increase or decrease in the following: taxesIf, rates charged to similar consumers by the electric utility company, from which Landlord purchases its electricity, Tenant's connected load, any adjustment required as a result of actual operating experiencea survey made pursuant to this provision, Landlord determines that the value to Tenant of the electric energy supplied by Landlord (determined by the prevailing local public utility rates payable by Landlord for electrical service inclusive of all applicable "demand" and seasonal requirements. related charges including "fuel adjustment" charges and any taxes included in or applicable to such rates) has been increased because of increased use by Tenant or any other act or omission by Tenant, Tenant's failure to maintain its equipment in good order and repair, Tenant's use of the demised premises at other than the standard business hours specified in paragraph (a) above, or if there shall be an increase in charges by the public utility servicing the Building then in each such event, Tenant's Electricity Charge shall be increased by an amount equal to such increase in value, effective on a retroactive basis to the later to occur of: (i) the date of the occurrence of the event triggering such increase (herein, the "Trigger Date"); or (ii) the date which is one (1) year prior to the Trigger Date. (3) In no event shall payment the provisions of this Article result in any decreases in the Tenant's Electricity Charge abatxbelow $1.50 per rentable square foot. (4) Landlord shall not be liable or responsible to Tenant for any loss, xxr damage or expense that Tenant sustains or incurs if either the quantity or character of electric service is changed or interrupted or is no longer available or suitable for Tenant's requirements unless due to the gross negligence or willful misconduct of Landlord. (5) Tenant, at its sole cost and expense, shall Tenant have any right to offset furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in any manner against the payment of such Electricity ChargeSublet Space.

Electricity Charge. Electricity used by Tenant shall use electricity furnished by Landlord as Tenant's sole source of electrical energy, and in the Electricity Charge, as hereinafter defined, Premises shall be additional rent under paid for by Tenant by a separate charge payable by Tenant to Landlord in accordance with this Lease. Landlord's designated engineering consultant shall, from time to time, conduct a survey of the Demised Premises in order to establish an estimate of the electrical energy which will be used by the electrical installations in the Demised Premises. This energy estimate shall be based upon data obtained from Tenant's design plans and specifications and verified by an electrical energy survey of the Demised Premises following completion of Tenant's Work. The energy estimate shall consider Tenant's hours of operation and the total electrical usage based on connected electrical loads consisting of lighting, air conditioning equipment and other miscellaneous electric equipment installed and controlled by Tenant. Landlord's engineer consultant shall use the aforesaid survey estimate to establish Tenant's Electricity Charge. In connection with each survey, Tenant shall furnish Landlord, upon request, with the information required by Landlord to estimate Tenant's electrical loadsSection 7.01. Tenant shall pay to Landlord within thirty (30) days after receipt of an invoice from Landlord, monthly the sum of (a) an amount computed by applying Tenant’s consumption and demand for the billing period in advancequestion (as measured by the submeter(s) installed (to the extent not already existing) and maintained by Landlord, a sum equal at Landlord’s cost and expense, unless any repairs, maintenance or replacements are caused by the negligence or willful misconduct of Tenant or any of Tenant’s contractors, agents or employees, in which case such cost shall be paid for by Tenant) to Landlord’s Monthly Cost Rate (defined below) plus, (b) two percent (2%) of the amount determined in (a). “Landlord’s Monthly Cost Rate” means (i) the total dollar amount billed to Landlord by the public utility and/or service providers supplying electric service to the Office Unit for the Office Unit's consumption for the relevant billing period for energy (kilowatt hours, i.e., "KWH"), divided by the total kilowatt hours consumed by the Office Unit for that billing period, carried to six decimal places, and (ii) the total dollar amount billed to Landlord by the public utility and/or service providers supplying electric service to the Office Unit for the Office Unit’s consumption for the relevant billing period for demand (kilowatts, i.e., "KW"), divided by the total demand (kilowatts) of the Office Unit for such billing period, carried to six decimal places. The Landlord's Monthly Cost Rate for KWH and for KW shall be applied to Tenant's Monthly Electricity Charge which electricity consumption and demand, KWH and KW, for the relevant billing period. Where more than one (l) meter measures the service of Tenant in the Office Unit, the service rendered through each meter shall be based upon aggregated and billed as if measured on one meter (either, at Landlord’s option, through a smart meter system or through a so-called “totalizer” that shall be installed by Landlord, at Landlord’s cost, if not already existing), in accordance with the aforesaid surveyrates herein specified. The Electricity Charge may be revised If any tax is imposed on Landlord's receipt from the sale or resale of electric energy to Tenant by Landlord from time to time to reflect an increase any federal, state or decrease in the following: taxesmunicipal authority, rates charged to similar consumers Tenant covenants and agrees that where permitted by the electric utility company, from which Landlord purchases its electricitylaw, Tenant's connected load, any adjustment required as a result pro rata share of actual operating experiencesuch tax shall be passed on to, and seasonal requirements. In no event shall payment of included in the Electricity Charge abatxxxxx of, xxr shall and by Tenant have any right to offset in any manner against the payment of such Electricity ChargeLandlord.