Electricity Service. (i) Landlord, at Landlord’s expense, shall redistribute or furnish electrical energy to or for the use of Tenant in the Premises for the operation of the lighting fixtures and the electrical receptacles installed in the Premises on the Commencement Date and the ordinary and customary office business machines including, without limitation, word processing, typewriters and photocopying machines, used by Tenant. There shall be no specific charge by way of measuring such electrical energy on any meter or otherwise, as the charge for the service of redistributing or furnishing such electrical energy has been included in the Rent on a so-called “rent inclusion” basis. The parties agree that although the charge for the service of redistributing or furnishing electrical energy is included in the Rent on a so-called “rent inclusion” basis, the value to Tenant of such service may not be fully reflected in the Rent. Accordingly, Tenant agrees that Landlord, at Landlord’s expense, may cause an independent electrical engineer or electrical consulting firm, selected by Landlord, to make a determination, following the commencement of. Tenant’s normal business activities in the Premises, of the full value to Tenant of such services supplied by Landlord, to wit: the estimated actual electrical energy consumed by Tenant annually based upon the estimated capacity of the electrical feeders, risers and wiring and other electrical facilities serving the Premises and used by Tenant. Such engineer or consulting firm shall certify such determination in writing to Landlord and Tenant. Thereafter, Landlord may from time to time at its option cause such engineer or consulting firm to make subsequent determinations of the then full value of such services supplied to Tenant on the basis set forth in the immediately preceding sentence. If it shall be determined that the full value to Tenant of the electric service is in excess of the Electrical Inclusion Factor, the parties shall enter into a written supplementary agreement, in form satisfactory to Landlord and Tenant, modifying this Lease as of the Commencement Date by increasing the Rent and the Electrical Inclusion Factor for the entire Term by an annual amount equal to such excess. However, if it shall be so determined that the full value to Tenant of such service does not exceed the Electrical Inclusion Factor, no such agreement shall be executed and there shall be no increase or decrease in the Rent or the Electrical Inclusion Fac...
Electricity Service. (i) Landlord shall redistribute up to six (6) xxxxx of connected electrical load per rentable square foot of space deemed to be contained in the Premises (based upon Tenant's demonstrated need therefor) for the servicing of the lighting fixtures and electrical receptacles within the Premises exclusive, however, of any air-cooling equipment located in or exclusively servicing the Premises. Tenant's demand and consumption of electrical energy in the Premises shall be measured by one (1) or more submeters installed in the Premises. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at the then rate paid by Landlord to the public utility company serving the Premises for such submetered electrical energy, plus (a) Landlord's charge for overhead and supervision in the amount of eight percent (8%) of the total electric xxxx and (b) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenant, monthly, for the cost of its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise.
(ii) If Tenant requires additional electrical energy beyond the wattage specified above for any reason whatsoever, including without limitation, the use of additional business machines, office equipment or other appliances in the Premises which utilize electrical energy, Tenant shall request such additional electrical energy from Landlord in each instance. If Landlord agrees to provide the same, any additional ...
Electricity Service. (i) Subject to the terms of this Article 30, Landlord shall furnish electrical service for the Premises on a submetered basis.
(ii) For purposes of this Article:
Electricity Service. The Premises shall be separately metered for electricity such that the applicable public utility company can provide electricity directly to the Premises, and Tenant shall be responsible for payment of all electricity charges directly to such utility (including electricity for all lighting, heating, ventilation and air conditioning in the Premises.) Landlord shall permit Landlord's existing wires, risers, conduits and other electrical equipment to be used to supply electricity to Tenant at the Premises, and Tenant agrees in its use of the Premises that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. If, without in any way derogating from the foregoing limitation, Tenant shall require electricity in excess of the requirements set forth above, provided Tenant first obtains Landlord's consent (which Landlord may withhold in its sole discretion), Tenant may perform the work necessary to supply such additional service or equipment, at Tenant's sole cost and expense and subject to the requirements of Section 5.2 of this Lease.
Electricity Service. Tenant shall have the right to use up to a total of 600 amps from the new 3,000-amp service being installed by Landlord for the Building. Landlord anticipates that such service will be installed and connected to the 12th floor core of the Building May 1, 1998, but makes no representation or warranty in that regard. The additional 600 amps may be allocated between Suite 1204 and Suite 1210 as Tenant may elect. Tenant shall pay all costs of hooking up such suites to the new service as installed and connected by Landlord to the 12th floor core of the Building. In consideration for such right, Tenant agrees to pay Landlord the sum of $54,000 as additional rent. Such $54,000 shall be paid by Tenant to Landlord in 12 equal monthly installments of $4,500 each, due on the first day of each month for 12 consecutive months, with the first such installment due three months after the Expansion Date (or if the Expansion Date is not on the first day of a calendar month, then on the first day of the fourth full calendar month after the Expansion Date). If the Building's new 3,000-amp electrical service is not installed in the Building and connected to the 12th floor Building core by June 1, 1998, then for every day after June 1, 1998, until such installation and connection is complete, Tenant shall be entitled to an additional day of free Base Rent beyond the three-month free Base Rent period described in Section 2 above. Moreover, if such installation and connection work of Landlord is not completed by July 1, 1998, Tenant shall be entitled to cancel this Third Amendment to Lease (but not the balance of the Lease) by giving written notice of such cancellation to Landlord at any time prior to the completion of such installation. In such event, Tenant shall be entitled to a refund of any portion of the $54,000 fee described above which has then been paid to Landlord. The rent abatement and cancellation rights described in this paragraph shall be Tenant's sole and exclusive remedies for any delay in Landlord's installation and connection to the 12th floor core of the Building's new 3,000-amp service. All costs of connections of such new service from the Building core to Tenant's equipment and facilities shall be borne by Tenant. As with Tenant's existing electrical facilities, all of Tenant's actual electricity usage of the new service described above shall be separately metered at Tenant's expense, and Tenant shall pay to Landlord month, within 15 days after receipt of a ...
Electricity Service. (1) Landlord, at Landlord's expense, shall furnish electrical energy to or for the use of Tenant in the Premises for the operation or servicing of the lighting fixtures and the electrical receptacles installed in the Premises on the Commencement Date. There shall be no specific charge by way of measuring such electrical energy on any meter or otherwise, as the charge for the service of redistributing or furnishing such electrical energy has been included in the Rent on a so-called "rent inclusion" basis. The parties agree that although the charge for the service of redistributing or furnishing electrical energy is included in the Rent on a rent inclusion basis, the value to Tenant of such service may not be fully reflected in the Rent. Accordingly, Tenant agrees that Landlord may cause an independent electrical engineer or electrical consulting firm, selected by Landlord, to make a final determination, following the commencement of Tenant's normal business activities in the Premises, of the full value to Tenant of such services supplied by Landlord, to wit: the estimated consumption and demand of electrical energy supplied to Tenant annually based upon the connected load and utilization of electricity by Tenant and the then current on-peak rates of the public utility company serving the Premises. Such engineer or consulting firm shall certify such determination in writing to Landlord and Tenant, which shall be conclusive and binding upon Tenant. If it shall be determined by such engineer or consulting firm that the full value to Tenant of such service is in excess of the then Electricity Factor, the Rent and the Electricity Factor shall be automatically and unconditionally increased, without further act or instrument, retroactive to the date of the survey for the balance of the Term (or until any subsequent determinations are made), by an annual amount equal to such excess. However, if it shall be so determined that the full value to Tenant of such service does not exceed the Electricity Factor, there shall be no increase or decrease in the Rent or the Electricity Factor by reason of such determination. Any such determination made by an engineer or consulting firm shall be conclusive and binding upon Tenant. Therefore, Landlord may, from time to time thereafter during the Term of this Lease, and at its sole option, cause an engineer or consulting firm to make subsequent determinations of the then full value of such services supplied to Tenant on the basis ...
Electricity Service. - 1) Landlord at Landlord's expense, shall redistribute or furnish electrical energy to or for the use of Tenant in the Premises for the operation of the lighting fixtures and the electrical receptacles installed in the Premises on the Commencement Date. Landlord, at Landlord's expense, may install sub-meters to measure Tenant's consumption of electrical energy. Tenant shall pay to Landlord, as additional rent, on demand, from time to time, but no more frequently than monthly, for its consumption of electrical energy at the then applicable rate for sub-metered electrical energy, plus Landlord's reasonable charge for overhead and supervision. Where more than one meter measures the electrical service to Tenant, the electrical service rendered through each meter shall be computed and billed separately in accordance with the provisions herein above set forth. Bills for such amounts shall be rendered to Tenant at such time as Landlord may elect. The rate to be paid by Tenant for sub-metered electrical energy shall include any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata share of such tax allocable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of, and paid by Tenant if and to the extent permitted by law.
Electricity Service. Landlord shall have the option, exercisable by Landlord in its sole discretion to arrange with the local electric utility company to furnish and supply Tenant's "base load" (lights, appliances, equipment plugs) electricity service requirements directly to Tenant on a direct-metered basis; or to furnish and supply to Tenant for Tenant's use such base load electricity service as may be reasonably necessary for the operation of Tenant's business (hereinafter referred to as "Base Load Energy Use"). In the event that Landlord shall elect to supply base load electricity service to the Premises, Tenant shall pay Landlord an "Annual Energy Charge" for Tenant's base load electrical service which shall be determined, paid and adjusted in the following manner:
Electricity Service. (i) Electric service shall be provided to the Premises on a “rent inclusion” basis in accordance with the provisions of this Article. If and for so long as Landlord provides electric service on a rent inclusion basis, the Minimum Rent shall be increased by the amount of the Electricity Factor. Tenant acknowledges and agrees that the Minimum Rent as set forth in the Lease Information Summary does not yet, but is to include the Electricity Factor.
(ii) Landlord shall furnish six (6) wxxxx of average connected load of electricity per rentable square foot of the Premises (exclusive of electricity for the base Building heating, ventilation and air conditioning system) for the operation or servicing of ordinary lighting, light office equipment and the operation of the usual small business machines (including copiers, fax machines and personal computers) (such lighting and equipment being “Ordinary Equipment”) during Ordinary Building Hours. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or electrical usage by Tenant in excess of the foregoing shall result in an adjustment of the Electricity Factor as hereinafter provided.
(iii) If the public utility rate schedule for the supply of electric energy to the Building and/or the surcharge for fuel cost or any other charge made by the public utility supplying electric energy to the Building (the “Utility”) and/or the taxes payable by Landlord with respect to such electric energy are increased after the date of this Lease and/or the service classification at which Landlord purchases electric energy is changed after the date of this Lease resulting in an increase in the cost to Landlord of electrical energy, the Minimum Rent shall be increased by an amount equal to the product of (i) the then-existing Electricity Factor, and (ii) the percentage increase in such public utility rate schedule, fuel adjustment or other charge, taxes or cost. Any such increase shall be effective as of the date of such increase and shall be made retroactively if necessary. In no event shall the provisions hereof operate to reduce the Minimum Rent nor the Electricity Factor below the amounts stated in the Lease Information Summary.
(iv) The Electricity Factor is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting and equipment in excess of six (6) wxxxx average connected load per rentable square foot an...
