Common use of Electricity Charges Clause in Contracts

Electricity Charges. Except as provided herein, Landlord shall not be liable for any interruption or delay in electric or any other utility service for any reason unless caused by the negligence or willful misconduct of Landlord its agents, employees and invitees. If interruption or delay occurs and shall continue for more than two (2) consecutive business days for any reason within Landlord’s reasonable control, Fixed Rent shall xxxxx until services are restored. Landlord shall have the right to change the electric and other utility provider to the Project or Building at any time, providing that the electricity charges to Tenant shall be no greater than any of those that would be available to a similarly situated tenant if it obtained electricity through a commercially available provider other than Landlord. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, (a) all charges incurred by Tenant for electricity in the Premises, such charges to be based upon Tenant’s consumption, as measured by Landlord’s submeter for the Premises and (b) Tenant’s Allocated Share of all charges incurred in the operation of the common areas of the Building with respect to electric/gas. The aforesaid electricity charges shall commence upon, occupancy by Tenant of the Premises. Landlord, 24 hours a day, 7 days a week (“Working Hours”), excluding legal holidays, shall furnish the Premises with heat and air-conditioning (HVAC) in the respective seasons sufficient to provide for comfortable working conditions for the occupants of the Premises. Other than during the hours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M., Landlord shall similarly supply HVAC in the Premises or part(s) thereof upon request of Tenant at Landlord’s actual out of pocket cost for gas and electricity usage for such HVAC, and shall xxxx Tenant monthly for such overtime HVAC. Landlord shall provide air conditioning 24 hours a day, 7 days a week, 365 days a year, to Tenant’s cold room at no additional cost to Tenant. Landlord shall endeavor to provide the Premises with electricity for lighting and usual office equipment as well as water service twenty-four hours a day, seven days a week, and shall keep reasonably lighted all hallways, stairways, common areas at all times, and shall endeavor to provide use and safe access to the Building and all parking, common areas and elevators twenty-four hours a day seven days a week Tenant shall have access to the Premises 24 hours a day, 7 days a week, 365 days a year.

Electricity Charges. Except as provided herein, Landlord shall not be liable for any interruption or delay in electric or any other utility service for any reason unless caused by the gross negligence or willful misconduct of Landlord or its agents, employees and invitees. If interruption or delay occurs and shall continue for more than two (2) consecutive business days for any reason within Landlord’s reasonable control, Fixed Rent shall xxxxx until services are restored. Landlord shall have the right to change the electric and other utility provider to the Project or Building at any time. Notwithstanding anything in this Lease to the contrary, providing that the electricity charges to Tenant shall be no greater than any of those that would be available to a similarly situated tenant if it obtained electricity through a commercially available provider other than Landlord. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, (a) all charges incurred by Tenant Landlord or its agent for electricity in the Premises, electricity; such charges to for the Premises shall be based upon Tenant’s consumption, as measured by Landlord’s submeter Share and such common area charges for the Premises and (b) Building shall be based on Tenant’s Allocated Share of all charges incurred in the operation of the common areas of the Building with respect to electric/gasShare. The aforesaid electricity charges shall commence upon, upon occupancy by Tenant of the Premises. Landlord shall have the right to estimate the electric charge but shall be required to reconcile on en annual basis based on invoices received for such period. Except for reasons outside of Landlord’s control, Landlord, 24 during the hours a day, 7 days a week of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M. (“Working Hours”), excluding legal holidays, shall furnish the Premises with heat and air-conditioning (HVAC) in the respective seasons sufficient to provide for comfortable working conditions for the occupants of the Premises. Other than during the hours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M., Landlord shall similarly supply HVAC in the Premises or part(s) thereof upon request of Tenant at Landlord’s actual out of pocket cost for gas and electricity usage for such HVACseasons, and shall xxxx Tenant monthly for such overtime HVAC. Landlord shall provide air conditioning 24 hours a day, 7 days a week, 365 days a year, to Tenant’s cold room at no additional cost to Tenant. Landlord shall endeavor to all times provide the Premises with electricity for lighting and usual office equipment as well as water service twentyequipment. At any hours other than the aforementioned, such heat and air-four hours conditioning services will be provided at Tenant’s expense at $75.00 per hour. Notwithstanding anything herein to the contrary, if Landlord reasonably determines that Tenant’s use of electricity is excessive, Tenant agrees to pay for the installation of a day, seven days a week, and shall keep reasonably lighted all hallways, stairways, common areas at all times, and shall endeavor separate electric meter to provide measure electrical usage in excess of normal office use and safe access to the Building and pay Landlord for all parking, common areas and elevators twenty-four hours a day seven days a week Tenant shall have access to the Premises 24 hours a day, 7 days a week, 365 days a yearsuch excess electricity registered in such submeter.

Electricity Charges. Except as provided herein, Landlord shall not be liable for any interruption or delay in electric or any other utility service for any reason unless caused by the negligence or willful misconduct of Landlord or its agents, employees and invitees. If interruption or delay occurs and shall continue for more than two (2) consecutive business days for any reason within Landlord’s reasonable control, Fixed Rent shall xxxxx until services are restored. Landlord shall have the right to change the electric and other utility provider to the Project or Building at any time, providing that the electricity charges to Tenant shall be no greater than any of those that would be available to a similarly situated tenant if it obtained electricity through a commercially available provider other than Landlord. Tenant shall pay to Landlord, as Additional Rent, within thirty fifteen (3015) business days of receipt of Landlord’s 's billing statement therefor, (a) all charges incurred by Tenant Landlord, or its agent, for electricity in the Premiseselectricity, such charges to be based upon Tenant’s consumption, as measured by Landlord’s submeter for the Premises and (b) Tenant’s Allocated Share of all charges incurred in the operation of the common areas of the Building with respect to electric's submeter/gasseparate meter. The aforesaid electricity charges shall commence upon, upon occupancy by Tenant of the Premises. As long as Tenant is not in default under any covenants of this Lease, Landlord, 24 hours a day, 7 days a week (“Working Hours”), excluding legal holidays, shall furnish the Premises with heat and air-conditioning (HVAC) in the respective seasons sufficient to provide for comfortable working conditions for the occupants of the Premises. Other than during the hours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M.P.M. ("Working Hours"), Landlord excluding legal holidays, shall similarly supply HVAC furnish the Premises with heat and air-conditioning in the Premises or part(s) thereof upon request of Tenant at Landlord’s actual out of pocket cost for gas and electricity usage for such HVACrespective seasons, and shall xxxx Tenant monthly for such overtime HVAC. Landlord shall provide air conditioning 24 hours a day, 7 days a week, 365 days a year, to Tenant’s cold room at no additional cost to Tenant. Landlord shall endeavor to provide the Premises with electricity for lighting and usual office equipment as well as water equipment. Landlord will provide after-hours cooling, heating and ventilating at hourly rates based on the actual cost incurred by Landlord in providing such service twenty-four (and in no event more than $65.00 per hour); provided, that Tenant shall give reasonable prior notice of the desire for such services. If Landlord provides requested after hours a dayservice of two or more tenants, seven days a weekTenant shall only be charged its proportionate share of these expenses. Notwithstanding the foregoing, and shall keep reasonably lighted all hallwaysthroughout any renewal periods, stairways, common areas at all times, and shall endeavor to provide use and safe access to the Building and all parking, common areas and elevators twenty-four hours a day seven days a week Tenant shall have access the right to contract separately and have meters installed, at its sole cost and expense, for both Tenant's electricity for the Premises 24 hours a day, 7 days a week, 365 days a yearand Tenant's share of common electricity service. Any savings derived from Tenant's contract with the electric provider will be credited or paid directly to Tenant from the electric provider.

Electricity Charges. Except as provided herein, Landlord shall not be liable for any interruption or delay in electric or of any other utility service for any reason unless caused by the gross negligence or willful misconduct of Landlord its agents, employees and invitees. If interruption or delay occurs and shall continue for more than two (2) consecutive business days for any reason within Landlord’s reasonable control, Fixed Rent shall xxxxx until services are restored. provided that Landlord shall have the right use commercially reasonable efforts to change the electric and other utility provider to the Project or Building at minimize any time, providing that the electricity charges to Tenant shall be no greater than any of those that would be available to a similarly situated tenant if it obtained electricity through a commercially available provider other than Landlordinterruption. Tenant shall pay to Landlord, as Additional Rent, within thirty twenty (3020) business days of after receipt of Landlord’s billing statement therefor, (a) all charges incurred by Tenant Landlord for electricity in the Premiseselectricity, such charges to be based upon Tenant’s consumption, as measured by Landlord’s submeter for the Premises and (b) Tenant’s Allocated Share of all charges incurred in the operation of the common areas of the Building with respect to electric/gasat Landlord’s actual cost for providing this service. The aforesaid electricity charges Landlord shall commence upon, occupancy by Tenant of the Premises. Landlord, 24 hours a day, 7 days a week (“Working Hours”), excluding legal holidays, shall furnish i) provide the Premises with heat electricity for lighting and air-conditioning usual office equipment, and (HVACii) in the respective seasons sufficient to provide for comfortable working conditions for the occupants of the Premises. Other than during the hours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M.P.M. (“Working Hours”), Landlord shall similarly supply HVAC in the Premises or part(s) thereof upon request of Tenant at Landlord’s actual out of pocket cost for gas and electricity usage for such HVACexcluding legal holidays, and shall xxxx Tenant monthly for such overtime HVAC. Landlord shall provide air conditioning 24 hours a day, 7 days a week, 365 days a year, to Tenant’s cold room at no additional cost to Tenant. Landlord shall endeavor to provide furnish the Premises with heat and air-conditioning in the respective seasons. At any hours other than Working Hours, such HVAC services will be provided at Tenant’s expense at $75.00 per hour. Notwithstanding anything herein to the contrary, if Landlord reasonably determines that Tenant’s use of electricity for lighting and usual office equipment as well as water service twenty-four hours a dayis excessive, seven days a week, and shall keep reasonably lighted all hallways, stairways, common areas at all times, and shall endeavor to provide after providing Tenant with reasonable notice of such excessive use and safe access such excessive use continues for more than sixty (60) days after Tenant’s receipt of such notice, Tenant agrees to pay for the Building installation of a separate electric meter to measure electrical usage in excess of normal office use and to pay Landlord for all parking, common areas and elevators twenty-four hours a day seven days a week Tenant shall have access to the Premises 24 hours a day, 7 days a week, 365 days a yearsuch excess electricity registered in such submeter.

Electricity Charges. Except as provided herein, Landlord shall not be liable for any interruption or delay in electric or any other utility service for any reason unless caused by the gross negligence or willful misconduct of Landlord its agentsLandlord. Notwithstanding the preceding sentence in this Section 7 to the contrary, employees and invitees. If (i) if any interruption of electric or delay occurs and any other utility services, however caused, shall continue for more than two five (25) consecutive business days or ten (10) business days within any twelve (12) month period, and such interruption substantially affects Tenant’s ability to use and occupy the Premises for any reason within Landlord’s reasonable controlits Permitted Use, Fixed Rent shall xxxxx be equitably abated based upon the portion of the Premises which is rendered uninhabitable as a result of such interruption (but not in an aggregate amount in excess of the aggregate amount of proceeds Landlord receives under its “loss of rents” policy) until such electric or other utility services are restored. Landlord shall have the right to change the electric and other utility provider to the Project or Building at any time, providing that the electricity charges to Tenant shall be no greater than any of those that would be available to a similarly situated tenant if it obtained electricity through a commercially available provider other than Landlord. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, (a) all charges incurred by Tenant Landlord for electricity in the Premiseselectricity, such charges to be based upon Tenant’s consumption, Share. Tenant shall pay to Landlord as measured by Additional Rent Landlord’s submeter for the Premises and (b) Tenant’s Allocated monthly estimate of Tenants Share of all electricity charges incurred in the operation same manner, and pursuant to the same process as Tenant is required to pay the monthly estimates of the common areas of the Building with respect Recognized Expenses pursuant to electric/gasArticle 6 above. The aforesaid electricity charges shall commence upon, upon occupancy by Tenant of the Premises. Landlord, 24 during the hours a day, 7 days a week of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M. (“Working Hours”), excluding legal holidays, shall furnish the Premises with heat and air-conditioning (HVAC) in the respective seasons sufficient to provide for comfortable working conditions for the occupants of the Premises. Other than during the hours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M., Landlord shall similarly supply HVAC in the Premises or part(s) thereof upon request of Tenant at Landlord’s actual out of pocket cost for gas and electricity usage for such HVACseasons, and shall xxxx Tenant monthly for such overtime HVAC. Landlord shall provide air conditioning 24 hours a day, 7 days a week, 365 days a year, to Tenant’s cold room at no additional cost to Tenant. Landlord shall endeavor to provide the Premises with electricity for lighting and usual office equipment as well as water service twenty-four equipment. At any hours other than the aforementioned, such services will be provided at Tenant’s expense at $65.00 per hour. Notwithstanding anything herein to the contrary, if Landlord reasonably determines that Tenant’s use of electricity is excessive, Tenant agrees to pay for the installation of a day, seven days a week, and shall keep reasonably lighted all hallways, stairways, common areas at all times, and shall endeavor separate electric meter to provide measure electrical usage in excess of normal office use and safe access to the Building and pay Landlord for all parking, common areas and elevators twenty-four hours a day seven days a week Tenant shall have access to the Premises 24 hours a day, 7 days a week, 365 days a yearsuch excess electricity registered in such submeter.

Electricity Charges. Except as provided herein, Landlord shall not be liable for any interruption or delay in electric or of any other utility service for any reason unless caused by the gross negligence or willful misconduct of Landlord its agents, employees and invitees. If interruption or delay occurs and shall continue for more than two (2) consecutive business days for any reason within Landlord’s reasonable control, Fixed Rent shall xxxxx until services are restored. Landlord shall have the right to change the electric and other utility provider to the Project or Building at any time, providing that the electricity charges to Tenant shall be no greater than any of those that would be available to a similarly situated tenant if it obtained electricity through a commercially available provider other than Landlord. Tenant shall pay to Landlord, as Additional Rent, within thirty (30) business days of receipt of Landlord’s billing statement therefor, (a) all charges incurred by Tenant Landlord for electricity in the Premises, such charges to be based upon Tenant’s consumption, as measured by Landlord’s submeter for the Premises and (b) Tenant’s Allocated Share of all charges incurred in the operation of the common areas of the Building consumed with respect to electric/gas. The aforesaid electricity charges shall commence upon, occupancy by Tenant of the Premises. Landlord, 24 during the hours a day, 7 days a week of 8:00 a.m. and 6:00 p.m. on weekdays and 8:00 a.m. and 1:00 p.m. on Saturdays (“Working Hours”), excluding legal holidays, shall furnish the Premises with heat and air-conditioning (HVAC) in the respective seasons sufficient to provide for comfortable working conditions for the occupants of the Premises. Other than during the hours of 8:00 A.M. to 6:00 P.M. on weekdays and on Saturdays from 8:00 A.M. to 1:00 P.M., Landlord shall similarly supply HVAC in the Premises or part(s) thereof upon request of Tenant at Landlord’s actual out of pocket cost for gas and electricity usage for such HVACseasons, and shall xxxx Tenant monthly for such overtime HVAC. Landlord shall provide air conditioning 24 hours a day, 7 days a week, 365 days a year, to Tenant’s cold room at no additional cost to Tenant. Landlord shall endeavor to provide the Premises with electricity for lighting and usual office equipment. At any hours other than the aforementioned, such services will be provided at Tenant’s expense at $65.00 per hour. An independent electrical engineering consultant selected by Landlord shall from time to time make a survey of the electric power demanded of the electric lighting fixtures and the electric equipment of Tenant used in the Premises to determine the average monthly electric consumption thereof. Until such survey is made, Tenant shall pay to Landlord as well Additional Rent an established amount equal to $1,143.48 per month on the first day of each calendar month commencing on the Commencement Date. The estimate is based on $1.75 per square foot of the rentable area of the Premises. Absent manifest error, the findings of said consultant as water service twenty-four hours a day, seven days a weekto the average monthly electric consumption of Tenant shall be conclusive and binding on the parties, and shall keep reasonably lighted all hallways, stairways, common areas at all times, and shall endeavor Landlord may use such findings to provide use and safe access adjust the electricity charges back to the Building Commencement Date. Tenant shall be responsible for replacing all light bulbs and all parking, common areas and elevators twenty-four hours a day seven days a week ballasts used by Tenant shall have access to in the Premises 24 hours a day, 7 days a week, 365 days a yearPremises.