Common use of Electricity Consumption Threshold Clause in Contracts

Electricity Consumption Threshold. Grantee’s actual electricity consumption for the Colocation Premises, as determined by the Electrical Metering Equipment or such other measurement method or methods as Grantor and Grantee may agree upon in writing, shall not at any time, exceed the number of wxxxx for the Colocation Premises specified in (i) Item 1 of Exhibit “F-I” during the Phase I Period (the “ECT-I”), (ii) Item 1 of Exhibit “F-II” during the Phase II Period (the “ECT-II”), and Item 1 of Exhibit “F-III” during the Phase III Period (the “ECT-III”). The term “Electricity Consumption Threshold” shall mean and refer to the ECT-I during the Phase I Period, the ECT-II during the Phase II Period, and the ECT-III during the Phase III Period. All equipment (belonging to Grantee or otherwise) located within the Colocation Premises shall be included in the calculation of Grantee’s actual electricity consumption for the Colocation Premises. For the avoidance of doubt, Grantor and Grantee acknowledge that the Electricity Consumption Threshold exists, so that Grantor is better able to (a) budget the amount of power available to the Demised Premises among the existing and future users and occupants of the Demised Premises, (b) enhance the safeguarding, in accordance with National Electrical Code Guidelines, of person and property in the Colocation Premises, and (c) operate the Colocation Premises consistent with Institutional Owner Practices. As such, Grantee agrees that it will actively monitor the electricity consumption for the Colocation Premises to ensure that such consumption does not exceed the Electricity Consumption Threshold. Additionally, in the event that the electricity consumption in the Colocation Premises does exceed the Electricity Consumption Threshold (each such event, an “ECT Overage”), Grantee agrees to take immediate action (regardless of whether Grantee has received notice of such ECT Overage from Grantor) to power down items of equipment in the Grantee Space in order to cause power consumption in the Colocation Premises to be at or below the Electricity Consumption Threshold. Additionally, in the event that (i) Grantee receives a notice from Grantor related to any ECT Overage, and (ii) Grantee has not remedied such ECT Overage within seventy-two (72) hours after its receipt of such notice from Grantor (or, in the event that, despite Grantee’s attempt at remedying the ECT Overage, Grantee exceeds the Electricity Consumption Threshold three (3) times in any thirty (30) day period), then such occurrence shall be deemed to be an Event of Default hereunder.

Electricity Consumption Threshold. Grantee’s actual electricity consumption for the Colocation Premises, as determined by the Electrical Metering Equipment or such other measurement method or methods as Grantor and Grantee may agree upon in writing, shall not at any time, exceed the number of wxxxx xxxxx for the Colocation Premises specified in (i) Item 1 of Exhibit “F-I” during the Phase I Period (the “ECT-I”), (ii) Item 1 of Exhibit “F-II” during the Phase II Period (the “ECT-II”), and Item 1 of Exhibit “F-III” during the Phase III Period (the “ECT-III”). The term “Electricity Consumption Threshold” shall mean and refer to the ECT-I during the Phase I Period, the ECT-II during the Phase II Period, and the ECT-III during the Phase III Period. All equipment (belonging to Grantee or otherwise) located within the Colocation Premises shall be included in the calculation of Grantee’s actual electricity consumption for the Colocation Premises. For the avoidance of doubt, Grantor and Grantee acknowledge that the Electricity Consumption Threshold exists, so that Grantor is better able to (a) budget the amount of power available to the Demised Premises among the existing and future users and occupants of the Demised Premises, (b) enhance the safeguarding, in accordance with National Electrical Code Guidelines, of person and property in the Colocation Premises, and (c) operate the Colocation Premises consistent with Institutional Owner Practices. As such, Grantee agrees that it will actively monitor the electricity consumption for the Colocation Premises to ensure that such consumption does not exceed the Electricity Consumption Threshold. Additionally, in the event that the electricity consumption in the Colocation Premises does exceed the Electricity Consumption Threshold (each such event, an “ECT Overage”), Grantee agrees to take immediate action (regardless of whether Grantee has received notice of such ECT Overage from Grantor) to power down items of equipment in the Grantee Space in order to cause power consumption in the Colocation Premises to be at or below the Electricity Consumption Threshold. Additionally, in the event that (i) Grantee receives a notice from Grantor related to any ECT Overage, and (ii) Grantee has not remedied such ECT Overage within seventy-two (72) hours after its receipt of such notice from Grantor (or, in the event that, despite Grantee’s attempt at remedying the ECT Overage, Grantee exceeds the Electricity Consumption Threshold three (3) times in any thirty (30) day period), then such occurrence shall be deemed to be an Event of Default hereunder.

Electricity Consumption Threshold. GranteeTenant’s actual electricity consumption for each Suite in the Colocation Premises, as determined by the Electrical Metering Equipment or such other measurement method or methods as Grantor Landlord and Grantee Tenant may agree upon in writing, shall not at any time, exceed (i) the number of wxxxx xxxxx for the Colocation Premises Suite 650 specified in (i) Item 1 of Exhibit “F-I” during the Phase I Period (the “Suite 650 ECT-I”), (ii) the number of xxxxx for Suite 700 specified in Item 1 of Exhibit “F-IIFF” during the Phase II Period (the “Suite 700 ECT-II”), and or (iii) the number of xxxxx for Suite 1100 specified in Item 1 of Exhibit “F-IIIFFF” during the Phase III Period (the “Suite 1100 ECT-III”). The term ; the Xxxxx 000 XXX, Xxxxx 000 ECT and Suite 1100 ECT are referred to herein, in general, as the “Electricity Consumption Threshold” shall mean and refer to the ECT-I during the Phase I Period, the ECT-II during the Phase II Period, and the ECT-III during the Phase III Period”). All equipment (belonging to Grantee Tenant or otherwise) located within the Colocation Premises shall be included in the calculation of GranteeTenant’s actual electricity consumption for the Colocation Premises. For the avoidance of doubt, Grantor Landlord and Grantee Tenant acknowledge that the Electricity Consumption Threshold exists, so that Grantor Landlord is better able to (a) budget the amount of power available to at the Demised Premises Building among the existing and future users and occupants tenants of the Demised PremisesBuilding, (b) enhance the safeguarding, in accordance with National Electrical Code Guidelines, of person and property in the Colocation Premises, and (c) operate the Colocation Premises consistent with Institutional Owner Practices. As such, Grantee Tenant agrees that it will actively monitor the electricity consumption for the Colocation Premises to ensure that such consumption does not exceed the Electricity Consumption ThresholdThreshold as it relates to each Suite. Additionally, in the event that the electricity consumption in the Colocation Premises a Suite does exceed the Electricity Consumption Threshold (each such event, an “ECT Overage”), Grantee Tenant agrees to take immediate action (regardless of whether Grantee Tenant has received notice of such ECT Overage from GrantorLandlord) to power down items of equipment in the Grantee Space Suite in order to cause power consumption in the Colocation Premises Suite to be at or below the applicable Electricity Consumption Threshold. Additionally, in the event that (i) Grantee Tenant receives a notice from Grantor Landlord related to any ECT Overage, and (ii) Grantee Tenant has not remedied such ECT Overage within seventy-two (72) hours after its receipt of such notice from Grantor Landlord (or, in the event that, despite GranteeTenant’s attempt at remedying the ECT Overage, Grantee Tenant exceeds the Electricity Consumption Threshold three (3) times in any thirty (30) day period), then such occurrence shall be deemed to be an Event of Default hereunder.

Electricity Consumption Threshold. GranteeTenant’s actual electricity consumption for the Colocation Premises, as reasonably determined by the Electrical Metering Equipment or Landlord pursuant to such other measurement method or methods as Grantor and Grantee may agree upon in writingLandlord shall employ from time to time acting consistently with Institutional Owner Practices (including, without limitation, the use of submeters and/or pulse meters, electrical surveys and/or engineer’s estimates), shall not at any time, exceed the number of wxxxx xxxxx for the Colocation Premises (a) specified in (i) Item 1 of Exhibit “F-I” during the Phase I Period ”, as it relates to Suite 880 (the “ECT-ISuite 880 Electricity Consumption Threshold”), and (iib) specified in Item 1 of Exhibit “F-II” during the Phase II Period F-1”, as it relates to Suite 890 (the “ECT-IISuite 890 Electricity Consumption Threshold”); the Suite 880 Electricity Consumption Threshold and the Suite 890 Electricity Consumption Threshold are referred to herein, and Item 1 of Exhibit “F-III” during in general, as the Phase III Period (the “ECT-III”). The term “Electricity Consumption Threshold” shall mean and refer to the ECT-I during the Phase I Period, the ECT-II during the Phase II Period, and the ECT-III during the Phase III Period”). All equipment (belonging to Grantee Tenant or otherwise) located within the Colocation Premises shall be included in the calculation of GranteeTenant’s actual electricity consumption for the Colocation Premises. For the avoidance of doubt, Grantor Landlord and Grantee Tenant acknowledge that the Electricity Consumption Threshold exists, so that Grantor Landlord is better able to (a) budget the amount of power available to at the Demised Premises Building among the existing and future users and occupants tenants of the Demised PremisesBuilding, (b) enhance the safeguarding, in accordance with National Electrical Code Guidelines, of person and property in the Colocation Premises, and (c) operate the Colocation Premises consistent with Institutional Owner Practices. As such, Grantee agrees that it will actively monitor the electricity consumption for the Colocation Premises to ensure that such consumption does not exceed the Electricity Consumption Threshold. Additionally, in In the event that the electricity consumption in the Colocation Premises does exceed the Electricity Consumption Threshold (each such event, an “ECT Overage”), Grantee Tenant agrees to take immediate action (regardless of whether Grantee after Tenant has received notice of such ECT Overage from GrantorLandlord) to power down items of equipment in the Grantee Tenant Space in order to cause power consumption in the Colocation Premises to be at or below the Electricity Consumption Threshold. Additionally, in the event that (i) Grantee Tenant receives a notice from Grantor Landlord related to any ECT Overage, and (ii) Grantee Tenant has not remedied such ECT Overage within seventy-two (72) hours after its receipt of such notice from Grantor Landlord, then Landlord may deliver to Tenant a notice (oran “ECT Default Notice”) of such default. Tenant’s failure to remedy such ECT Overage within forty-eight (48) hours after its receipt of an ECT Default Notice shall be considered an Event of Default hereunder. Additionally, in the event that(a) if, despite GranteeTenant’s attempt at remedying the ECT Overage, Grantee the Tenant Space exceeds the Electricity Consumption Threshold three (3) times in any thirty (30) day periodperiod (about which Tenant receives written notice each time from Landlord), then such third (3rd) occurrence shall be deemed to be considered an Event of Default hereunder; and (b) Tenant’s rights related to Interruptions of Landlord’s Services shall not be in effect for any Interruptions of Landlord’s Services which occur during, or because of, an ECT Overage. Landlord hereby agrees that, upon receipt of Tenant’s reasonable request therefor (such requests not to exceed one (1) per calendar month), Landlord will provide Tenant with the opportunity to observe the Suite 880 Electrical Metering Equipment and the Suite 890 Electrical Metering Equipment for the sole purpose of determining Tenant’s then-current electricity consumption at the Premises, provided that a representative of Landlord is available to accompany Tenant during such observation.