Common use of Electricity Consumption Threshold Clause in Contracts

Electricity Consumption Threshold. Tenant’s actual electricity consumption for the Premises, as reasonably determined by Landlord pursuant to such measurement method or methods as Landlord 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 xxxxx for the Premises (a) specified in Item 1 of Exhibit “F”, as it relates to Suite 880 (the “Suite 880 Electricity Consumption Threshold”), and (b) specified in Item 1 of Exhibit “F-1”, as it relates to Suite 890 (the “Suite 890 Electricity Consumption Threshold”; the Suite 880 Electricity Consumption Threshold and the Suite 890 Electricity Consumption Threshold are referred to herein, in general, as the “Electricity Consumption Threshold”). All equipment (belonging to Tenant or otherwise) located within the Premises shall be included in the calculation of Tenant’s actual electricity consumption for the Premises. For the avoidance of doubt, Landlord and Tenant acknowledge that the Electricity Consumption Threshold exists, so that Landlord is better able to (a) budget the amount of power available at the Building among the existing and future tenants of the Building, (b) enhance the safeguarding, in accordance with National Electrical Code Guidelines, of person and property in the Premises, and (c) operate the Premises consistent with Institutional Owner Practices. In the event that the electricity consumption in the Premises does exceed the Electricity Consumption Threshold (each such event, an “ECT Overage”), Tenant agrees to take immediate action (after Tenant has received notice of such ECT Overage from Landlord) to power down items of equipment in the Tenant Space in order to cause power consumption in the Premises to be at or below the Electricity Consumption Threshold. Additionally, in the event that (i) Tenant receives a notice from Landlord related to any ECT Overage, and (ii) Tenant has not remedied such ECT Overage within seventy-two (72) hours after its receipt of such notice from Landlord, then Landlord may deliver to Tenant a notice (an “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, (a) if, despite Tenant’s attempt at remedying the ECT Overage, the Tenant Space exceeds the Electricity Consumption Threshold three (3) times in any thirty (30) day period (about which Tenant receives written notice each time from Landlord), then such third (3rd) occurrence shall 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.

Electricity Consumption Threshold. TenantGrantee’s actual electricity consumption for the Colocation Premises, as reasonably determined by Landlord pursuant to the Electrical Metering Equipment or such other measurement method or methods as Landlord 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)Grantor and Grantee may agree upon in writing, shall not at any time, exceed the number of xxxxx wxxxx for the Colocation Premises (a) specified in (i) Item 1 of Exhibit “F”, as it relates to Suite 880 -I” during the Phase I Period (the “Suite 880 Electricity Consumption ThresholdECT-I”), and (bii) specified in Item 1 of Exhibit “F-1”, as it relates to Suite 890 F-II” during the Phase II Period (the “Suite 890 Electricity Consumption ThresholdECT-II”; ), and Item 1 of Exhibit “F-III” during the Suite 880 Electricity Consumption Threshold and Phase III Period (the Suite 890 Electricity Consumption Threshold are referred to herein, in general, as 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 Tenant Grantee or otherwise) located within the Colocation Premises shall be included in the calculation of TenantGrantee’s actual electricity consumption for the Colocation Premises. For the avoidance of doubt, Landlord Grantor and Tenant Grantee acknowledge that the Electricity Consumption Threshold exists, so that Landlord Grantor is better able to (a) budget the amount of power available at to the Building Demised Premises among the existing and future tenants users and occupants of the BuildingDemised 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. In 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”), Tenant Grantee agrees to take immediate action (after Tenant regardless of whether Grantee has received notice of such ECT Overage from LandlordGrantor) to power down items of equipment in the Tenant 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) Tenant Grantee receives a notice from Landlord Grantor related to any ECT Overage, and (ii) Tenant Grantee has not remedied such ECT Overage within seventy-two (72) hours after its receipt of such notice from LandlordGrantor (or, then Landlord may deliver to Tenant a notice (an “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, (a) ifin the event that, despite TenantGrantee’s attempt at remedying the ECT Overage, the Tenant Space Grantee exceeds the Electricity Consumption Threshold three (3) times in any thirty (30) day period (about which Tenant receives written notice each time from Landlordperiod), then such third (3rd) occurrence shall be considered deemed to be 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.

Electricity Consumption Threshold. Tenant’s actual electricity consumption for each Suite in the Premises, as reasonably determined by Landlord pursuant to the Electrical Metering Equipment or such other measurement method or methods as Landlord 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)and Tenant may agree upon in writing, shall not at any time, exceed (i) the number of xxxxx for the Premises (a) Suite 650 specified in Item 1 of Exhibit “F”, as it relates to Suite 880 ” (the “Suite 880 Electricity Consumption Threshold650 ECT”), and (bii) the number of xxxxx for Suite 700 specified in Item 1 of Exhibit “F-1”, as it relates to Suite 890 FF” (the “Suite 890 Electricity Consumption Threshold700 ECT”), or (iii) the number of xxxxx for Suite 1100 specified in Item 1 of Exhibit “FFF” (the “Suite 1100 ECT”; the Xxxxx 000 XXX, Xxxxx 000 ECT and Suite 880 Electricity Consumption Threshold and the Suite 890 Electricity Consumption Threshold 1100 ECT are referred to herein, in general, as the “Electricity Consumption Threshold”). All equipment (belonging to Tenant or otherwise) located within the Premises shall be included in the calculation of Tenant’s actual electricity consumption for the Premises. For the avoidance of doubt, Landlord and Tenant acknowledge that the Electricity Consumption Threshold exists, so that Landlord is better able to (a) budget the amount of power available at the Building among the existing and future tenants of the Building, (b) enhance the safeguarding, in accordance with National Electrical Code Guidelines, of person and property in the Premises, and (c) operate the Premises consistent with Institutional Owner Practices. In As such, Tenant agrees that it will actively monitor the electricity consumption for the Premises to ensure that such consumption does not exceed the Electricity Consumption Threshold as it relates to each Suite. Additionally, in the event that the electricity consumption in the Premises a Suite does exceed the Electricity Consumption Threshold (each such event, an “ECT Overage”), Tenant agrees to take immediate action (after regardless of whether Tenant has received notice of such ECT Overage from Landlord) to power down items of equipment in the Tenant Space Suite in order to cause power consumption in the Premises Suite to be at or below the applicable Electricity Consumption Threshold. Additionally, in the event that (i) Tenant receives a notice from Landlord related to any ECT Overage, and (ii) Tenant has not remedied such ECT Overage within seventy-two (72) hours after its receipt of such notice from LandlordLandlord (or, then Landlord may deliver to Tenant a notice (an “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, (a) ifin the event that, despite Tenant’s attempt at remedying the ECT Overage, the Tenant Space exceeds the Electricity Consumption Threshold three (3) times in any thirty (30) day period (about which Tenant receives written notice each time from Landlordperiod), then such third (3rd) occurrence shall be considered deemed to be 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.

Electricity Consumption Threshold. TenantGrantee’s actual electricity consumption for the Colocation Premises, as reasonably determined by Landlord pursuant to the Electrical Metering Equipment or such other measurement method or methods as Landlord 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)Grantor and Grantee may agree upon in writing, shall not at any time, exceed the number of xxxxx for the Colocation Premises (a) specified in (i) Item 1 of Exhibit “F”, as it relates to Suite 880 -I” during the Phase I Period (the “Suite 880 Electricity Consumption ThresholdECT-I”), and (bii) specified in Item 1 of Exhibit “F-1”, as it relates to Suite 890 F-II” during the Phase II Period (the “Suite 890 Electricity Consumption ThresholdECT-II”; ), and Item 1 of Exhibit “F-III” during the Suite 880 Electricity Consumption Threshold and Phase III Period (the Suite 890 Electricity Consumption Threshold are referred to herein, in general, as 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 Tenant Grantee or otherwise) located within the Colocation Premises shall be included in the calculation of TenantGrantee’s actual electricity consumption for the Colocation Premises. For the avoidance of doubt, Landlord Grantor and Tenant Grantee acknowledge that the Electricity Consumption Threshold exists, so that Landlord Grantor is better able to (a) budget the amount of power available at to the Building Demised Premises among the existing and future tenants users and occupants of the BuildingDemised 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. In 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”), Tenant Grantee agrees to take immediate action (after Tenant regardless of whether Grantee has received notice of such ECT Overage from LandlordGrantor) to power down items of equipment in the Tenant 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) Tenant Grantee receives a notice from Landlord Grantor related to any ECT Overage, and (ii) Tenant Grantee has not remedied such ECT Overage within seventy-two (72) hours after its receipt of such notice from LandlordGrantor (or, then Landlord may deliver to Tenant a notice (an “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, (a) ifin the event that, despite TenantGrantee’s attempt at remedying the ECT Overage, the Tenant Space Grantee exceeds the Electricity Consumption Threshold three (3) times in any thirty (30) day period (about which Tenant receives written notice each time from Landlordperiod), then such third (3rd) occurrence shall be considered deemed to be 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.