Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates. 14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 4 contracts
Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)
Electricity. 14.01 Landlord shall provide such electrical services to the Premises as are described in Exhibit C. Distribution of electrical service throughout the Premises, construction of the wiring network for distribution of the electrical service and the cost of providing electrical service to and completing the system for distributing electrical service throughout the Premises shall be in accordance with Exhibit C. The electrical system shall be maintained, repaired and replaced as follows: Landlord shall be liable for and shall complete all maintenance, repairs and replacements to the electrical system up to the location of the junction box at which power was initially supplied by Landlord to the Premises (the “Landlord Electrical System”). Landlord, shall maintain the Landlord Electrical System in good working order. Tenant shall obtain electricity shall, at Tenant’s expense, be responsible for all other maintenance, repairs, and replacements to the Demised electrical system within the Premises on a direct meter basisfrom the point of exit from the junction box (the “Tenant Electrical System”). Tenant shall, at all times, maintain the Tenant Electrical System in good working order; provided, however, that in the event all or any portion of the Tenant electrical system is in need of maintenance, repair or replacement, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. notify Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation writing of such riser or risers, need and Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense. Landlord shall pay all charges for electrical usage in connection with the Premises; provided, the charges for such electrical usage, together with all other electrical charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s usage of electricity exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord no later than the seventieth (70th) consecutive day cost of such tenant’s electricity usage, as reflected by the sub-meter, and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type billed according to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines then current rate at which consume comparable amounts of electricity, without electricity is billed by the utility provider to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no the event shall Tenant use or install Landlord bills any fixturestenant directly for electricity usage in accordance with this section, equipment or machines Operating Expenses and the use proportionate share of which in conjunction with such expenses payable by all other fixtures, equipment and machines in the Demised Premises would result in an overload tenant’s of the electrical circuits servicing the Demised Premises or the BuildingBuilding shall be adjusted in accordance with Section 5.1.6. above.
Appears in 3 contracts
Samples: Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut)
Electricity. 14.01 If the Owner furnishes electricity to the Tenant based on the method of including the use thereof within the rent, then and in that event, the Tenant agrees to have the rent reserved herein increased to compensate the Owner for supplying the current as an additional service as hereinafter provided. The Owner will furnish electricity to the Tenant through presently installed electricity facilities for Tenant’s reasonable use of such lighting, electrical appliances and equipment as the Owner may permit to be installed in the premises. The Tenant agrees that an electrical consultant, selected by the Owner, may make a survey of the electrical, lighting and power used to determine the average monthly electric current usage (KWH) and demand (KW) in the Demised Premises. The findings of the consultant as to the proper rent increase based on such average monthly electric usage and demand shall be conclusive and binding upon the parties (unless Tenant shall obtain electricity for notify Owner that Tenant disputes the Demised Premises same within 15 days after Owner notifies Tenant of any increase based on a direct meter basis, said survey) and the Tenant shall pay the same additional rent, monthly on the first day of each month from the commencement of the demised term. If the Owner’s electric rates and/or charges be responsible for and pay increased then the aforesaid additional rent shall be increased in the same percentage but in no event below the amount set forth below. Tenant shall make no alterations or additions to the applicable utility all charges for electricity as measured by such meterelectric equipment, and/or appliances without first obtaining written consent from the Owner in each instance. Landlord This provision is to prevent the Tenant from possible overloading of the Building’s electrical distribution facilities. The Owner, his Agent, or consultant, is given the right to make surveys from time to time in the Tenant’s premises covering the electrical equipment and fixtures and use of current. Owner shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity quality or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing leaders to the Building, or the risers or wiring installation. Owner shall install at Tenant’s expense any riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at of the sole cost and expense of Tenant, unlessTenant if, in LandlordOwner’s reasonable sole judgment, the same are necessary and will cause permanent damage or injury to the Building or the Demised Premises or not cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants Tenants or occupants. In addition to the installation of such riser or risersrisers Owner will also, Landlord will also at the sole cost and expense of the Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have The Owner reserves the right to terminate this Lease by giving the furnishing of electricity at any time, upon thirty (30) days written notice to Landlord no later than the seventieth Tenant, in which event, the Tenant may make application directly to the utility company servicing the Building for the Tenant’s entire separate supply. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purposes. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall be installed by Owner at Tenant’s expense. The Owner, upon the expiration of the aforesaid thirty (70th30) consecutive day days written notice to the Tenant may discontinue furnishing the electric current, in which latter event, the Tenant’s liability for additional rent provided for in this Article shall terminate as of date of discontinuance of the supplying of electric current but this Lease shall otherwise remain in full force and vacating no later than the ninetieth (90th) consecutive dayeffect. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not that unless and until electric rates or charges are increased or survey is made as above provided the annual rental rate on page 1 shall be increased by the amount of $1,667.75 per month payable on the first day of each and every month, and, for and in consideration of such increase in the rental, the Owner is to connect any additional electrical equipment supply the Tenant with free electricity. Tenant shall pay Owner Tenant’s proportionate share of any type to the cost of Building electric current used in common areas of the Building electric distribution system(i.e., beyond that on Tenant’s approved plans for initial occupancyall electricity used in lighting the public and service areas, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines operating all the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload service facilities of the electrical circuits servicing the Demised Premises or the Building).
Appears in 3 contracts
Samples: Office Lease, Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)
Electricity. 14.01 Tenant shall obtain electricity (a) Landlord agrees to furnish to the Premises weekdays, exclusive of legal holidays, from 8:00 a.m. to 6:00 p.m., and Saturdays, from 8:00 a.m. to 12:00 p.m., heat and air conditioning required in Landlord’s judgment for the Demised comfortable use and occupation of the Premises on a direct meter basis, Tenant shall be responsible and elevator service; water for lavatory and pay to drinking at those points of supply provided for general use of tenants during the applicable utility all charges for electricity as measured by times and in the manner that such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessservices are, in Landlord’s reasonable judgmentjudgment customarily furnished in comparable office buildings in the immediate market area. Landlord shall be under no obligation to provide additional or after-hours heating or air conditioning, but if Landlord elects to provide such services at Tenant’s request, Tenant shall pay Landlord a charge of $22.00 per hour for such services to be billed monthly to Tenant. Landlord in its discretion has the same will cause permanent damage or injury right to reasonably adjust the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionsabove referenced charge. Tenant covenants agrees to keep closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees that at all times its to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may prescribe for the proper functioning and protection of said heating, ventilating, and air conditioning system and to comply with all laws, ordinances and regulations respecting the conservation of energy. In the event Tenant utilizes heat-generating machines, heat-generating equipment or excess lighting in the Premises and same affects the ability of the air conditioning system to effectively cool the premises as intended, Landlord reserves the right to install supplementary air conditioning units for the Premises, and the cost thereof, including the cost of electricity and/or water therefore and the cost of all repairs, maintenance and replacements thereto shall be paid by Tenant to Landlord upon demand.
(b) Tenant’s use of electric current electrical energy in the Premises shall never not, at any time, exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes electrical conductors and Tenant is able to resume equipment in or otherwise serving the use of at least seventy-five (75%) percent of the Demised Premises. Should In order to ensure that such service interruption prevent Tenant from using at least seventy-five (75%) of capacity is not exceeded and to avert possible adverse effects upon the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordBuilding’s electric service, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricitynot, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, consent in each instance, connect major equipment to the Building, electric distribution system, telephone system or make any alteration or addition to the electric system of the Premises existing on the Commencement Date. In no event shall Tenant use or install any fixtures, equipment or machines Tenant’s electrical usage under this Lease contemplates only the use of normal and customary office equipment. In the event Tenant installs any office equipment which in conjunction with other fixturesuses substantial additional amounts of electricity, equipment and machines in then Tenant agrees that Landlord’s consent is required before the Demised Premises would result in an overload installation of the electrical circuits servicing the Demised Premises or the Building.such additional office equipment
Appears in 3 contracts
Samples: Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.)
Electricity. 14.01 Landlord shall furnish electricity to the Premises for lighting and other general office purposes. If Tenant requires electricity elsewhere in the Building or on the Property, then such electricity shall obtain electricity be furnished in all respects at Tenant’s sole cost and expense. Tenant’s use of electrical energy in the Premises, the Building and elsewhere on the Property shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises or Tenant’s electrical energy needs elsewhere in the Building or on the Property (as the case may be). In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the electrical services for the Demised Premises on a direct meter basisBuilding or the Property, Tenant shall be responsible for give notice to Landlord and pay obtain Landlord’s prior written consent whenever Tenant shall connect to the Building’s or the Property’s electrical distribution system any fixtures, appliances or equipment other than lamps, typewriters, personal computers and similar small machines. Any additional feeders or risers to supply Tenant’s electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by Landlord upon Tenant’s request, at the sole cost and expense of Tenant, provided that such additional feeders and risers are permissible under applicable utility laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to the Building or any other portion of the Property or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building or the Property. Tenant agrees that it will not make any alteration or material addition to the electrical equipment in the Premises, the Building or elsewhere on the Property without the prior written consent of Landlord in each instance first obtained. Tenant, at Tenant’s expense, shall purchase, install and replace all charges light bulbs or tubes used in the Premises or used exclusively by the Tenant in the Building or elsewhere on the Property, except that the Landlord shall furnish the light bulbs and tubes and labor for electricity as measured by such meterthe initial installation of light bulbs and tubes in the Premises. Landlord shall not in any way be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either the quantity quantity, character, or character supply of electric service electrical energy is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost any time, at its option and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall upon not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more less than sixty (60) days and be due prior notice to Tenant, may discontinue furnishing electric current to the sole fault Premises or for Tenant’s exclusive use elsewhere in the Building or on the Property; and in either such case Tenant shall contract with the public service company supplying electric current for the purchase by Tenant of electric current directly from such company. In such event, Landlord shall (i) permit its risers, conduits and feeder, to the extent available, suitable and safely capable, to be used to enable Tenant so to purchase electric current, (ii) without cost to Tenant, make such alterations and additions to the electrical equipment and/or appliances in the Building or elsewhere on the Property as may be required for such direct purchase, and (iii) at the Landlord’s expense, shall furnish and install any necessary metering equipment, which Tenant shall thereafter maintain and repair at its expense. In the event the Landlord shall exercise such option, Tenant shall have no longer be required to pay the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesAnnual Electricity Charge.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 3 contracts
Samples: Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.), Office Building Lease (Allena Pharmaceuticals, Inc.)
Electricity. 14.01 Tenant Landlord shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay furnish to the applicable utility all charges Premises electric current to the extent commercially reasonable and required for electricity as normal general office uses. The Building electrical system will be capable of providing an average of at least five (5) xxxxx per square foot of Rentable Area to the Premises for lighting and measured by such meterload. Landlord shall may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office usePremises. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without Without the prior written consent of Landlord in each instanceLandlord, which consent Landlord will not unreasonably withhold, Tenant shall not be unreasonably withheldinstall or operate any machinery, conditioned appliances or delayedequipment in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period Use of more than five (5) consecutive business days through xxxxx per square foot of Rentable Area for power and lighting within the sole fault Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord so as to prevent Tenant from using at least seventy-five (75%) percent shall install a submeter on each floor or floors of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Premises to determine the actual amount of electric current which Tenant is able utilizing from time to resume time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the use Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of at least seventy-five electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (75%instead of as part of Building Operating Costs) percent for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five electric current so consumed, on a monthly basis within thirty (75%) of the Demised Premises for more than sixty (6030) days and be due after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the sole fault of LandlordPremises and other premises in the Building during the Base Year, Tenant shall have but not the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment cost of any type to excess electric current that may be used by Tenant or other tenants during the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the BuildingBase Year.
Appears in 3 contracts
Samples: Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp)
Electricity. 14.01 41.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant acknowledges and agrees that electric service shall be responsible for purchased by Tenant directly from the public utility serving the Building and pay measured by a single electric meter which shall be Landlord’s responsibility to install, at Landlord’s sole cost and expense, at or prior to the applicable utility Commencement Date. Subject to causes beyond its reasonable control, Landlord agrees to make available to Tenant for use within the Premises an average demand load of six (6) xxxxx of electricity per rentable square foot for all charges for electricity as measured by such meterpurposes, exclusive of the Existing HVAC Equipment. Landlord shall not in any way be liable to Tenant for any loss or responsible damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements; provided, however, that Tenant shall have such remedies as are provided for in Section 10.03, above. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the Building or wiring installation, which Landlord represents are sufficient to deliver the average demand load of six (6) xxxxx of electricity as referenced above. Landlord reserves the right to terminate Tenant’s use of electric service in the event of emergency, if necessary in connection with the performance of any improvements, repairs or maintenance to the Building or if required by law, in which event this Lease shall remain in full force and effect and Tenant shall have no claim against Landlord for damages, set-off or abatement. Tenant covenants and agrees that at all times its use of electric service shall never exceed the capacity of existing Building facilities.
41.02 At the option of Landlord, Tenant agrees to purchase from Landlord or its agents all lamps and bulbs used in the Premises and to pay for the cost of installation thereof, provided that all such lamps, bulbs and installation are competitively priced and that such services are furnished in timely and competent manner. Landlord shall not be liable to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessif, in Landlord’s reasonable sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Lease Agreement (Schrodinger, Inc.), Lease Agreement (Schrodinger, Inc.)
Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay (a) Landlord agrees that prior to the applicable utility all charges for electricity as measured Commencement Date risers, feeders and wiring will be installed in the Building by such meterLandlord, at Landlord’s sole cost and expense, to furnish electrical service to the demised premises in amount sufficient to meet Tenant’s reasonable requirements of electrical current consistent with the electrical capacity of the existing equipment supplying electrical current to the demised premises and Tenant’s contemplated use of the demised premises in accordance with Article 2 and Article 42 hereof. Landlord shall not in any way be liable or responsible agrees to make six (6) xxxxx per rentable square foot “demand load” available for use by Tenant for any loss or damage or expense which Tenant may sustain or incur if either at the quantity or character demised premises, exclusive of electric service is changed or is no longer available or suitable current required for Tenant’s requirementsHVAC. Any additional riser risers, feeders or risers other equipment or service proper or necessary to supply Tenant’s electrical requirements, upon written request to of Tenant, will be installed by Landlord, Landlord at the sole cost and expense of Tenant, unless, if in Landlord’s reasonable judgment, sole judgment the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises demised premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition occupants of the Building.
(b) Tenant shall obtain electricity for all of Tenant’s electrical needs with respect to the installation of such riser or risersdemised premises, Landlord will also at the sole cost and expense of Tenantincluding, install all other equipment proper and necessary in connection therewith subject but not limited to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed electricity required for the capacity operation of the feeders HVAC unit that services the Demised Premises, directly from the public utility company or other company furnishing electricity to the Building or (the risers or wiring installation which Landlord represents is sufficient for ordinary office use“Electric Company”). It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and The cost of such electricity shall be paid by Tenant directly to such Electric Company. Landlord represents that the Tenant to demised premises are separately metered as of the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefordate hereof. Tenant shall make no alterations be responsible, at its sole cost and expense, for the maintenance and repair of all electric meters in the demised premises, whether or additions not same were installed by Tenant.
(c) Tenant shall, at its sole cost and expense, supply for its use to the electric equipment and/or appliances without demised premises, any and all ballast, starters, lamps, bulbs and other items which are ancillary to utilizing its electrical service within the prior written consent of Landlord demised premises in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything accordance with and subject to the contrary herein, should electric service be interrupted for a period terms and provisions of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesLease.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Loft Lease (Integral Ad Science Holding LLC), Lease Agreement (Integral Ad Science Holding LLC)
Electricity. 14.01 Notwithstanding anything to the contrary contained in this Lease, the costs of all electricity utilized in the Premises (including, but not limited to, all electricity utilized by lighting, air handling units, VAV boxes and any Additional HVAC Equipment (as defined in Section 9.E. hereof) serving the Premises, but excluding electricity for central plant equipment that serves the Building’s central heating and air conditioning systems, including, for example, the Building’s chiller and cooling tower, which costs shall be included in Operating Expenses) shall be submetered by Landlord, and Tenant shall obtain electricity pay to Landlord the full amount of the costs of such electrical consumption from time to time within thirty (30) days following receipt of a xxxx from Landlord for such costs; provided, however, that in the Demised event that at any time a portion of the Premises is located on a direct meter basisfloor in the Building that is less than a full floor leased by Tenant, Tenant shall be responsible for pay its pro rata share of the cost of electricity used by items such as lighting, air handling units and pay VAV boxes on such floor, based on the ratio of the rentable square footage of the portion of the Premises located on such floor to the applicable utility all charges for electricity as measured total rentable square footage on such floor. All submeter(s) necessary to measure electrical consumption on full floors being leased by such meter. Landlord Tenant have been or shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the Landlord’s sole cost and expense expense; however, in the event Tenant desires to install a submeter to measure electricity consumption within any portion of the Premises located on a floor in the Building that is less than a full floor leased by Tenant, unlessthen in lieu of Tenant paying its pro rata share of the cost of electricity as described in the immediately preceding sentence, in Landlordsuch submeter shall be installed at Tenant’s reasonable judgmentexpense, and thereafter Tenant shall pay for the same will cause permanent damage or injury to actual consumption of electricity within such portion of the Building or Premises consisting of less than a full floor (rather than a pro rata share of the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other electricity consumed by all tenants or occupantson such floor). In addition to the installation The maintenance, repair and replacement of such riser or riserssubmeter(s) shall be Tenant’s sole responsibility, Landlord will also at the Tenant’s sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesexpense.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Lease Agreement (Evolent Health, Inc.), Lease Agreement (Evolent Health, Inc.)
Electricity. 14.01 1. Tenant shall obtain pay for all electricity for the Demised Premises on consumed in Tenant's Space. The consumption shall be measured by a direct meter basisseparate submeter, and Tenant shall be responsible pay for and pay such consumption directly to the applicable utility all charges for electricity as measured by such meterLandlord. Landlord Tenant's use of electrical energy in Tenant's Space shall not in at any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never time exceed the capacity of any of the feeders electrical conductors or equipment in or otherwise serving Tenant's Space. To ensure that such capacity is not exceeded and to avert possible adverse effects upon the Building's electrical system, Tenant shall not, without prior written notice to Landlord in each instance, connect to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage in excess of 120 volts nominal, or make any alteration or addition to the electric system of the Tenant's Space. Tenant hereby further agrees (i) not to exceed the amperage for the service panel without Landlord's prior written consent, and (ii) to notify Landlord in the event. Tenant requires excess voltage, whereupon the parties will cooperate and work with each other to provide Tenant with such excess voltage, at Tenant's cost and expense Unless Landlord shall reasonably object to the connection of any such fixtures, appliances or equipment, all additional risers or wiring installation which other equipment required therefore shall be provided by Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and cost thereto shall be paid by Tenant upon Landlord's demand.
2. It is understood that the electrical service to the Premises may be furnished by one or more suppliers of electricity and that the cost of electricity may be billed as a single charge or divided into and billed in a variety of categories such as distribution charges, transmission charges, generation charges, public good charges and other similar categories and may also include a reasonable fee, commission or other charge by a broker, aggregator or other intermediary for obtaining or arranging the supply of electricity. Landlord shall, upon providing prior written notice to Tenant, have the right to select the supplier of electricity to the Building, Premises and Lot, and, as Tenant's agent, to designate the same to a local utility, to aggregate the supply of electricity for the Building, Premises and Lot with other buildings, to purchase electricity for the Building, Premises and Lot through a broker, aggregator or other intermediary and/or buyers group or other group and to change the supplier of electricity and/or manner of purchasing electricity from time to time. If Landlord undertakes activities for the purpose of reducing Landlord's or Tenant's operating costs, provided Landlord reasonably anticipates such activities should reduce Landlord's or Tenant's operating costs, (such as negotiating an agreement with a utility or another energy supplier or engaging an energy consultant or undertaking conservation or other energy efficient measures that may require capital expenditures), Tenant shall pay its proportionate share of all costs and expenses associated with such actions (including but not limited to brokers' commissions, legal fees and capital expenditures which shall be amortized in accordance with the provisions of Section 4.2 of the Lease), as additional rent, as and when payment is made by Landlord, so long as Tenant's approval has been obtained by Landlord in advance, which such approval shall not be unreasonably withheld or delayed by Tenant and which such approval of Tenant shall only be required so long as Tenant remains the sole tenant of the Building.
3. Utility lines and other facilities that supply the Premises, whenever installed, may be the subject of a requirement that the owner of the Premises make payments for the lines or other facilities upon the occurrence of certain events, if, for example, a tenant utilizing such facilities discontinues purchasing energy from the provider of the facilities, Landlord may be required to enter into agreements that would obligate it to make such payments in the future. Landlord agrees to notify the Tenant of any such agreements, any amendments, modifications, replacements or substitutions thereto, Landlord hereby acknowledging that there are no such agreements currently in force or effect. If such payments are required, whether based on contract or tariff, from Landlord with respect to such facilities that are utilized by the Tenant, the Landlord shall so inform Tenant in writing, and the Tenant thereby agrees that it shall reimburse the Landlord for its proportionate share of all such payments as additional rent, when and as made by the Landlord, with no profit to Landlord.
4. As used in this Section VII, the term "supplier(s) of electricity" shall mean one or more companies (including but not limited to an electric utility, generator, independent or non-regulated company or intermediary or broker or group) that provides electricity to the Premises or to the Landlord within ten (10) days after to be provided to the rendering Premises, as the case may be. EXHIBIT "E" RULES AND REGULATIONS
1. The entrance, lobbies, passages, corridors, elevators and stairways shall not be encumbered or obstructed by Tenant, Tenant's agents, servants, employees, licensees, and visitors be used by them for any purpose other than for ingress and egress to and from the Premises. The moving in or out of all safes, freight, furniture, or bulky matter of any xxxx description must take place during the hours which Landlord may determine from time to time. Landlord reserves the right to inspect all freight and bulky matter to be brought into the Building and to exclude from the Building all freight and bulky matter which violates any of these Rules and Regulations or statement to the Tenant thereforLease of which these Rules and Regulations are a part.
2. Tenant No curtains, blinds, shades, screens, or signs other than those furnished by Landlord shall make no alterations be attached to, hung in, or additions to used in connection with any window or door of the electric equipment and/or appliances Premises without the prior written consent of the Landlord. Interior signs on doors shall be painted or affixed for Tenant by Landlord in each instanceor by sign painters first approved by Landlord, which consent at the expense of Tenant, and shall not be unreasonably withheldof a size, conditioned color and style acceptable to Landlord.
3. No additional locks or delayed. Notwithstanding anything to the contrary herein, should electric service bolts of any kind shall be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent placed upon any of the Demised Premisesdoors or windows by Tenant, Fixed Rent nor shall xxxxx until such service resumes any changes be made in existing locks or the mechanism thereof without the prior written consent of Landlord. Tenant must, upon the termination of its tenancy, restore to Landlord all keys of stores, shops, booths, stands, offices and Tenant is able toilet rooms, either furnished to resume or otherwise procured by Tenant, and in the use of at least seventy-five (75%) percent event of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) loss of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordany keys so furnished, Tenant shall have the right to terminate this Lease by giving written notice pay to Landlord the cost thereof.
4. Canvassing, soliciting and peddling in the Building are prohibited, and Tenant shall cooperate to prevent the same.
5. Tenant may request heating and/or air conditioning during other periods in addition to normal working hours by submitting their request in writing to the Building Manager's office no later than 2:00 PM the seventieth preceding workday (70thMonday through Friday) consecutive day on forms available from the Building Manager. The request shall clearly state the start and vacating no later than stop hours of the ninetieth (90th) consecutive day"off-hour" service. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type shall submit to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts Manager a list of electricity, without Landlord’s prior written consent, not personnel who are authorized to make such requests. Charges are to be unreasonably withheld, conditioned or delayed, in each instancedetermined by the Building Manager on the additional hours of operations and shall be fair and reasonable and reflect the additional operating costs involved.
6. In no event Tenant shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction comply with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or all security measures from time to time established by Landlord for the Building.
7. The Building is a non-smoking building. EXHIBIT "F" [INTENTIONALLY DELETED] EXHIBIT "G" ESTOPPEL CERTIFICATE (This may be edited for estoppel certificates requested of Landlord by Tenant) THIS CERTIFICATE is made to with respect to a Lease between as Landlord and the undersigned, covering a building located in , such lease being dated , as amended by (list all amendments). The undersigned has been advised that (the "Bank"), is about to enter into a transaction whereby the Bank is making a loan secured by the aforesaid real estate and the Lease to the undersigned, and under which the Bank may acquire an ownership interest in such real estate. In connection with this transaction, the entire interest of the Landlord under the Lease to the undersigned will be assigned to the Bank. The undersigned acknowledges that the Bank is and will be relying upon the truth, accuracy and completeness of this letter in proceeding with the transaction described above. The undersigned, for the benefit of the bank, their successors and assigns, hereby certifies, represents, warrants, agrees and acknowledges that
1. The Lease is in full force and effect in accordance with its terms without modification or amendment except as noted above and the undersigned is the holder of the Tenant's/Landlord's interest under the Lease.
2. The undersigned is in possession of all of the Premises described in the Lease under and pursuant to the Lease and is doing business thereon, and the premises are completed as required by the Lease.
3. The undersigned has no claims or offsets with respect to any of its obligations as Tenant/Landlord under the Lease, and neither the undersigned nor the Landlord/Tenant is claimed to be in default under the Lease.
4. The undersigned Tenant has not paid any rental or installments thereof in advance of the due date as set forth in the Lease.
5. The undersigned Tenant/Landlord has no notice of prior assignment, hypothecation or pledge of rents of the Lease or the Landlord's interest thereunder or of the Tenant's interest thereunder.
6. The term of the Lease has commenced and is presently scheduled to expire on ______________________________. If there are any rights of extension or renewal under the terms of the Lease, the same have not, as of the date of this letter, been exercised.
7. Until such time as the Bank shall become the Landlord, if the undersigned should assert a claim that the Landlord has failed to perform an obligation to the undersigned under the terms of the Lease or otherwise, notice thereof shall promptly be furnished to the Bank, and the undersigned agrees that the undersigned will not exercise any rights which the undersigned might otherwise have on account of any such failure until notice thereof has been given to the Bank, and the Bank has had the same opportunity to cure any such failure as the Landlord may have under the terms of the Lease.
8. Each of the statements set forth in Paragraphs 1 through 7 are true, accurate and complete except as follows (state specifically any exception). DATED: ATTEST: By:_____________________________________ By:_____________________________________ EXHIBIT "H" OPTION TO EXTEND
Appears in 2 contracts
Samples: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)
Electricity. 14.01 15.1 Landlord shall furnish the electric energy that Tenant shall obtain electricity require in the Demised Premises. Tenant shall pay to Landlord, as additional rent, the costs and charges for all electric energy furnished to Tenant at the Demised Premises. Additional rent for such electric energy shall be calculated and payable in the manner hereinafter set forth.
15.2 Within a reasonable time after the commencement of the term of this Lease, subsequent to Tenant's having taken occupancy of the Demised Premises and having installed and commenced the use of Tenant's electrical equipment, Landlord, at Tenant's sole expense, shall cause a survey to be made by a reputable independent electrical engineer or similar agency of the estimated use of electric energy (other than for heat and air conditioning) to the Demised Premises, and shall compute the cost thereof for the quantity so determined at prevailing retail rates. Tenant shall pay Landlord the cost of such electric energy, as so calculated, on a monthly basis, as additional rent, together with its payment of fixed rent. Until such time as Landlord shall complete the aforedescribed survey, Tenant shall pay to Landlord, each and every month, as additional rent, for and on account of Tenant's electrical consumption, the sum of $3,906.25 for the Initial Space for first two months of the Lease term and $5,208.33 thereafter to be applied against Tenant's obligations hereunder. Upon completion of the survey, there shall be an adjustment for the period from the day the Tenant takes occupancy of the Demised Premises through the date that the results of the survey shall be effectuated as shall be required. Landlord shall have the right, at any time, during the term of this Lease, to cause the Demised Premises to be resurveyed. In the event that such resurvey indicates an increase of 10% or greater of Tenant's previous consumption for the Demised Premises on a direct meter basisPremises, then Tenant shall pay the cost of such resurvey. In the event that such resurvey indicates either of (i) no increase; or (ii) an increase less than 10% of Tenant's previous consumption, or (iii) a decrease, then Landlord shall bear the cost of such resurvey. Tenant shall have the right, at any time during the term of the Lease, to cause the Demised Premises to be responsible resurveyed. In the event that such resurvey shall indicate increased or decreased electrical consumption by Tenant at the Demised Premises, there shall be an adjustment in the amount paid by Tenant to Landlord for and pay Tenant's electrical consumption in accordance with the resurvey as well as an adjustment retroactive to the applicable utility all charges for electricity as measured date Landlord establishes Tenant's increase or decrease in electrical consumption in excess of the consumption established by such meterthe prior survey. All surveys pursuant to this Article shall be conducted by a reputable independent electrical engineer or similar agency recognized by the electric company servicing the Building. Landlord shall submit to Tenant the results of any electrical survey and the same shall be deemed binding upon Tenant unless Tenant shall object to same within ninety (90) days of the date that Landlord shall furnish Tenant with the results of the survey.
15.3 Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers energy furnished to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises by reason of any requirement, act, or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity omission of the feeders to public utility serving the Building with electricity or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.any
Appears in 2 contracts
Samples: Lease Agreement (Paradyne Corp), Lease Agreement (Globespan Semiconductor Inc)
Electricity. 14.01 Landlord shall provide adequate electrical wiring and facilities for connection to Building standard ceiling mounted lighting fixtures and incidental use equipment, i.e., 5 xxxxx of connected load per usable square foot, provided that Tenant’s consumption of electricity does not exceed 2.4 xxxxx/hour per usable square foot of the Premises per month, which electrical usage shall be subject to Applicable Laws and regulations, including Title 24. Tenant will design Tenant’s electrical system serving any equipment producing nonlinear electrical loads to accommodate such nonlinear electrical loads, including, but not limited to, oversizing neutral conductors, derating transformers and/or providing power-line filters. Engineering plans shall obtain electricity for include a calculation of Tenant’s fully connected electrical design load with and without demand factors and shall indicate the Demised Premises on a direct meter basisnumber of xxxxx of unmetered and submetered loads. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall pay to Landlord the actual cost (without xxxx-up) of all electricity services provided to and/or consumed in the Premises (including normal and excess consumption and including the cost of electricity to operate the HVAC air handlers), pursuant to submeters. Tenant shall pay the cost of such electricity within thirty (30) days after demand accompanied by a documented invoice therefor and as Additional Rent under this Lease (and not as part of the Operating Expenses). Tenant shall be solely responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of all such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity submeters as part of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforImprovements. Tenant shall make no alterations or additions to bear the electric equipment and/or appliances without the prior written consent cost of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period replacement of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers starters and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines ballasts for non-Building standard lighting fixtures within the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the BuildingPremises.
Appears in 2 contracts
Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
Electricity. 14.01 The cost of electricity supplied to the Premises shall be separately submetered by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. Tenant shall obtain pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the Demised Premises on a direct meter basissame. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant shall may, at its own expense, elect to make additional electricity arrangements for electricity to be responsible for provided to the Premises and/or Supplemental Areas (and pay to Supplemental Equipment) directly with the applicable utility all charges (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for electricity as measured by such meter. Landlord purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall not in any way be liable or responsible subject to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for and conditioned upon Tenant’s requirementscompliance with the TCC’s of Article 6.9 and the Special Use Conditions). Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at no cost to Landlord (or Master Landlord under the sole cost Master Lease), shall cooperate (and expense of Tenant, unless, cause Master Landlord to cooperate) with Tenant and Provider reasonably and in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary good faith in connection therewith subject to the aforesaid terms and conditionsthis regard. Tenant covenants and agrees that at to pay all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient bills from Provider for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric such direct electrical service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dateswhen due.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)
Electricity. 14.01 The Sixty-Eighth Article of the Lease is hereby deleted and the following is substituted therefor:
(i) Tenant agrees that Landlord shall obtain furnish electricity for the Demised Premises to Tenant on a direct meter ‘submetering’ basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall install any submeters reasonably required, in Landlord’s judgment, in the demised premises for the purposes of this Article, at Tenant’s sole cost and expense. Electricity and electric service, as used herein, shall mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including, but not limited to, services which facilitate the distribution of service.
(ii) Tenant covenants and agrees to purchase electricity from Landlord or Landlord’s designated agent at charges, terms and rates, including, without limitation, fuel adjustments and taxes, equal to those specified in the Con Edison SC#4-I rate schedule effective on the date Landlord first provides electricity to the demised premises on a submetering basis (the “effective” date), or any way successor rate schedule or service classification, plus five percent (5%) for transmission line loss and other redistribution costs. Where more than one (1) meter measures the service of Tenant in the Building, then the service registered by each meter shall be aggregated and billed at the applicable rate as if there were only one (1) sub- meter measuring Tenant’s aggregate use in the entire demised premises. Bills therefor shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, Additional Charges. If any tax is imposed by any Federal, State or Municipal authority upon Landlord’s receipts from the sale or resale of electrical energy to Tenant hereunder, Tenant covenants and agrees that where permitted by law, Tenant’s pro-rata share of such taxes shall be included in the amount of Additional Charges to be paid by Tenant to Landlord hereunder.
(iii) If all or part of the submetering additional rent payable in accordance with this Article 22 becomes uncollectible or reduced or refunded by virtue of any law, order or regulation, the parties agree that, at Landlord’s option, in lieu of submetering Additional Charges, and in consideration of Tenant’s use of the Building’s electrical distribution system and receipt of redistributed electricity and payment by Landlord of consultant’s fees and other redistribution costs, the fixed annual rent to be paid under this Lease shall be increased by an “alternative charge” which shall be the average per rentable square foot rate payable by Tenant for electricity during the prior twelve (12) month period pursuant to this Article.
(iv) Landlord shall not be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the Building or wiring installation. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessif, in Landlord’s reasonable judgment, the same are reasonably necessary and will not cause permanent damage or injury to the Building or the Demised Premises demised premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expenses or otherwise interfere with or disturb other tenants or occupantsoccupants of the Building except to a de minimis extent. In addition to the installation of such riser or risers, Landlord will also also, at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. The parties acknowledge that they understand that it is anticipated that electric rates, charges, etc., may be changed by virtue of time-of-day rates or other methods of billing, electricity purchases and the redistribution thereof, and that the references in the foregoing paragraphs to changes in methods of or rules on billing are intended to include any such changes. Anything hereinabove to the contrary notwithstanding, in no event is the submetering, additional rent or any “alternative charge” to be less than an amount equal to the total of Landlord’s payment to public utilities and/or other providers for the electricity consumed by Tenant covenants (and agrees that any taxes thereon or on redistribution of same) plus five percent (5%) for transmission line loss and other redistribution costs. Landlord reserves the right to terminate the furnishing of electricity upon sixty (60) days’ prior written notice to Tenant; provided Landlord terminates the furnishing of electricity to at all times least fifty percent (50%) of the tenants of the Building (not including those retail tenants on the ground floor of the Building) to whom Landlord is furnishing electricity on a submetered basis, in which event the Tenant may make application directly to the public utility and/or other providers for the Tenant’s entire separate supply of electric current and Landlord shall permit its wires and conduits, to the extent available and safely capable, to be used for such purpose, but only to the extent of Tenant’s then authorized load. Any meters, risers, or other equipment or connections reasonably necessary to furnish electricity on a submetering basis or to enable Tenant to obtain electric current directly from such utility and/or other providers shall be installed at Tenant’s sole cost and expense. Only rigid conduit or electrical metal tubing (EMT) will be allowed. Landlord, upon the expiration of the aforesaid sixty (60) days’ prior written notice period may discontinue furnishing the electric current but this Lease shall otherwise remain in full force and effect.
(v) Tenant’s use of electric current energy in the demised premises shall never not at any time exceed the capacity of any of the feeders electrical conductors and equipment in or otherwise serving the demised premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building’s distribution of electricity via the Building’s electric system, Tenant shall not, without Landlord’s prior consent in each instance (which consent shall not be unreasonably withheld or delayed), connect any fixtures, appliances or equipment (other than normal business machines and personal computers, which do not materially increase Tenant’s electrical consumption) to the Building Building’s electric system or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of make any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without system of the prior written consent of demised premises existing on the Effective Date. Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything continue to make electrical energy available to the contrary hereindemised premises in accordance with current practice.
(1) Upon Tenant’s request therefor, should electric service be interrupted for a period Landlord shall provide Tenant with utility invoices and other reasonable documentation supporting its computation of more than five Additional Charges hereunder.
(52) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of At Landlord’s option, Tenant shall have the right to terminate this Lease by giving written notice to purchase from Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution systemor Landlord’s agent all lighting tubes, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers bulbs and other small office machines which consume comparable amounts of electricity, without ballasts used in the demised premises and Tenant shall pay Landlord’s prior written consentreasonable charges for providing and installing same, not to be unreasonably withheldon demand, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingas additional rent.
Appears in 2 contracts
Samples: Lease (G Iii Apparel Group LTD /De/), Lease Amendment (G Iii Apparel Group LTD /De/)
Electricity. 14.01 15.01. Electricity shall be furnished by Landlord to the Premises and Tenant shall obtain pay to Landlord, as Additional Rent for such service, during the Term, an amount equal to the amount Landlord actually pays to the utility company to provide electricity to the Premises, including all applicable surcharges, demand charges, taxes and other sums payable in respect thereof, without any xxxx-up, service charge or other additional fees or profit margin imposed by Landlord and Tenant shall receive the net of any rebates or credits actually received by Landlord in respect of such electricity supplied to the Premises and paid for by Tenant, based on Tenant's demand and/or consumption of electricity as registered on a meter or sub-meter installed by Landlord as part of the Base Building Work in the Premises for purposes of measuring such demand and consumption. Landlord, at Landlord's sole cost and expense (but subject to recoupment by Landlord pursuant to Sections 5.05 and 5.06) shall maintain such meters or sub-meters in good working order. Tenant, from time to time, shall have the right to review and audit Landlord's meter readings and electricity bills, and Landlord's calculation of the Additional Rent attributable to Tenant’s electricity consumption and usage, at reasonable times and on reasonable prior notice, and if at any time the Demised Premises on a direct meter basis, are not separately metered Tenant shall be responsible also have the right to audit such readings, bills and calculations. For the avoidance of doubt, electric energy for the HVAC system and all common areas of the Building is included in Operating Expenses, and Tenant shall pay to Tenant’s Percentage of the applicable utility all charges for electricity as measured by such metersame.
15.02. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed energy furnished to the Demised Premises only by reason of any requirement, act, or is no longer available or suitable for omission of the public utility serving the Building with electricity. Landlord shall reasonably furnish and promptly install all replacement lighting tubes, lamps, bulbs, and ballasts required in the Demised Premises at Tenant’s requirementsexpense.
15.03. Any additional riser The risers and/or other electrical conductors or risers to supply Tenant’s equipment serving the Demised Premises shall be capable of supplying 15 xxxxx of electricity per rentable square foot, and Tenant shall not use any electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessequipment which, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition would exceed such capacity or interfere with or disturb the electrical service to other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Aralez Pharmaceuticals Inc.)
Electricity. 14.01 (a) Landlord shall supply electricity to the Premises to meet a demand requirement not to exceed 8.0 wattx xxx square foot of Premises Rentable Area for standard single-phase 120 volt alternating current and Tenant agrees in its use of the Premises (i) not to exceed such requirements and (ii) 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 obtain require electricity in excess of the requirements set forth above, Tenant shall notify Landlord and Landlord may (without being obligated to do so) supply such additional service or equipment at Tenant's sole cost and expense. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse affect on the Building's electric system, Tenant shall not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Building's electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at 120/208 volts.
(b) Tenant acknowledges that Basic Rent does not include the cost of providing convenience electricity to the Premises. As elsewhere provided, Tenant shall pay the Estimated Electricity Payment to Landlord with Basic Rent payments, and to the extent that the cost of providing convenience electricity to the Premises for any Operating Year exceeds the Estimated Electricity Payment, Tenant shall pay such excess as herein provided. Tenant's electricity usage in the Premises shall be measured by one or more so-called "check-meters," which shall be installed in the Premises by Landlord. Landlord shall cause such meter(s) to be read periodically, but not less often than once during each Operating Year, for the Demised purpose of determining Tenant's actual electricity usage during such Operating Year. Tenant shall reimburse Landlord, as Additional Rent, for the actual cost of the electric current consumed in the Premises, as measured by the "check -meters" serving the Premises, for the Operating Year in question. In the event that the Building shall be metered for more than one rate applicable to the Premises, then the Premises shall be similarly check-metered at each rate applicable to the Premises. To the extent that the Estimated Electricity Payments theretofore made by Tenant for the Operating Year in question are less than the amount computed by Landlord as aforesaid, then Tenant shall pay the amount of such shortfall within thirty (30) days after being so advised by Landlord, but if Tenant's Estimated Electricity Payments exceed the amount due, then Landlord shall credit the excess against subsequent obligations of Tenant on account of Estimated Electricity Payments (or refund such excess if the Lease Term has expired and Tenant has no further obligation to Landlord).
(c) From time to time during the Lease Term, Landlord shall have the right to have an electrical consultant selected by Landlord make a survey of Tenant's electric usage, the result of which survey shall be conclusive and binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in Section 7.4(a) hereof, in addition to any other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the reasonable cost of such survey and the cost, as determined by such consultant, of electricity usage in excess of such requirements as an additional charge.
(d) Landlord shall have the right to discontinue furnishing electricity to the Premises at any time upon not less than thirty (30) days' notice to Tenant provided Landlord shall, at the expense of the party requesting direct separate metering, separately meter basisthe Premises directly to the applicable public utility company. If Landlord exercises such right, from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to the Premises, and
(i) Tenant shall no longer be required to pay the Estimated Electricity Payment portion of Basic Rent; and
(ii) Landlord shall permit Landlord's existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant provided that the limits set forth in Section 7.4(a) hereof shall not be exceeded, and Tenant shall be responsible for and pay payment of all electricity charges directly to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesutility.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)
Electricity. 14.01 Tenant 16.01 Subject to the terms of Section 16.03, Landlord shall obtain electricity for furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on a direct Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter basisor otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss or damage loss, damage, or expense which that Tenant may sustain or incur if either the quantity or character of electric electrical service is changed or changed, is no longer available available, or suitable is unsuitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in At Landlord’s reasonable judgmentoption, the same will cause permanent damage Tenant shall purchase from Landlord or injury to the Building its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Premises.
16.02 Tenant covenants and agrees that that, at all times times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office usethereof. It is further covenanted and agreed by the In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as Additional Rent additional rent, and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault after rendition of Landlord so as any bxxx or statements to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant therefor.
16.03 Provided that it is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE physically possible for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building receive electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines current in the Demised Premises would result directly from the public utility company serving the area in an overload which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the electrical circuits servicing date upon which Landlord discontinues furnishing electric current to Tenant, (a) the Demised Premises or annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the Buildingprovisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.
Appears in 2 contracts
Samples: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)
Electricity. 14.01 (a) Landlord will furnish electricity to Tenant shall obtain electricity through presently installed electrical facilities for Tenant’s reasonable use of such lighting, electrical appliances, air conditioning systems and equipment as exist on the Demised date hereof, and subject to Landlord consent, such other equipment as Tenant may be permitted to install in the Premises on a direct meter basisand the Licensed Space, Tenant which consent shall be responsible for and pay in Landlord’s reasonable determination solely with respect to installations that Tenant proposes to install in the Premises. Tenant agrees that at all times its use of electrical current shall never exceed the electrical capacity of the existing feeders to the applicable utility all charges for electricity Building or the existing risers or the wiring installations serving the applicable portion of the Premises or the Licensed Space, as measured by such meterapplicable. Subject to the terms of Section 8.9, Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed energy, or is no longer available other utilities furnished to the Premises or suitable for Tenant’s requirementsthe Licensed Space. Any additional riser risers, feeders, or risers other equipment proper or necessary to supply Tenant’s electrical requirementsrequirements with respect to the Premises, upon written request to of Tenant, will be installed by Landlord, Landlord at the sole cost and expense of Tenant, unlessif, in Landlord’s reasonable judgment, the same will not cause or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb Landlord or any other tenants or cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost any Building.
(b) If required under applicable Legal Requirements and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionsof Section 8.9, Landlord shall be permitted to terminate the furnishing of electrical energy, upon at least thirty (30) days’ notice (provided that such longer notice as is reasonably feasible under the circumstances shall be given) to Tenant unless a shorter period of notice is required or necessitated by Legal Requirements. If Landlord shall so discontinue the furnishing of electrical energy, (a) Tenant covenants and agrees that at all times its use of electric current shall never exceed arrange to obtain electrical energy directly from the capacity of the feeders public utility company or other service provider then furnishing electrical energy to the Building or Buildings and, unless required by such Legal Requirements, Landlord shall not terminate such service until Tenant shall have obtained such direct service, (b) Landlord shall permit the risers or existing feeders, risers, wiring installation which Landlord represents is sufficient and other electrical facilities serving the Premises to be used by Tenant for ordinary office use. It is further covenanted such purpose, (c) from and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering effective date of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of such discontinuance, Landlord in each instance, which consent shall not be unreasonably withheldobligated to furnish electric energy to Tenant, conditioned or delayed. Notwithstanding anything (d) subject to the contrary hereinterms hereof, should electric service be interrupted for a period Landlord shall not have liability to Tenant on account of more than five such discontinuance and (5e) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have install and maintain at locations in the right Buildings reasonably selected by Landlord any necessary electrical meter equipment, panel boards, feeders, risers, wiring and other conductors and equipment which may be required to terminate this Lease by giving written notice to obtain electrical energy directly from the public utility or other service provider supplying the same; it being agreed that the reasonable out-of-pocket cost of any such installation shall be shared equally between Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesTenant.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system(c) Landlord shall be responsible for replacing all light bulbs, beyond that on Tenant’s approved plans for initial occupancylight fixtures, other than tubes, lamps, computers starters and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines ballasts required in the Demised Premises would result in an overload of and the electrical circuits servicing the Demised Premises or the BuildingLicensed Space.
Appears in 2 contracts
Samples: Lease Agreement (Armstrong World Industries Inc), Lease Agreement (Armstrong Flooring, Inc.)
Electricity. 14.01 1. Tenant shall obtain pay for all electricity for and gas consumed in the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay directly to the applicable respective utility all charges for electricity as measured by such meterproviders.
2. Landlord Tenant's use of electrical service in the Premises shall not in at any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never time exceed the capacity of any of the feeders to electrical conductors or other equipment in or otherwise serving the Premises or the Building or standard, as hereinafter provided. To ensure that such capacity is not exceeded and to avert possible adverse effects upon the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Building's electrical system, Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within not, without at least ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written notice to and consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution systemsystem any fixtures, beyond appliances or equipment which operates on a voltage in excess of 120 volts nominal, or which requires a single (dedicated) circuit, or make any alteration or addition to the electric system of the Premises. In the event Tenant shall use (or request that on it be allowed to use) electrical service in excess of that deemed by Landlord to be standard for the Building, Landlord may refuse to provide such excess usage or refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including but not limited to the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof shall be paid for by Tenant’s approved plans for initial occupancy, other than lampsas additional rent, computers upon Landlord's demand.
3. It is understood that the electrical service to the Premises may be furnished by one or more suppliers of electricity and that the cost of electricity may be billed as a single charge or divided into and billed in a variety of categories such as distribution charges, transmission charges, generation charges, public good charges and other small office machines which consume comparable amounts similar categories and may also include a reasonable fee, commission or other charge by a broker, aggregator or other intermediary for obtaining or arranging the supply of electricity. Landlord shall, without Landlord’s upon Tenant's prior written consent, approval (not to be unreasonably withheld, conditioned withheld or delayed) so long as Tenant remains the sole tenant of the Building, in each instance. In no event shall Tenant use or install any fixtureshave the right to select the supplier of electricity to the Building, equipment or machines Premises and Lot, and, as Tenant's agent, to designate the use same to a local utility, to aggregate the supply of which in conjunction electricity for the Building, Premises and Lot with other fixturesbuildings, equipment to purchase electricity for the Building, Premises and machines Lot through a broker, aggregator or other intermediary and/or buyers group or other group and to change the supplier of electricity and/or manner of purchasing electricity from time to time. If Landlord undertakes activities for the purpose of reducing Landlord's or Tenant's operating costs (such as negotiating an agreement with a utility or another energy supplier or engaging an energy consultant or undertaking conservation or other energy efficient measures that may require capital expenditures), Tenant shall pay its proportionate share of all costs and expenses associated with such actions (including but not limited to brokers' commissions, legal fees and capital expenditures), as additional rent, as and when payment is made by Landlord, so long as Tenant's approval has been obtained by Landlord in advance, which such approval shall not be unreasonably withheld or delayed by Tenant and which such approval of Tenant shall only be required so long as Tenant remains the Demised Premises would result in an overload sole tenant of the electrical circuits servicing the Demised Premises or the Building.
4. Utility lines and other facilities that supply the Premises, whenever installed, may be the subject of a requirement that the owner of the Premises make payments for the lines or other facilities upon the occurrence of certain events, if, for example, a tenant utilizing such facilities discontinues purchasing energy from the provider of the facilities, Landlord may be required to enter into agreements that would obligate it to make such payments in the future. Landlord agrees to notify the Tenant of any such agreements, any amendments, modifications, replacements or substitutions thereto, Landlord hereby acknowledging that there are no such agreements currently in force or effect. If such payments are required, whether based on contract or tariff, from Landlord with respect to such facilities that are utilized by the Tenant, the Landlord shall so inform Tenant in writing, and the Tenant thereby agrees that it shall reimburse the Landlord for its proportionate share of all such payments as additional rent, when and as made by the Landlord, with no profit to Landlord.
5. As used in this Section VII, the term "supplier(s) of electricity" shall mean one or more companies (including but not limited to an electric utility, generator, independent or non-regulated company or intermediary or broker or group) that provides electricity to the Premises or to the Landlord to be provided to the Premises, as the case may be.
Appears in 2 contracts
Samples: Lease Agreement (Unisphere Networks Inc), Lease Agreement (Unisphere Solutions Inc)
Electricity. 14.01 14.01. Landlord agrees to furnish to the Premises and Tenant agrees to purchase from Landlord all electricity consumed, used or to be used in the Premises. The amount to be paid by Tenant for electricity consumed shall obtain be determined by a currently installed meter or meters and related equipment and billed in accordance with the consumption and demand amounts recorded by each meter. Bills for electricity consumed by Tenant, which Tenant hereby agrees to pay, shall be rendered by Landlord to Tenant not more often than monthly and shall be payable as an Additional Charge, within thirty (30) days after rendition of any such xxxx. The amount to be charged to Tenant by Landlord per “KW” and “KWHR” pursuant to this Article for electricity consumed within the Premises, as shown on the meters measuring Tenant’s consumption of electricity, shall be 103.5% of the amount at which Landlord from time to time purchases each KW and KWHR of electricity for the Demised same period from the utility company, which amount shall be determined by dividing the cost established by said utility company (averaged separately for KWs and KWHRs) during each respective billing period by the number of KWs and KWHRs consumed by the Building appearing on the utility company invoice for such period. If any tax is imposed on Landlord’s receipt from the sale or resale of electric energy to Tenant by any federal, state or municipal authority, Tenant covenants and agrees that where permitted by law, Tenant’s pro rata share of such taxes shall be passed on to, and included in the xxxx of, and paid by Tenant to Landlord. Any meters installed to furnish electric service to the Premises on a direct meter submetered basis, as herein provided, shall be maintained by Landlord at Landlord’s expense except to the extent of any repairs that are necessary as a result of Tenant’s negligence or wrongful acts which such repairs shall be performed by Landlord at Tenant’s sole cost and expense.
14.02. Provided that, prior thereto or simultaneously therewith, Landlord shall discontinue or shall have discontinued furnishing electric energy to at least eighty (80%) percent of the tenants in the Building receiving electric energy on a submetering basis, Landlord reserves the right to discontinue furnishing electricity to Tenant in the Premises on a submetering basis on not less than thirty (30) days notice to Tenant, or upon such shorter notice as may be required by the public utility serving the Building. If Landlord exercises such right to discontinue, or is compelled to discontinue, furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby and Tenant shall arrange to obtain electricity directly from the public utility serving the Building. Such electricity may be responsible furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purposes. If such discontinuance on the part of Landlord shall be necessary to comply with any laws and requirements of public authorities, any requirements of insurance bodies or with any applicable rule, regulation, order or directive of any public utility company, all meters and all additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electricity of substantially the same quantity, quality and character directly from such public utility shall be installed by Landlord at Tenant’s expense. If such discontinuance on the part of Landlord shall occur as a result of any other reason: (i) the aforementioned electrical equipment shall be installed by Landlord at Landlord’s sole cost and expense and (ii) Landlord shall, on a regular basis, but in no event less frequently than one (1) time during any three (3) month period during the term of this Lease, allow Tenant a credit against any Additional Charges due Landlord in an amount equal to the excess of Tenant’s cost to obtain direct electric service over the cost that Tenant would have incurred for equivalent service if Tenant had continued to receive electric service under this Lease. Conversely, if Landlord shall voluntarily exercise its right described herein to discontinue furnishing Tenant with electric energy and as a result of the same the cost incurred by Tenant to obtain direct electric service is less than that which Tenant would have incurred for equivalent service if Tenant had continued to receive electric service under this Lease, then Tenant shall, as Additional Charges hereunder, pay to Landlord on a regular basis and in no event less frequently than one (1) time during any three (3) month period during the applicable utility term of this Lease, all charges for electricity of such savings as measured by have accrued to Tenant resulting from such meterLandlord’s discontinuance.
14.03. Except as expressly provided in Section 13.03 hereof, Landlord shall not be liable to Tenant in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed electricity furnished to the Premises by reason of any requirement, act or is no longer available omission of the public utility serving the Building with electricity or suitable for any reason not attributable to Landlord. Tenant’s requirementsuse of electricity in the Premises shall not at any time exceed eight (8) xxxxx per rentable square foot of demand load (the “Power Cap”), and Landlord hereby represents that the vertical electrical risers of the Building serving the Premises are capable of delivering an amount of electricity of no less than the Power Cap to the Premises. Any Tenant may redistribute and reallocate, at its discretion and at its expense, such demand load capacity of eight (8) xxxxx per rentable square foot in any manner that Tenant so elects. If Tenant requests additional electrical tower in addition to the electrical capacity hereinabove described in this Section 14.03 and can demonstrate the need therefor, and if and to the extent such additional power is available for use by Tenant without resulting in a shortage of available power in the Building after taking into consideration the reasonable actual and potential needs of the other tenants in the Building and any potential tenants of then vacant space in the Building, then Landlord shall, at Tenant’s cost and expense (which charge shall be commercially reasonable) make available to Tenant additional cower to the Premises in an amount up to an additional two (2) xxxxx per rentable square foot in the Premises. Landlord agrees to make the necessary shaft space in the Building available in order for Tenant to be able to obtain such additional power; however, any additional riser or risers or feeders needed to supply Tenant’s additional electrical requirements, upon written request requirements in excess of its initial capacity of a demand load not to Tenantexceed eight (8) xxxxx per rentable square foot, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsTenant (which charge shall be commercially reasonable). In addition to the installation of such riser or risers, Landlord will also also, at the sole cost and expense of Tenant, install at a commercially reasonable charge all switches, meters and other equipment proper and necessary in connection therewith subject to therewith.
14.04. Landlord shall furnish and install all replacement lighting, tubes, lamps, bulbs and ballasts required in the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Premises; and, in such event, Tenant shall make no alterations pay to Landlord or additions to its designated contractor upon demand the electric equipment and/or appliances without the prior written consent then established reasonable charges therefor of Landlord in each instanceor its designated contractor, as the case may be, which consent charges shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period in excess of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datescommercially reasonable charges therefor.
14.02 14.05. Any statement from Landlord to Tenant agrees not to connect any additional electrical equipment for the payment of any type Additional Charges pursuant to this Article 14 shall, if not disputed by Tenant or revised or corrected by Landlord within one (1) year after delivery thereof, be deemed final and conclusive upon the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingparties hereunder.
Appears in 2 contracts
Samples: Lease (Ambac Financial Group Inc), Settlement Agreement (Ambac Financial Group Inc)
Electricity. 14.01 Tenant shall obtain pay for all electricity consumed in Tenant's space. If not metered separately, Landlord shall reasonably estimate the cost of such electrical usage for the Demised Premises Tenant's lights and plugs, and Tenant shall reimburse Landlord for such costs on a direct meter monthly basis. If Tenant's use of electrical energy in Tenant's Space is disproportionate to other tenants' use of electrical energy, Tenant shall also pay for all excess electricity consumed in Tenant's space as estimated by Landlord. If Tenant is billed in any manner for tenant electricity other than as Estimated Cost of Tenant Electrical Service to Tenant's space (included in Fixed Rent) as set forth in Paragraph 1.1 hereof, the Fixed Rent shall be responsible for and pay adjusted by deducting the portion thereof representing the cost of electrical service to the applicable utility all charges for electricity as measured by such meterTenant's Space. Landlord Tenant's use of electrical energy in Tenant's space shall not in at any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never time exceed the capacity of any of the feeders electrical conductors or equipment in or otherwise serving Tenant's space. To ensure that such capacity is not exceeded and to avert possible adverse effects upon the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Building's electrical system, Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the prior written consent of notice to Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install system any fixtures, appliances or equipment which operates on a voltage in excess of 120 or machines 208 volts nominal or make any alteration or addition to the use electric system of which in conjunction with other the Tenant's space. Unless Landlord shall reasonably object to the connection of any such fixtures, appliances or equipment, all additional risers or other equipment required therefore shall be provided by Landlord and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.cost thereto shall be paid by Tenant upon Landlord's demand. 34 EXHIBIT "E" RULES AND REGULATIONS
Appears in 2 contracts
Samples: Lease Agreement (Aspect Medical Systems Inc), Lease Agreement (Aspect Medical Systems Inc)
Electricity. 14.01 Landlord shall provide adequate electrical wiring and facilities for connection to Tenant’s lighting and Tenant’s incidental use equipment, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) xxxxx per rentable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall obtain not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the Demised supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, which electrical usage shall be subject to Applicable Laws, including Title 24. Tenant shall bear the cost of replacement of lamps, starters and ballasts for non-Building standard lighting fixtures within the Premises (Landlord, as part of Operating Expenses, will replace Building-standard lamps, starters and ballasts). Tenant shall reasonably cooperate with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. Tenant shall have no obligation to pay for any costs of electricity (including as part of Operating Expenses) shown on a direct meter basis, the Submetering Equipment described in item (i) above. Tenant shall be responsible to pay directly, and not as a part of Operating Expenses, for and pay the cost of all electricity shown on the Submetering Equipment described in item (ii) above. The cost of all electricity shown on the Submetering Equipment described in item (iii) above (except to the applicable utility all charges for electricity as measured by such meterextent included in the Extra HVAC Costs and Bridge Structures Electricity) shall be included in Operating Expenses. Tenant may audit Landlord’s readings of the Submetering Equipment and Landlord shall not in any way be liable or responsible deliver reasonably detailed invoices to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in reflecting Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity reading of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted Submetering Equipment and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesresulting electricity costs.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)
Electricity. 14.01 (a) To furnish to the Premises, at the expense of Tenant as hereinbelow provided, electricity at an average of at least four (4) xxxxx per rentable square foot of the Premises for normal office use including overhead lighting and normal office equipment. If Tenant shall obtain require electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character excess of electric service is changed or is no longer available or suitable reasonable quantities for Tenant’s Permitted Uses and if (i) in Landlord’s reasonable judgment, Landlord’s facilities are inadequate for such excess requirements. Any , or (ii) such excess use shall result in an additional riser burden on the Building utilities systems and additional cost to Landlord on account thereof, as the case may be, (a) Tenant shall, upon demand, reimburse Landlord for such additional cost, as aforesaid, or risers to supply Tenant’s electrical requirements(b) Landlord, upon written request to Tenantrequest, will be installed by Landlord, and at the sole cost and expense of Tenant, unlesswill furnish and install such additional wire, in conduits, feeders, switchboards and appurtenances as reasonably may be required to supply such additional requirements of Tenant (if electricity therefor is then available to Landlord’s reasonable judgment), provided that the same will shall be permitted by applicable laws and insurance regulations and shall not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with entail excessive or disturb unreasonable alterations or repairs. Landlord reserves the right, at any time during the term, to separately meter electrical usage in the Premises and/or to measure electrical usage by survey or other tenants or occupantscommonly accepted method.
(b) From time to time during the Term of this Lease, Landlord shall have the right to have an electrical consultant selected by Landlord make a survey of Tenant’s electric usage, the result of which survey shall be conclusive and binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (a), in addition to any other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the installation cost of such riser survey and the cost, as determined by such consultant, of electricity usage in excess of such requirements for the period of such excess usage, as additional charges.
(c) Tenant acknowledges that Basic Rent does not include the cost of Tenant’s electricity, which cost shall be determined as provided in this paragraph.
(i) If the electricity usage in the Premises is not separately metered or riserssub-metered, Tenant shall pay for the electricity Tenant consumes in the Premises during the Term (exclusive of HVAC) by paying Landlord, as Additional Rent, at the same time and in the same manner as Tenant pays its monthly installment of Basic Rent hereunder, estimated amounts (the “Electricity Rent”) on account of electricity consumed in the Premises. As of the date hereof, the Electricity Rent payable by Tenant is an amount per annum equal to $2.00 times the Rentable Floor Area of the Premises. The Electricity Rent shall be reasonably adjusted by Landlord from time to time based on current rates for such service and Landlord’s good faith estimate of the usage of electricity by occupants of the Building If Landlord determines that the actual cost of providing electricity to the Premises exceeds the Electricity Rent, Landlord may (i) increase the Electricity Rent accordingly, or (ii) elect to separately meter or submeter electric service to the Premises, at Tenant’s expense.
(ii) If the electric usage in the Premises is measured by a direct meter, such meter will also include all convenience electricity as well as any air handling units or other HVAC equipment located within the Premises, and Tenant shall pay directly to the provider thereof, on or before the date when due and in addition to payments of Basic Rent and other additional rent provided for herein, the costs of all electricity used in the Premises.
(iii) If Landlord measures electricity or any other utility usage in the Premises by a submeter, such submeter will include all convenience electricity as well as any air handling units or other HVAC equipment located within the Premises, and Tenant shall pay the costs as shown on such submeter to Landlord (and at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject rate or rates payable by Landlord to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use applicable utility), as additional rent, within thirty (30) days after receipt of electric current shall never exceed the capacity of the feeders an invoice therefor.
(iv) If electricity or other services to the Building or Premises are separately metered, and Tenant pays directly to the risers or wiring installation which providing utility company(ies), Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by shall have the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the right to require Tenant to provide Landlord with copies of bills from electricity, natural gas or similar energy providers (collectively, “Energy Providers”) that Tenant receives from Energy Providers relating to Tenant’s energy use at the Landlord Premises (“Energy Bills”) within ten (10) days Business Days after Landlord’s written request. In addition, Tenant hereby authorizes Landlord to obtain copies of the rendering of any xxxx or statement Energy Bills directly from the Energy Provider(s), and Tenant hereby authorizes each Energy Provider to provide Energy Bills and related usage information directly to Landlord without Xxxxxx’s consent. From time to time within ten (10) Business Days after Landlord’s request, Xxxxxx shall execute and deliver to Landlord an agreement provided by Landlord authorizing the Energy Provider(s) to provide to Landlord Energy Bills and other information relating to Xxxxxx’s energy usage at the Premises. Landlord acknowledges that the information provided by the Energy Providers shall be used by Landlord in connection with Xxxxxxxx’s on-going energy and environmental conservation initiatives. Tenant acknowledges that, in addition to the Tenant therefor. Electricity Rent, the Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventypay its pro-five (75%) percent rata share of the Demised Premises, Fixed Rent shall xxxxx until such service resumes cost of furnishing electricity for the Building’s common areas (including without limitation the cost of furnishing electricity for the cooling tower and Tenant is able to resume the use tempering and circulating condenser water) and elevators as part of at least seventy-five (75%) percent of the Demised PremisesOperating Expenses. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordIn any event, Tenant shall have also pay separately for all telephone and any other utilities and services supplied and/or metered exclusively to the right Premises or to terminate this Lease by giving written notice Tenant, together with any taxes thereon.
(d) Tenant shall not at any time contract to Landlord no later purchase electricity from any provider other than the seventieth (70th) consecutive day and vacating no later than service provider from whom Landlord from time to time shall purchase electricity for the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as common areas of the Building, or give any such provider permission to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, install lines or other than lamps, computers and other small office machines which consume comparable amounts of electricityequipment, without in each case obtaining the Landlord’s prior written consent, not . Landlord shall have no liability for the service to be unreasonably withheldprovided by any provider, conditioned including without limitation any loss or delayed, in each instance. In no event shall interruption of service or any damages to Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingits business arising therefrom.
Appears in 2 contracts
Samples: Sublease (Upstream Bio, Inc.), Sublease (Upstream Bio, Inc.)
Electricity. 14.01 (a) Electricity shall be distributed to the Premises by the electric utility company serving the Building and Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by contract directly with such metercompany. Landlord shall not in any way permit Landlord’s wire and conduits, to the extent available, suitable and safely capable, to be liable or responsible used for such distribution. Subject to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character provisions of electric service is changed or is no longer Section 10.6(b) below, the electrical capacity available or suitable for Tenant’s requirementsto the Premises shall be the capacity on the date hereof. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the Landlord’s sole cost and expense expense, shall make all necessary arrangements with the electric utility company for separately metering the Premises and Tenant shall pay, on a timely basis, for electric current furnished to the Premises. All electricity used during the performance of janitor service, or the making of any alterations or repairs in the Premises, or the operation of any special air conditioning systems serving the Premises, shall be paid for by Tenant, unless.
(b) Tenant shall at all times comply with the rules and regulations of the utility company supplying electricity to the Building. Tenant shall not use any electrical equipment which, in Landlord’s reasonable judgment, would exceed the same capacity of the electrical equipment servicing the Premises or interfere with the electrical service to other Building tenants. If Landlord determines that Tenant’s electrical requirements necessitate installation of any additional risers, feeders or other electrical distribution equipment (collectively, “Electrical Equipment”), or if Tenant provides Landlord with evidence reasonably satisfactory to Landlord of Tenant’s need for excess electricity and requests that additional Electrical Equipment be installed, Landlord shall, at Tenant’s sole cost and expense, install such separately metered additional Electrical Equipment, provided that Landlord, in its sole judgment, considering the potential needs of present and future Building tenants and of the Building itself, determines that such installation is practicable and necessary, such additional Electrical Equipment is permissible under applicable Legal Requirements, and the installation of such Electrical Equipment will not cause permanent damage or injury to the Building or the Demised Premises or Premises, cause or create a dangerous or hazardous condition condition, entail excessive or unreasonable alterations, interfere with or disturb or limit electrical usage by other tenants or occupantsoccupants of the Building or exceed the limits of the switchgear or other facilities serving the Building, or require power in excess of that available from the public utility serving the Building. In addition to the installation of such riser or risers, Any costs incurred by Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten thirty (1030) days after the rendering delivery of any a xxxx or statement to the Tenant thereforTenant. Tenant shall pay the cost of such additional electrical service (whether the same is distributed by Landlord or the electrical utility company servicing the Building). Tenant shall not make no alterations or perform, or permit the making or performance of, any Alterations to wiring installations or other electrical facilities in or serving the Premises or make any additions to the electric office equipment and/or or other appliances in the Premises which utilize electrical energy (other than ordinary small office equipment) without the prior written consent of Landlord Landlord, in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate in compliance with this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesLease.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)
Electricity. 14.01 Tenant (a) Subject to all the terms and conditions of this Agreement, including without limitation the provisions of Section 6 with respect to portions of Port Authority Facilities leased to or otherwise made available to lessees or permittees, the Port Authority will furnish electricity to the Permittee for System Operation, the quantity of such electricity supplied to the Permittee to be in accordance with the design criteria and capacity of each of the Port Authority Facilities and to be paid for by the Permittee as follows:
(i) With respect to Port Authority Facilities or portions thereof that are located in the State of New York, the Port Authority shall obtain electricity periodically throughout the Term, at such times as the Port Authority may elect, arrange for a survey of the Permittee’s equipment by the Port Authority’s Engineering Department or by an independent utility consultant to be selected by the Port Authority for the Demised Premises on a direct meter basis, Tenant purpose of establishing the Permittee’s annual consumption of and demand for electricity (such consumption of and demand for electricity being hereinafter referred to as “Consumption and Demand”). Such Consumption and Demand shall be responsible based on the Permittee’s electrical equipment and the frequency and duration of the use thereof by the Permittee. The Permittee’s annual Consumption and Demand shall be divided by the number of “Billing Periods” per year established by the public utility company supplying electricity in the vicinity of the Port Authority Facility so as to determine the Permittee’s Consumption and Demand per Billing Period. The Port Authority shall compute the cost of such Consumption and Demand as determined by the survey based on the greater of: (1) the rates (including the fuel or other adjustment factor if any) which the Permittee at the time of such purchase and under the service classification then applicable to it would have to pay for the same quantity of electricity to be used for the same purposes under the same conditions if it received the electricity directly from the public utility supplying the same to commercial buildings in the vicinity, or (2) the Port Authority’s cost of obtaining and supplying the same quantity of electricity. The Permittee shall pay the cost of such Consumption and Demand for each such billing period to the applicable utility Port Authority at the time the next fee payment following the close of such Billing Period is due and the same shall be deemed fees collectible in the same manner and with like remedies as if it were a part of the Minimum Fee hereunder. The determination of Consumption and Demand by survey shall be effective until the next succeeding survey and shall be binding and conclusive on both the Permittee and the Port Authority as to all charges matters, including but not limited to the frequency and duration of use of the Permittee’s electrical equipment at the Port Authority Facility by the Permittee. The cost of each such survey shall be borne by the Port Authority, provided that if the Permittee makes any alterations or improvements at the Port Authority Facility in accordance with the provisions of this Agreement or otherwise which may result in greater Consumption or Demand, the Port Authority may direct a new survey to establish the Permittee’s Consumption and Demand for electricity as measured at the Port Authority Facility in question and the cost thereof shall be borne by such meterthe Permittee. Landlord Any method of measurement used herein shall not in preclude the Port Authority from reverting to the use of any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character prior method. In lieu of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed a determination of Consumption and Demand by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgmentsurvey, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.may
Appears in 2 contracts
Samples: Telecommunications Network Access Agreement (Boingo Wireless Inc), Telecommunications Network Access Agreement (Boingo Wireless Inc)
Electricity. 14.01 (a) Electricity shall be distributed to the Premises by the electric utility company serving the Building and Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by contract directly with such metercompany. Landlord shall not in any way permit Landlord’s wire and conduits, to the extent available, suitable and safely capable, to be liable or responsible used for such distribution. Subject to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character provisions of electric service is changed or is no longer Section 10.6(b) below, the electrical capacity available or suitable for Tenant’s requirementsto the Premises shall be the capacity on the date hereof. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the Landlord’s sole cost and expense expense, shall make all necessary arrangements with the electric utility company for separately metering the Premises and Tenant shall pay, on a timely basis, for electric current furnished to the Premises. All electricity used during the performance of janitor service, or the making of any alterations or repairs in the Premises, or the operation of any special air conditioning systems serving the Premises, shall be paid for by Tenant, unless.
(b) Tenant shall at all times comply with the rules and regulations of the utility company supplying electricity to the Building. Tenant shall not use any electrical equipment which, in Landlord’s reasonable judgment, would exceed the same capacity of the electrical equipment servicing the Premises or interfere with the electrical service to other Building tenants. If Landlord determines that Tenant’s electrical requirements necessitate installation of any additional risers, feeders or other electrical distribution equipment (collectively, “Electrical Equipment”), or if Tenant provides Landlord with evidence reasonably satisfactory to Landlord of Tenant’s need for excess electricity and requests that additional Electrical Equipment be installed. Landlord shall, at Tenant’s sole cost and expense, install such separately metered additional Electrical Equipment, provided that Landlord, in its sole judgment, considering the potential needs of present and future Building tenants and of the Building itself, determines that such installation is practicable and necessary, such additional Electrical Equipment is permissible under applicable Legal Requirements, and the installation of such Electrical Equipment will not cause permanent damage or injury to the Building or the Demised Premises or Premises, cause or create a dangerous or hazardous condition condition, entail excessive or unreasonable alterations, interfere with or disturb or limit electrical usage by other tenants or occupantsoccupants of the Building or exceed the limits of the switchgear or other facilities serving the Building, or require power in excess of that available from the public utility serving the Building. In addition to the installation of such riser or risers, Any costs incurred by Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten thirty (1030) days after the rendering delivery of any a xxxx or statement to the Tenant thereforTenant. Tenant shall pay the cost of such additional electrical service (whether the same is distributed by Landlord or the electrical utility company servicing the Building). Tenant shall not make no alterations or perform, or permit the making or performance of, any Alterations to wiring installations or other electrical facilities in or serving the Premises or make any additions to the electric office equipment and/or or other appliances in the Premises which utilize electrical energy (other than ordinary small office equipment) without the prior written consent of Landlord Landlord, in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate in compliance with this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesLease.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Lease Agreement (Groupon, Inc.), Lease Agreement (Groupon, Inc.)
Electricity. 14.01 Tenant A. A portion of the electricity consumed within the Sublease Premises is measured by an existing submeter (the “Submeter”). Sublandlord shall obtain electricity install and repair, and perform maintenance to the Submeter so as to keep same in good order and condition during the Term and Subtenant shall pay Subtenant’s Total Share of all expenses therefor; provided however, for the Demised Premises on a direct meter basisdamage, Tenant if any, caused by Subtenant, Subtenant shall be responsible for all costs incurred in connection with the repair and, if necessary, the replacement thereof, at Subtenant’s sole cost and pay expense. Where more than one meter measures the electricity supplied to Subtenant, the applicable utility all charges for electricity as measured by such meter. Landlord shall not rendered through each meter may be computed and billed separately in accordance with the provisions herein set forth.
B. If the Submeter should fail to properly register or operate at any way be liable or responsible to Tenant time for any loss reason whatsoever, Sublandlord may estimate the cost (or, at Sublandlord's option, the average cost) per kilowatt hour and the cost (or, at Sublandlord's option, the average cost) per kilowatt demand, by time of day, if applicable, to Sublandlord of purchasing electricity for the Sublease Premises, including fuel adjustment charges (as determined for each month of the relevant period and not averaged), rate adjustment charges, sales tax, and any other factors or damage charges, used by the utility company in computing the charges to Sublandlord for electric usage (the “Electricity Additional Rent”), and, when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Subtenant paying any deficiency to Sublandlord within ten (10) days after demand, or expense which Tenant by Sublandlord crediting Subtenant with the amount of any overpayment, as the case may sustain be. Sublandlord, at its option, may from time to time increase the Electricity Additional Rent based upon any increase in electricity cost. Subtenant acknowledges that in connection with the installation or incur if retrofit of meter(s), the electricity being supplied to serve the Sublease Premises may be temporarily interrupted.
C. If either the quantity or character of electric electrical service is changed by the public utility corporation supplying electrical service to the Building or is no longer available or suitable for TenantSubtenant’s requirements. Any additional riser , no such change, unavailability or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessunsuitability shall constitute an actual or constructive eviction, in Landlordwhole or in part, or entitle Subtenant to any abatement or diminution of rent, or relieve Subtenant from any of its obligations under this Sublease, or impose any liability upon Sublandlord or Sublandlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsagents. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant Subtenant covenants and agrees that at all times its no time shall Subtenant use of electric current shall never exceed electrical energy in the Sublease Premises which exceeds the capacity of the existing feeders to the Building or the risers or wiring installation installations then serving the Sublease Premises or which Landlord represents is sufficient for ordinary office useinterferes with the electrical service to other tenants of the Building. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and Subtenant shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the prior written consent of Landlord Sublandlord in each instance, which instance (such consent shall not be unreasonably withheld, conditioned provided that the consent of the Prime Landlord shall have first been obtained), make or delayed. Notwithstanding anything perform, or permit the making or performing of, any alteration to wiring installations or other electrical facilities in or serving the Sublease Premises or any additions to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment business machines, office equipment, or machines the use of which in conjunction with other fixtures, equipment and machines appliances in the Demised Sublease Premises would result in an overload of the which utilize electrical circuits servicing the Demised Premises or the Buildingenergy.
Appears in 2 contracts
Samples: Sublease Agreement (Enzon Pharmaceuticals Inc), Sublease Agreement (Enzon Pharmaceuticals Inc)
Electricity. 14.01 Except as hereinafter provided, electricity shall not be furnished by Landlord, but shall be furnished by Commonwealth Edison Company or another electric utility company serving the area selected by Landlord. Landlord shall permit Tenant to receive such service direct from such utility company at Tenant’s cost, and shall permit Landlord’s wire and conduits, to the extent available, suitable and safely capable, to be used for such purposes. Tenant shall obtain electricity make all necessary arrangements with the utility company for the Demised Premises on a direct meter basismetering and paying for electric current furnished by it to Tenant, and Tenant shall be responsible pay for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either electric current consumed on the quantity or character of electric service is changed or is no longer available or suitable for Premises during Tenant’s requirementsoccupancy thereof. Any additional riser Tenant shall make no alterations or risers additions to supply Tenant’s electrical requirements, upon the electric equipment or systems in the Premises or the Building without the prior written request to Tenant, will consent of Landlord in each instance which consent may be installed by Landlord, at the sole cost and expense of Tenant, unless, withheld or conditioned in Landlord’s reasonable judgmentsole and absolute discretion. Tenant also agrees to purchase from Landlord or its agents, as Landlord shall direct, all lamps, bulbs, ballasts and starters used in the same will cause permanent damage or injury to Premises during the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionsTerm. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayedinstalled thereon. Notwithstanding anything to the contrary hereinforegoing, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have reserves the right to terminate this Lease by giving written notice provide electricity to Landlord no later than the seventieth (70th) consecutive day Premises in whole or in part, and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 in such event Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution systempurchase such electricity from Landlord, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without at Landlord’s prior written consentthen current charges. If the Premises are not separately metered for any reason, not to be unreasonably withheldor are separately metered only in part, conditioned or delayedthen Tenant shall pay Landlord, as additional Rent, in each instance. In no event shall Tenant use or install any fixturesmonthly installments at the time prescribed for monthly installments of Monthly Base Rent, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingamounts determined by Landlord based upon Landlord’s then established rates therefor.
Appears in 2 contracts
Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)
Electricity. 14.01 (a) Tenant shall obtain electricity agrees to pay to Landlord, as Additional Rent, the cost of all tenant electric energy it consumes, it being understood that for this purpose the Demised Premises on a direct meter basis, charge to Tenant shall be responsible for and pay to Tenant's proportionate share of the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character cost of electric service is changed energy for the entire building of which the Leased Premises are a part (which will vary with the percentage of occupancy of said entire building). In the event that Tenant installs any computer equipment or is no longer available or suitable for other high electrical usage equipment, Landlord reserves the right to place an electrical meter on said equipment as well as any other equipment used in conjunction therewith at Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the 's sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsexpense. In addition to the installation of The charges for electrical energy consumed by such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by Tenant in addition to all other sums due under this agreement, the Tenant cost thereof to be at the established rate charged by the utility company supplying electrical service to the Landlord Leased Premises. Said payments shall be made within ten (10) days after of the rendering presentment of the xxxx therefor which shall be monthly.
(b) Tenant's use of electric energy in the leased Premises shall not at any time exceed the capacity of any xxxx of the electrical conductors and equipment in or statement otherwise serving the Leased Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Tenant therefor. building electric service, Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the Landlord's prior written consent of Landlord in each instance, instance (which consent shall not be unreasonably withheld), conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical fixtures, appliances or equipment of any type to the Building building electric distribution system, beyond that system or make any alteration or addition to the electric system of the Leased Premises existing on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts the date of electricity, without Landlord’s prior written the commencement of this Lease. Should Landlord grant such consent, not to all additional risers or other equipment required therefor shall be unreasonably withheld, conditioned or delayed, in each instance. In no event provided by Landlord and the cost thereof shall be paid by Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingupon Landlord's demand.
Appears in 2 contracts
Samples: Lease Renewal Agreement (Boron Lepore & Associates Inc), Lease Renewal Agreement (Boron Lepore & Associates Inc)
Electricity. 14.01 (a) Landlord shall make available to Tenant electrical energy of six (6) xxxxx per useable square foot of the Premises, on a connected load basis, exclusive of the electricity consumed by Building Services (including, without limitation, Base Building HVAC) provided to the Premises. Tenant’s use of electrical service shall not exceed, either in voltage or capacity, the electrical capacity required to be made available by Landlord to the Premises.
(b) Tenant’s consumption of electricity in kWH shall be measured by the submeter installed and maintained by Landlord. Tenant shall obtain pay for electricity, as Additional Rent, an amount which shall be 105% of the figure obtained by multiplying the kWH measured on such submeter, taking into account consumption and demand, for the billing period in question by the Landlord’s Average Cost/kWH for the same billing period. The “Landlord’s Average Cost/kWH” shall be defined as the figure obtained by dividing the total cost for electricity for the Demised Premises Building by the total kWH consumed in the Building during the respective utility company’s or service provider’s billing period. If any tax is imposed on a direct meter basis, Tenant shall be responsible for and pay to paid by Landlord on account of Landlord’s receipt from the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable sale or responsible resale of electric energy to Tenant for by any loss federal, state or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementsmunicipal authority, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use where permitted by Law, Tenant’s pro rata share of electric current such taxes (without duplication) shall never exceed be passed on to, and included in the capacity xxxx of, and paid by, Tenant to Landlord; provided, however, Landlord shall either be a licensed reseller of the feeders electricity or shall be responsible for any incremental sales, utility or other taxes incurred or imposed with respect to the Building or purchase of electricity in the risers or wiring installation Premises which would not have been incurred had Landlord represents been a licensed reseller of electricity. Within 30 days after written request therefor, Landlord shall furnish to Tenant copies of any bills pursuant to which Landlord’s Average Cost/kWH is sufficient determined. Notwithstanding the foregoing, at any time that Tenant shall occupy the Premises for ordinary office use. It is further covenanted business purposes and agreed by the submeter fails to operate Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant agrees to pay to Landlord for electricity pursuant to this Section 7.03 at an amount per square foot equal to the Landlord within ten average per useable square foot charge for electricity under this Section 7.03 for the immediately preceding twelve 12 month period (10) days after the rendering or such shorter period if there are less than 12 months of any xxxx or statement to the actual meter readings), unless Tenant therefor. Tenant shall make no alterations or additions to the can demonstrate by survey from a electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice surveying company reasonably acceptable to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesthat another measure is appropriate.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 2 contracts
Samples: Office Lease Agreement (Pubmatic, Inc.), Office Lease Agreement (Pubmatic, Inc.)
Electricity. 14.01 Tenant shall obtain electricity for At the Demised Premises on a direct meter basis, Tenant Landlord’s expense (which costs shall be responsible for and pay included in the Operating Costs), the Landlord will make available in the Leased Premises electric power subject to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible Landlord’s capacity to Tenant for any loss or damage or expense which Tenant obtain it and may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlordalso provide, at the sole cost Tenant’s expense, other public utilities when necessary, such as water and expense gas. The electricity and other utilities are provided in quantities for which the Landlord, acting in a reasonable manner, establishes from time to time as a normal consumption for tenants of Tenant, unlessthe Building. The Tenant shall ensure not to cause, in Landlord’s reasonable judgmentany circumstances, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantssurcharge of these utilities. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. The Tenant shall make no alterations not bring on the Leased Premises any equipment, device or additions to the electric equipment and/or appliances machine which could consume a large quantity of electricity or which requires special ventilation, without the prior written consent of Landlord in each instancethe Landlord, which consent shall cannot be unreasonably withheld, conditioned or delayedrefused without reasonable motive. Notwithstanding anything The Tenant shall cover the expenses related to the contrary hereinacquisition and installation of any check meter. Tenant shall provide and install, should electric service be interrupted also at its own expense, all cables and ducts necessary for a period its special equipment. The Tenant undertakes to ensure that his consumption of more than five (5) consecutive business days through electricity never exceeds the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent capacity of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume systems supplying the use of at least seventy-five (75%) percent of the Demised Leased Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant The Landlord shall have the right right, at any time, to terminate this Lease check the energy needs of the Leased Premises and, if the needs exceed the capacity of the systems supplying the Leased Premises, the Landlord may, at his discretion, take steps to increase the capacity and costs incurred shall be borne by giving written notice the Tenant, or the Landlord may require the Tenant to Landlord no later than the seventieth (70th) consecutive day reduce his energy consumption to bring it in line with available capacity. The Tenant shall assume all costs related to acquiring and vacating no later than the ninetieth (90th) consecutive dayinstalling any meters. TIME BEING OF THE ESSENCE He shall also provide and install, at his expense, all cables and conduits required for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instancehis special equipment. In no event shall the cost for said electricity exceed what Tenant use would have to pay to Hydro-Québec or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingsucceeding company if electricity was directly metered.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement (Pc Mall Inc)
Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by A. Landlord, at Xxxxxxxx's expense, shall furnish electrical energy required for lighting, electrical facilities, equipment, machinery, fixtures, and appliances used in or for the sole cost and expense benefit of Tenant, unless's Space, in Landlord’s reasonable judgment, accordance with the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity provisions of the feeders to the Building or the risers or wiring installation Lease of which Landlord represents this Exhibit is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. part.
B. Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the prior written consent of notice to Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution systemsystem any fixtures, beyond that on Tenant’s approved plans for initial occupancy, appliances or equipment other than lamps, computers and other small normal office machines or any fixtures, appliances or equipment which consume comparable amounts Tenant on a regular basis operates beyond normal building operating hours. In the event of electricityany such connection. Tenant agrees to an increase in the ANNUAL ESTIMATED ELECTRICAL COST TO TENANT'S SPACE and a corresponding increase in Annual Rent by an amount which will reflect the cost to Landlord of the additional electrical service to be furnished by Landlord, such increase to be effective as of the date of any such installation. If Landlord and Tenant cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof. X. Xxxxxx's use of electrical energy in Tenant's Space shall not at any time exceed the capacity of any of the electrical conductors or equipment in or otherwise serving Tenant's Space. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service. Tenant shall not, without Landlord’s prior written consent, not notice to be unreasonably withheld, conditioned or delayed, Landlord in each instance. In no event shall Tenant use or install , connect to the Building electric distribution system any fixtures, appliances or equipment which operate on a voltage in excess of 120 volts nominal or machines make any alteration or addition to the use electric system of which in conjunction with other Tenant's Space. Unless Landlord shall reasonably object to the connection of any such fixtures, appliances or equipment, all additional risers or other equipment required therefor shall be provided by Landlord, and machines the cost thereof shall be paid by Tenant upon Xxxxxxxx's demand. In the event of any such connection. Tenant agrees to an increase in the Demised Premises would result ANNUAL ESTIMATED ELECTRICAL COST TO TENANT'S SPACE and a corresponding in Annual Rent by an overload amount which will reflect the cost to Landlord of the additional service to be furnished by Landlord, such increase to be effective as of the date of any such connection. If Landlord and Xxxxxx cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical circuits servicing engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the Demised Premises or cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof. D. If at any time after the date of this Lease, the rates at which Landlord purchases electrical energy from the public utility supplying electric service to the Building., or any charges incurred or taxes payable by Landlord in connection therewith, shall be increased or decreased, the Annual Rent and ANNUAL ESTIMATED ELECTRICAL COST TO TENANT'S SPACE shall be increased or decreased, as the case may be, by an amount equal to the estimated increase or decrease, as the case may be, in Landlord's cost of furnishing the electricity referred to in Paragraph A above as a result of such increase or decrease in rates, charges, or taxes. If Landlord and Xxxxxx cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Xxxxxxxx and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs as provided in Section 4.2 hereof. Any such increase or decrease shall be effective as of the date of the increase or decrease in such rate, charges, or taxes. X. Xxxxxxxx may, at any time, elect to discontinue the furnishing of electrical energy. In the event of any such election by Xxxxxxxx: (l) Landlord agrees to give reasonable advance notice of any such discontinuance to Tenant; (2) Landlord
Appears in 2 contracts
Samples: Lease Agreement (Docent Inc), Lease Agreement (Docent Inc)
Electricity. 14.01 Tenant Landlord shall obtain redistribute or furnish electricity to or for the Demised use of Tenant in the Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character operation of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementssystems and equipment in the Premises, upon written request at a level sufficient to accommodate a demand load of six xxxxx per usable square foot of office space in the Premises. An estimated charge for such electricity (the “Electrical Inclusion Factor”) is included in Fixed Rent on a so-called “rent inclusion” basis; however, the value to Tenant of such service may not be fully reflected in Fixed Rent. Accordingly, Tenant agrees that following the commencement of Tenant’s ordinary business activities in the Premises, Landlord may cause an independent electrical engineer or electrical consulting firm selected by Landlord (“Landlord’s Consultant”) to make a determination, certified in writing to Landlord and Tenant, of the full value of the electrical service supplied to Tenant, will be installed based upon a survey indicating the lighting load, office equipment and all other electrical usage by LandlordTenant. Thereafter, Landlord may, at the any time and from time to time, at its sole cost and expense of Tenantoption, unless, in cause Landlord’s reasonable judgment, the same will cause permanent damage or injury Consultant to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity make subsequent determinations of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent then full value of the Demised Premiseselectrical service supplied to Tenant on the basis set forth in the immediately preceding sentence. If Landlord’s Consultant determines that the full value of the electrical service supplied to Tenant exceeds the Electrical Inclusion Factor, as increased from time to time in accordance with this Section 10.1, then, upon notice to Tenant, Fixed Rent and the Electrical Inclusion Factor shall xxxxx until be increased to reflect the full value, on an annual basis, of such service resumes increased electrical usage by Tenant. Any increase in Fixed Rent and Tenant is able to resume the use of at least seventy-five (75%) percent Electrical Inclusion Factor shall be effective as of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) date of the Demised Premises increase in Tenant’s electrical usage, as determined by the survey, and Tenant’s liability therefor shall be retroactive to such date. The computation of the Electrical Inclusion Factor under this Article 10 is intended to constitute a formula for more an agreed rental adjustment and may or may not constitute an actual reimbursement to Landlord for the electrical service supplied to Tenant pursuant to this Lease. If any tax is imposed on Landlord’s receipts or income from the redistribution, furnishing, or sale of electricity to Tenant as provided for above (other than sixty (60) days and be due a general tax on corporate income not specific to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts provision of electricity), without Landlord’s prior written consent, not to be unreasonably withheld, conditioned whether based on the Electrical Inclusion Factor or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.increase
Appears in 1 contract
Samples: Lease Agreement
Electricity. 14.01 Tenant Electricity is currently furnished to the Subleased Premises by Landlord subject to and in accordance with Article 7 of the Lease, and such electricity is metered pursuant to one or more submeters located in, and exclusively measuring the consumption of electricity in, the Subleased Premises. Subtenant shall obtain pay for electricity in accordance with Article 7 of the Lease as incorporated hereby. Sublandlord will not remove any such submeters except to the extent required by Landlord or by Legal Requirements. To the extent that the Subleased Premises are not separately metered from the remainder of the Lease Premises, Subtenant shall pay to Sublandlord Subtenant's Proportionate Share of the charges for the Demised Premises on a direct meter basissuch service (without markup by Sublandlord). For these purposes, Tenant Subtenant's Proportionate Share shall be responsible based on the rentable square footage of the relative premises, unless a more accurate measurement of the differences in utility usage between the Subleased Premises and the remainder of the Lease Premises is available, provided that in the latter case the calculation is based on objective criteria and consistent for both the numerator and the denominator of the fraction comprising the Subtenant's Proportionate Share. Subtenant shall pay such utility charges to Sublandlord when and as the underlying obligations with respect thereto are payable by Sublandlord under the Lease (or, if paid in the first instance by Sublandlord and billed to Subtenant, then reimbursed to Sublandlord within thirty (30) days thereafter). Sublandlord shall not physically interfere with Landlord’s provision of electricity to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible Subleased Premises pursuant to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity Article 7 of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances Lease without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without LandlordSubtenant’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event Subtenant shall Tenant use or install any fixtures, equipment or machines not utilize more than 6 xxxxx of actual demand load per gross square foot of the use Subleased Premises (exclusive of which in conjunction with other fixtures, equipment and machines electric required to operate the Base Systems (as defined in the Demised Premises would result in an overload Lease)), and shall have no right to increase its usage beyond such amount under Section 7.01(A) of the electrical circuits servicing the Demised Premises Lease or the Buildingotherwise.
Appears in 1 contract
Samples: Sublease Agreement (Datadog, Inc.)
Electricity. 14.01 Section 13.1 Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity for to the Demised Premises. Tenant shall, within thirty (30) days after the execution hereof, advise Landlord of its electrical requirements in reasonable detail. The risers serving the Premises on a direct meter basisshall be capable of supplying and shall supply six (6) xxxxx at 4801277 volts of electricity per gross square foot of the Premises (as set forth in the New York City Building Code, exclusive of the base Building Systems in the Premises), and Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in use any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessequipment which, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition would exceed such capacity or interfere with or disturb the electrical service to other tenants or occupantsof the Building. In addition to the event that, in Landlord’s sole judgment, Tenant’s electrical requirements necessitate installation of such riser an additional riser, risers or risersother proper and necessary equipment, Landlord will also shall so notify Tenant of same. Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electricity capacity (specifying the amount requested) be made available to Tenant. Landlord, in Landlord’s sole judgment, shall determine whether to make available such additional electricity capacity to Tenant and the amount of such additional electricity capacity to be made available, if any. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any switchgear, the same shall be installed by Landlord. Any such installation shall be made at the Tenant’s sole cost and expense of Tenantexpense, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are be chargeable and collectible as additional rent and paid within ten (10) days after the rendition of a xxxx to Tenant therefore. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the gross negligence of Landlord, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Landlord.
(A) If the Premises (or any portion thereof) is comprised of one or more entire floors, then Tenant’s electrical consumption on each such entire floor shall be obtained from the public utility company furnishing electricity to the Building. Tenant shall make all arrangements for electric service with and shall pay all charges therefore (including, without limitation, electricity required to operate the floor air handling unit serving the Premises) directly to the public utility as and when same become due and payable.
(B) With respect to any portion of the Premises comprised of less than an entire floor, electricity shall be supplied by Landlord to the Premises and Tenant shall pay to Landlord, as additional rent for such service, the amounts (the “Electricity Additional Rent”) as determined by a meter or submeter for the purposes of measuring such consumption at charges, terms and rates set from time to time during the Term by the public utility corporation serving the Building under the service classification in effect pursuant to which Landlord purchases electricity for the Building (“Landlord’s Rate Schedule”), plus an amount equal to eight percent (8%) of the charge therefore as Landlord’s administrative charge for overhead, supervision and meter reading and maintenance.
(C) Where more than one meter measures the electricity supplied to the Premises, the electricity rendered through each meter shall be totalized and read as one meter and billed in accordance with the provisions hereinabove set forth. Bills for the Electricity Additional Rent and shall be paid by rendered to Tenant at such time as Landlord may elect, and Tenant shall pay the Tenant amount shown thereon to the Landlord within ten (10) days after receipt of such xxxx.
Section 13.3 If any portion of the rendering of any xxxx or statement Premises comprises less than an entire floor, then Tenant shall also pay, in addition to the Tenant therefor. Tenant amounts payable pursuant to Subsection 13.2(B), Tenant’s Floor Share of all charges for electricity required to operate the air handling unit, hot water heater and operate and light the common areas on the floor in question.
Section 13.4 If Landlord shall make no alterations be required or additions elect to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that from and after the electric equipment and/or appliances without the prior written consent effective date of such discontinuance, Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayedobligated to furnish electricity to Tenant and Tenant shall not be obligated to pay the Electricity Additional Rent. Notwithstanding anything Landlord shall not elect to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as discontinue furnishing electricity to prevent Tenant from using at least unless it concurrently elects to discontinue furnishing electricity to seventy-five percent (75%) percent or more of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able other tenants in the Building. If Landlord so discontinues furnishing electricity to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordTenant, Tenant shall have use diligent efforts to obtain electric energy directly from the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type public utility furnishing electric service to the Building electric distribution systemBuilding. The costs of such service shall be paid by Tenant directly to such public utility. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, beyond that on at no charge, to the extent the same are available, suitable and safe for such purposes as determined by Landlord. All meters and all additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electricity shall be installed by Landlord at Tenant’s approved plans for initial occupancyexpense. Landlord shall furnish Tenant with invoices in reasonable detail, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not evidencing the costs to be unreasonably withheldpaid by Tenant pursuant to the preceding sentence. Provided Tenant shall use and continue to use diligent efforts to obtain electric energy directly from the public utility, conditioned or delayedLandlord, in each instance. In no event to the extent permitted by applicable Requirements, shall not discontinue furnishing electricity to the Premises until such installations have been made and Tenant use or install any fixtures, equipment or machines shall be able to obtain electricity directly from the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingpublic utility.
Appears in 1 contract
Electricity. 14.01 A. As long as Tenant is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed beyond any applicable notice and cure periods set forth in this Lease, Owner, at Owner's expense, shall obtain electricity redistribute or furnish electrical energy to or for the use of Tenant in the Demised Premises for the operation of the lighting fixtures and the electrical receptacles installed in the Demised 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 Fixed Rent on a direct meter 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 Fixed Rent on a so-called "rent inclusion" basis, the value to Tenant of such service may not be fully reflected in the Fixed Rent. Accordingly, Tenant agrees that Owner may cause an independent electrical engineer or electrical consulting firm, selected by Owner and reasonably approved by Tenant, to make a determination, following the commencement of Tenant's normal business activities in the Demised Premises, of the full value to Tenant of such services supplied by Owner, to wit: the potential electrical energy supplied to Tenant annually based upon the estimated capacity of the electrical feeders, risers and wiring and other electrical facilities serving the Demised Premises. Such engineer or consulting firm shall certify such determination in writing to Owner and Tenant. If it shall be responsible for and pay to determined that the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible full value to Tenant of such service is in excess of FORTY THOUSAND FOUR HUNDRED SIXTY-FOUR and 00/100 ($40,464.00) DOLLARS per annum (such sum is referred to as the "Electrical Inclusion Factor"), the parties shall enter into a written supplementary agreement, in form satisfactory to Owner, modifying this Lease as of the Commencement Date by increasing the Fixed Rent and the Electrical Inclusion Factor for any loss the entire Demised 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 damage decrease in the Fixed Rent or expense which Tenant may sustain or incur if the Electrical Inclusion Factor by reason of such determination. If either the quantity or character of electric electrical service is changed by the corporation(s) and/or other entity(ies) selected by Owner to supply electrical service to the Building or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical '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 written request Owner, or its agents, by reason of inconvenience or annoyance to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense interruption of Tenant's business, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesotherwise.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Samples: Lease Agreement (Langer Inc)
Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to Landlord, as Additional Rent, any costs associated with providing any building services or utilities to or for Tenant at times other than the applicable Normal Business Hours (including, but not limited to, during the initial build-out of Premises, unless Tenant has commenced the payment of Rent under this Lease), as determined from time to time by Landlord, and the costs of any modification to any Office Center utility all charges for electricity as measured by such meteror service system necessary to accommodate Tenant. Notwithstanding the foregoing, Landlord shall not be required to make any modification to any utility or service system of the Office Center on behalf of Tenant. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service or any other utility service to the Premises is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser Tenant's use of electrical and heating, ventilating, and air conditioning services furnished by Landlord shall not exceed, either in voltage, rated capacity, use, or risers overall load, that which Landlord deems to supply Tenant’s be standard for the Office Center. If Tenant requests permission to consume electrical requirementsor heating, ventilating, and air conditioning services in excess of those deemed by Landlord to be standard for the Office Center, Landlord may refuse to consent to such usage or may consent upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to such conditions as Landlord elects (including the installation of utility service upgrades, submeters, air handlers, or cooling units), and all costs associated with such riser or risers, Landlord will also at additional usage and the sole cost installation and expense maintenance of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and facilities therefor shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instanceAdditional Rent. In no event shall Landlord be liable for damages resulting from any of the fixtures or equipment in the Office Center being out of repair, or for injury to persons, property, or business caused by any defects in the electric, elevator, HVAC, or water apparatus, or for any damages arising out of the failure to furnish HVAC, elevator, water, janitor, or other service, unless due to the gross negligence or intentional wrongful acts of Landlord, and any such interruption or failure shall in no manner constitute an actual or constructive eviction of Tenant use or install entitle Tenant to abatement of any fixturesRent due under this Lease. Tenant expressly acknowledges that if Landlord, equipment from time to time, elects to provide security services, Landlord shall not be deemed to have warranted the efficiency of such security personnel, services, procedures, or machines the use of which in conjunction with other fixtures, equipment and machines Landlord shall not be liable in any manner for the Demised Premises would result in an overload failure of any such security personnel, services, procedures, or equipment to prevent or control, or apprehend anyone suspected of, personal injury or property damage in, on, or around the electrical circuits servicing the Demised Premises or the BuildingOffice Center.
Appears in 1 contract
Electricity. 14.01 Landlord shall provide electricity to the Premises through the Base Building electrical system to be installed by Landlord as part of Landlord’s Work. Tenant’s electrical use in the Premises shall be separately metered for lights, plugs, and electricity to power Tenant’s HVAC equipment, which meter shall be installed by Tenant shall obtain electricity for as part of Tenant’s Work, at Landlord’s cost and expense, and from and after the Demised Premises on a direct meter basisCommencement Date, Tenant shall be responsible pay for and pay all electricity charges directly to the applicable utility supplier of the same. Tenant shall maintain in good order and repair (and replace, if necessary) all charges for electricity as measured by such metermeters serving the Premises. Landlord Tenant shall not install or use within the Premises any equipment, appliance or machine which shall require amounts of electrical energy exceeding the standard capacity provided for the Premises (based on the capacity set forth in any way be liable the Base Building Plans and Specifications) unless the installation and use of such additional equipment, appliance, or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed machine has been approved by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything If Tenant fails to pay any charges for electricity on a timely basis, and such failure remains uncured for thirty (30) days after notice thereof to Tenant, then Landlord may pay such charges directly to the contrary hereinutility company, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five shall reimburse Landlord as Additional Rent for all amounts reasonably expended by Landlord in connection therewith within thirty (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (6030) days and after receipt of an invoice therefor. Landlord shall not be due liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of electricity service furnished to the sole fault of LandlordPremises by any utility provider, Tenant shall have except to the right to terminate this Lease extent caused by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment negligence or willful misconduct of any type Landlord Party, but subject to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers provisions of Sections 13.5 and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building16.22.
Appears in 1 contract
Samples: Lease Agreement (CarGurus, Inc.)
Electricity. 14.01 Section 20.01. Subject to the provisions of this Article 20 and other provisions of this Lease, Landlord shall furnish the electricity that Tenant shall obtain electricity for reasonably require in the Demised Premises on a direct meter basisfor normal business office purposes, Tenant shall be responsible for and pay making available to the applicable utility all charges for Demised Premises a capacity (the "Existing Capacity") equal to twelve (12) xxxxx per rentable square foot in the Demised Premises, inclusive of electricity as measured used by such meterthe machinery and equipment of Tenant's air-conditioning unit(s) servicing the Demised Premises. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is shall be changed or is shall no longer be available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed 's requirements provided the same shall not have been caused solely by Landlord's willful misconduct. At Landlord's election, at Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the sole cost Demised Premises, and expense Tenant shall pay to Landlord or Landlord's designated contractor within twenty (20) days after demand therefor the then established charges of TenantLandlord or said contractor, unlessas the case may be, in Landlord’s reasonable judgment, the same will cause permanent damage or injury which demand shall be accompanied by evidence reasonably substantiating such charges.
A. Subject to the Building or provisions of Section 20.03 below, Tenant's consumption and demand of all electricity made available to the Demised Premises (including the machinery and equipment of Tenant's air-conditioning unit(s) servicing the Demised Premises) or cause to Tenant elsewhere in the Building (collectively, "Tenant Electricity") shall be measured by one or create more submeters (collectively, the "Submeter") to be furnished and installed by Landlord in a dangerous or hazardous condition or interfere with or disturb other tenants or occupantslocation designated by Landlord and approved by Tenant. In addition Landlord shall also, at Tenant's cost and expense, install connections from the risers and/or circuits servicing the Demised Premises to the installation of such riser or risersSubmeter, Landlord will also at the sole cost and expense of Tenant, install perform all other equipment proper and work necessary for the furnishing of Tenant Electricity by Landlord in connection therewith subject to the aforesaid terms and conditionsmanner provided for in this Section 20.02. Tenant covenants and agrees that at shall pay all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid such costs and expenses are chargeable and collectible to Landlord, as Additional Rent and shall be paid by the Tenant to the Landlord additional rent, within ten (10) days after the rendering of any xxxx being billed therefor.
B. Tenant agrees to purchase Tenant Electricity from Landlord or statement Landlord's designated agent at terms and rates equal to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance"Landlord's Electricity Cost" (as such term is defined below), which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than plus five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent thereof to reimburse Landlord for administrative services in connection with supplying, measuring and billing Tenant Electricity and for transmission and transformer losses. If more than one submeter shall measure Tenant Electricity, then the service rendered through each such submeter shall be aggregated and billed in accordance with the foregoing rate. Landlord may at any time render bills for Tenant Electricity in accordance with the foregoing provisions and Tenant shall pay all amounts shown on said bills to Landlord, as additional rent, within twenty (20) days following the date that such bills shall have been rendered, which bills shall be accompanied by evidence reasonably substantiating such amounts.
C. For purposes of this Article 20 and the other provisions of this Lease:
(i) The term "Landlord's Electricity Cost", shall mean the cost per kilowatt hour consumption and cost per kilowatt demand, by time of day, if applicable, or other applicable billing method, to Landlord of purchasing electricity for the Building, including fuel adjustment charges (as determined for each month of the Demised Premisesrelevant period), Fixed Rent shall xxxxx until such rate adjustment charges, sales tax, and/or any other factors used by the public utility furnishing electric service resumes to the Building (the "Public Utility") in computing its charges to Landlord, applied to the kilowatt hours of electricity and Tenant is able kilowatts of demand purchased by Landlord during a given period giving effect to resume any increases or decreases pursuant to Subsection 20.02E below and to any discounts actually received by Landlord during the use Term of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of this Lease attributable to the Demised Premises for more than sixty (60) days and be due to in connection with the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesElectricity Abatement Program or any other utility discount plans.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Samples: Lease (CTC Communications Corp)
Electricity. 14.01 Section 13.01. Landlord shall install in the Building and the Premises, in accordance with the provisions of the Work Letter and the Plans and Specifications (as defined in the Work Letter) approved by Landlord, such electrical risers, feeders and wiring as shall be necessary to permit Tenant shall obtain electricity to receive electrical energy for (a) Tenant's reasonable use of normal office equipment and such lighting, electrical appliances and other machines and equipment as landlord may reasonably permit to be installed in the Premises and (b) the operation of the heating, ventilating and air-conditioning system serving the Premises. Landlord has installed, at Landlord's expense, a meter for the Demised Premises purpose of measuring electrical consumption, on a direct meter basisthe sixteenth (16th) floor of the Building ("Tenant's Floor"). Landlord shall maintain, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by service, repair and, if necessary, replace such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed demand by Landlord, at shall pay to Landlord, as Additional Rent, an amount equal to 23.02% of the sole cost reasonable costs incurred by Landlord in connection with such maintenance, service, repair and expense replacement. Following the Commencement Date, Landlord shall cause an electrical engineer or a utility consultant selected by Landlord to make a survey of Tenant, unless, in Landlord’s reasonable judgment, 's connected power load and the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation connected power load of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity portion of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent rentable area of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume Tenant's Floor not included within the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant at Landlord's option, shall have the right right, at any time and from time to terminate this Lease time during the Term, to cause similar surveys to be made. The term "Tenant's Share" shall mean that percentage equal to Tenant's percentage of the aggregate of the connected power load for the entire rentable area of the Tenant's percentage of the aggregate of the connected power load for the entire rentable area of the Tenant's Floor as determined from time to time pursuant hereto. The findings of Landlord's engineer or consultant shall be binding on Landlord and Tenant, subject to adjustment as hereinafter provided. Promptly after receipt by giving written notice Landlord of a bill xxxm the public utility company furnishing electrical energy to the Tenant's Floor, Landlord shall furnish to Tenant a copy thereof together with a request for payment to Landlord no later than by Tenant of Tenant's Share of such bill. Xxnant shall promptly pay to Landlord, as Additional Rent, Tenant's share of such bill. Xx the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for event Tenant as to both dates.
14.02 Tenant agrees not to connect shall dispute any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload findings of the electrical circuits servicing the Demised Premises engineer or the Building.consultant designated by Landlord, Tenant
Appears in 1 contract
Samples: Lease Agreement (Russian Wireless Telephone Co Inc)
Electricity. 14.01 Tenant In addition to, and not in lieu of, the fixed rent payable above, Sublessee shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to Sublessor as additional rent each month, an amount equal to the applicable utility all charges product of (a) $3.00 ("Sublessor's Initial Estimate"), subject to adjustment for any increases in rates or taxes, and (b) the number of rentable square feet in the Subleased Premises, for electricity as measured by such metercharges. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementsHowever, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury notwithstanding anything contained herein to the Building contrary, Sublessor, or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risersconsultant selected by Sublessor, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice enter the Subleased Premises and Sublessee shall permit Sublessor or said consultant to Landlord no later than have access to Sublessee's electrical facilities at all reasonable times to determined if Sublessee's use of the seventieth (70th) consecutive day and vacating no later than utilities in the ninetieth (90th) consecutive daySubleased Premises differs from Sublessor's Initial Estimate. TIME BEING OF THE ESSENCE for Tenant If Sublessee's use of the utilities in the Subleased Premises does differ from Sublessor's Initial Estimate, Sublessor shall furnish to Sublessee a statement of Sublessor's determination as to both dates.
14.02 Tenant agrees the amount that Sublessee shall pay Sublessor on a monthly basis for electricity, and the same shall become binding upon the parties unless, within thirty (30) days, Sublessee notifies Sublessor that it disputes the amount of such payment, in which event the parties shall in good faith make reasonable attempts to come to an agreement, and, if Sublessor and Sublessee cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent consultant selected by Sublessor and approved by Sublessee, which approval shall not be unreasonably withheld or delayed. Sublessee shall permit said independent consultant to connect any additional electrical equipment of any type have access to the Building electric distribution systemSubleased Premises and Sublessee's electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Sublessee unless such consultant finds that Sublessor's determination was overstated by more than ten percent (10%), beyond in which case the fee shall be paid by Sublessor. When the amount of such payment is so determined, Sublessor and Sublessee shall execute a supplementary agreement to reflect such amount, which shall be made retroactively if necessary. Any adjustment shall be effective even if such supplementary agreement is not executed and delivered. Pending the determination of the amount of the payment, Sublessee shall pay to Sublessor the amount of such payment as specified in Sublessor's statement. Thereafter if it is determined that on Tenant’s approved plans for initial occupancySublessee has overpaid, other than lampsSublessee shall receive a credit against fixed rent in the amount of the overpayment, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not said credit to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines applied against the use next accruing installment(s) of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingfixed rent.
Appears in 1 contract
Samples: Sublease (Princeton Video Image Inc)
Electricity. 14.01 Tenant (A) Landlord shall obtain electricity furnish for Tenant's use in the Demised Premises on demised premises, at a direct meter basislocation designated by Landlord, up to fifteen (15) xxxxx of electric current (at 120/208 volts) per rentable square foot upon and subject to the terms and conditions set forth in this Article. In bringing such current from such designated location to the premises, Tenant shall use only such electrical contractors as are then on the approved list for the Building. Any additional current required by Tenant shall be responsible provided by Landlord, if available, at a cost of $250.00 per amp (for 120/208 volt service) if provided during the twelve (12) month period after the date hereof, and, if later provided, at Landlord's then standard charge. Electrical service shall be sized for Tenant's estimated ultimate demand as shown on its approved plans (although Landlord's approval of such aspect of Tenant's plans shall not constitute any agreement on Landlord's part to maintain the availability of such capacity for Tenant's future use) and shall, initially, be downsized via a fuse on the Building side of the service. Tenant shall be charged for additional current capacity as the fuse size is changed at Tenant's request to increase the electric capacity. If at any time during the Term, whether before or after Tenant's capacity is increased or decreased, Landlord reasonably determines that Tenant is not using any portion of the electric capacity then servicing the demised premises, then Landlord shall have the right, after not less than thirty (30) days notice to Tenant, to recapture any such capacity not then being used by Tenant without compensation to Tenant; provided, however, that if within the thirty (30) day period following delivery of such notice Tenant presents Landlord's electrical consultant ("Landlord's Electrical Consultant") with evidence reasonably acceptable to Landlord's Electrical Consultant that Tenant will actually be using on a sustained basis all or a part of the capacity intended to be recaptured by Landlord within thirty (30) days thereafter, which evidence shall be supported by a memorandum prepared and signed by Tenant's reputable independent electrical engineer or qualified consultant ("Tenant's Electrical Consultant"), then Landlord will not recapture that portion (or all) of the capacity intended to be recaptured by Landlord that Landlord reasonably determines that Tenant has so proven it will be using. If Landlord so recaptures any capacity and, at a later date, Tenant requires additional capacity, Landlord shall use all reasonable efforts to provide the same and Tenant will not be required to pay the per amp charge referred to above for such part of the additional capacity as had been recaptured. Tenant's consumption of electrical energy at the demised premises shall be measured by submeters to be installed and maintained by Landlord at Tenant's expense.
(B) From and after the Commencement Date, Tenant shall purchase all electric current consumed in or in connection with the demised premises from Landlord or Landlord's designated agent and shall pay therefor an amount equal to 110% of Landlord's Average Cost (as hereinafter defined) applied to the total kilowatt-hours (or other appropriate unit of measurement of electricity) consumed in the premises during the applicable billing period, based on readings from time to time of the submeter(s) measuring Tenant's consumption of electricity in the premises, which submeter(s) shall be installed and maintained as above provided. "Landlord's Average Cost" for all purposes of this lease shall be determined by dividing (y) the total dollar amount billed to the owner of the Building for the Building by the utility company providing electric current to the Building for the relevant billing period (the "Electric Company")(including, without limitation, all charges for electricity "demand," fuel, "on-peak" and "off-peak" usage, "time of day" usage, energy supply and energy delivery, taxes and all other relevant adjustments and charges) by (z) the total kilowatt hours (or other appropriate unit of measurement) consumed by the Building for such billing period.
(C) Where more than one submeter measures Tenant's consumption of electricity, the service rendered through each submeter may be computed and billed separately in accordance with the provisions hereof. Bills therefor shall be rendered at such times as measured Landlord may elect and shall be payable within thirty (30) days after a xxxx therefor is rendered to Tenant as additional rent. If such bills are not paid within sixty (60) days after a xxxx therefor is rendered to Tenant, Landlord may, upon ten (10) days additional notice to Tenant, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord's agent incurring any liability for any damage or loss sustained by Tenant by such meter. discontinuance of service.
(D) Landlord shall not in any way be liable or responsible to Tenant for any loss or loss, damage or expense which that Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s 's requirements, unless resulting from Landlord's failure to pay any amounts due to the Electric Company or otherwise to comply with the rules, regulations or tariffs applicable to such service. Tenant's use of electric current shall never exceed the capacity of existing feeders or risers to, or wiring installations in, the Building and the demised premises (which capacity shall be at least 15 xxxxx (at 120/208 volts) per rentable square foot, as increased by any requested and furnished increase in capacity and as reduced by any recapture of electric capacity permitted pursuant to Section (A)). Any additional riser or risers to supply Tenant’s 's electrical requirementsrequirements will, upon written request to of Tenant, will be installed by Landlord, Landlord at the sole cost and expense of Tenant, unlessTenant if, in Landlord’s 's reasonable judgment, the same are necessary and will not cause permanent adverse damage or injury to the Building or the Demised Premises operation thereof or the demised premises, cause or create a dangerous or hazardous condition condition, entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also also, at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith therewith, subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use All of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid such costs and expenses are chargeable and collectible as Additional Rent and expense shall be paid by the Tenant to the Landlord within ten fifteen (1015) days after the rendering rendition of any xxxx or statement to the Tenant therefor.
(E) Landlord may discontinue such service of electric current upon one hundred twenty (or such lesser period as may be required by Law or by the Electric Company) days notice to Tenant without being liable to Tenant therefor or without in any way affecting this lease or the liability of Tenant hereunder or causing a diminution of Fixed Rent. Such discontinuance shall not be deemed to be a lessening or diminution of service within the meaning of any law, rule or regulation now or hereafter enacted, promulgated or issued. In the event Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service direct from the Electric Company, in which event Tenant shall, at its own cost and expense, furnish and install all risers, service wiring, switches and other equipment necessary for such installation and required by the Electric Company and, at its own cost and expense, maintain and keep in good repair all such risers, wiring, switches and equipment. Provided that Tenant proceeds promptly and diligently after receipt of Landlord's notice to arrange to obtain electric current directly from the Electric Company, Landlord may not discontinue electric service until Tenant is able to obtain service directly from the Electric Company (unless Landlord is compelled to do so by Law or the Electric Company).
(F) Tenant shall make no alterations or additions to the electric equipment and/or appliances presently installed in the demised premises without the prior written consent of Landlord in each instance, which consent shall will not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordHowever, Tenant shall have the right to terminate replace or install typical Meet-Me Room (as hereinafter defined) or other telecommunications equipment in the demised premises without obtaining Landlord's consent, if such equipment does not cause Tenant's usage of electric current in the demised premises to exceed the capacity for which Tenant's service is then fused. Rigid conduit only will be allowed.
(G) If any tax is imposed upon Landlord's receipt from the sale or resale of electric energy to Tenant by any federal, state or municipal authority, where permitted by law, Tenant's pro-rata share of such taxes shall be paid by Tenant to Landlord.
(H) Anything in Section (B) to the contrary notwithstanding, if the Commencement Date shall occur prior to the installation and proper calibration of the submeters, then (i) Tenant shall pay Landlord for Tenant's consumption of electricity in the demised premises at the rate of $1,975.00 per month during the period commencing on the Commencement Date and ending on the day prior to the day on which Tenant commences business operations in all or any part of the premises; and (ii) from and after the date on which Tenant commences business operations in all or a portion of the demised premises and until the installation and proper calibration of the submeters, Tenant shall pay Landlord $7,900.00 per month on account, such payments to be retroactively adjusted based on the average kilowatt hours (or other appropriate unit of measurement) consumed by Tenant over the first three (3) months after installation and proper calibration of the submeters. In addition, if during any time during the Term, it shall be determined that the submeters servicing the demised premises were malfunctioning, or if Tenant's capacity is increased prior to the installation and proper calibration of any required additional meters, Tenant shall pay Landlord an amount reasonably estimated by Landlord's Electrical Consultant to be the amount that would have been payable by Tenant had such malfunction not occurred or had the additional capacity been properly metered, as the case may be.
(I) Landlord will advise Tenant (which need not be in writing and may be given to a responsible person located at the premises) at least one (1) week (or such shorter period as may be practicable under the circumstances) in advance of any scheduled non-emergency shut-down of electric power to the demised premises initiated by Landlord. Landlord will use reasonable efforts to notify Tenant reasonably in advance of any other shut-down of power and to cooperate with Tenant to arrange for alternative sources of power during the shut-down period.
(J) Anything in this Lease Article to the contrary notwithstanding, if Tenant disputes any determination made by giving written notice to Landlord no later than the seventieth or Landlord's Electrical Consultant under Section (70thA) consecutive day and vacating no later than the ninetieth or Section (90thH) consecutive day. TIME BEING OF THE ESSENCE for Tenant of this Article (including, without limitation, a determination as to whether Landlord is permitted under the standards set forth in Section (A) to recapture any of Tenant's electrical capacity), Tenant may challenge such determination (but not any prior determination of Landlord or Landlord's Electrical Consultant), within fifteen (15) days after receipt thereof (time being of the essence), by submitting a different determination or calculation made by Tenant's Electrical Consultant, who shall be paid by Tenant. If Landlord's Electrical Consultant and Tenant's Electrical Consultant agree on a determination, such agreement shall be conclusive upon the parties. If Landlord's Electrical Consultant and Tenant's Electrical Consultant cannot agree, they shall select a third reputable independent electrical engineer or qualified consultant, to be paid equally by both dates.
14.02 Tenant agrees parties, to make a binding determination with respect to such dispute. If Landlord's Electrical Consultant and Tenant's Electrical Consultant cannot to connect any additional select a third electrical equipment engineer or consultant, the same shall be selected by the Presiding Judge of the Appellate Division of the Supreme Court of the State of New York, First Department. No delay in the resolution of any type to such dispute shall affect the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts effective date of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingsuch determination.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, 10.1 The Tenant shall be responsible liable for and pay the payment to the applicable utility all charges for electricity as measured by such meter. Landlord shall not of a monthly amount in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either respect of the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use consumption of electric current shall never exceed including electric power, which amount will be equal to the capacity aggregate of the feeders following two amounts which will be calculated at the standard commercial rate per electricity unit from time to time and will include any increase from time to time:
10.1.1 The amount of electricity used in the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed premises as indicated by the Tenant reading of the sub-meter, which the Landlord will be entitled to install to measure the units of electric current including electric power consumed on or in respect of the premises. The reading of that all meter will be accepted as correct by the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid parties unless proved by the Tenant to be wrong.
10.2 The Tenant shall pay each and every monthly amount due by the Landlord Tenant in terms of paragraph 10.1 or 10.2, as the case may be, within ten seven (107) days after of the rendering date on which a monthly electricity account, which may form part of any xxxx or statement the rental statement, is rendered to the Tenant thereforby the Landlord specifying the amount due by the Tenant for electricity. Should the Tenant fail to pay the electricity account by due date, then without prejudice to any other rights it may have, the Landlord shall make no alterations or additions be entitled to terminate the supply of electricity current to the electric equipment and/or appliances without premises and the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheldliable for any consequent damages or losses howsoever arising or of any nature whatsoever sustained by the Tenant, conditioned as a result thereof notwithstanding that the Landlord or delayed. Notwithstanding anything its agents or employees may have acted negligently.
10.3 The Tenant shall not alter, interfere with or overload the electrical, lighting or heating installations in the premises;
10.4 The Tenant shall notify the Landlord should the electrical current to the contrary herein, should electric service premises cease or become defective or be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so interrupted.
10.5 If any dispute arises as to prevent Tenant from using at least seventy-five (75%) percent the amount of the Demised PremisesTenant's liability for any electricity charges, Fixed Rent the onus of proof shall xxxxx until such service resumes and Tenant is able to resume be on the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesTenant.
14.02 Tenant agrees not 10.6 The readings on the meter referred to connect any additional electrical equipment in this clause 10 shall be carried out by an independent recognised meter reading agency appointed by the Landlord from time to time during the currency of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingthis Lease.
Appears in 1 contract
Samples: Lease Agreement (Colorsmart Com Inc)
Electricity. 14.01 15.01. Landlord shall furnish the electric energy that Tenant shall obtain electricity require in the Demised Premises. Tenant shall pay to Landlord, as additional rent, the costs and charges for all electric energy furnished to Tenant at the Demised Premises. Additional rent for such electric energy shall be calculated and payable in the manner hereinafter set forth.
15.02. Within a reasonable time after the commencement of the term of this Lease, subsequent to Tenant's having taken occupancy of the Demised Premises and having installed and commenced the use of Tenant's electrical equipment, Landlord, at Tenant's sole expense, shall cause a survey to be made by a reputable independent electrical engineer or similar agency of the estimated use of electric energy (other than for Building standard heat and air conditioning as described in Exhibit C) to the Demised Premises, and shall compute the cost thereof for the quantity so determined at prevailing retail rates. Tenant shall pay Landlord the cost of such electric energy, as so calculated, on a direct meter monthly basis, as additional rent, together with its payment of fixed rent. Until such time as Landlord shall complete the aforedescribed survey, Tenant shall be responsible pay to Landlord, each and every month, as additional rent, for and pay on account of Tenant's electrical consumption, the sum of $541.67 to be applied against Tenant's obligations hereunder. Upon completion of the applicable utility all charges survey, there shall be an adjustment for electricity the period from the Commencement Date through the date that the results of the survey shall be effectuated as measured shall be required. Landlord shall have the right, at any time, during the term of this Lease, to cause the Demised Premises to be resurveyed. In the event that such resurvey shall indicate increased electrical consumption by Tenant at the Demised Premises, there shall be an adjustment in the Landlord shall submit to Tenant the results of any electrical survey and the same shall be deemed binding upon Tenant unless Tenant shall object to same within ninety (90) days of the date that Landlord shall furnish Tenant with the results of the survey. In the event that Landlord and Tenant cannot agree upon the results of a survey the same shall be submitted to arbitration in accordance with Article 33, provided, however, until such metertime as the arbitration shall have been concluded, the results of Landlord's survey shall be utilized for the purposes of determining Tenant's electrical consumption with an appropriate adjustment to be made based upon the results of the arbitration.
15.03. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers energy furnished to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises by reason of any requirement, act, or cause omission of the public utility serving the Building with electricity or create a dangerous or hazardous condition or interfere with or disturb for any other tenants or occupantsreason. In addition to the installation of such riser or risers, Landlord will also at the sole cost shall furnish and expense of Tenant, install all other equipment proper replacement lighting tubes, lamps, bulbs, and necessary ballasts required in connection therewith subject to the aforesaid terms and conditionsDemised Premises at Tenant's expense.
15.04. Tenant covenants and agrees that at all times its Tenant's use of electric current energy in the Demised Premises shall never not at any time exceed the capacity of any of the feeders electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. electric service, Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the Landlord's prior written consent of Landlord in each instance, instance (which consent shall not be unreasonably withheld), conditioned connect any additional fixtures, appliances, or delayed. Notwithstanding anything equipment to the contrary herein, should Building electrical distribution system or make any alteration or addition to the electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers, HVAC equipment or other electrical equipment required therefor shall be provided by Landlord and the cost of installation and maintenance thereof shall be paid by Tenant upon Landlord's demand. As a condition to granting such consent, Landlord, at Tenant's sole expense, may cause a new survey to be made of the use of electric energy (other than for more than sixty (60Building standard heating and air-conditioning as described in Exhibit C) days in order to calculate the potential additional electric energy to be made available to Tenant based upon the estimated additional capacity of such additional risers or other equipment. When the amount of such increase is so determined, and the estimated cost thereof is calculated, the amount of monthly additional rent payable pursuant to Section 15.02 hereof shall be due adjusted to reflect the additional cost, and shall be payable as therein provided.
15.05. If the public utility rate schedule for the supply of electric current to the sole fault Building shall be increased during the term of this Lease, the additional rent payable pursuant to Section 15.02 hereof shall be equitably adjusted to reflect the resulting increase in Landlord's cost of furnishing electric service to the Demised Premises effective as of the date of any increase. Landlord and Tenant agree that the rate charged to Tenant for electricity shall not be greater than the rate Tenant would have paid had the Demised Premises been separately metered.
15.06. Tenant agrees within three (3) months from the Commencement Date to submit to Landlord a list of fixtures and equipment utilizing electric current including, but not limited to, copying machines, computers and word processing equipment and equipment of a similar nature. On the first day of each calendar quarter thereafter, Tenant shall have the right to terminate this Lease by giving written notice submit to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect a statement indicating any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines substantial changes in the Demised Premises would result in an overload of list previously supplied as same may be updated by the electrical circuits servicing the Demised Premises or the Buildingrequired quarterly statements.
Appears in 1 contract
Electricity. 14.01 7.1. Tenant shall obtain electricity contract directly with the Consolidated Edison Company or any other utility company (an “Other Utility Provider”) which may furnish electric service to the demised premises for the Demised Premises supply, at Tenant’s sole cost and expense, of all electric current to be used in the demised premises. In connection with the foregoing, an Other Utility Provider which Tenant shall contract with shall be permitted, subject to and in accordance with the applicable provisions of this Lease, including Article 8 hereof, to furnish electric service to the demised premises provided and on condition that (a) Tenant shall pay any and all costs and expenses with respect to the furnishing of such electric service, and (b) Landlord and all other tenants and occupants of the Building shall not be required to contract with such Other Utility Provider. Tenant may utilize the then existing electric meter(s), electric feeders, risers and wiring serving the demised premises to the extent available and safely capable of being used for such purpose and only to the extent of Tenant’s then demand load. In the event Tenant shall elect to arrange for the replacement of the then existing electric meter(s), Tenant shall, at its sole cost and expense, arrange for the installation of such replacement electric meter(s) which shall service the demised premises and measure Tenant’s consumption of electric current in the demised premises. As long as Tenant is obtaining electric service pursuant to this Section 7.1, Tenant shall, at its sole cost and expense, arrange for the repair and maintenance of the electric meter(s) which shall service the demised premises and Tenant agrees that Landlord shall have no obligation in connection therewith. Tenant covenants and agrees that in no event shall its use of electric current in the demised premises exceed six (6) xxxxx (volts/amperes) demand load per useable square foot (exclusive of the electric current consumed by the base building heating, ventilation and air conditioning system), together with any increased demand load as may be made available pursuant to a direct meter basiswritten agreement between Landlord and Tenant in accordance with the provisions hereof after the installation by Landlord, at Tenant’s sole cost and expense, of such additional risers, feeders and other equipment that may be required in connection with such additional demand load, and any breach by Tenant of this covenant shall be deemed a material breach of this Lease. Landlord shall not unreasonably withhold its consent to Tenant’s use of electric current in excess of six (6) xxxxx (volts/amperes) demand load per usable square foot and the installation of any additional risers, feeders or other proper or necessary equipment required in connection therewith if, in Landlord’s sole judgment: (i) allocated power is available in the Building for use by Tenant without resulting in allocation to Tenant of a disproportionate amount of allocated power and (ii) the installation of such additional risers, feeders or other proper or necessary equipment will not cause permanent damage or injury to the Building or the demised premises, or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repair or expense or interfere with or disturb other tenants or occupants of the Building. To the extent permitted by any applicable law or regulation, Tenant shall be responsible for permitted, at its sole expense, to re-distribute electrical capacity among the floors of the demised premises as Tenant reasonably elects, and pay any installations or alterations resulting from such re-distribution shall be deemed to the applicable utility all charges for electricity as measured by such meterbe Specialty Alterations.
7.2. Landlord shall not in any way be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either (a) the supply of electric energy to the demised premises is temporarily interrupted or (b) the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers , except to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in extent resulting from Landlord’s reasonable judgment, the same will cause permanent damage willful misconduct or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsnegligence.
7.3. In addition to the installation of such riser or risersAt Landlord’s option, Landlord will also at the sole cost shall furnish and expense of Tenant, install all other equipment proper replacement lighting, tubes, lamps, bulbs and necessary ballasts required in connection therewith subject to the aforesaid terms demised premises; and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordevent, Tenant shall have the right to terminate this Lease by giving written notice pay to Landlord no later than or its designated contractor upon demand the seventieth (70th) consecutive day and vacating no later than then established reasonable charges therefor of Landlord or its designated contractor, as the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datescase may be.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Samples: Lease Agreement (Blackrock Inc /Ny)
Electricity. 14.01 16.1 Landlord will furnish to Tenant, through transmission facilities installed by it in the Building, alternating electric current to be used by Tenant shall obtain electricity for the lighting fixtures and electrical receptacles installed in the Demised Premises on a direct meter basisPremises, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. but Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either the quantity defect in supply or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers current furnished to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent except as set forth in Section 16.7 of this Lease. Landlord shall xxxxx until furnish and install (unless such service resumes installation is made by a duly qualified employee of Tenant) all lighting tubes, lamps and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of bulbs used in the Demised Premises for more than sixty (60) days and Tenant shall pay Landlord's reasonable charges therefor on demand as additional rent. All ballasts shall be due to the sole fault of installed by Landlord and Tenant shall pay Landlord's reasonable charges therefore on demand as additional rent provided, however, that Tenant shall have the right to terminate this Lease by giving written notice install such ballasts, at Tenant's sole cost and expense, provided that Tenant employs a licensed electrical contractor who complies with the provisions of Section 13.3, to Landlord no later than do so. Tenant shall use said electric current for lighting and, insofar as Landlord's facilities are not burdened thereby and applicable laws and insurance regulations permit, for operation, during normal business hours (i.e., the seventieth (70thRegular Hours of each Business Day, as both terms are defined in Article 17) consecutive day and vacating no later than of such equipment as is normally used in connection with the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesoperation of a usual business office.
14.02 Tenant agrees 16.2 Tenant's use of electric current in the Demised Premises shall not to connect at any additional electrical equipment time exceed the capacity of any type to of the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers electrical conductors and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned equipment in or delayed, otherwise serving the Demised Premises and in each instance. In no event shall exceed the Building Standard allotment of six (6) xxxxx per square foot. Tenant use shall be allowed to make or install perform or permit the making or performing of, any fixturesalterations to wiring installations or other electrical facilities in or serving the Demised Premises or any additions to the business machines, office equipment or other appliances in the Demised Premises which utilize electrical energy without the prior consent of Landlord so long as such usage does not exceed six (6) xxxxx per square foot. If the usage should exceed six (6) xxxxx per square foot, all additional risers, connections and/or other equipment required therefor shall be installed by Landlord and the cost thereof shall be paid by Tenant upon Landlord's demand. Landlord may also require that Tenant shall agree to an increase in the annual fixed rent payable hereunder by an amount which will reflect additional electric current made available to Tenant. If Landlord and Tenant cannot agree thereon, such amount shall be determined by a reputable independent electrical engineer to be selected by Landlord. If the Tenant disputes the results of such survey, the dispute may, at Tenant's option to be exercised strictly in accordance with section 16.3 (f), be submitted to dispute resolution as provided in said Section 16.3 (f). When the amount of such increase is so determined, the parties shall execute an agreement supplementary hereto to reflect such increase in the amount of the annual fixed rent payable hereunder effective from the date such additional service is made available to Tenant; but such increase shall be effective from such date even if such supplementary agreement is not executed.
(a) The annual fixed rent specified in this Lease includes $123,960,00 per annum (the "Electric Charge") representing the estimated charge for the furnishing of electrical service by Landlord to the Demised Premises, based upon the rates charged as of August 1, 1991 by the public utility furnishing electric energy to the Building. The Electric Charge is based upon certain theoretical assumptions incorporating estimates of consumption of electrical energy by lighting fixtures and other office equipment and machines incident to the use of which in conjunction with other any premises as ordinary executive and general offices, the anticipated periods of operation of such lighting fixtures, and office equipment and machines and the cost of furnishing such electric energy.
(b) From time to time during the term hereof, the Electric Charge may be increased to take into account:
(i) any material addition to the lighting fixtures, equipment and machines in the Demised Premises would result Premises;
(ii) use by Tenant of electric energy in an overload of the electrical circuits servicing the Demised Premises in excess of the quantity considered and/or during periods of use other than those considered in estimating the Electric Charge or determining any "Adjusted Electric Charge" (as hereinafter defined) pursuant to this Article 16; or
(iii) any increase in Landlord's cost or expenses for or in connection with the furnishing by it of electric energy to Tenant, in accordance with the provisions of this Lease, which shall be due to any change in the rates char by the public utility furnishing electric energy to the Building from the rates charged as of August 1, 1991 by such utility or any change in taxes based on the amounts charged by said public utility since the effective date of the Electric Charge or the BuildingAdjusted Electric Charge, as the case may be, then in effect. Such increases in costs, except for those pursuant to subsection 16.3 (b) (iii) above, which increases in costs pursuant to said subsection 16.3 (b) (iii) shall be based solely upon and equal to the increase in the rates charged by the public utility for furnishing such electrical energy, shall be calculated and reflected in the electricity and fixed rent in following manner: First: the average monthly number of kilowatts of demand and the average monthly number of kilowatt hours of consumption (or at the option of Landlord only the average monthly number of kilowatt hours of consumption) shall first determined for the electricity used in the entire Building over the twelve (12) monthly periods immediately preceding rate change. Second: the cost thereof to Landlord shall be at the rates in effect immediately prior to the rate change and at the rates in effect immediately after the rate change. Third: the percentage by which such cost after the rate change is greater than such cost before the rate change shall be determined. Fourth: the Electric Charge or Adjusted Electric Charge, as the case may be, shall be increased by the same percentage.
(c) Whenever, at any time during the term of this Lease, the Electric Charge shall be increased, pursuant to clause (1) or (2) of paragraph (b) of this Section 16.3, Landlord shall furnish to Tenant a survey setting forth a new Electric Charge. (Any new Electric Charge pursuant to clauses (1), (2), or (3) of paragraph (b) of this Section 16.3 is hereinafter sometimes called the "Adjusted Electric Charge.")
(d) Upon the determination of an Adjusted Electric Charge pursuant to clauses (1) or (2) of paragraph (b) of this Section 16.3, Landlord shall furnish to Tenant a statement in writing recomputing and adjusting the annual fixed rent hereunder by an appropriate sum representing any increase from the Electric Charge then in effect, which statement shall be accompanied by the survey upon which said increase was based, or in the case of any increase made pursuant to clause (3) of paragraph (b) of this Section 16.3. the inclusion of sufficient detail to enable Tenant to verify the increase referred to therein.
(e) Each such adjustment shall be effective retroactively as of
(i) the effective date of the material addition in usage by Tenant, as respects any increase made pursuant to clause (1) and (2) of paragraph (b) of this Section 16.3, or
(ii) the date of the change in rates, as respects any increase made pursuant to clause (3) of paragraph (b) of this Section 16.
Appears in 1 contract
Samples: Lease (Merit Behavioral Care Corp)
Electricity. 14.01 Tenant (a) Landlord shall obtain provide electricity for to the Demised Premises on a direct meter basissubmetering basis from the existing risers and switches on the floor. Tenant’s consumption of electricity shall be measured by one independent time of day (or use) submeter, which submeter shall be in working order on the Commencement Date and shall serve the Demised Premises, and no other tenant, and shall be furnished and installed by Landlord, at the cost of Tenant, and read by Landlord. If Tenant shall require electricity exceeding the available service capacity, any additional risers, feeders and similar electrical equipment which may be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord required, shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, to and for the use of Tenant in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create during the term hereof. Landlord represents that the available service capacity of electricity in the Demised Premises will be not less than eight (8) xxxxx per usable square foot connected load. Any riser(s) shall terminate at a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsdisconnect switch to be located at a point designated by Landlord in electrical closet(s) on the floor of the Demised Premises. In addition Such disconnect switch shall be the sole source from which Tenant is to obtain electricity. Such submeter shall at all times be maintained by Tenant, at its expense, unless damaged due to the installation negligence of such riser Landlord, its agents, employees or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionscontractors. Tenant covenants and agrees that to purchase electric power from Landlord or Landlord’s designated agent at all times its use charges, terms and rates set, from time to time, during the term of this Lease by Landlord but not more than those specified in the service classification in effect from time to time pursuant to which Landlord then purchases electric current shall never exceed from the capacity Electric Service Provider or Alternate Service Provider (as said terms are hereinafter defined), as the case may be, plus a fee equal to five (5%) percent of the feeders such charges, representing agreed upon administrative and overhead costs to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office useLandlord. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and Bills therefor shall be rendered monthly or at such other times as Landlord may elect and the amount, as computed from such meter, shall be deemed to be, and be paid by the Tenant to the Landlord as, additional rent, within ten (10) days after thereafter, without any set-off or deduction. If any tax is imposed upon Landlord’s receipt from the rendering sale or resale of electric energy to Tenant by any federal, state or municipal authority, Tenant covenants and agrees that, where permitted by law, Tenant's pro rata share of such taxes shall be passed on to, and included in the xxxx of, and paid by, Tenant to Landlord.
(b) Landlord has advised Tenant that presently Con Edison ("Electric Service Provider") is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the term of this Lease to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Electric Service Provider.
(c) Tenant shall cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery within the Demised Premises.
Section 23.02. Landlord shall not be liable in any way for any loss, damage or expense that Tenant may sustain or incur by reason of or any failure, change, interruption or defect in the supply or character of electric energy furnished to the Demised Premises by reason of any xxxx requirement, act or statement omission of the Electric Service Provider or Alternate Service Provider (as said terms are hereinafter defined) serving the Building with electricity and no such failure, change, interruption or defect shall constitute an act of constructive eviction, in whole or in part, or entitle Tenant to the any abatement of minimum rent or additional rent or relieve Tenant thereforof its obligations under this Lease. Tenant shall make no alterations furnish and install, at its sole cost and expense, all lighting fixtures, tubes, lamps, bulbs, ballasts and outlets relating to Tenant’s electrical equipment.
Section 23.03. Tenant's connected electrical load in the Demised Premises, including lighting, shall not at any time exceed the capacity of any of the electrical conductors and equipment in or additions servicing the Demised Premises, such capacity being eight (8) xxxxx per usable square foot connected load, including lighting. In order to ensure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric equipment and/or appliances service, Tenant shall not, without the Landlord's prior written consent of Landlord in each instance, which consent connect any appliances or equipment other than standard office equipment (computers, copiers, fax machines, telephones, etc.) to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant, to the extent Tenant's need for electricity exceeds eight (8) xxxxx per usable square foot.
Section 23.04. Landlord reserves the right to discontinue furnishing electric energy at any time, whether or not Tenant is in default under this Lease, upon not less than thirty (30) days' notice to Tenant, provided Landlord discontinues furnishing electricity to all other tenants in the Building. If Landlord exercises such right of discontinuance, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that, from and after the effective date of such discontinuance, Landlord shall not be unreasonably withheldobligated to furnish electric energy to Tenant. If Landlord so elects to discontinue furnishing electric energy to Tenant, conditioned Tenant shall arrange to obtain electric energy directly from the Electric Service Provider or delayedAlternate Service Provider. Notwithstanding anything the foregoing, Landlord shall not discontinue furnishing electric energy until Tenant is able to obtain such electric energy directly from said Electric Service Provider or Alternate Service Provider. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the contrary hereinextent that they are available, should suitable and safe for such purposes. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric service energy directly from such Electric Service Provider or Alternate Service Provider company, and which are to be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of located within the Demised Premises, Fixed Rent shall xxxxx until such service resumes be installed by Landlord at its sole cost and expense, and maintained by Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesits expense.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain will be billed for electricity for the Demised Premises Tenant's lights and outlet consumption on a direct meter basismonthly basis based on an annual estimate of $1.00 per rentable square foot. Should the actual average expense to Landlord per square foot for Tenant's electricity be different, Tenant an additional charge or a credit will be made at the end of each year's occupancy to be paid with or credited against the next monthly charge for Xxxxxx's electricity. Notwithstanding the foregoing, Landlord reserves the right to assess Xxxxxx's charge for electricity based on an engineer's survey of Tenant's electrical usage conducted from time to time or on the sub-metering of all or part of the Premises. Such charges for Xxxxxx's electricity shall be responsible for paid by Xxxxxx as additional rent at the same time and pay in the same manner as payments of Annual Rent. Tenant covenants and agrees that its use of electric current shall not exceed 4.0 xxxxx per square foot of usable floor area and that its total connected lighting load will not exceed the maximum load from time to time permitted by applicable governmental regulations. In the applicable utility all charges for electricity event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building's electrical system or in any other way interferes with the system's ability to perform properly, supplementary systems including check meters may, if and as measured needed, at Landlord's option, be provided by such meterLandlord, at Tenant's expense. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if if, during the Term of this Lease, either the quantity or character of electric service current is changed or electric current is no longer available or suitable for Tenant’s requirements's requirements due to a factor or cause beyond Landlord's control. Any additional riser or risers Landlord reserves the exclusive right to supply Tenant’s electrical requirementsprovide electric and other utility service to the Building. Tenant may request permission from Landlord (which consent may be withheld in its sole discretion) to arrange electric and other utility service exclusively serving the Premises. Should such permission be granted, upon written request to Tenanthowever, will such service shall be installed only in such locations and in such manner as shall be specifically approved by LandlordLandlord in its sole discretion, Tenant shall be responsible for restoration of any damage caused by such installation and Tenant shall be responsible for removal of such installations at the sole cost and expense termination of this Lease. Landlord may limit Tenant's choice of electrical or other utility providers in order to avoid proliferation of such services to the Building or for any other reason. In no event, unlesshowever, shall Landlord be responsible for any damages or inconvenience caused by interruption in Landlord’s reasonable judgment, the same will cause permanent damage or injury poor quality of electricity or other utility services provided to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of unless such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed damages are caused by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault negligence of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesits agents or employees.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
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Electricity. 14.01 Except as provided in this Section, Landlord shall furnish to Tenant shall obtain throughout the Term (and as more particularly set forth in Exhibit D) electricity for the Demised operation of lighting fixtures as shown on Exhibit D, and at 120 volt current for the operation of normal office fixtures and equipment, but excluding any high energy consumption equipment. Tenant covenants and agrees to pay, as an additional charge, an annual amount equal to the product of the Electricity Reimbursement specified in Section 1.1 and the number of square feet in the Rentable Floor Area of the Premises. Such amount shall be paid in equal monthly installments (pro-rated for any partial month) on the Term Commencement Date and the first day of each subsequent calendar month during the Term. The Electricity Reimbursement figure in Section 1.1 is based on estimated electricity costs for Building standard lighting and office uses. At any time and from time to time, Landlord may increase the per square foot amount of Electricity Reimbursement provided that such increase (i) results in a rate fairly reflecting Landlord’s then actual cost of supplying such electricity without xxxx-up and/or (ii) is based on Tenant’s actual consumption of electricity as measured by meter(s) installed for the Premises or (if such meter is not in service or does not apply exclusively to the Premises) on a Landlord’s reasonable judgment that Tenant’s electricity consumption exceeds the permitted level of consumption as described in the preceding sentence. Any meter serving the Premises exclusively shall be maintained and repaired by Landlord at Tenant’s expense. Landlord may, at any time, at its sole election, discontinue the furnishing of electric current upon not less than two months’ notice (or such longer time as may be required to make arrangements with the electric utility for direct meter basisservice provided Tenant exercises commercially reasonable efforts to complete said arrangements as soon as possible), whereupon Tenant’s obligation to pay additional charges under this Section shall cease. In electing to discontinue furnishing electric current, Landlord shall not discriminate between Tenant and other tenants of the Building similarly situated with respect to the reason for discontinuance of electric service. If Landlord elects to discontinue electric service, Tenant shall contract directly with the utility company supplying electric current and Landlord shall, at its expense, bear all capital costs associated with converting the Premises to utility company service and shall furnish and install, in the Premises or other location, necessary transmission lines and metering equipment used in connection with measuring Tenant’s consumption of electric current. Tenant shall be responsible for maintenance and pay repair of such transmission and metering equipment during the balance of the Term. If Tenant requires electricity in excess of that supplied by Landlord or if Tenant, pursuant to this Section, obtains its electricity directly from the utility company, Landlord shall, upon request, cooperate with Tenant in the installation of any equipment, wiring, conduits, and the like required for such electricity to the applicable utility Premises provided that Tenant shall reimburse Landlord for all charges for electricity as measured by such meter. additional costs incurred and further provided that Landlord shall not in be required to take any way be liable action which is inconsistent with applicable law, insurance regulation, or responsible to Tenant for any loss that entails excessive or damage unreasonable alterations or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury repairs to the Building Project or the Demised Premises or cause or create a dangerous or hazardous condition or interfere interference with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity occupants of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesProject.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Electricity. 14.01 (a) Electrical service shall be provided by Landlord to the Demised Premises. Upon receipt of the monthly invoice for electricity charges from Landlord, Tenant shall obtain electricity pay, as Additional Rent, the full cost of all the rents or charges for electric use by Tenant in the Demised Premises on a direct meter basis, Tenant shall which are or may be responsible for and pay charged to the applicable utility all charges for electricity as measured Landlord by such meter. Landlord shall not in any way be liable or responsible the suppliers thereof to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Building during the term hereof.,
(b) Any additional riser risers, feeders or risers other equipment or service proper or necessary to supply Tenant’s 's electrical requirements, will, upon written request to of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, if in Landlord’s 's reasonable judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord Rigid conduit only will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees be allowed except that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding notwithstanding anything to the contrary herein, should electric service the wiring for power may be interrupted for put in armored "BX" cable in accordance with all laws and requirements of public authorities in effect at time of installation. All branch circuit and feeder wiring shall be tagged at each box or panel. Tags must indicate circuit numbers and a period of more than five complete panel directory must be listed in each panel.
(5c) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice install separate submeter(s) to Landlord no later than measure Tenant's electricity usage, and Tenant shall pay for the seventieth (70th) consecutive day and vacating no later than cost of such electricity used on the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant Demised Premises as Additional Rent based on the usage recorded on such submeter(s), together with the cost of installing any risers, submeters, or other facilities that may be necessary to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type measure such electricity to the Building electric distribution system, beyond that on Demised Premises. "ELECTRICITY USAGE" shall mean Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts 's actual usage of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines electricity in the Demised Premises would result in an overload as measured by the aforesaid submeter(s) for each calendar month or such other period as Landlord shall determine during the term of this Lease and shall include the quantity and peak demand (kilowatt hours and kilowatts) and all applicable taxes, surcharges, demand charges, energy charges, fuel adjustment charges, and other adjustments made from time to time by the public utility company supplying electric current to the Building or any governmental authority having jurisdiction, subject to increase by the same percentage as Landlord's cost from its supplier increases from time to time. Landlord shall xxxx Tenant's usage at the service classification of the electrical circuits servicing Building (including all applicable taxes, surcharges, demand charges, energy charges, fuel adjustment charges, and other sums payable in respect thereof). Further, Landlord shall also have the right, at Landlord's option, to have installed by the public electric utility supplier a direct meter to the Demised Premises which shall measure usage to the Demised Premises, in which case Tenant shall pay for its electric usage directly to the supplier thereof. Tenant shall pay for the cost of installing any risers, meters, or other facilities that may be necessary to measure such electricity usage directly from the Buildingsupplier to the Demised Premises.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain pay, directly to the appropriate utility provider, any and all costs of electricity for utilized in the Demised Premises on a direct meter basisand in support of any of Tenant’s equipment, Tenant wherever located. In the event that the Premises are not separately metered, (a) Tenant’s use of electricity in the Premises shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable a checkmeter or responsible to Tenant for any loss a submeter serving the Premises, or damage or expense which (b) Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for arrange, at Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense expense, with the utility company providing electricity to the Building to install a separate meter serving the Premises, provided that the installation of Tenantsuch separate meter shall not, unlessat any time, in Landlord’s reasonable judgment, interfere with the same will cause permanent damage or injury provision of electricity to the Building or with Landlord’s ability to contract with a utility company of its choosing, and provided further than Tenant shall, at Landlord’s request, provide Landlord with copies of Tenant’s correspondence with such electric company, and any work performed by the Demised Premises or cause or create a dangerous or hazardous condition or interfere electric company in connection with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and separate meter shall be paid approved by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, approval not to be unreasonably withheld) prior to commencement thereof. The Tenant shall pay to Landlord, conditioned as Additional Rent, the amount determined by applying the electric rate at which Landlord purchases electricity (including taxes and surcharges thereon) to Tenant’s consumption of and demand for electricity as recorded on the checkmeter measuring Tenant’s utilization of electricity or delayedbased on such proportionate usage by Tenant (the “Electric Charge”). Landlord shall cause Tenant’s checkmeter to be read at regular intervals. Upon receipt by Landlord of an invoice from the utility company supplying electricity to the Building, Landlord shall xxxx Tenant in accordance with the foregoing. At Landlord’s option, and if applicable, Tenant shall pay the Electric Charge in twelve (12) equal monthly installments on the first day of each month, based upon Landlord’s reasonable estimate of the Electric Charge, or otherwise as Landlord elects. After the end of each calendar year, Landlord shall furnish Tenant a written statement of the actual Electric Charge. If Tenant has underpaid, Tenant shall pay the amount shown on said statement and if Tenant has overpaid, Landlord shall credit the difference against the next installment of Additional Rent due hereunder or pay the difference to Tenant. If Landlord makes the election provided in this paragraph, within ninety (90) days after the beginning of each new calendar year during the Term, Landlord may deliver to Tenant a revised estimate, in each instance. In no event shall Tenant use or install any fixtureswriting, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing Electric Charge. If Landlord makes the Demised Premises election provided in this paragraph, for each new calendar year, until such time as Tenant receives an updated or revised estimate, Tenant shall continue to pay the BuildingElectric Charge based on the estimated rate for the previous year.
Appears in 1 contract
Samples: Lease Agreement (Acme Packet Inc)
Electricity. 14.01 (a) Tenant shall obtain electricity for the Demised Premises on a direct meter basisagrees that in addition to Tenant's obligations ----------- to pay Base Rental (Paragraph 1(e) of this Lease) and to make escalation payments resulting from Operating Expenses (Paragraph 4 of this Lease), as well as Tenant's obligations pursuant to other provisions in this Lease, Tenant shall be responsible for and pay all electrical expenses attributable to the applicable utility Premises, as follows:
(i) if and to the extent that all or portions of the Premises are separately metered for electrical consumption, Tenant shall promptly pay all charges for electrical consumption directly to the utility company which supplies electricity to the Premises; (ii) for that portion of electrical consumption which is allocable to rented space (e.g., within the Premises itself), Tenant shall promptly reimburse Landlord for Tenant's prorata share (i.e., a fraction the numerator of which is the Rentable Space in the Premises and the denominator of which is the Rentable Space in all occupied leased premises in the Building) of such charges for electrical consumption paid by Landlord to the utility company which supplies electricity to the Building, and (iii) for all other electricity consumed in connection with the Building, Tenant shall promptly reimburse Landlord for Tenant's prorata share (i.e., a fraction the numerator of which is the Rentable Space in the Premises and the denominator of which is the Rentable Space in the Building, whether or not occupied) of such charges for electrical consumption paid by Landlord to the utility company which supplies electricity to the Building; moreover, with regard to Tenant's obligations pursuant to items (ii) and (iii) above, Landlord may, either during or prior to any calendar year, make a good faith reasonable estimate of the cost for such electrical consumption for the current or immediately succeeding calendar year and Tenant's respective shares of such total cost, and upon thirty (30) days' written notice to Tenant may require the monthly payment of such estimated cost in advance. In such event, Tenant's proportionate share of any such estimated cost shall be payable in equal monthly installments over the remaining months of the calendar year after notice of such estimate is delivered to Tenant. Any amounts paid based on such an estimate shall be subject to adjustment between Landlord and Tenant (i.e., in the same manner as measured the potential adjustment of Operating Expenses payments pursuant to Paragraph 4(b) above) when actual costs are determined for the applicable calendar year.
(b) Landlord hereby represents and warrants to Tenant that the electrical equipment and facilities in the Building (i) are currently capable of supplying to the Premises six (6) xxxxx per square foot of Usable Area of the Premises, with the Usable Area of the Premises to be determined by reference to the American National Standard method for measuring Usable Area in office buildings, as described in the pamphlet entitled "Standard Method for Measuring Floor Area in Office Buildings," published by the Building Owners and Managers Association International (ANSI/BOMA Z65.1-1996), such meterelectrical capacity being "below ceiling" and excluding HVAC, and (ii) can be made capable of supplying to the Premises nine (9) xxxxx per square foot of Usable Area of the Premises, provided that Tenant incurs all costs associated with such expansion of capacity. Landlord Without Landlord's prior written consent, Tenant shall not install any equipment in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, Premises that will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to Building electrical system serving the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Samples: Lease Agreement (Entrust Inc)
Electricity. 14.01 (a) Landlord shall, as the exclusive party authorized to contract with providers of electrical utility services for the Project, install separate metering to the Premises, for electrical usage, excluding HVAC, except as otherwise provided in Paragraph 3B herein. During the Lease Term, the Premises shall be separately metered for electrical power. The Tenant acknowledges that the Building's Standard mechanical and electrical systems are designed to accommodate standard loads generated by lights and office equipment. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises which will, in any way, increase the amount of the standard electricity load consumption of the Premises; nor connect with electric current except through existing electrical outlets in the Premises. If Tenant shall obtain electricity require electric current in excess of the standard for the Demised use of the Premises as general office space, Tenant is hereby granted the option, at its sole cost and provided Tenant reimburses Landlord for any costs incurred, to contract with Florida Power & Light, to have installed in the electric room adjacent to the Tenant's Premises or such other reasonably designated situs in the Building (which space shall thereupon be exclusively utilized by Tenant and which shall be included in the Net Rentable Square Footage allocated to Tenant) a transformer or other instrumentality so as avail the Premises of 2,400 amps of 480 volt 3 Phase Electrical Service to the Premises, which use shall be exclusive to the Tenant from said source. For purposes of security, Landlord shall provide Tenant, at its request, and at Tenant's cost, the exclusive use of the electrical room where the electrical power for the Premises is located. Tenant shall be solely responsible at Tenant's cost for maintaining and repairing the electrical room utilized by it in accordance with reasonable standards prescribed by the Landlord. The parties shall attach hereto a certification reflecting the amperage available to the Premises.
(b) Tenant acknowledges that Tenant's intended use of the Premises excludes material use of the Premises beyond Business Hours. Material use shall be deemed to mean the operation of an additional "shift", either full or part time, or use of the Premises after Business Hours in any way that may preclude or interfere with the providing of janitorial services to the Premises. In the event Tenant's use of the Premises requires more electrical power than set forth above, whether by intensity of use, load or type of equipment, Tenant may then be billed for such additional use and such xxxxxxxx will be billed to Tenant as Additional Rent. Landlord will utilize Landlord's customary method of billing Tenant for excess electrical power consumption. At Landlord's option, Landlord, at Tenant's expense, may have an engineer estimate Tenant's usage, and xxxx Tenant at standard utility rates for the excess usage or install a submeter for the purposes of ------------ BLUE LAKE STANDARD LEASE monitoring Tenant's excess power consumption. Landlord and Tenant agree that Landlord's implementation of the electrical monitoring and billing procedures set forth herein shall in no way be construed so as to deem Landlord a private or public utility company.
(c) Subject to the limitations and restrictions herein contained, Tenant may install a generator for back-up electricity service together with ancillary and reasonably related equipment at or on an interior portion of the Building, to the extent practical, or an exterior location on the grounds of the Project. The emplacement of a direct meter basisgenerator, whether within the interior of the Building or upon the exterior of the Project, shall be within strict prescriptions and subject to the approval of the Landlord (which approval shall not be unreasonably withheld) and the City of Boca Raton or such other agencies having jurisdiction. The Tenant shall be responsible for and pay to all costs incurred by the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by or the Landlord, at in the sole cost administrative overseeing of the emplacement of the generator and expense licensing of Tenantthe generator, unless, in Landlord’s reasonable judgment, fuel tanks and other components. Approval for the same will cause permanent damage or injury to emplacement of the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith generator shall likewise be subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity approval of the feeders to the Building or the risers or wiring installation Landlord (which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent approval shall not be unreasonably withheld) and the City of Boca Raton, conditioned or delayed. Notwithstanding anything other agencies having jurisdiction, for matters relating to the contrary aesthetic screening of the generator, noise abatement and fuel tank placement, fuel storage and maintenance. Tenant shall be charged, as Additional Rent, any costs incurred by the Landlord if, at Landlord's option, Landlord shall elect to repair, or maintain the generator and fuel tanks in the absence of the Tenant's failure to repair and maintain the generator, fuel tanks and other ancillary equipment. The Tenant shall deliver to the Landlord an insurance policy naming the Landlord as loss/payee as to any claim or damages caused by the generator or fuel tanks, all of which insurance shall conform with the provisions of Paragraph 14 herein. The Tenant shall fully comply with the provisions of Paragraph 39 in complying with all Hazardous Substance laws relating, should electric service be interrupted for but not limited, to the placement and operation of the generator, fuel tanks, together with fuel handling and discharge. The installation of the generator shall be, at the election of the Landlord, accomplished by a period of more than five (5) consecutive business days through contractor designated by the Landlord, the sole fault expense of Landlord so as to prevent which shall be borne by the Tenant from using at least seventy-five (75%) percent who shall contract for same in conformance with the provisions of Article 26 of this Lease. The Tenant acknowledges advice of the Demised PremisesLandlord that the Landlord may, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume during the use of at least seventy-five (75%) percent term of the Demised Premises. Should such service interruption prevent Lease, designate a centralized location for all generators serving tenants in the Building or the Project, or, alternatively, the Landlord may contract or cause the Tenant from using at least seventy-five (75%) to contract with Florida Power & Light, or an affiliate thereof, for the providing of generators to tenants of the Demised Premises Building or the Project. In the event that the Landlord shall designate a specified or centralized location for more than sixty (60) days and the relocation of the generator or, alternatively, require that any tenants requesting service by back-up generators utilize a contracted-for-generator from Florida Power & Light or such other supplier as the Landlord shall designate, the Tenant's generator shall be due relocated or the Tenant shall utilize the designated generator source. The cost to relocate the sole fault of Tenant's generator or to connect the Tenant to a designated generator shall be borne by the Landlord, Tenant provided, however, that Landlord shall have receive the right to terminate this Lease by giving written notice to Landlord no later than benefit of any savings incurred thereby such as, but not limited to, the seventieth (70th) consecutive day and vacating no later than Tenant's sale of the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datespreviously used generator.
14.02 Tenant agrees not (d) Landlord reserves the right, after Business Hours, to connect any additional electrical equipment turn off all unnecessary lighting in the unoccupied areas of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not the Premises to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines minimize the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload energy consumption of the electrical circuits servicing Building in both the Demised Premises or Common Areas and the BuildingPremises.
Appears in 1 contract
Samples: Lease (Hiway Technologies Inc)
Electricity. 14.01 (a) Landlord agrees that, prior to Commencement Date, risers, feeders and wiring will be installed in the Building by Landlord so as adequately to supply Tenant's electrical requirements in accordance with Tenant's plans for initial occupancy and the provisions in the Work Letter (Exhibit C) as to the service capacity of electric risers to furnish electric service to the Demised Premises.
(b) Tenant shall obtain electricity and pay for Tenant's entire separate supply of electric current by direct application to and arrangement with the public utility company servicing the Building. Landlord will permit its electric feeders, risers and wiring serving the Demised Premises on a direct meter basis, to be used by Tenant shall be responsible for and pay to the applicable utility all charges extent available and safely capable of being used for electricity as measured such purpose.
16.02 After the initial installation work by such meterLandlord, any additional risers, feeders or other equipment or service proper or necessary to supply Tenant's electrical requirements, upon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, if in Landlord's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. Rigid conduit only will be allowed.
16.03 Landlord shall not in any way anywise be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense 's requirements except as a result of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesXxxxxxxx's negligence.
14.02 16.04 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s 's approved plans for initial occupancy, other than lamps, computers typewriters and other small office machines which consume comparable amounts of electricity, without the Landlord’s 's prior written consent, which consent shall not to be unreasonably withheld, conditioned withheld or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises Premises.
16.05 Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the then existing feeders to the Building or the Buildingrisers or wiring installation. Tenant shall furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Demised Premises, at Tenant's sole cost and expense. All lighting tubes, lamps, bulbs and ballasts so installed shall become Landlord's property upon the expiration or sooner termination of this lease.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain electricity for 16.01 The Building is equipped with risers, feeders and wiring to furnish electric service to the Demised Premises with a capacity of not less than six (6) xxxxx per rentable square foot demand load (exclusive of the Building's heat, ventilation and air-conditioning system).
16.02 Any additional risers, feeders or other equipment or service proper or necessary to supply Tenant's electrical requirements, will, upon written request of Tenant, be installed by Landlord, at the sole cost and expense of Tenant, if in Landlord's reasonable judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. Rigid conduit only will be allowed.
16.03 Tenant shall pay, at the rate charged to Landlord for electricity by the utility company furnishing electricity to the floor of the Building on which the Demised Premises are located (hereinafter referred to as the "Premises Floor"), its pro rata share (hereinafter referred to as "Tenant's Pro Rata Share") of the electricity consumed in the Demised Premises (exclusive of the Building's heat, ventilation and air-conditioning system), as shown on the meter serving the Premises Floor. Tenant's Pro Rata share shall be expressed as a direct meter basispercentage and shall be computed on the basis of a fraction, the numerator of which shall be the Multiplication Factor and the denominator of which shall be the total square foot area of the Premises Floor occupied by tenants. Landlord, using the formula set forth above, shall compute Tenant's Pro Rata Share as of the Commencement Date. Landlord shall recompute Tenant's Pro Rata Share after a change in occupancy on the Premises Floor occurs, and shall send Tenant notice thereof (hereinafter referred to as the "Recomputation Notice"), such recomputation to be retroactive to the date of such change in occupancy. Tenant's Pro Rata Share shall be payable by Tenant as additional rent within ten (10) days after the rendition by Landlord of bills therefor.
16.04 In the event that, at any time, and from time to time, Tenant or any other tenant of the Premises Floor (hereinafter referred to as the "Disputing Tenant") shall dispute the accuracy of its Pro Rata Share as so computed by Landlord, the Disputing Tenant shall have the right, at the Disputing Tenant's sole cost and expense, to make a survey (hereinafter referred to as the "Survey") of electrical usage in the space leased to all tenants of the Premises Floor using an independent electrical engineer (hereinafter referred to as the "Surveyor") acceptable to all tenants of the Premises Floor. The Surveyor shall compute the proportionate share of each of the tenants of the Premises Floor based on usage, provided, however, that the aggregate proportionate shares of all tenants of the Premises Floor shall equal 100%. The Survey shall be conclusive and binding upon all tenants of the Premises Floor. Until completion of the first survey made pursuant to this Section 16.04 and receipt thereof by Tenant, Tenant shall continue to pay its Pro Rata Share as determined by Landlord, and Landlord shall not be responsible for required to adjust any amount so paid on the basis of the first Survey. After completion of a Survey and receipt thereof by Tenant, all tenants of the Premises Floor shall, effective as of the date of the Survey, and continuing thereafter until completion of a new Survey and receipt thereof by Tenant or receipt by Tenant of a Recomputation Notice, pay their Pro Rata Shares based on the Survey retroactively adjusted to the applicable utility all charges for electricity as measured by such meterdate of the Survey. Tenant shall cooperate with any Disputing Tenant and the Surveyor in the making of the Survey. In the event the tenants of the Premises Floor are unable to agree upon a Surveyor, then, upon request of any Disputing Tenant, Landlord shall designate a Surveyor to make the Survey. In no event shall Landlord have any liability or responsibility with respect to the accuracy of any Survey or the fees of the Surveyor.
16.05 Landlord shall not in any way anywise be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed 's requirements except for actual damages sustained by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates's or its agents' or contractors' willful acts or negligence.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. 16.06 In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises Premises.
16.07 Tenant covenants and agrees that at all times its use of electric current shall never exceed the service capacity set forth in Section 16.01 and the capacity of the then existing feeders to the Building or the Buildingrisers or wiring installation, subject to the provisions of Section 16.
Appears in 1 contract
Electricity. 14.01 A. Subject to the provisions of this Article, Landlord shall cause to be furnished to Tenant the electric energy that Tenant shall obtain electricity for require in the Demised Premises on a direct meter basis, Tenant Premises. Such electric energy shall be responsible furnished to Tenant through the existing electric energy system for Tenant's reasonable use in connection with its use of the Premises for general office purposes. Such lighting electric fixtures, appliances and pay to equipment other than those normally provided for in the applicable utility all charges use of the Premises for electricity general office purposes may be installed by Tenant in the Premises as measured by such meterLandlord shall permit, which permission shall not be unreasonably withheld or delayed. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury energy furnished to the Building Premises by reason of any requirement, act or omission of the Demised Premises public utility supplying the Center with electric energy or cause or create a dangerous or hazardous condition or interfere with or disturb for any other tenants or occupants. In addition reason not attributable to Landlord.
B. Prior to the installation of such riser or risersa submeter with respect to the Premises, Tenant's consumption of electric energy shall be measured by calculating the Tenant's proportionate share (based on useable square feet) of all charges (including fuel adjustment factor, surcharges, meter reading charges) for electricity furnished to the Building, including taxes on the same. Upon installation of a submeter with respect to the Premises, Tenant's consumption of electric energy shall be measured by submeter, to be installed by Landlord will also at the Tenant's sole cost and expense expense. Tenant shall pay for the cost of repairs and maintenance to the submeter. When more than one meter measures the service of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and service rendered through each meter shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforcomputed and billed conjunctively as if one meter measured Tenant's usage in accordance with this paragraph. Tenant shall make no alterations or additions to purchase electric energy measured in accordance with the electric equipment and/or appliances without the prior written consent of foregoing provisions from Landlord in each instanceand shall, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than within five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five after demand (75%) percent accompanied by Landlord's computation of the Demised Premisesamount then due), Fixed Rent shall xxxxx until such service resumes and Tenant is able pay to resume the use Landlord monthly when billed all charges for Tenant's consumption of at least seventy-five (75%) percent electric energy, plus an amount for Landlord's administrative costs equaling 5% of the Demised Premisesmonthly electricity charge. Should such service interruption prevent In no event, however, shall Tenant's monthly electricity charges be less than $830.41. Tenant from using at least seventy-five (75%) shall comply with the rules, regulations, terms and conditions, if any, applicable to service, equipment, wiring, and changes in requirements in accordance with the requirements of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type public utility supplying electric energy to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, in the same manner as if Tenant was serviced directly by such utility. If any tax (other than lampstax based on income) is imposed upon Landlord's receipt from the sale or resale of electric service to Tenant by any federal, computers state, or municipal authority, Tenant agrees that, where permitted by law, Tenant's proportionate share of such taxes shall be passed on to, and other small office machines which consume comparable amounts included in the bxxx of, and paid by, Tenant.
C. In addition to paying for Tenant's entire supply of electricityelectric current, without Landlord’s prior written consentTenant agrees to pay, not as additional rent, Tenant's proportionate share of the cost of all charges (including fuel adjustment factor, surcharges, meter reading charges) for electricity furnished to be unreasonably withheldthe Common Areas, conditioned or delayed, in each instance. including the taxes on the same.
D. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment Tenant's monthly electricity charges under Paragraphs B and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the BuildingC above be less than $1,051.04.
Appears in 1 contract
Samples: Lease Agreement (Lynch Corp)
Electricity. 14.01 41.01 Except as otherwise set forth herein to the contrary, Landlord and Tenant acknowledge and agree that electric service shall obtain electricity for be supplied to the Demised Premises on a direct meter basismetered basis in accordance with the provisions of this Article 41. Electricity and electric service, Tenant as used herein, shall be responsible for and pay mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including but not limited to services which facilitate the applicable utility all charges for electricity as measured by such meterdistribution of service. Landlord shall make electricity available during the Term at the combined electrical closets servicing the Premises for all purposes with an average capacity of six (6) wxxxx demand load per usable square foot of the Premises (exclusive of electricity required for the operation of the Building HVAC System serving the Premises), which shall be distributed by Tenant throughout the Premises at its sole cost and expense.
(a) Tenant shall pay, as and when due, directly to the utility company supplying electricity to the Premises or the applicable portion thereof the amounts due for electric current consumed by Tenant as indicated by meters measuring Tenant’s consumption thereof.
(b) If electricity can no longer be provided to the Premises on a direct metered basis, Landlord shall provide redistributed electricity to the Premises (or the applicable portions thereof) on a submetered basis and, in such event, Tenant agrees that the charges for such redistributed electricity shall be computed in the manner hereinafter described, to wit, a sum equal to the product of (i) Landlord’s actual out-of-pocket cost for such electricity (“Landlord’s Cost”).
41.03 Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements, except to the extent caused by the negligence or willful misconduct of Landlord. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the Building or wiring installation subject to Landlord’s obligation to provide the capacity set forth in Section 41.01. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessif, in Landlord’s reasonable judgment, the same are reasonably necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Electricity. 14.01 Section 13.1 As an incident to this Lease and as part of the Fixed Rent payable hereunder, Landlord shall furnish to Tenant, subject to compliance with Requirements, through transmission facilities installed by it in the Building, alternating electric current to be used by Tenant in the Premises in such amount as shall obtain electricity be sufficient during Business Hours of Business Days for the Demised operation of Tenant's lighting fixtures and customary small office machines; provided, however, that Landlord shall not be obligated to provide electric current in an amount in excess of five (5) xxxxx (connected load) of electric current per gross usable square foot of space in the Premises (inclusive of any supplementary system installed by or on a direct meter basis, behalf of Tenant shall be responsible for and pay to exclusive of the applicable utility all charges for electricity as measured by such meterbase Building air conditioning system) (the "Electric Capacity"). Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either the quantity defect in supply or character of electric service current furnished to be Premises. At Landlord's option, Landlord shall furnish and install all lighting tubes, ballasts, lamps and bulbs used in the Premises and Tenant shall pay, promptly upon demand as additional rent, Landlord's reasonable and competitive charges therefore. Tenant shall use said electric current for lighting and, insofar as Landlord's facilities are not burdened thereby and applicable laws and insurance regulations permit, for operation of such equipment as is changed or is no longer available or suitable for Tenant’s requirementsnormally used in connection with the operation of a business office. Any additional riser or risers The portion of the Fixed Rent attributable to supply Tenant’s electrical requirements, upon written request electric current so furnished to Tenant, will is hereinafter referred to as the "Factor". In no event is the Factor to be installed by Landlordless than the Factor on the date of this Lease ($16,156.25), at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury as thereafter increased pursuant to Section 13.5 below. Notwithstanding anything to the Building or contrary contained herein, Tenant shall pay for electricity consumed in the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to from and after the installation of such riser or risers, Landlord will also at the sole cost and expense of Commencement Date.
Section 13.2 Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its 's use of electric current in the Premises shall never not at any time exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforElectric Capacity. Tenant shall not make no or perform, or permit the making or performing of, any alterations to wiring installations or other electrical facilities in or serving the Premises or any additions to the electric business machines, office equipment and/or or other appliances in the Premises which utilize would have a material impact on Tenant's electrical energy usage in the Premises, without the prior written consent of Landlord in each instance. Should Landlord grant any such consent, which consent all additional risers or other equipment required therefor shall not be unreasonably withheldinstalled by Landlord and the reasonable cost thereof plus all reasonable costs incurred by Landlord to any electrical engineer retained by Landlord to review the electrical work required by Tenant shall be paid by Tenant, conditioned or delayedas additional rent, promptly upon demand. Notwithstanding anything As a condition to granting any such consent, Landlord may require that Tenant agree to an increase in the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and payable hereunder by an amount which will reflect the value to Tenant is able (as determined pursuant to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%Section 13.3 below) of the Demised Premises for more than sixty (60) days and additional service to be due to the sole fault of furnished by Landlord, that is, the potential additional electric current to be made available to Tenant. If Landlord and Tenant cannot agree thereon, such amount shall have be determined by a reputable independent electrical engineer or consultant, to be selected by Landlord and paid by Tenant. The findings of the consultant or engineer in all such instances shall be conclusive and binding upon the parties, subject to Tenant's right to terminate this Lease by giving written notice contest such findings pursuant to Landlord no later than Section 13.7 below. When the seventieth (70th) consecutive day amount of such increase is so determined, the parties shall execute and vacating no later than exchange an agreement supplementary hereto to reflect the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines increase in the Demised Premises would result in an overload amount of the electrical circuits servicing Fixed Rent payable hereunder, effective from the Demised Premises or the Buildingdate such additional service is made available to Tenant, but such increase shall be effective from such date even if such supplementary agreement is not executed.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain will be billed for electricity for the Demised Premises Tenant’s lights and outlet consumption on a direct meter basismonthly basis based on an annual estimate of $1.25 per rentable square foot (which amount may be adjusted by Landlord, from time to time, to reflect increases in the electrical costs to the Building). Should the actual average expense to Landlord per square foot for Tenant’s electricity be different, an additional charge or a credit will be made at the end of each year’s occupancy to be paid with or credited against the next monthly charge for Xxxxxx’s electricity (or to be paid directly to Tenant if the Term has expired or the Lease has terminated). Notwithstanding the foregoing, Landlord reserves the right to assess Tenant’s charge for electricity based on an engineer’s survey of Tenant’s electrical usage conducted from time to time or on the sub-metering of all or part of the Premises. Such charges for Xxxxxx’s electricity shall be responsible for paid by Xxxxxx as additional rent at the same time and pay in the same manner as payments of Annual Rent. Tenant covenants and agrees that its total connected lighting load will not exceed the maximum load from time to time permitted by applicable governmental regulations. In the applicable utility all charges for electricity event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building’s electrical system or in any other way interferes with the system’s ability to perform properly, supplementary systems including check meters may, if and as measured needed, at Landlord’s option, be provided by such meterLandlord, at Tenant’s expense. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if if, during the Term of this Lease, either the quantity or character of electric service current is changed or electric current is no longer available or suitable for Tenant’s requirementsrequirements due to a factor or cause beyond Landlord’s control. Any additional riser or risers Landlord reserves the exclusive right to supply provide electric and other utility service to the Building. Tenant may request permission from Landlord (which consent may be withheld in its sole discretion) to arrange electric and other utility service exclusively serving the Premises. Should such permission be granted, however, such service shall be installed only in such locations and in such manner as shall be specifically, approved by Landlord in its sole discretion, Tenant shall be responsible for restoration of any damage caused by such installation and Tenant shall be responsible for removal of such installations at the termination of this Lease. Landlord may limit Tenant’s choice of electrical requirementsor other utility providers in order to avoid proliferation of such services to the Building or for any other reason. In no event, upon written request to Tenanthowever, will shall Landlord be installed responsible for any damages or inconvenience caused by Landlord, at the sole cost and expense interruption in or poor quality of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage electricity or injury other utility services provided to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of unless such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed damages are caused by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault negligence of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesits agents or employees.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Samples: Lease Agreement (Lightspace Corp)
Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. (A) Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith (subject to the aforesaid terms provisions of this Article and conditions. Tenant covenants and agrees that at all times its use the other applicable provisions of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within this lease) furnish ten (10) days wattx xxx rentable square foot of electric current at 120/208 volts, three phase, at an end box in the demised premises. Any additional current required by Tenant shall, if available, be provided by Landlord (at 120/208 volts, three phase) to a location designated by Landlord at a cost of $250.00 per amp if provided during the twelve (12) month period after the rendering of any xxxx or statement date hereof, and if later provided, then at Landlord's standard charge. In bringing such current from such designated location to the Tenant therefor. premises, and in performing any other work affecting or involving the Building electrical infrastructure, Tenant shall make no alterations use only such electrical contractors as are specified on Exhibit C. If at any time during the Term, whether before or additions to after Tenant's power is increased or decreased, Landlord reasonably determines that Tenant is not using any portion of the electric equipment and/or appliances without capacity then servicing the prior written consent of demised premises, then Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease recapture any such power not then being used by giving written notice Tenant without compensation to Tenant. (If Landlord no recaptures a portion of Tenant's original ten (10) wattx xxx rentable square foot, and at a later than date Landlord provides Tenant with additional current, Tenant shall only be required to pay the seventieth per amp charge for total current in excess of ten (70th10) consecutive day and vacating no later than wattx xxx rentable square foot.) Tenant's consumption of electrical energy at the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesdemised premises shall be measured by submeters installed by Landlord at Tenant's expense with reasonable diligence after the Commencement Date.
14.02 (B) (1) From and after the Commencement Date, Tenant agrees not shall purchase all electric current consumed in or in connection with the demised premises from Landlord or Landlord's designated agent and pay therefor an amount equal to connect any additional electrical equipment 105% of any type Landlord's Average Cost (as hereinafter defined) applied to all electricity consumed in or in connection with the Building electric distribution systemdemised premises during the applicable billing period, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines as measured by the use of which in conjunction with other fixtures, equipment and machines submeters in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingdemised premises.
Appears in 1 contract
Electricity. 14.01 (a) Tenant agrees to make its own arrangements with the public utility company (the "Utility") servicing the Demised Premises for electric service and for the payment of all charges for electricity consumed by Tenant in the Demised Premises. In no event shall obtain Owner be responsible for the supply of electricity or for the charges for electricity consumed at the Demised Premises by Tenant. Owner represents that the Demised Premises are directly metered, that a meter is currently existing for the Demised Premises on a direct for use by Tenant and that such meter basis, is in working order. Tenant shall be responsible for keep all electric meters and pay to electrical equipment exclusively serving the applicable utility all charges for electricity as measured by such meter. Landlord Demised Premises in good order and repair, at it own cost and expense.
(b) Owner shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service furnished to the Demised Premises by reason of any requirement, act or omission of the Utility or for any other reason not attributable to the negligence of Owner, whether electricity is changed provided by public or is no longer available private utility or suitable for Tenant’s requirementsby any electricity generation system owned and operated by Owner.
(c) Tenant shall at all times comply with the rules and regulations applicable to service, equipment, wiring and requirements of the Utility. Any additional riser or risers to supply Tenant’s Tenant shall not use any electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessequipment which, in Landlord’s Owner's reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never would exceed the capacity of the feeders existing risers, conductors and equipment serving the Demised Premises or interfere with the electrical service to other tenants of the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforBuilding. Tenant shall not make no or perform or permit the performing of any alterations to wiring installation for other electrical facilities in or additions to serving the electric equipment and/or appliances Demised Premises without the prior written consent of Landlord Owner in each instance, which consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding anything Should Owner grant any such consent, all additional risers or other equipment required therefor shall be installed by Owner and the cost thereof shall be paid by Tenant as additional rent, payable upon demand. Tenant shall furnish and install, at its expense, all replacement lighting tubes, lamps, bulbs and ballasts required in the Demised Premises.
(d) The Utility currently serving the Demised Premises (the "Electric Service Provider") is Con Edison. Owner shall have the right (subject to any applicable laws), at any time and from time to time, to contract for electrical service to the contrary hereinBuilding from a different utility company or companies providing electrical service (the "Alternate Service Provider"). In such event, should electric service be interrupted Tenant shall (i) contract for a period electricity from the Alternate Service Provider, and (ii) cooperate with Owner, the Electric Service Provider and any Alternate Service Provider and shall (subject to the provisions of more than five (5Article 13) consecutive business days through the sole fault of Landlord so as provide access to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes electric lines, feeders, risers, wiring and Tenant is able to resume the use of at least seventy-five (75%) percent of any other machinery or equipment in the Demised Premises. Should such Unless the use of an Alternate Service Provider is required under any Requirement, Owner shall pay all costs and expenses incurred by Tenant in connecting to and obtaining electrical service interruption prevent Tenant from using at least seventy-five the Alternate Service Provider (75%including, without limitation, the cost of installation of any additional electrical lines, feeders and risers in connection therewith). In no event, however, shall Owner be required to pay for any portion of the cost of Tenant's electric service.
(e) of The electrical wiring conductors, feeders, meters and disconnect switches serving the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have a nominal capacity of not less than 150 amps, three phase, 208 volts in accordance with the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional New York City electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers code and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingsimilar Requirements.
Appears in 1 contract
Samples: Loft Lease (Firetector Inc)
Electricity. 14.01 Tenant shall obtain electricity pay to Landlord, as Additional Rent, for each Lease Year during the Demised Main Term and any Renewal Term (as defined in the Addendum to Lease), an amount equal to the amount of Electricity charges attributable to the Premises as determined by Landlord in accordance with this Section 4.06. Tenant shall pay to Landlord at the rate paid by Landlord to the utility service company or companies providing electric, gas or other energy to the Building plus all charges for electricity, gas or other energy applicable to the Premises, at the then prevailing rates for all electricity, gas or energy consumed, used or provided at or to the Premise for Tenant’s heating, air-conditioning, ventilation, lighting, appliances, plug loads and other electrical, gas or energy demands, including all taxes, delivery and administrative charges paid to third parties to read the Meters (defined hereinafter) used to measure Tenant’s electric, gas or energy consumption applicable to the Premises (collectively “Electricity”). Tenant shall pay Landlord for Electricity charges attributable to the Premises on the first day of each month, based upon estimated charges for Electricity consumed as reasonably determined by Landlord and as set forth in a direct meter basisnotice, such notice to include the basis for such calculation, to be provided to Tenant not less than once per calendar year, it being understood that Tenant’s first (1st) payment for Electricity following receipt of such notice shall be due thirty (30) days following receipt of Landlord’s notice. If Landlord shall delay in providing such notice, Tenant shall nonetheless continue to be responsible for making such payments at the previously charged rate and will be responsible to pay any increased charges when such notice is provided by Landlord. If during the course of any Lease Year, Landlord shall have reason to believe that the cost of Electricity or the consumption of Electricity by Tenant are different than that upon which the aforesaid estimates were originally based, then Landlord shall be entitled, but shall not be obligated, not more than one (1) time per calendar quarter, to adjust the amount by reallocating the remaining payment for such Lease Year, for the months of the Lease Year which remain for the revised projections, and to notify Tenant of an adjustment in future monthly amounts, upon receipt of which, Tenant shall pay to the applicable utility all charges for electricity Landlord such adjusted amount as measured by such meterAdditional Rent. Except as otherwise set forth herein, Landlord shall measure and/or calculate the use of Electricity at the Premises by means of flow meters or sub-meters installed on or about the Premises or Building (“Meters”) and shall cause the Meters to be read by a meter reading service not in less than each calendar quarter. With respect to any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either area of the quantity or character of electric service is changed or is no longer available or suitable Premises that does not have Meters for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb Electricity that are separate from other tenants or occupants. In addition to the installation of such riser or riserstenant spaces, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment may measure and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume calculate the use of Electricity at least seventy-five (75%) percent the Premises by reasonable means, taking into account the readings of Meters that are in the Demised PremisesBuilding and the relative consumption of Electricity and operations of Tenant as compared to other tenants sharing electric, gas or other energy service. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease hire a meter reading service to read the Meters at Tenant’s sole cost and expense provided that Tenant’s meter reading service shall be accompanied by giving written notice either a representative or Landlord or Landlord’s meter reading service. As of the date of delivery of the Premises the Meters serving the Premises shall be operating. Landlord, at its expense (subject to Tenant’s obligations under Section 8.03), shall be responsible for maintaining, repairing and replacing the Meters such that the same are in good working order and condition during the Term and any extension thereof. Within ninety (90) days following December 31st of each year, Landlord shall furnish to Tenant a statement covering such year just expired, showing the amount of Tenant’s Electricity costs for such year and the payments made by Tenant with respect to such year as set forth herein. If Tenant’s aggregate monthly payments for such Electricity with respect to such year are greater than the costs attributable to Tenant for same, Tenant shall receive a credit for the excess against monthly Rent payments next becoming due to Landlord no later than or, if the seventieth Lease Term has expired, reimbursement of such excess payment within sixty (70th60) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment days of any type to the Building electric distribution systemsuch determination, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, reimbursement shall not to be unreasonably withheld, conditioned or delayed, in each instancethe preceding clause to survive expiration of this Lease. In no event If said payments are less than the costs attributable to Tenant for same, Tenant shall Tenant use or install any fixtures, equipment or machines pay to Landlord the use difference within thirty (30) days of which in conjunction with other fixtures, equipment receipt of a detailed invoice and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingreasonable back-up from Landlord.
Appears in 1 contract
Electricity. 14.01 Tenant Except as hereinafter provided to the contrary, Landlord shall obtain cause electricity for to be made available to the Demised Premises on for the normal use of lighting and for other items such as (but not limited to) lamps, typewriters and small office equipment not requiring a direct meter basisseparate circuit (small computers, copy machines and fax machines included), and not for any other equipment or installations. As Additional Rent hereunder, Tenant shall pay monthly, commencing with the Lease Commencement Date, one-twelfth (1/12) of Tenant's Proportionate Share of Electrical Expense (as defined in Section 1 above). Tenant shall always pay an amount which is no less than one-twelfth (1/12) of the product of (i) the Initial Electric Charge set forth in Section 1 above and (ii) Tenant's Rentable Square Footage, which amount shall be responsible for payable from the Lease Commencement Date unless and pay until increased pursuant hereto. In the event Landlord permits any tenant in the Building to separately meter its electricity usage, Tenant's Proportionate Share of Landlord's Electrical Expense shall be adjusted to reflect the ratio of (i) Tenant's Rentable Square Footage to (ii) the total rentable square footage of the Building minus the rentable floor area of any separately metered tenants. Any payments to Landlord or to the applicable appropriate utility all charges company by separately metered tenants attributable to electricity consumption in any part of the Building and/or the Property shall directly reduce Landlord's Electrical Expense accordingly, on a dollar for electricity as measured by such meterdollar basis. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers electricity furnished to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises by reason of any requirement, act or cause omission of the public utility serving the Property with electricity or create a dangerous or hazardous condition or interfere with or disturb for any other tenants or occupantsreason not within the control of Landlord. In addition Landlord shall replace all lighting tubes, lights, bulbs and ballasts required in the Demised Premises, at Tenant's expense. All lighting, electrical and kitchen appliances and office equipment to be initially installed in the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith Demised Premises shall be subject to the aforesaid terms and conditionsLandlord's prior written consent. Tenant covenants and agrees that at all times its Tenant's use of electric current electricity in the Demised Premises shall never not, at any time, exceed the capacity of any of the feeders to electrical conductors and equipment in or serving the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforDemised Premises. Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the Landlord's prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical or different fixtures, appliances or equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, (other than lamps, computers typewriters, word processors, copier machines, fax and other small office telex machines which consume comparable amounts of electricity, without Landlord’s prior written consent, and equipment not requiring a separate circuit) to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.the
Appears in 1 contract
Samples: Lease Agreement (I3 Mobile Inc)
Electricity. 14.01 (i) Landlord shall cause electric service to be supplied for lighting the Premises and for the operation of ordinary office equipment 24 hours per-day, 7 days per-week, 365(6) days per-year. Subject to adjustment as provided in subsection 12(c-)(iii) Tenant shall obtain pay Landlord as Additional Rent for such office use electricity for the Demised Electrical Factor in equal monthly installments beginning on the Commencement Date and monthly thereafter on the first day of each month, unless the Premises have been separately metered or submetered.
(ii) Landlord shall have the exclusive right, at Tenant's expense, to make any replacement of lamps, fluorescent tubes and lamp ballasts in the Premises. Landlord may adopt a system of relamping and ballast replacement periodically on a direct meter basisgroup basis in accordance with good management practice, and the charges for same shall be reasonable.
(iii) If, at any time or times after the Commencement Date, the rates at which Landlord purchases electrical energy from the public utility corporation supplying electrical service to the Building, or any charges incurred or taxes payable by Landlord in connection therewith (other than penalties resulting from Landlord's late payments), shall be increased or decreased, or Tenant's use of electricity shall materially increase or decrease, the Electrical Factor shall be increased or decreased, as the case may be, upon demand of either party, in an annual amount which shall fairly reflect the estimated increase or decrease in the annual cost to Landlord of furnishing electrical service to Tenant under the provisions of this Section. If within ten days after any such demand Landlord and Tenant shall fail to agree upon the amount of such increase or decrease in the Electrical Factor then, in lieu of such agreement, the estimated increase or decrease in the annual cost to Landlord of furnishing electrical service to Tenant under the provisions of this Section shall be responsible for and pay finally determined by a reputable, independent electrical engineer selected by Landlord subject to the applicable utility all charges for electricity as measured by reasonable approval of Tenant, who shall certify such meterdetermination in writing to Landlord and Tenant. If Landlord and Tenant are unable to agree upon an independent electrical engineer within thirty (30) days after Landlord shall not in any way be liable or responsible to have first given Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character written notice of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s an independent electrical requirements, upon written request to Tenant, will be installed engineer selected by Landlord, at the sole cost and expense of Tenant, unlessthen, in Landlord’s reasonable judgmentsuch event, the same will cause permanent damage or injury to selection of an independent electrical engineer shall be made by the Building or employment of a single arbitrator in accordance with the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to American Arbitrators Association rules then in effect in the installation State of Connecticut, and the determination of such riser or risersindependent electrical engineer, as selected, shall be final. The cost of such arbitration proceeding and any fees charged by such independent electrical engineer shall be paid equally between Landlord will also at the sole and Tenant. The cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and such consultant shall be paid by the Tenant party which fails to prevail in the subsequent determination of the annual Electrical Factor. Following any such agreement or determination, Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. and Tenant shall make no alterations enter into a written supplementary agreement, in form satisfactory to Landlord and Tenant, modifying this Lease by increasing or additions decreasing, as the case may be, the Electrical Factor for the remainder of the Term in an annual cost to Landlord of furnishing electrical service to Tenant, as so agreed or determined. Any such increase or decrease in the electric equipment Electrical Factor shall be effective as of the date of such demand and/or appliances without inspection and survey and shall be retroactive to such date if necessary.
(iv) If Tenant shall consume more electricity than customary for office use in the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of Building (more than five (5) consecutive business days through the sole fault of 6 watts per usable square foot), then Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease xxxxall a submeter at Tenant's expense, measuring Tenant's consumption for lighting, office equipment and HVAC. In such event, from the date of installation of the submeter, Tenant shall pay based on the consumption shown on the meter from time to time, multiplied by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than rate for the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type Building, either directly to the Building electric distribution systemutility company or to Landlord, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines as directed by Landlord at which consume comparable amounts of electricity, without Landlord’s prior written consent, time the Electrical Factor as shown in section 2(v) shall not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingcharged.
Appears in 1 contract
Electricity. 14.01 (A) If Tenant shall obtain electricity requires electric current for use in the Demised Premises on a direct meter basis, Tenant shall be responsible in excess of the amount required for general business office use and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment,
(i) Landlord’s facilities are inadequate for such excess requirements or (ii) such excess use shall result in an additional burden on the Building air conditioning system and additional cost to Landlord on account thereof then, as the case may be, (x) Landlord, at Tenant’s sole cost and expense, will furnish and install such additional wire, conduits, feeders, switchboards and equipment as may be required to supply such additional requirements of Tenant, provided that the same will shall be permitted by law and applicable insurance requirements and shall not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition condition, or interfere with (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid.
(B) Tenant agrees that it will not make any material alteration or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at electrical equipment in the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances Premises without the prior written consent of Landlord in each instanceLandlord, which consent shall will not be unreasonably withheld, conditioned or delayed. Notwithstanding anything .
(C) Landlord will furnish electricity to the contrary hereinPremises through presently installed electrical facilities for Tenant’s reasonable use for lighting, should electric service electrical appliances and equipment. Tenant shall pay, as Additional Rent, the sum of $4,500.00 per year ($1.50/rentable square foot/year) in equal monthly installments with Base Rent. Said Additional Rent shall be interrupted for a period of more than five (5) consecutive business days through subject to proportionate increase(s), from time to time and at any time throughout the Term, to the extent that the rate charged to Landlord by the utility company providing electricity to the Building is increased. Tenant agrees that, at Landlord’s sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent option, an electrical consultant, selected by Landlord, may make periodic surveys of the Demised electrical equipment in the Premises, Fixed Rent shall xxxxx until . In the event such service resumes and Tenant is able to resume the survey(s) indicate that Tenant’s use of at least seventy-five (75%) percent of electricity is greater than $1.50 per rentable square foot, the Demised Premiseselectricity charge shall be adjusted accordingly. Should such service interruption prevent Tenant from using at least seventy-five (75%) of In the Demised event that the Premises is separately metered for more than sixty (60) days and be due to the sole fault of Landlordelectrical usage, Tenant shall have pay all applicable utility charges directly to the provider of such utility. Landlord reserves the right to terminate this Lease by giving written notice change electricity providers at any time, and to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datespurchase green or renewable energy, provided that such change will not materially adversely affect Tenant.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed electrical energy furnished to the Leased Premises by reason of any requirement, act or is no longer available or suitable for omission of the public utility serving the Building with electricity. Tenant’s requirementsuse of electrical energy in the Leased Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Leased Premises as shown on Landlord’s Building Plans. Tenant shall not install or operate in the Leased Premises any electrically operated equipment which uses electric current in excess of the capacity of the feeders and panel boards serving the Leased Premises as shown on Landlord’s Building Plans without Landlord’s written consent, which consent may be conditioned upon Tenant’s agreement to pay the cost of any additional wiring which may be required for the operation of such equipment in order to insure that such capacity is not exceeded and to avert a possible adverse effect upon the Building electrical service Tenant shall give notice to Landlord whenever Tenant shall connect to the Building electrical distribution system any electrically operated equipment other than lamps, typewriters and similar small office machines. Any additional riser feeders or risers to supply Tenant’s electrical requirementsrequirements in addition to those originally installed, upon written request to Tenantand all other equipment proper and necessary in connection with such feeders or risers, will shall be installed by LandlordLandlord upon Tenant’s request, at the sole cost and expense of Tenant, unlessprovided that, in Landlord’s reasonable judgment, such additional feeders or risers are permissible under applicable laws and insurance regulations and the same installation of such feeders or risers will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants of the Building. All Floors occupied entirely by Tenant shall be separately metered or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost sub-metered for electricity and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity parts of the feeders to the Building Leased Premises, may, at Landlord’s option, be separately metered or the risers or wiring installation which Landlord represents is sufficient sub-metered for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforelectricity. Tenant shall make no alterations pay (or additions reimburse Landlord for) the cost of purchasing and installing separate electric meters or sub-meters for each whole Floor and each part of a Floor included in the Leased Premises, and for any other part of the Leased Premises which Landlord elects to have metered or sub-metered. Tenant shall pay directly to the electric equipment and/or appliances without the prior written consent of Landlord public utility company all charges for electricity used by Tenant in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent all parts of the Demised PremisesLeased Premises which are separately metered, Fixed Rent or Tenant shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent reimburse Landlord directly for its electrical usage in all parts of the Demised PremisesLeased Premises which are sub-metered. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant Landlord shall have the right from time to terminate this Lease time to have a survey made by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional an independent electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not engineer or electrical consulting firm to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall selected and paid for by Landlord to determine the amount of electricity consumed by Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload parts of the Leased Premises which do not consist of an entire Floor. Tenant shall pay to Landlord, as monthly intervals upon receipt of an invoice therefor, the cost of electricity it consumes in the parts of the Leased Premises which do not consist of an entire Floor as determined by such electrical circuits servicing the Demised Premises engineer or the Buildingconsulting firm.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain 18.1 Electricity is currently furnished to the Premises by Landlord subject to and in accordance with Article 41 of the Lease and such electricity for is (and will continue to be) metered pursuant to one or more submeters located in, and exclusively measuring, the Demised Premises on a direct meter basis, Tenant Premises. Subtenant shall be responsible for and pay all charges payable by Sublandlord on account of electricity supplied by Landlord to the Premises during the term of the Lease pursuant to Article 41 thereof, and shall pay such charges to Sublandlord as Additional Rent under this Sublease from time to time within fifteen (15) days after delivery to Subtenant of an invoice therefor, which invoice shall be accompanied by a copy of the invoice(s) received by Sublandlord from Landlord for the corresponding period. Subtenant acknowledges that the Premises are currently submetered. Each invoice delivered to Subtenant pursuant to this Section 18.1 shall be accompanied by a copy of the applicable utility all charges for rate statement from the provider of the electricity as measured (to the extent Sublandlord is provided with a copy thereof by such meterLandlord). Landlord Sublandlord shall not in any way be liable or responsible to Tenant Subtenant for any loss or loss, damage or expense which Tenant may sustain that Subtenant sustains or incur incurs if either the quantity or character of electric service is changed or interrupted or is no longer available or suitable for TenantSubtenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury requirements unless due to the Building negligence or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation willful misconduct of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its Sublandlord.
18.2 Subtenant’s use of electric current in the Premises shall never not at any time exceed the capacity of any of the feeders electrical conductors and equipment in or otherwise serving the Premises. Subtenant shall not make, or perform or permit the making or performing of, any alterations to wiring installations or other electrical facilities in or serving the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances Premises without the prior written consent of Landlord in each instance, (if required by the terms of the Lease) and Sublandlord (which consent shall not be unreasonably withheld, conditioned delayed or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5conditioned) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In .
18.3 Sublandlord shall not be liable in any way to Subtenant for any failure or defect in the supply or character of electric energy furnished to the Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity or for any other reason not attributable to Sublandlord.
18.4 Notwithstanding anything contained in this Sublease or in the Lease to the contrary, in no event shall Tenant use Subtenant be required to pay or install reimburse Sublandlord for all or any fixturesportion of (i) any amounts attributable to utilities, equipment services or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload benefits afforded to Sublandlord and/or other occupants of the electrical circuits servicing the Demised Premises Building, but not afforded to Subtenant or the BuildingPremises, or (ii) the cost attributable to any utilities, services or other benefits that is greater than Subtenant’s Share as defined above.
Appears in 1 contract
Samples: Sublease Agreement (Value Line Inc)
Electricity. 14.01 (a) Tenant shall obtain electricity pay to Landlord as Additional Rental the sum of $49,000.00 per annum payable in equal monthly installments of $4,083.33 per month (the "Electrical Inclusion Amount") on account of Tenant's consumption of electrical energy in the Demised Premises. The Electric Inclusion Amount 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 will not be in excess of, six xxxxx per rentable square foot of the Demised Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only during normal weekday operating hours of the Building. Accordingly, if Tenant's initial electrical installation exceeds such criteria, or if from time to time Tenant makes material use of electricity during hours other than normal weekday operating hours of the Building, or if from time to time Tenant after completion of its initial installation adds or changes any machinery, appliances or equipment which increases the aggregate electrical load in the Demised Premises, the Electric Inclusion Amount and the Additional Rent shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant's actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant's usage of electricity exceeds the cost of $1.75 per rentable square feet of the Demised Premises. Landlord shall furnish a statement of Landlord's determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Demised Premises and Tenant's electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant's use does not justify an increase in Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a direct meter basissupplementary agreement to reflect such adjustment, which shall be effective from the date of the increase of such usage as determined by such electrical consultant and shall be made retroactively if necessary. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall be responsible for and pay to Landlord the amount of such adjustment as specified in Landlord's statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rent.
(b) Landlord reserves the right to discontinue furnishing electric energy to the Demised Premises at any time upon not less than ninety (90) days notice to Tenant in which event Tenant shall arrange to obtain electric service directly from the utility providing electric service to the Building. If Landlord exercises such right of termination, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that, from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electric energy to Tenant, and the Additional Rent payable under this Lease shall be reduced by the Electric Inclusion Amount then in effect. If Landlord voluntarily discontinues furnishing electric energy to Tenant, Landlord shall, prior to the effective date of such discontinuance, at Landlord's expense, make such changes in panel boards, feeders, risers, wiring and other conductors and equipment to the extent required to permit Tenant to obtain electric energy directly from the public utility company. If, on the other hand, Landlord is required by any legal requirements to discontinue furnishing electric energy to Tenant, Landlord shall make such changes in panel boards, feeders, risers, wiring and other conductors and equipment in order to permit Tenant to obtain electric energy directly from the public utility company.
(c) If any tax is imposed upon Landlord with respect to electrical energy furnished as a service to Tenant by any government authority, Tenant agrees that, where permitted by law or applicable utility all charges for electricity as measured regulations, Tenant's pro rata share of such taxes shall be reimbursed by such meter. Tenant to Landlord upon demand.
(d) Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its 's use of electric current in the Demised Premises shall never not at any time exceed the capacity of any of the feeders electrical conductors and facilities in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert any possible adverse effect upon the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Building's electric service, Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the Landlord's prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical fixtures, appliances or equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, (other than a reasonable number of table or floor lamps, computers typewriters, word processors, small computers, photocopy machines and other similar small office machines which consume using comparable amounts of electricity, without Landlord’s prior written consent, not electric current) to be unreasonably withheld, conditioned the Building's electric distribution system nor make any alteration or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines addition to the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload electric system of the electrical circuits servicing the Demised Premises or the Building.Demised
Appears in 1 contract
Samples: Lease (Matrixone Inc)
Electricity. 14.01 (a) Tenant acknowledges and agrees that there is no sub-meter or separate electrical meter in the Premises for the purpose of measuring Tenant’s use and consumption of electricity in the Premises. Tenant shall obtain electricity make direct payment to Landlord of Tenant’s Original Electrical Factor for the Demised Premises on a direct meter basisoperation of lights and plugs in the Premises. Landlord shall permit Landlord’s existing wires, Tenant shall pipes, risers, conduits and other electrical equipment of Landlord to be responsible used for and pay the purpose of providing electrical service to the Premises. Tenant covenants and agrees that its electrical usage and consumption will not disproportionately “siphon off” electrical service available to the Building and that its total connected load will not exceed the maximum load from time to time permitted by applicable utility all charges for electricity governmental regulations nor the design criteria of the existing Building electrical capacity. Except as measured by such meter. provided in Section 7.4(c), Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if if, during the Term of this Lease, either the quantity or character of electric service current is changed or electric current is no longer available or suitable for Tenant’s requirementsrequirements due to a factor or cause beyond Landlord’s control. Any additional riser Tenant shall purchase and install all lamps, tubes, bulbs, starters and ballasts. As provided in this Section 7.5 and in Section 9.2(b) below, Tenant shall pay all charges for electricity, HVAC and other utilities used or risers consumed in the Premises. Tenant shall bear the cost of repair and maintenance of any electric, water or gas meter used or to supply be installed in and serving exclusively the Premises. In the event Landlord, at its sole cost and expense, elects to install an electric meter serving the Premises, from and after such installation, Tenant shall pay for Tenant’s electrical requirements, consumption in the Premises based upon written request to Tenant, will be installed by Landlord, the usage shown on such meter and at the sole actual cost charged for such electrical service by the applicable utility provider and expense of Tenant will have no further obligation to pay Tenant’s Original Electrical Factor.
(b) In order to insure that the foregoing requirements are not exceeded and to avert possible adverse affect on the Building’s electrical system, unlessTenant shall not, in without Landlord’s reasonable judgmentprior consent, the same will cause permanent damage connect any fixtures, appliances or injury equipment to the Building or the Demised Premises or cause or create Building’s electrical distribution system which operates on a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsvoltage in excess of 120 volts nominal. In addition If Landlord shall consent to the installation connection of any such riser fixtures, appliances or risersequipment, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the additional risers or wiring installation which other electrical facilities or equipment required therefor shall be provided by Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and cost thereof shall be paid by Tenant upon Landlord’s demand as Additional Rent. From time to time during the Tenant to the Term of this Lease, Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease have an electrical consultant selected by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment make a survey of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancyelectric usage, other than lamps, computers the result of which shall be conclusive and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayedbinding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (a), in each instance. In no event shall addition to any other rights Landlord may have hereunder, Tenant use or install any fixturesshall, equipment or machines upon demand, reimburse Landlord for the use costs of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingsuch survey.
Appears in 1 contract
Samples: Lease Agreement (Bladelogic Inc)
Electricity. 14.01 A. Landlord shall furnish electrical energy required for lighting, electrical facilities, equipment, machinery fixtures, and appliances used in or for the benefit of Tenant's Space, in accordance with the provisions of the Lease of which this Exhibit is a part.
B. Tenant shall obtain electricity for the Demised Premises on a direct meter basisnot, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of notice to Landlord in each instance, connect to the building electric distribution system any fixtures, appliances or equipment other than normal office machines such as desk-top calculators, typewriters, desk-top computers and printers, and copiers, or any fixtures, appliances or equipment which consent Tenant on a regular basis operates beyond normal building operating hours. In the event of any such connection, Tenant agrees to pay, as Additional Rent, an amount which will reflect the cost to Landlord of the additional electric service to be furnished by Landlord, such Additional Rent to be due as of the date of any such installation. If Landlord and Tenant cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof.
C. Tenant's use of electrical energy in Tenant's space shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to at any time exceed the contrary herein, should electric service be interrupted for a period capacity of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent any of the Demised Premises, Fixed Rent shall xxxxx until electrical conductors or equipment in or otherwise serving Tenant's Space. In order to insure that such service resumes capacity is not exceeded and Tenant is able to resume avert possible adverse effect upon the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordbuilding electric service, Tenant shall have the right to terminate this Lease by giving not, without prior written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install , connect to the building electric distribution system any fixtures, appliances or equipment which operate on a voltage in excess of 120 volts nominal or machines make any alteration or addition to the use electrical system of which in conjunction with other Tenant's Space. Unless Landlord shall reasonably object to the connection of any such fixtures, appliances or equipment, all additional risers or other equipment required therefore shall be provided by Landlord, and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.cost thereof shall be paid by Tenant upon Landlord's demand. In
Appears in 1 contract
Samples: Lease Agreement (Corporate Realty Income Fund I L P)
Electricity. 14.01 SECTION 1. As an incident to this Lease, after the Commencement Date, Landlord shall furnish to Tenant electric current at the Electric Energy Charge to be used by Tenant in, or in connection with, the lighting fixtures and Tenant's ordinary office equipment to be installed in the Demised Premises, exclusive of such instrumentalities for electricity and/or HVAC so located in the Operations Center and After Hours HVAC so located in the Executive Center which are to be separately submetered as further referenced in Section 5 of this Article 5 and Section 1 of Article 7 hereof. The term "ordinary office equipment" as used throughout this Article shall obtain electricity for include, but shall not be limited to, computers (provided the same does not constitute a mainframe operation), computer printers, facsimile machines and copiers. The Electric Energy Charge does not include heating, ventilating, and air-conditioning furnished to the Demised Premises through the Building's heating, ventilating, and air conditioning system(s) during Standard Business Hours, which is an operating expense of Landlord. The Electric Energy Charge shall be deemed additional rent and, in the event of any non-payment thereof, Landlord shall have all rights and remedies provided for herein or by law for non-payment of rent. Tenant shall pay Landlord the Electric Energy Charge in equal monthly installments of $19,295.16, or such greater amount if Tenant opts to lease additional space pursuant to Article 34 hereof, simultaneously with the payment of Base Rent under this Lease, provided, however, that: (i) Tenant shall pay Landlord $19,295.16 on the first day of each month prior to the commencement of the first Rent Year (except that if the Commencement Date is other than on the first day of a direct meter basiscalendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the Commencement Date); (ii) Tenant shall pay Landlord the Electric Energy Charge in monthly installments of $19,295.16, or such greater amount if Tenant opts to lease additional space pursuant to Article 34 hereof, on the first day of each of the four months during the third Rent Year where there is a Base Rent abatement as provided in Section 2 of Article 3 and Section 2 of Article 42 of this Lease; and (iii) until the date Landlord tenders the First Floor Demised Premises to Tenant, Tenant shall be responsible for and pay Landlord the Electric Energy Charge in monthly installments of $18,170.16, calculated by reducing the number of square feet attributable to the First Floor Demised Premises, deemed to be 7,200 square feet (except that if the Commencement Date is other than on the first day of a calendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the Commencement Date). Upon the first day of the month following completion of all Tenant's Work pertaining to the Operations Center, under Article 2, as well as completion of all submetering of the Operations Center, under Article 5, Section 5, the amount of square footage used for calculating the monthly installments of the Electric Energy Charge under this Section 1 shall be reduced by the amount of square footage of the Operations Center. However, at any time and from time to time during the Lease Term, provided it is then permissible under the provisions of law and requirements of all applicable utility all charges authorities, Landlord shall have the option to have electricity supplied to the Demised Premises in accordance with either Section 5 or 6, in which event Tenant shall pay for electricity as measured by such meterprovided in accordance with either Section 5 or 6 in lieu of paying the Electric Energy Charge. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character require specific parts of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines items in the Demised Premises would result including, but not limited to extraordinary office equipment and separate HVAC systems to be submetered in an overload of which case, Tenant shall pay the electrical circuits servicing submeter charge for such item or items in accordance with Section 5 in addition to its obligation to pay the Demised Premises or the BuildingElectric Energy Charge.
Appears in 1 contract
Samples: Lease Agreement (Atlas Air Inc)
Electricity. 14.01 Section 13.01 Landlord has installed in the Building and the Premises such electrical risers, feeders and wiring as shall be necessary to permit Tenant shall obtain electricity to receive electrical energy for (a) Tenant’s reasonable use of normal office equipment and such lighting, electrical appliances and other machines and equipment as Landlord may reasonably permit to be installed in the Premises and (b) the operation of the heating, ventilating and air conditioning system serving the Premises. Landlord has installed, at Landlord’s expense, a meter for the Demised Premises purpose of measuring electrical consumption on a direct meter basisthe tenth (10th) floor of the Building (“Tenant’s Floor”). Landlord shall maintain, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by service, repair and, if necessary, replace such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed demand by Landlord, at shall pay to Landlord, as Additional Rent, an amount equal to 31.99% of the sole cost costs incurred by Landlord in connection with such maintenance, service, repair and expense of Tenant, unless, in Landlord’s reasonable judgment, replacement. Following the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risersCommencement Date, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease cause an electrical engineer or a utility consultant selected by giving written Landlord to make a survey of Tenant’s connected power load and the connected power load of that portion of the rentable area of the Tenant’s Floor not included within the Premises. Landlord, at Landlord’s option, shall have the right, at any time and from time to time during the Term, to cause similar surveys to be made. The term “Tenant’s Share” shall mean 31.99% or that percentage equal to Tenant’s percentage of the aggregate of the connected power load for the entire rentable area of the Tenant’s Floor as determined from time to time pursuant hereto, plus 5% of Tenant’s Share for Landlord administrative and overhead charges. The findings of Landlord’s engineer or consultant shall be binding on Landlord and Tenant, subject to adjustment as hereinafter provided. Promptly after receipt by Landlord of a xxxx from the public utility company furnishing electrical energy to the Tenant’s Floor, Landlord shall furnish to Tenant a copy thereof together with a request for payment to Landlord by Tenant of Tenant’s Share of such xxxx. Tenant shall promptly pay to Landlord, as Additional Rent, Tenant’s Share of such xxxx. In the event Tenant shall dispute any findings of the engineer or consultant designated by Landlord, Tenant may, within thirty (30) days of receiving notice of such findings, designate by notice to Landlord no later an independent electrical engineer or utility consultant to make, at Tenant’s sole cost and expense, another determination of Tenant’s connected power load. If the engineer or consultant selected by Tenant shall determine that Tenant’s connected power load is less than as determined by Landlord’s engineer or consultant and the seventieth two are unable to adjust such difference within twenty (70th20) consecutive day days after the determination made by Tenant’s engineer or consultant is delivered to Landlord, the dispute shall be resolved by arbitration in accordance with Article 28. Pending a final determination pursuant to such arbitration, however, Tenant shall pay Landlord for such electrical energy based on the determination of Landlord’s engineer or consultant’ and, if it is determined that Tenant has overpaid, Landlord shall reimburse Tenant for any overpayment at the conclusion of such arbitration. In any such arbitration, the third arbitrator to be appointed shall be an electrical engineer having at least five (5) years’ experience in similar matters in New York City. Landlord will permit electrical risers, feeders and vacating no later than wiring in the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Building serving the Premises to be used by Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution systemextent that they are available, beyond that on Tenant’s approved plans suitable, safe and within the plan and design capacities for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Electricity. 14.01 Tenant (a) Landlord shall obtain provide electricity for to the Demised Premises on a direct meter basis, Tenant submetering basis from the existing risers and switches on the floor. Tenant's consumption of electricity shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not one independent time of day (or use) submeter measuring electrical consumption only in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be Demised Premises furnished and installed by Landlord, at the sole cost of Landlord , and read by Landlord (Tenant shall have the right to have a representative present when such meter is read). If Tenant shall require electricity exceeding the available service capacity, any additional risers, feeders and similar electrical equipment which may be required, shall be installed by Tenant , at the expense of Tenant, unless, to and for the use of Tenant in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create during the term hereof. Landlord represents that the available service capacity of electricity in the Demised Premises will be not less than six (6) xxxxx demand load per usable square foot (exclusive of Building HVAC). Any riser(s) shall terminate at a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsdisconnect switch to be located at a point designated by Landlord in electrical closet(s) on each floor of the Demised Premises. In addition Such disconnect switch shall be the sole source from which Tenant is to obtain electricity. Such submeter shall at all times be maintained by Tenant, at its expense, unless damaged due to the installation negligence or willful misconduct of such riser Landlord, its agents, employees or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionscontractors. Tenant covenants and agrees to purchase electric power from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this Lease by Landlord, but in no event more than those actually incurred by Landlord to purchase electric current from the Electric Service Provider or Alternate Service Provider (as said terms are hereinafter defined), as the case may be, plus a fee equal to six (6%) percent of such charges, representing agreed upon administrative and overhead costs to Landlord. Bills therefor shall be rendered monthly (and if more than one submeter, billing of all submeters to be made conjunctively) or at such other times as Landlord may elect (but no more frequently than monthly) and the amount, as computed from such meter, shall be deemed to be, and be paid as, additional rent, within fifteen (15) days thereafter, without any set-off or deduction. If any tax is imposed upon Landlord's receipt from the sale or resale of electric energy to Tenant by any federal, state or municipal authority, Tenant covenants and agrees that, where permitted by law, Tenant's PRO RATA share of such taxes shall be passed on to, and included in the xxxx of, and paid by, Tenant to Landlord.
(b) Landlord has advised Tenant that presently Con Edison ("Electric Service Provider") is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the term of this Lease to either contract for service from a different company or companies providing electricity service for the office tenants of the Building (each such company shall hereinafter be referred to as an "Alternate Service Provider") provided the rates of such Alternate Service Provider shall be competitive, or continue to contract for service from the Electric Service Provider.
(c) Tenant shall cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all reasonable times its and, upon prior reasonable notice, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery within the Demised Premises, provided that during any such access such parties shall use reasonable efforts to minimize interference with the normal conduct of Tenant's business, provided overtime or premium labor shall not be required, and shall repair any damage to the Demised Premises resulting from such access.
Section 23.02. Landlord shall not be liable in any way for any loss, damage or expense that Tenant may sustain or incur by reason of or any failure, change, interruption or defect in the supply or character of electric current energy furnished to the Demised Premises by reason of any requirement, act or omission of the Electric Service Provider or Alternate Service Provider serving the Building with electricity and no such failure, change, interruption or defect shall never constitute an act of constructive eviction, in whole or in part, or entitle Tenant to any abatement of minimum rent or additional rent or relieve Tenant of its obligations under this Lease. Tenant shall furnish and install, at its sole cost and expense, all lighting fixtures, tubes, lamps, bulbs, ballasts and outlets relating to Tenant's electrical equipment.
Section 23.03. Tenant's connected electrical load in the Demised Premises, including lighting, shall not at any time exceed the capacity of any of the feeders electrical conductors and equipment in or servicing the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. electric service, Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the Landlord's prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned withheld or delayed, connect any additional fixtures, appliances or equipment (other than ordinary office equipment) or make any alteration or addition to the electric service of the Demised Premises existing on the date Tenant first occupies the Demised Premises for its business purpose. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant within fifteen (15) days after demand therefor.
Section 23.04. Landlord reserves the right to discontinue furnishing electric energy at any time, whether or not Tenant is in default under this Lease, upon not less than thirty (30) days' notice to Tenant, provided Landlord discontinues furnishing electricity to all other tenants in the Building. If Landlord exercises such right of discontinuance, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that, from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electric energy to Tenant. If Landlord so elects to discontinue furnishing electric energy to Tenant, Tenant shall arrange to obtain electric energy directly from the Public Service Provider or Alternate Service Provider furnishing electric service to the Building. Notwithstanding anything the foregoing, Landlord shall not discontinue furnishing electric energy until Tenant is able to obtain such electric energy directly from said Public Service Provider or Alternate Service Provider. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the contrary hereinextent that they are available, should suitable and safe for such purposes. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric service energy directly from such public utility company, and which are to be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of located within the Demised Premises, Fixed Rent shall xxxxx until such service resumes be installed and maintained by Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesits expense.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Samples: Lease Agreement (TMP Worldwide Inc)
Electricity. 14.01 15.01. Landlord shall furnish the electric energy that Tenant shall obtain electricity require in the Demised Premises. Tenant shall pay to Landlord, as additional rent, the costs and charges for all electric energy furnished to Tenant at the Demised Premises. Additional rent for such electric energy shall be calculated and payable in the manner hereinafter set forth.
15.02. Within a reasonable time after the commencement of the term of this Lease, subsequent to Tenant's having taken occupancy of the Demised Premises and having installed and commenced the use of Tenant's electrical equipment, Landlord, at Tenant's sole expense, shall cause a survey to be made by a reputable independent electrical engineer or similar agency of the estimated use of electric energy (other than for heat and air conditioning) to the Demised Premises, and shall compute the cost thereof for the quantity so determined at prevailing retail rates. Tenant shall pay Landlord the cost of such electric energy, as so calculated, on a direct meter monthly basis, as additional rent, together with its payment of fixed rent. Notwithstanding the foregoing, if the survey evidences an increase in accordance with this Article of 5% or less, then the cost of such survey shall be borne by Landlord. Until such time as Landlord shall complete the aforedescribed survey, Tenant shall be responsible pay to Landlord, each and every month, as additional rent, for and pay on account of Tenant's electrical consumption, the sum of $369.79 to be applied against Tenant's obligations hereunder. Upon completion of the survey, there shall be an adjustment for the period from the Commencement Date through the date that the results of the survey shall be effectuated as shall be required. Landlord shall have the right, at any time, during the term of this Lease, to cause the Demised Premises to be resurveyed. In the event that such resurvey shall indicate increased electrical consumption by Tenant at the Demised Premises, there shall be an adjustment in the amount paid by Tenant to Landlord for Tenant's electrical consumption in accordance with the resurvey as well as an adjustment retroactive to the applicable utility all charges date Landlord establishes Tenant's increase in electrical consumption in excess of the consumption established by the prior survey. Landlord shall submit to Tenant the results of any electrical survey and the same shall be deemed binding upon Tenant unless Tenant shall object to same within ninety (90) days of the date that Landlord shall furnish Tenant with the results of the survey. Tenant shall have the right, at Tenant's sole cost and expense, to conduct its own independent survey. In the event that Landlord and Tenant cannot agree upon the results of a survey the same shall be submitted to arbitration in accordance with Article 33, provided, however, until such time as the arbitration shall have been concluded, the results of Landlord's survey shall be utilized for electricity as measured by such meterthe purposes of determining Tenant's electrical consumption with an appropriate adjustment to be made based upon the results of the arbitration.
15.03. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers energy furnished to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises by reason of any requirement, act, or cause omission of the public utility serving the Building with electricity or create a dangerous or hazardous condition or interfere with or disturb for any other tenants or occupantsreason. In addition to the installation of such riser or risers, Landlord will also at the sole cost shall furnish and expense of Tenant, install all other equipment proper replacement lighting tubes, lamps, bulbs, and necessary ballasts required in connection therewith subject to the aforesaid terms and conditionsDemised Premises at Tenant's expense.
15.04. Tenant covenants and agrees that at all times its Tenant's use of electric current energy in the Demised Premises shall never not at any time exceed the capacity of any of the feeders electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. electric service, Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the Landlord's prior written consent of Landlord in each instance, instance (which consent shall not be unreasonably withheld), conditioned connect any additional fixtures, appliances, or delayed. Notwithstanding anything equipment to the contrary herein, should Building electrical distribution system or make any alteration or addition to the electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant upon Landlord's demand. As a condition to granting such consent, Landlord, at Tenant's sole expense, may cause a new survey to be made of the use of electric energy (other than for more than sixty (60heating and air-conditioning) days in order to calculate the potential additional electric energy to be made available to Tenant based upon the estimated additional capacity of such additional risers or other equipment. When the amount of such increase is so determined, and the estimated cost thereof is calculated, the amount of monthly additional rent payable pursuant to Section 15.02 hereof shall be due adjusted to reflect the additional cost, and shall be payable as therein provided.
15.05. If the public utility rate schedule for the supply of electric current to the sole fault Building shall be increased during the term of this Lease, the additional rent payable pursuant to Section .15.02 hereof shall be equitably adjusted to reflect the resulting increase in Landlord's cost of furnishing electric service to the Demised Premises effective as of the date of any increase. Landlord and Tenant agree that the rate charged to Tenant for electricity shall not be greater than the rate Tenant would have paid had the Demised Premises been separately metered.
15.06. Tenant agrees within three (3) months from the Commencement Date to submit to Landlord a list of fixtures and equipment utilizing electric current including, but not limited to, copying machines, computers and word processing equipment and equipment of a similar nature. On the first day of each calendar quarter thereafter, Tenant shall have the right to terminate this Lease by giving written notice submit to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect a statement indicating any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines substantial changes in the Demised Premises would result in an overload of list previously supplied as same may be updated by the electrical circuits servicing the Demised Premises or the Buildingrequired quarterly statements.
Appears in 1 contract
Electricity. 14.01 15.01. To the extent available at the Property, Tenant shall obtain electricity electric service directly from the provider and provide evidence satisfactory to Landlord that electric charges for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is have been changed or is no longer available or suitable for into Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient name for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord billing purposes within ten three (103) days after the rendering of any xxxx or statement Actual Delivery Date. Any utility service agreement with respect to the Tenant therefor. Tenant shall make no alterations or additions Premises is subject to the electric equipment and/or appliances without the prior written consent of Landlord in each instanceLandlord’s approval, which consent approval shall not be unreasonably withheld. If electric is submetered, conditioned or delayed. Notwithstanding anything Tenant shall pay to Landlord, as Additional Rent for such service, during the Term, an amount equal to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through amount Landlord actually pays to the sole fault of Landlord so as utility company to prevent Tenant from using at least seventy-five (75%) percent of provide electricity to the Demised Premises, Fixed Rent shall xxxxx until such including all applicable surcharges, demand charges, taxes and other sums payable in respect thereof, without any xxxx-up, service resumes charge or other additional fees or profit margin imposed by Landlord and Tenant is able shall receive the net of any rebates or credits actually received by Landlord in respect of such electricity supplied to resume the use Premises and paid for by Tenant, based on Tenant's demand and/or consumption of electricity as registered on a meter or sub-meter installed by Landlord for purposes of measuring such demand and consumption. Landlord, at least seventyLandlord's sole cost and expense (but subject to recoupment by Landlord pursuant to Sections 5.05 and 5.06) shall maintain such meters or sub-five (75%) percent of the Demised Premisesmeters in good working order. Should such service interruption prevent Tenant from using If at least seventy-five (75%) of any time the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, are not separately metered Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than audit such readings, bills and calculations. For the seventieth (70th) consecutive day avoidance of doubt, electric energy for the HVAC system and vacating no later than all common areas of the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Building is included in Operating Expenses, and Tenant as to both datesshall pay Tenant’s Percentage of the same.
14.02 15.02. Landlord shall not be liable in any way to Tenant agrees not for any failure or defect in the supply or character of electric energy furnished to connect any additional electrical equipment the Demised Premises by reason of any type to requirement, act, or omission of the public utility serving the Building electric distribution systemwith electricity or for any other reason. Landlord shall furnish and install all replacement lighting tubes, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers bulbs, and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines ballasts required in the Demised Premises would result at Tenant’s expense.
15.03. Tenant’s use of electric energy in an overload the Demised Premises shall not at any time exceed the capacity of any of the electrical circuits servicing conductors and equipment in or otherwise serving the Demised Premises or the BuildingPremises.
Appears in 1 contract
Samples: Lease Agreement (UroGen Pharma Ltd.)
Electricity. 14.01 Except as provided in this Section, Landlord shall furnish to Tenant shall obtain throughout the Term (and as more particularly set forth in Exhibit D) electricity for the Demised operation of lighting fixtures, and 120 volt current for the operation of normal office fixtures and equipment (including desk-top computers), but excluding any high energy consumption equipment. Tenant covenants and agrees to pay, as an additional charge, an annual amount equal to the product of the Electricity Reimbursement specified in Section 1.1 and the number of square feet in the Rentable Floor Area of the Premises. Such amount shall be paid in equal monthly installments (pro-rated for any partial month) on the Term Commencement Date and the first day of each subsequent calendar month during the Term. At any time and from time to time, Landlord may increase the per square foot amount of Electricity Reimbursement provided that such increase (i) results in a rate fairly reflecting Landlord’s then actual cost of supplying such electricity and/or (ii) is based on Landlord’s reasonable judgment that Tenant’s electricity consumption exceeds the permitted level of consumption as described in the first sentence of this Section 2.7. Any such increases shall become effective as of the dates of notification thereof by Landlord to Tenant. Landlord may, at any time, at its sole election, discontinue the furnishing of electric current upon not less than two month’s notice (or such longer time as may be required to make arrangements with the electric utility for direct service provided Tenant exercises its best efforts to complete said arrangements as soon as possible), whereupon Tenant’s obligation to pay additional charges under this Section shall cease. In electing to discontinue furnishing electric current, Landlord shall not discriminate between Tenant and other Tenants of the Building similarly situated with respect to the reason for discontinuance of electric service. If Landlord elects to discontinue electric service, Tenant shall contract directly with the utility company supplying electric current and Landlord shall, at its expense, bear all capital costs associated with converting the Premises on a direct meter basisto utility company service and shall furnish and install, in the Premises or other location, necessary transmission lines and metering equipment used in connection with measuring Tenant’s consumption of electric current. Tenant shall be responsible for maintenance and pay repair of such transmission and metering equipment during the balance of the Term. If Tenant requires electricity in excess of that supplied by Landlord or if Tenant, pursuant to this Section, obtains its electricity directly from the utility company, Landlord shall, upon request, cooperate with Tenant in the installation of any equipment, wiring, conduits, and the like required for such electricity to the applicable utility Premises provided that Tenant shall reimburse Landlord for all charges for electricity as measured by such meter. additional costs incurred and further provided that Landlord shall not in be required to take any way be liable action which is inconsistent with applicable law, insurance regulation, or responsible to Tenant for any loss that entails excessive or damage unreasonable alterations or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury repairs to the Building Project or the Demised Premises or cause or create a dangerous or hazardous condition or interfere interference with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity occupants of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesProject.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Electricity. 14.01 Tenant covenants and agrees to pay as Additional Rent the cost of electricity used in or for the Premises (including, without limitation, air handling units or other HVAC equipment serving the Premises), for Supplemental Equipment, and, if applicable, for any special equipment installed by or for Tenant elsewhere in the Building, which shall be submetered and billed to Tenant monthly. Landlord may, at any time, at its sole election, discontinue the furnishing of electric current upon not less than three months’ notice (or such longer time as may be required to make arrangements with the electric utility for direct service provided Tenant exercises diligent efforts to complete said arrangements as soon as possible), whereupon Tenant’s obligation to pay Additional Rent under this Section shall cease. In electing to discontinue furnishing electric current, Landlord shall not discriminate between Tenant and other tenants of the Building similarly situated with respect to the reason for discontinuance of electric service. If Landlord elects to discontinue electric service, Tenant shall obtain electricity for contract directly with the Demised utility company supplying electric current and Landlord shall, at its expense, bear all costs associated with converting the Premises on a direct meter basisto utility company service and shall furnish and install, in the Premises or other location, necessary transmission lines and metering equipment used in connection with measuring Tenant’s consumption of electric current. Tenant shall be responsible for maintenance and pay to repair of such transmission and metering equipment during the applicable utility all charges for electricity as measured by such meterbalance of the Term. Tenant covenants and agrees that Landlord shall not in any way no event be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either the quantity quality or character of electric electrical service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the risers or wiring or installation which of the Building. Subject to Landlord’s reasonable rules and regulations governing the same, Tenant shall obtain and pay, as and when due, for all other utilities and services consumed in and/or furnished to the Premises, together with all taxes, penalties, surcharges and maintenance charges pertaining thereto. In the event any governmental entity promulgates or revises any Legal Requirements after the Term Commencement Date, or issues mandatory controls after the Term Commencement Date relating to the use or conservation of energy, water, gas, light or electricity, or the provision of any other utility or service furnished by Landlord represents is sufficient for ordinary office usein the Building, Landlord may take any appropriate action to comply with such provision of Legal Requirements or mandatory controls, including the making of alterations to the Building, subject, however, to the terms and conditions of this Lease. It is further covenanted Neither Landlord’s actions nor its failure to act shall entitle Tenant to any damages, xxxxx or suspend Tenant’s obligation to pay Annual Fixed Rent and agreed Additional Rent or constitute or be construed as a constructive or other eviction of Tenant except as otherwise specifically set forth herein. The parties hereto shall comply with all mandatory energy conservation controls and requirements applicable to the Building that are imposed or instituted by the Tenant federal, state, county or municipal governments after the Term Commencement Date and are of general applicability to the occupants of the Building, including, without limitation, controls on the permitted range of temperature settings in office/retail buildings, and requirements necessitating curtailment of the volume of energy consumption or the Hours of Operation of the Building. Any terms or conditions of this Lease that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and conflict or interfere with compliance with such controls or requirements shall be paid by suspended for the Tenant to the Landlord within ten (10) days after the rendering duration of any xxxx such controls or statement to the Tenant thereforrequirements. Tenant shall make no alterations Compliance with such controls or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent requirements shall not be unreasonably withheldconsidered an eviction, conditioned actual or delayed. Notwithstanding anything to the contrary hereinconstructive, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent Premises and shall xxxxx until such service resumes and not entitle Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice or to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment an abatement of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingrent payable hereunder.
Appears in 1 contract
Samples: Lease Agreement (Pegasystems Inc)
Electricity. 14.01 Tenant shall obtain electricity for (1) From and after the Demised Premises on a direct meter basisDelivery Date, Tenant shall pay for all electricity, gas, water and all other utilities used or consumed by Tenant, as Additional Rent.
(2) Tenant shall pay for its electrical use based on check-meters installed as part of the Finish Work. Additional Rent for electricity shall be invoiced by Landlord based on Landlord’s readings of check meters serving the Premises or, if not check metered at any time during the Term, based on Tenant’s usage of such utilities which shall be reasonably estimated by Landlord’s Building engineer. Additional Rent for electricity may be estimated monthly by Landlord, based upon the reasonable estimate of Landlord’s engineer, and shall be paid monthly by Tenant as billed with a final accounting based upon actual bills following the conclusion of each Lease Year. The cost of electricity shall be determined with no xxxx-up on the basis of the rate charged for such load and usage in the service classification in effect from time to time pursuant to which Landlord then purchased electric current for the entire Building. If Landlord charges Tenant for electricity on an estimated basis, then such charges shall be reconciled with the actual costs annually thereafter. Any such estimate may be adjusted, if necessary, from time to time by Landlord, to appropriately reflect the cost of electricity delivered to and consumed at the Premises. In the event that Tenant disputes Landlord’s Building engineer’s estimate of Tenant’s usage, Landlord’s estimates of Landlord’s usage or the cost of electricity charged by Landlord in writing within thirty (30) days following Tenant’s receipt of the same, Tenant and Landlord shall cooperate to resolve such dispute. In the event Landlord and Tenant cannot resolve such dispute within thirty (30) days, such dispute shall be submitted to arbitration. The parties shall direct the Connecticut office of the AAA (or, if none, the nearest AAA office responsible for case management in Connecticut) to appoint an arbitrator who shall have a minimum of ten (10) years’ experience in commercial real estate disputes and pay who shall not be affiliated with either Landlord or Tenant. Both Landlord and Tenant shall have the opportunity to present evidence and outside consultants to the arbitrator. The arbitration shall be conducted in accordance with the expedited commercial real estate arbitration rules of the AAA insofar as such rules are not inconsistent with the provisions of this Lease (in which case the provisions of this Lease shall govern). The cost of the arbitration (exclusive of each party’s witness and attorneys’ fees, which shall be paid by such party) shall be borne equally by the parties. Within ten (10) days of appointment, the arbitrator shall determine Tenant’s and/or Landlord’s electricity usage and/or applicable charges. The arbitrator’s decision shall be final and binding on the parties.
(3) Tenant’s use of any utility all service or Building system shall not exceed the Building standards set forth on Exhibit 11.1. If Tenant requests permission to consume excess utility services, Landlord has no obligation to permit Tenant to do so, but may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, additional submeters, air handlers EAST\174041517.9 or cooling units), and the additional usage, installation and maintenance costs shall be paid by Tenant. Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for electricity such services, such as measured by such metergeneration, distribution and stranded cost charges. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. In the event that Tenant’s use of any utility service exceeds the Building standards set forth on Exhibit 11.1 and Tenant does not in decrease such use within ten (10) days of receipt of notice from Landlord of such excessive use, then Landlord may, at Tenant’s sole cost and expense, undertake any way be liable upgrades to the utility service or responsible Building systems servicing the Premises reasonably necessary to address such overburdening and Tenant for shall pay, as Additional Rent, the cost of any loss such excess service or damage or expense which Tenant may sustain or incur if system within thirty (30) days after invoice.
(4) If either the quantity or character of electric utility service is changed by the public utility corporation supplying such service to the Building or the Premises or is no longer available or suitable for Tenant’s requirements. Any additional riser , no such change, unavailability or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessunsuitability 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 Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be agents unless due to the sole fault gross negligence or willful misconduct of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without or Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingagents.
Appears in 1 contract
Samples: Lease Agreement (Arvinas, Inc.)
Electricity. 14.01 Section 13.1. Tenant shall at all times comply with the rules, ------------ regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. The risers serving the Premises shall be capable of supplying six (6) xxxxx of electricity per rentable square foot of the Premises (exclusive of base building HVAC) and Tenant shall not use any electrical equipment which, in Landlord's reasonable judgment, would exceed such capacity or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord's sole judgment, Tenant's electrical requirements necessitate installation of an additional riser, risers or other proper and necessary equipment, Landlord shall so notify Tenant of same. Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electrical capacity (specifying the amount requested) be made available to Tenant. Landlord, in Landlord's sole judgment shall determine whether to make available such additional electrical capacity to Tenant and the amount of such additional electrical capacity to be made available. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any switchgear, the same shall be installed by Landlord. Any such installation shall be made at Tenant's sole cost and expense, and shall be chargeable and collectible as additional rent and paid within ten (10) days after the rendition of a xxxx to Tenant therefor. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the negligence of Landlord, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Landlord.
(A) Unless Landlord elects to supply electricity to the ------------ Premises pursuant to Section 13.3 or Landlord is required by Requirements or the public utility serving the Premises to have Tenant obtain electricity from the public utility furnishing electricity to the Building pursuant to the provisions of Section 13.4 hereof, Landlord shall furnish electric current to the Premises for the Demised use of Tenant for the operation of the lighting fixtures and the electrical receptacles for ordinary office equipment in the Premises on a direct meter "rent inclusion" basis, that is, there shall be no separate charge to Tenant for such electric current by way of measuring such electricity service on any meter. The Fixed Rent set forth in this Lease includes an annual charge for electricity service of Eleven Thousand One Hundred Thirty-Six Dollars ($11,136.00) (the "Base Electricity Inclusion Factor", such amount, as it may be --------------------------------- increased pursuant to the provisions of this Lease, being referred to as the "Electricity Inclusion Factor"). The parties agree that although the charge for ---------------------------- furnishing electrical energy is included in the Fixed Rent on a so-called "rent inclusion" basis, the value to Tenant of such service may not be fully reflected in the Fixed Rent. Accordingly, Tenant agrees that Landlord, at Landlord's option and at Landlord's sole cost and expense, may cause a reputable and independent electrical engineer or electrical consulting firm, selected by Landlord (such engineer or consulting firm being hereinafter referred to as "Landlord's Engineer"), to make a determination, following the commencement of ------------------- Tenant's normal business activities in the Premises, of the Full Value of such service to Tenant. As used herein, the "Full Value" to Tenant of such service ---------- shall mean the product obtained by multiplying the demand and consumption of electric energy at the Premises by the Electric Rate. Landlord's Engineer shall certify such determination in writing to Landlord and Tenant. If the Full Value to Tenant is in excess of the Electricity Inclusion Factor, the Electricity Inclusion Factor and the Fixed Rent shall be increased by such excess. However, if it shall be so determined that the Full Value to Tenant of such service does not exceed the Electricity Inclusion Factor, the Electricity Inclusion Factor shall be decreased by any excess of the Electricity Inclusion Factor over the Full Value, provided, however, that in no event shall the Electricity Inclusion Factor be decreased to an amount less than the Base Electricity Inclusion Factor.
(B) If during the Term the Electric Rate shall increase over the Base Electric Rate, the Electricity Inclusion Factor (and therefore the Fixed Rent) shall be proportionately increased or decreased, as the case may be, provided that in no event shall the Electricity Inclusion Factor be reduced below the Base Electricity Inclusion Factor.
(i) Landlord, from time to time during the Term, may cause Landlord's Engineer to survey the demand and consumption of electrical energy at the Premises (it being agreed that off-peak and on-peak use shall be considered by the Engineer, to the extent relevant, in making the determination of the Full Value). If the then Full Value shall exceed the then Electricity Inclusion Factor, the Electricity Inclusion Factor (and therefore the Fixed Rent), shall be proportionately increased or decreased, as the case may be, based on the increased demand and consumption and the then prevailing Electric Rate, provided that in no event shall the Electricity Inclusion Factor be reduced below the Base Electricity Inclusion Factor.
(ii) Landlord shall furnish to Tenant a written statement (an "Electricity Statement") setting forth Landlord's determination of any increase ---------------------- or decrease (subject to the terms of this Section 13.2) which has occurred in the Full Value and the Electricity Inclusion Factor (and therefore the Fixed Rent) pursuant to the provisions of either Sections 13.2(A), (B), or (C)(i). Any such increase in the Electricity Inclusion Factor and the Fixed Rent shall be effective as of the date of such increase in the Electric Rate or the consumption and demand of electric energy by Tenant and shall be retroactive to such dates if necessary. Any retroactive increase shall be paid by Tenant within ten (10) days after demand and such amount shall be collectible by Landlord as Fixed Rent hereunder.
(iii) Each such Electricity Statement given by Landlord pursuant to Section 13.2(C)(ii) above, shall be conclusive and binding upon Tenant, unless within sixty (60) days after the receipt of such Electricity Statement, Tenant shall notify Landlord that it disputes the correctness of the Electricity Statement. If such dispute is based on Tenant's demand and consumption of electric current, Tenant shall submit a survey and determination of such adjustment, made at its sole cost and expense, by a reputable and independent electrical engineer or electrical consulting firm ("Tenant's Engineer"), within ----------------- sixty (60) days after receipt of such Electricity Statement. If Landlord and Tenant are unable to resolve the dispute differences between them within thirty (30) days after receipt by Landlord of a copy of the determination of Tenant's Engineer, the dispute shall be responsible decided by a third reputable and independent electrical engineer or electrical consulting firm ("Third Engineer"). If the -------------- parties shall fail to agree upon the designation of the Third Engineer within forty (40) days after the receipt by Landlord of the determination of Tenant's Engineer, then either party may apply to the American Arbitration Association or any successor thereto for the designation of the Third Engineer. The Third Engineer shall conduct such hearings as he deems appropriate. The Third Engineer, within thirty (30) days after his designation, shall select the determination of either Landlord's Engineer or Tenant's Engineer and such determination shall be conclusive and binding upon the parties whether or not a judgment shall be entered in any court. The fees of the Third Engineer and the costs of arbitration shall be paid equally by the parties, except that each party shall pay its own counsel fees and expenses, if any, in connection with the arbitration. Pending the resolution of such dispute by agreement or arbitration as aforesaid, Tenant shall pay the increase in the Electricity Inclusion Factor in accordance with the Electricity Statement, without prejudice to Tenant's position, as herein provided. If the dispute shall be resolved in Tenant's favor, Landlord, at its option, shall either credit the amount of such overpayment against subsequent monthly installments of Fixed Rent hereunder or pay to Tenant the applicable utility all charges for electricity as measured by amount of such meter. Landlord overpayment.
(D) Landlord's failure during the Term to prepare and deliver any Electricity Statement, or bills, or Landlord's failure to make a demand, under this Article or any other provisions of this Lease, shall not in any way be liable deemed to be a waiver of, or responsible cause Landlord to forfeit or surrender, its rights to collect any portion of the increase in the Electricity Inclusion Factor (and therefore the Fixed Rent) which may have become due pursuant to this Article 13 during the Term. Tenant's liability for the amounts due under this Article 13 shall survive the expiration or sooner termination of this Lease and Landlord's obligation, if any, to refund any payments by Tenant in excess of the amounts required to be paid by Tenant to Landlord pursuant to this Article 13 shall survive the expiration or sooner termination of this Lease. The preceding sentence shall not, however, be construed as limiting or restricting, in any manner whatsoever, Landlord's right pursuant to this Lease or pursuant to law to offset any such overpayments by Tenant against any amounts which may be due and payable as provided in this Lease.
(E) In no event shall any adjustment of the payments made or to be made hereunder result in a decrease in Fixed Rent or additional rent payable pursuant to any other provision of this Lease, or in the amount paid for electricity for the prior year.
(F) The Electricity Inclusion Factor shall be collectible by Landlord in the same manner as Fixed Rent.
(G) For the purposes of this Section 13.2, Landlord and Tenant agree that the term "Electric Rate" (including all applicable surcharges, demand ------------- charges, energy charges, fuel adjustment charges, time of day charges, taxes and other sums payable in respect thereof) shall mean the service classification pursuant to which Landlord purchases electricity from the utility company servicing the Building.
(H) If Landlord discontinues furnishing electricity to Tenant for any loss or damage or expense which Tenant may sustain or incur if either pursuant to this Section 13.2, the quantity or character Fixed Rent shall be decreased by the Electricity Inclusion Factor effective as of electric service is changed or is the date Landlord discontinues the provision of electricity in such manner.
(A) If Landlord shall no longer available elect to have electricity ------------- furnished to the Premises pursuant to Section 13.2 hereof then, unless Landlord is required by Requirements or suitable the public utility serving the Premises to have Tenant obtain electricity from the public utility company furnishing electricity to the Building pursuant to the provisions of Section 13.4 hereof, electricity shall be furnished by Landlord to the Premises and Tenant shall pay to Landlord, as additional rent for such service, during the Term, an amount (the "Electricity Additional Rent") equal to (i) the amount Landlord actually pays to ---------------------------- the utility company to provide electricity to the Premises, including all applicable surcharges, demand charges, time-of-day charges, energy charges, fuel adjustment charges, rate adjustment charges, taxes and other sums payable in respect thereof and net of any rebates or credits actually received by Landlord in respect of such electricity supplied to the Premises, based on Tenant’s requirements's demand and/or consumption of electricity (and/or any other method of quantifying Tenant's use of or demand for electricity as set forth in the utility company's tariff) as registered on a meter or submeter (installed by Landlord at Landlord's sole cost and expense) for purposes of measuring such demand, consumption and/or other method of quantifying Tenant's use of or demand for electricity (it being agreed that such meter or submeter shall measure demand and consumption, and off-peak and on-peak use, in either case to the extent such factors are relevant in making the determination of Landlord's cost) plus (ii) an amount equal to the actual out-of-pocket costs and expenses incurred by Landlord in connection with reading such meters and preparing bills therefor. Any additional riser Tenant, from time to time, shall have the right to review Landlord's meter readings, and Landlord's calculation of the Electricity Additional Rent, at reasonable times and on reasonable prior notice, by giving notice thereof to Landlord on or risers prior to supply Tenant’s electrical requirements, upon written request the ninetieth (90th) day after the date when Landlord gives Tenant a xxxx or statement for the Electricity Additional Rent.
(B) Where more than one meter measures the electricity supplied to Tenant, will the electricity rendered through each meter shall be installed by Landlord, at computed and billed in the sole cost and expense of Tenant, unless, aggregate as if one (1) meter measured the electricity supplied in Landlord’s reasonable judgment, accordance with the same will cause permanent damage or injury to provisions hereinabove set forth. Bills for the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Electricity Additional Rent and shall be paid by rendered to Tenant at such time as Landlord may elect, but not more frequently than once per month, and Tenant shall pay the Tenant amount shown thereon to the Landlord within ten (10) days after receipt of such xxxx. Tenant expressly acknowledges that in connection with the rendering installation of any xxxx the meters or statement submeters, the electricity being supplied to the Premises shall be temporarily interrupted. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant's business in connection with such installation; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever.
Section 13.4. If Landlord shall be required by Requirements or the public ------------ utility serving the Premises to discontinue furnishing electricity to Tenant therefor. Tenant this Lease shall make no alterations or additions to continue in full force and effect and shall be unaffected thereby, except only that from and after the electric equipment and/or appliances without the prior written consent effective date of such discontinuance, Landlord in each instance, which consent shall not be unreasonably withheldobligated to furnish electricity to Tenant and Tenant shall not be obligated to pay the Electricity Additional Rent or the Electricity Inclusion Charge, conditioned or delayedas the case may be. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of If Landlord so as discontinues furnishing electricity to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordTenant, Tenant shall have use diligent efforts to obtain electric energy directly from the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type public utility furnishing electric service to the Building electric distribution systemBuilding. The costs of such service shall be paid by Tenant directly to such public utility. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, beyond that on Tenant’s approved plans at no charge, to the extent the same are available, suitable and safe for initial occupancysuch purposes as determined by Landlord. All meters and all additional panel boards, other than lampsfeeders, computers risers, wiring and other small office machines conductors and equipment which consume comparable amounts of electricitymay be required to obtain electricity shall be installed by Landlord at Tenant's expense. Provided Tenant shall use and continue to use diligent efforts to obtain electric energy directly from the public utility, without Landlord’s prior written consent, to the extent permitted by applicable Requirements, shall not discontinue furnishing electricity to the Premises until such installations have been made and Tenant shall be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines able to obtain electricity directly from the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingpublic utility.
Appears in 1 contract
Samples: Lease Agreement (Musicmaker Com Inc)
Electricity. 14.01 Section 13.1 Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. The risers serving the Office Premises shall be capable of supplying three and one-half (3.5) wattx xx electricity per rentable square foot of the Office Premises, and Tenant shall not use any electrical equipment which, in Landlord's reasonable judgment, would exceed such capacity or interfere with the, electrical service to other tenants of the Building. Landlord shall dedicate one (1) three hundred (300) amp switch located in the Building to Tenant for its use. Notwithstanding the foregoing, if and for as long as Tenant shall not require the use of all 51 52 of the power provided by such switch, then Landlord may use the switch and the power provided thereby to supply electricity to the Building or any tenant therein. If Tenant can demonstrate to Landlord's reasonable satisfaction that it requires electrical capacity in addition to the three and one-half (3.5) wattx xx electricity per rentable square foot of the Office Premises plus the capacity of the three hundred (300) amp switch and Landlord, after taking into account the capacity of the Building, the current and anticipated needs of the Building and all present and future occupants thereof, determines that it can deliver such additional capacity to Tenant without obtaining additional capacity from the public utility servicing the Building, Landlord, after Tenant's request and at Tenant's sole cost and expense, shall make such capacity available to Tenant, through the existing risers and conduits of the Building. Subject to the provisions of this Lease Landlord shall be required to provide electricity to the Garage Premises and Basement Premises solely for the operation of normal lighting, and electricity for the Demised operation in the Garage Premises of a heating unit with an electrical consumption not materially in excess of the unit located in the Garage Premises on a direct meter basisthe date hereof, and Tenant shall not install any additional or other electronic equipment in either the Garage Premises or the Basement Premises. Landlord shall, at Tenant's sole cost and expense, separately submeter Tenant's signs to the extent such signs are not currently separately submetered. In the event that, in Landlord's reasonable judgment, Tenant's electrical requirements in excess of three and one-half (3.5) wattx xx electricity per rentable square foot of the Office Premises plus the capacity of the three hundred (300) amp switch necessitate installation of an additional riser, risers or other proper and necessary equipment, Landlord shall so notify Tenant of same. Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electricity capacity (specifying the amount requested) be responsible made available to Tenant. Landlord, in Landlord's reasonable judgment shall determine whether to make available such additional electricity capacity to Tenant and the amount of such additional electricity capacity to be made available. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any switchgear, the same shall be installed by Landlord. All reasonable costs and expenses of making any such installation shall be paid by Tenant, and shall be chargeable and collectible as additional rent and paid within ten (10) Business Days after the rendition of a bill xx Tenant therefor, which bill xxxll be accompanied by invoices for and pay such work paid or to be paid. Landlord shall bill Xxxant for the applicable utility all charges for electricity as measured by such metersame not more frequently than once per month. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the negligence of Landlord, whether electricity is changed provided by public or is no longer available private utility or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by any electricity generation system owned and operated by Landlord, at .
(A) Unless Landlord is required to have Tenant obtain electricity from the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury public utility company furnishing electricity to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition pursuant to the installation provisions of such riser or risersSection 13.3 hereof, electricity shall be furnished by Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms Premises and conditions. to Tenant's signage and Tenant covenants and agrees that at all times its use shall pay to Landlord, as additional rent for the furnishing of electric current shall never exceed the capacity of the feeders electricity to the Building Office Premises and to Tenant's signage, an amount equal to (i) the product of (x) the Cost Per Kilowatt Hour, and (y) Tenant's demand and 52 53 consumption of electricity as determined by meters or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant submeters plus (ii) an amount equal to the Landlord within ten seven percent (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (757%) of the Demised Premises amount set forth in clause (i) above, exclusive of sales or other taxes, as Landlord's administrative charge for more than sixty (60) days overhead and be due supervision. Tenant shall also pay to Landlord, as additional rent, Tenant's Share of the Building Electricity Expense pursuant to the sole fault terms and provisions of Landlord, Article 27 hereof. Tenant's Share of the Building Electricity Expense and the amount to be paid by Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than pursuant to this Section 13.2 for the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment furnishing of any type electricity to the Building electric distribution system, beyond that on Office Premises and Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not 's signage are hereinafter collectively referred to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingas "Electricity Additional Rent".
Appears in 1 contract
Samples: Lease Agreement (Mony Group Inc)
Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basisIn addition to Base Rent, Operating Expenses and Real Property Taxes, Tenant shall be responsible pay for all electrical power used for the following: (a) lighting the Premises, (b) providing electrical power to equipment in the Premises, (c) providing electrical power to equipment exclusively serving the Premises and pay (d) for providing electrical power to convenience outlets in the Premises (“Premises Electrical Consumption”). If Premises Electrical Consumption is separately metered to the applicable Premises by the public utility entity providing electricity to the Building, Tenant shall contract directly with the such public utility for such electrical service (the "Public Electrical Service Provider"). Tenant shall pay the Public Electrical Service Provider for all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlordelectricity, at the Tenant's sole cost and expense expense. If some or all of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury Premises Electrical Consumption is not separately metered by and paid directly to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition Public Electrical Service Provider (such electricity is hereinafter referred to the installation of such riser or risersas “Landlord Electricity”), Landlord will also at the sole cost and expense of shall have no obligation to install separate meters or other measuring devices to measure Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its ’s use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office useElectricity. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease estimate the amount of Landlord Electricity used by giving Tenant using a methodology selected by Landlord, in Landlord’s sole and absolute discretion. Tenant acknowledges and agrees that Landlord’s calculation of the cost of Landlord Electricity used in the Premises will not produce the exact actual cost of the Landlord Electricity used in the Premises, and that Landlord’s estimate of the Landlord Electricity Cost shall nevertheless be final and binding on Tenant. From time to time Landlord shall have the right to notify Tenant of Landlord’s monthly estimate of the cost of Landlord Electricity (a “Monthly Estimate”). When Landlord notifies Tenant of the Monthly Estimate, Tenant shall thereafter pay the Monthly Estimate on the first day of each month with its Base Rent without further notice or demand by Landlord. Landlord shall have the right to change the Monthly Estimate from time to time upon written notice to Tenant. Landlord's failure to xxxx Tenant for its Landlord no Electricity Consumption for any given period shall not constitute Landlord's waiver of its right to collect such amount at a later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesdate or otherwise prejudice Landlord's rights hereunder.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Electricity. 14.01 (a) Landlord shall furnish electricity as follows: (i) up to 3 1/2 xxxxx per Rentable Square Foot in the Premises at 120 volts for lighting; and (ii) up to 4 xxxxx per Rentable Square Foot in the Premises at 120 volts for office machines. If Tenant's use will exceed the specified limits, Tenant must give Landlord prior notice specifying Tenant's excess requirements. If the excess electricity requirements can be supplied without, in Landlord's opinion, overloading the existing Building systems or the additional equipment necessary to supply Tenant's excess electricity requirements can be installed without, in Landlord's opinion, creating a dangerous condition in the Building, Landlord shall supply Tenant's excess electricity requirements and Tenant shall obtain pay Landlord the actual cost of supplying the excess electricity for requirements, including all reasonable installation costs, within thirty (30) days after Landlord's written demand as additional Rent.
(b) If Tenant's electricity use exceeds the Demised Premises specified limits, Landlord shall cause Landlord's engineer to reasonably determine, at Tenant's sole cost and expense, the amount of excess electricity to be allocated to Tenant based on a direct meter basis, the power requirements of the equipment or lighting and Tenant shall be responsible for pay Landlord the actual cost of the excess electricity allocated to Tenant as additional Rent. Landlord may also, at its sole option and without any obligation to do so, install supplemental air conditioning units in the Premises to offset the heat-generating effect of Tenant's excess electricity usage as determined above and Tenant shall pay Landlord the reasonable installation cost and the actual cost of operation, use, repair, and replacement of the supplemental air conditioning units within thirty (30) days after Landlord's written demand as additional Rent.
(c) The obligation of Landlord to furnish electricity is subject to the applicable utility all charges for rules and regulations of the supplier of electricity and of any municipal or other governmental authority regulating the business of providing electricity. Except as measured by such meter. otherwise provided in Paragraph 8 of this Lease, Landlord shall is not in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury electricity furnished to the Building Premises due to any requirement, act, or omission of the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition entity supplying electricity to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesProject.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Samples: Office Lease (Denbury Resources Inc)
Electricity. 14.01 41.01 Tenant acknowledges and agrees that electric service shall obtain electricity for be supplied to the Demised Premises on a direct meter “submetered basis” in accordance with the provisions of this Article 41. Electricity and electric service, as used herein, shall mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including but not limited to services which facilitate the distribution of service. Landlord shall make available during the Term of this Lease at the combined electrical closets servicing the Premises electricity for all purposes with an average capacity of not less than six (6) xxxxx connected load per rentable square foot of the Premises (exclusive of the electricity required to operate the Building HVAC System), which shall be distributed by Tenant at its sole cost and expense, subject to all other applicable provisions of this Lease.
41.02 If and so long as Landlord provides redistributed electricity to the Premises on a submetered basis, Tenant agrees that the charges for such redistributed electricity shall be responsible computed in the manner hereinafter described, to wit, a sum equal to Landlord’s cost for such electricity (“Landlord’s Cost”) plus five (5%) percent thereof. Landlord’s Cost for such redistributed electricity shall be equal to (a) Landlord’s cost for the relevant billing period as hereinafter defined (“Landlord’s Cost Rate”) multiplied by Tenant’s electricity consumption for the relevant billing period measured and pay calculated as hereinafter provided (but never less than Landlord’s actual cost for the electricity so redistributed), (b) Landlord’s costs for measuring, calculating and reporting Tenant’s electricity charges, including the fees of an electrical consultant (“Consultant Costs”) and (c) all taxes paid by Landlord. Where more than one meter measures the service of Tenant in the Building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified.
41.03 Landlord’s Cost Rate shall mean the amount for energy (kilowatt hours, i.e., “KWH”) and demand (kilowatts, i.e., “KW”) that would be charged, at the time in question, by the public utility company supplying electric current to the Building, or such other service providers, at the rate schedule payable by Landlord from time to time including, without limitation, all applicable utility surcharges, demand charges, time-of-day charges, energy charges, fuel adjustment charges, rate adjustment charges, taxes and other sums payable in respect thereof, as if Tenant’s consumption, KWH and KW, for the relevant billing period were the total current being purchased,
41.04 Landlord shall install one (1) submeter at its cost and expense if one does not presently exist to measure Tenant’s electricity consumption, KWH and KW, in the Premises; any replacements thereof or additional submeters to measure Tenant’s electric consumption, KWH and KW, in the Premises shall be installed at Tenant’s sole cost and expense. Bills therefor shall be rendered at such times as Landlord may elect, and the amount, as computed from a meter, shall be deemed to be, and shall be paid as Additional Rent. If any tax is imposed upon Landlord’s receipt from the resale of electrical energy to Tenant by any Federal, State or Municipal authority, Tenant covenants and agrees that, where permitted by law, Tenant’s share of such taxes based upon its usage and demand shall be passed on to, and shall be included in the xxxx of, and shall be paid by Tenant to Landlord.
41.05 In the event that all charges for or part of the meters, or system by which Landlord measures Tenant’s consumption of electricity (the “Submetering System”), shall not be operable or malfunction, (a) Landlord, through an independent, electrical consultant selected by Landlord, shall estimate the readings that would have been yielded by said Submetering System as measured if such system was operable or the malfunction had not occurred, as the case may be, on the basis of Tenant’s prior usage and demand and the lighting and equipment installed within the Premises, (b) Tenant shall utilize such estimated readings and the xxxx rendered based thereon shall be binding and conclusive on Tenant unless, within sixty (60) days after receipt of such a xxxx, Tenant challenges, in writing to Landlord, the accuracy or method of computation thereof. If, within sixty (60) days of Landlord’s receipt of such a challenge, the parties are unable to agree on the amount of the contested xxxx, the controlling determination of the same shall be made by an independent electrical consultant agreed upon by the parties or, upon their inability to agree, as selected by the American Arbitration Association. The determination of such meterelectrical consultant shall be final and binding on both Landlord and Tenant and the expenses of such consultant shall be divided equally between the parties. Pending such controlling determination, Tenant shall timely pay Additional Rent to Landlord in accordance with the contested xxxx. Tenant shall be entitled to a prompt refund from Landlord, or shall make prompt additional payment to Landlord, in the event that the electrical consultant determines that the amount of a contested xxxx should have been other than as reflected thereon.
41.06 If all or part of the submetering Additional Rent payable in accordance with this Article becomes uncollectible or reduced or refunded by virtue of any law, order or regulations, the parties agree that, at Landlord’s option, in lieu of submetering Additional Rent, and in consideration of Tenant’s use of the Building’s electrical distribution system and receipt of redistributed electricity and payment by Landlord of consultant’s fees and other redistribution costs, the Fixed Annual Rental rate(s) to be paid under this Lease shall be increased by an “alternative charge” which shall be a sum equal to Landlord’s Cost, as hereinabove defined, plus five (5%) percent thereof (or the maximum such percentage then permitted by law but not more than five (5%) percent).
41.07 Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirementsrequirements unless caused by the negligence or willful misconduct of Landlord or its employees in which event, however, Landlord shall not be liable for any consequential or special damages. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the Building or wiring installation. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessif, in Landlord’s reasonable sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which The Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have reserves the right to terminate this Lease by giving the furnishing of electricity at any time, upon thirty (30) days’ written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than Tenant, provided such change is also required of all other tenants in the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Building, in which event the Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type may make application directly to the Building electric distribution system, beyond that on public utility and/or other providers for the Tenant’s approved plans entire separate supply of electric current provided that Tenant has obtained service directly from the public utility or other service provider (unless the failure to do so results from Tenant’s failure to promptly apply for initial occupancysuch service and diligently prosecute such application to completion) and Landlord shall permit its wires and conduits, other than lampsto the extent available and safely capable, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheldused for such purpose, conditioned but only to the extent of Tenant’s then authorized load. Any meters, risers, or delayed, in each instance. In no event shall Tenant use or install any fixtures, other equipment or machines connections necessary to furnish electricity on a submetering basis or to enable Tenant to obtain electric current directly from such utility and/or other providers shall be installed at Tenant’s sole cost and expense. Only rigid conduit or electricity metal tubing (EMT) will be allowed. The Landlord, upon the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload expiration of the electrical circuits servicing aforesaid thirty (30) days’ written notice to the Demised Premises or Tenant may discontinue furnishing the Buildingelectric current but this Lease shall otherwise remain in full force and effect.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain pay for all electricity for consumed in the Demised Premises. The Premises on a direct meter basisshall be separately metered Tenant's use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors or equipment in or otherwise serving the Premises. To ensure that such capacity is not exceeded and to avert possible adverse effects upon the Building's electrical system, Tenant shall be responsible for and pay not, without prior written notice to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementseach instance, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury connect to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage in excess of 120 volts nominal, or which requires a single (dedicated) circuit without so providing, or make any alteration or addition to the Demised electric system of the Premises. Unless Landlord shall reasonably object to the connection of any such fixtures, appliances or equipment, all additional risers or other equipment required therefore shall be provided by Landlord and the cost thereto shall be paid by Tenant upon Landlord's demand. The parties acknowledge and understand that because of the deregulation process underway in the energy industry, utility companies whose lines and other facilities supply the Premises or cause or create may require as a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risersfacilities, Landlord will also at whenever installed, that the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity owner of the feeders Premises make payment to such utility for the Building facilities it has provided upon the occurrence of certain future events, if, for example, a tenant of the Premises utilizing such facilities discontinues purchasing energy from such utility. Landlord may be required to enter into an agreement with such utility that would obligate it to make such payments in the future. Any such agreement and or the risers amendments, modifications, replacements, or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and substitutions thereof, shall be paid by the submitted to Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the for its prior written consent of Landlord in each instanceapproval, which consent shall such approval not to be unreasonably withheld, conditioned withheld or delayed. Notwithstanding anything Tenant's failure to the contrary herein, should electric service be interrupted for a period of more than respond within five (5) consecutive business days through of Landlord's submittal for approval shall be deemed to constitute approval by Tenant. In addition, Tenant's written disapproval of any such request shall cause Tenant to be solely responsible for payment of any capital items to be supplied by the sole fault utility company, at no cost or expense to Landlord. If such utility providing energy service to the Premises requires payments, whether based on contract or tariff, from the Landlord with respect to facilities provided by that utility to the Premises that are utilized by the Tenant, the Landlord shall so inform Tenant in writing and the Tenant hereby agrees that it shall reimburse the Landlord for all such payments required pursuant to agreements, of which Tenant has received notice, as additional rent, when and as made by the Landlord. Subject to the requirements, terms and conditions of any agreement approved (or deemed approved) by Tenant and subject to Landlord's prior written consent, which shall be withheld only if Landlord so as to prevent Tenant from using at least seventy-five (75%) percent has reasonable concern with the reputation of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume supplier or the use of at least seventy-five (75%) percent reliability of the Demised Premisessupply proposed by Tenant, Tenant may elect, from time to time, to purchase electricity from such supplier or suppliers as Tenant may choose, Tenant agreeing to hold Landlord harmless from and against all costs or charges associated therewith. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordIn connection therewith, Tenant shall have the right to terminate this Lease contest, at Tenant's sole cost and expense, any of such costs or charges paid by giving written notice Tenant pursuant to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment requirements of any type to the Building electric distribution system, beyond that on Tenant’s agreement approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned (or delayed, in each instance. In no event shall deemed approved) by Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildinghereunder.
Appears in 1 contract
Samples: Lease Agreement (Open Market Inc)
Electricity. 14.01 Tenant shall obtain electricity purchase the electrical energy that Tenant requires for operation of the lighting fixtures, appliances and equipment (including without limitation all air conditioning equipment) servicing the Demised Premises on a direct Premises. The costs of initially installing any required meter basisshall be paid by Landlord, but Tenant shall be responsible for keep said meter and pay to the applicable utility all charges for electricity as measured by such meterinstallation equipment in good working order and repair. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service electrical energy furnished to the Demised Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity unless due to the act or omission of Landlord. Tenant's use of electrical energy in the Demised Premises shall not at any time exceed the capacity (agreed to be 16.5 xxxxx per square foot) of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is changed not exceeded and to avert possible adverse effect upon the Building electrical services Tenant shall give notice to Landlord and obtain Landlord's prior written consent whenever Tenant shall connect to the Building electrical distribution system any fixtures, appliances or is no longer available or suitable for Tenant’s requirementsequipment other than lamps, typewriters and similar small machines. Any additional riser feeders or risers to supply Tenant’s 's electrical requirementsrequirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, upon written request to Tenant, will shall be installed by Landlord, Tenant at the sole cost and expense of Tenant, unless, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the installation of such feeders or risers has been approved in Landlord’s reasonable judgment, the same writing by Landlord in advance thereof and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants of the Building. Tenant agrees that it will not make any alteration or occupants. In material addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric electrical equipment and/or appliances in the Demised Premises without the prior written consent of Landlord in each instanceinstance first obtained, which consent shall will not be unreasonably withheld, conditioned and will promptly advise Landlord of any alteration or delayedaddition to such electrical equipment and/or appliances. Notwithstanding anything to the contrary hereinTenant, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of Tenant's expense, shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain electricity During the Lease Term, electric power will be available for the Demised Premises on a direct meter basis, purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities and will be separately metered for the Premises. Tenant shall be responsible for all payments to the utility authority providing electricity. The Building standard mechanical and electrical systems are designed to accommodate loads generated by lights and office equipment such as typewriters, dictating equipment, photocopy equipment, etc. Tenant acknowledges that Tenant's intended use of the Premises excludes material use of the Premises beyond Business Hours. Material use shall be deemed to mean the operation of an additional "shift", either full or part time, or use of the Premises after Business Hours in any way that may preclude or interfere with the providing of janitorial services to the Premises. In the event Tenant's use of the Premises requires more electrical power than set forth above, whether by intensity of use, load or type of equipment, Tenant may then be billed for such additional use and such billings will be billed to Tenant as Other Rent. Landlord will utixxxx Xxndlord's customary method of billing Tenant for excess electrical power consumption. At Landlord's option, Landlord, at Tenant's expense, may have an engineer estimate Tenant's usage, and bill Tenant at standard utility rates for the excess usage or xxstall a submeter for the purposes of monitoring Tenant's excess power consumption. Landlord and Tenant agree that Landlord's implementation of the electrical monitoring and billing procedures set forth herein shall in no way be construed so as to deem Landlord a private or public utility company. Landlord reserves the right, after Business Hours, to turn off all unnecessary lighting in the unoccupied areas of the Building and the Premises to minimize the energy consumption of the Building in both the common areas and the Premises. Landlord and Tenant acknowledge that the electrical meter serving the Premises meters electricity for the entire floor of the Building where the Premises are located and that the electrical bill for such meter is received and paid for by Tenant. Uxxx completion of the Improvements (as defined in the First Addendum, attached hereto) (the "Improvement Completion Date"), Landlord and Tenant shall cause the bill for the electrical meter to be sent directly to Landlord. Frox xxd after the Improvement Completion Date, Tenant shall pay to Landlord, as Additional Rent, the amount of $1,100 per month (plus all applicable utility all charges sales taxes), along with each monthly payment of Base Rent, for Tenant's electricity as measured usage. Landlord shall, at the end of each calendar quarter (that is every three (3) months, commencing on January 1 of each year) provide to Tenant a written statement of the cost of electricity paid for the floor of the Building where the Premises are located. Tenant shall be liable for 55.77% of such amount, which percentage is based on the proportionate share of the Premises for the floor of the Building where the Premises are located (that is the square footage of the Premises, of 8,787 divided by such meterthe square footage of the floor of the Building where the Premises are located, of 15,756). Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon also provide a written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering reconciliation of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, amounts which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and may be due to either Landlord or Tenant, based on Tenant's payment of $1,100 per month. To the sole fault of extent that the reconciliation indicates that Tenant owes money to Landlord, Tenant shall have remit the right to terminate this Lease by giving written notice required amount to Landlord no later than in the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment next upcoming payment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instanceRent. In no the event that the reconciliation requires Landlord to remit money to Tenant, Landlord shall provide such payment to Tenant use or install any fixtures, equipment or machines along with the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingreconciliation.
Appears in 1 contract
Samples: Office Lease (Vfinance Inc)
Electricity. 14.01 A. Tenant shall obtain make all arrangements with the public utility company (the "Utility") for obtaining electricity directly from the Utility. Landlord will permit its electric feeders, risers and wiring serving the demised premises to be used by Tenant to the extent available and safely capable of being used for the Demised Premises on a direct meter basis, such purpose. Tenant shall be responsible for and pay to the applicable utility Utility for the payment of all charges for electricity consumed by Tenant in the demised premises and all electric current used in the operation of the heating, ventilation and air-conditioning servicing the demised premises (including the Floor Unit, any supplemental air conditioning, fans and motors) shall be the obligation of Tenant.
B. In the event the connected load in the demised premises shall at any time or from time to time during the term hereof exceed, or if Tenant shall desire connected load in excess of the connected load then allocated to the demised premises, then Tenant shall pay to Landlord, as measured by additional rent, the then Building standard excess capacity charge (the "Excess Capacity Charge") for each occurrence of such meterexcess capacity (over and above the wattage of any previous excess capacity for which Tenant has paid an Excess Capacity Charge).
C. Landlord shall be obligated to pay no part of any costs required for Tenant's direct electric service. Interruption or curtailment of such direct service shall not constitute a constructive or partial eviction nor entitle Tenant to any compensation or abatement of rent. Landlord shall not in any way anywise be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur for such interruption or curtailment or if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions.
4.02. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the then existing feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office usein the Building. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant at Landlord's option, shall have furnish, install and replace, as required, all Building Standard lighting tubes, lamps, bulbs and ballasts required in the right to terminate demised premises at Tenant's sole cost and expense. All lighting tubes, lamps, bulbs and ballasts so installed shall become Landlord's property upon the expiration or sooner termination of this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesLease.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance4.03. In no event shall Tenant use or install any fixtures, equipment or machines machines, the connected load use of which in conjunction with would exceed the electricity service allocated to the demised premises. All meters, panel boards, wiring and other fixturesequipment which may be required to obtain electricity from the Utility shall be maintained by Tenant at its expense. Subject to the provisions of Article 6 hereof, Tenant shall make no alterations to the electrical equipment without the prior written consent of Landlord.
4.04. Subject to the provisions of this Article 4, Landlord shall make available to the electrical closets serving the demised premises six (6) xxxxx per usable square foot of electrical capacity for Tenant's lighting and machines in connected load within the Demised Premises would result in an overload demised premises, excluding electricity required for the operation of the electrical circuits servicing the Demised Premises or the BuildingFloor Unit.
Appears in 1 contract
Electricity. 14.01 So long as Tenant shall obtain is not in Default, Landlord will ----------- furnish or cause to be furnished, electricity for normal business usage twenty-four (24) hours a day, seven (7) days a week, subject to the Demised provisions of Section 5.6, below. In the event Landlord deems it necessary to make ------------------ available separately metered service to the Premises, Landlord may require that separate meters or submeters be installed for the Premises on a direct at Landlord's expense unless Tenant's use of electricity exceeds normal business usage, in which event it shall be at Tenant's expense, in which case Tenant will be billed based upon such separate meter basisor submeter rather than based upon Tenant's Share of such electrical charges. In such instance, Tenant shall be responsible for and pay receive a corresponding credit against Rent to the applicable utility all charges extent electrical use in the Premises was charged as a component in Operating Costs except if such meter or submeter is installed only to monitor and charge for electricity as measured by such meterusage which exceeds normal business usage (in which case no credit shall be given). Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its 's use of electric current shall never electricity in the Premises may not at any time exceed the capacity of the feeders to electrical conductors and equipment serving the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office usePremises. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the Without Landlord's prior written consent of Landlord in each instanceconsent, which consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding anything , Tenant may not:
(i) connect reproducing equipment;, electronic data processing equipment;, heating or air-conditioning equipment;, or special lighting, any of the foregoing which causes Tenant to consume electricity in excess of the building standard specifications (as provided in Section 5.2(b) below) or any other item of -------------- electrical equipment that causes Tenant to consume more than permitted by the building standard specifications (as provided in Section 5.2(b), below) or (ii) -------------- make any alteration or addition to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent system of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should If required and Landlord grants such service interruption prevent Tenant from using consent, Landlord will provide at least seventy-five the cost to Landlord plus Landlord's overhead charge of ten percent (7510%) of the Demised Premises for more than sixty (60) days and be due cost, which cost Tenant shall pay to Landlord, payable on demand, additional risers or other required equipment. In addition, but only to the sole fault of Landlordextent not separately metered or passed through to Tenant, Tenant shall have Landlord may increase the right to terminate this Lease Base Rent by giving written notice to Landlord no later than an amount reflecting the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload estimated cost of the electrical circuits servicing the Demised Premises additional capacity of such risers or the Buildingother equipment.
Appears in 1 contract
Samples: Lease of Office Space (Diversified Corporate Resources Inc)
Electricity. 14.01 Section 13.01 Landlord has installed in the Building and the Premises such electrical risers, feeders and wiring as shall be necessary to permit Tenant to receive electrical energy for (a) Tenant's reasonable use of normal office equipment and such lighting, electrical appliances and other machines and equipment as Landlord may reasonably permit to be installed in the Premises and (b) the operation of the heating, ventilating and air conditioning system serving the Premises. Landlord has installed, at Landlord's expense, a meter for the purpose of measuring electrical consumption on the fifteenth (15th) floor of the Building ("Tenant's Floor"). Landlord shall maintain, service, repair and, if necessary, replace such meter. Tenant, upon demand by Landlord, shall pay to Landlord, as Additional Rent, an amount equal to 25.92% of the costs incurred by Landlord in connection with such maintenance, service, repair and replacement. Following the Commencement Date, Landlord shall have the right to cause an electrical engineer or a utility consultant selected by Landlord to make a survey of Tenant's connected power load and the connected power load of that portion of the rentable area of the Tenant's Floor not included within the Premises. Landlord, at Landlord's option, shall have the right, at any time and from time to time during the Term, to cause similar surveys to be made. The term "Tenant's Share" shall mean 25.92% or that percentage equal to Tenant's percentage of the aggregate of the connected power load for the entire rentable area of the Tenant's Floor as determined from time to time pursuant hereto, plus 5% of Tenant’s Share for Landlord administrative and overhead charges. The findings of Landlord's engineer or consultant shall be binding on Landlord and Tenant, subject to adjustment as hereinafter provided. Promptly after receipt by Landlord of a bxxx from the public utility company furnishing electrical energy to the Tenant's Floor, Landlord shall furnish to Tenant a copy thereof together with a request for payment to Landlord by Tenant of Tenant's Share of such bxxx. Tenant shall obtain electricity for promptly pay to Landlord, as Additional Rent, Tenant's Share of such bxxx. In the Demised Premises on event Tenant shall dispute any findings of the engineer or consultant designated by Landlord, Tenant may, within thirty (30) days of receiving notice of such findings, designate by notice to Landlord an independent electrical engineer or utility consultant to make, at Tenant's sole cost and expense, another determination of Tenant's connected power load. If the engineer or consultant selected by Tenant shall determine that Tenant's connected power load is less than as determined by Landlord's engineer or consultant and the two are unable to adjust such difference within twenty (20) days after the determination made by Tenant's engineer or consultant is delivered to Landlord, the dispute shall be resolved by arbitration in accordance with Article 28. Pending a direct meter basisfinal determination pursuant to such arbitration, however, Tenant shall pay Landlord for such electrical energy based on the determination of Landlord's engineer or consultant' and, if it is determined that Tenant has overpaid, Landlord shall reimburse Tenant for any overpayment at the conclusion of such arbitration. In any such arbitration, the arbitrator to be responsible for appointed shall be an electrical engineer having at least five (5) years' experience in similar matters in New York City. Landlord will permit electrical risers, feeders and pay wiring in the Building serving the Premises to be used by Tenant to the applicable utility extent that they are available, suitable, safe and within the plan and design capacities for the Building.
Section 13.02 Tenant shall not, without the prior consent of Landlord, make or perform or permit any alteration to wiring installations or other electrical facilities in or serving the Premises or any additions to the electrical fixtures, business machines or office equipment or appliances (other than typewriters and similar low energy consuming office machines) in the Premises which utilize electrical energy. Should Landlord grant such consent, all charges for electricity as measured additional risers or other equipment required therefor shall be provided by such meter. Landlord and the cost thereof shall be paid by Tenant within 10 days after being billed therefor, provided that Landlord shall not in be obligated to consent to any way be liable such alteration or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessinstallation if, in Landlord’s reasonable 's judgment, the same or will cause permanent damage or injury to the Building or the Demised Premises or will cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants tenants. Rigid conduit only will be allowed or occupants. In addition such other wiring or conduit which will not violate any applicable Legal Requirements.
Section 13.03 Landlord shall have no liability to Tenant for any loss, damage or expense which Tenant may sustain or incur by reason of any change, failure, inadequacy or defect in the supply or character of the electrical energy furnished to the installation Premises or if the quantity or character of the electrical energy is no longer available or suitable for Tenant's requirements except for any actual damage suffered by Tenant by reason of any such riser failure, inadequacy or risersdefect caused by Landlord's negligence, and then only after actual notice as provided in Section 11.02.
Section 13.04 Landlord shall furnish and install all lighting, tubes, lamps, starters, bulbs and ballasts required in the Premises and Tenant shall pay to Landlord or its designated contractor the then established charges therefor as Additional Rent on demand, except that any such items installed at the commencement of the Term for building standard fixtures shall be at Landlord's sole cost and expense.
Section 13.05 If pursuant to a Legal Requirement or the policies of the public utility company servicing the Building, Tenant is no longer permitted to obtain electrical energy in the manner provided in Section 13.01, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject furnish electrical energy to the aforesaid terms and conditionsPremises either, at Landlord's option, on a submetering basis or a rent inclusion basis. Landlord shall give Tenant covenants and agrees that notice at all times its use of electric current shall never exceed the capacity of the feeders least 30 days prior to the Building or the risers or wiring installation date on which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant commence furnishing electrical energy to the Premises (unless such notice is not feasible under the circumstances, in which event Landlord within ten (10) days after will give Tenant such reasonable notice as is possible), which notice will set forth the rendering of any xxxx or statement method chosen by Landlord for furnishing electrical energy to the Tenant therefor. Tenant shall make no alterations or additions to Premises and the electric equipment and/or appliances without the prior written consent of terms on which Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord will so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesfurnish electrical energy.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Building.
Appears in 1 contract
Samples: Lease Agreement (Vringo Inc)
Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by A. Landlord, at Landlord's expense, shall furnish electrical energy required for lighting, electrical facilities, equipment, machinery, fixtures and appliances used in or for the sole cost and expense benefit of Tenant, unless's Space, in Landlord’s reasonable judgment, accordance with the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity provisions of the feeders to the Building or the risers or wiring installation Lease of which Landlord represents this Exhibit is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. a part.
B. Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the prior written consent of notice to Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution systemsystem any fixtures, beyond that on Tenant’s approved plans for initial occupancy, appliances or equipment other than lamps, computers and other small normal office machines such as copiers, personal computers, servers, desk-top calculators and typewriters, or any fixtures, appliances or equipment which consume comparable amounts Tenant on a regular basis operates beyond normal building operating hours. In the event of electricityany such connection, Tenant agrees to an increase in the Rent by an amount which will reflect the cost to Landlord of the additional electrical service to be furnished by Landlord, such increase to be effective as of the date of any such installation. If Landlord and Tenant cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof.
C. Tenant's use of electrical energy in Tenant's Space shall not at any time exceed the capacity of any of the electrical conductors or equipment in or otherwise serving Tenant's Space. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall not, without Landlord’s prior written consent, not notice to be unreasonably withheld, conditioned or delayed, Landlord in each instance. In no event shall Tenant use or install , connect to the Building electric distribution system any fixtures, appliances or equipment which operate on a voltage in excess of 120 volts nominal or machines make any alteration or addition to the use electric system of which in conjunction with other Tenant's Space. Unless Landlord shall reasonably object to the connection of any such fixtures, appliances or equipment, all additional risers or other equipment required therefor shall be provided by Landlord, and machines the cost thereof shall be paid by Tenant upon Landlord's demand. In the event of any such connection, Tenant agrees to an increase in the Demised Premises would result in Rent by an overload amount which will reflect the cost to Landlord of the additional service to be furnished by Landlord, such increase to be effective as of the date of any such connection. If Landlord and Tenant cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical circuits servicing engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the Demised Premises or cost to the BuildingLandlord will be included in Landlord's Operating Costs as described in Section 4.2 hereof.
D. Landlord may, at any time, elect to discontinue the furnishing of electrical energy. In the event of any such election by Landlord: (1) Landlord agrees to give reasonable advance notice of any such discontinuance to Tenant;
Appears in 1 contract
Electricity. 14.01 14.01. If and to the extent the Premises is comprised of an entire floor or floors, Tenant agrees to purchase from Landlord or from a meter company designated by Landlord all electricity consumed, used or to be used in such entire floor(s). The amount to be paid by Tenant for electricity consumed shall be determined by meter or meters and related equipment installed (or, if existing, retrofitted) by Landlord at Tenant’s expense (and payable hereunder as Additional Charges) and billed separately according to each meter (provided, at Tenant’s election and Tenant’s sole cost and expense, Landlord shall install so-called “totalizers” so that such meters and read and billed as if same were one meter. Bills for electricity consumed by Tenant, which Tenant hereby agrees to pay, shall be rendered by Landlord or the meter company to Tenant at such time as Landlord may elect, and shall be payable as an Additional Charge, within fifteen (15) days after rendition of any such xxxx. Tenant shall obtain make no material changes or additions to the electrical equipment, wiring and/or appliances in the Premises (beyond that on Tenant’s approved plans for initial occupancy) without submission of plans for the prior written consent of Landlord, which shall be granted or withheld in accordance with the terms and conditions of Article 11 hereof.
14.02. The amount to be charged to Tenant by Landlord per “KW” and “KWHR” pursuant to this Article for electricity consumed within the Premises, whether shown on the meters measuring Tenant’s consumption of electricity or determined by survey as herein elsewhere provided, shall be 103% of the average amount at which Landlord from time to time purchases each KW and KWHR of electricity for the Demised same period from the actual utility provider (herein, as adjusted from time to time, called “Landlord’s Rate”), including therein any credits, rebates and discounts (to the extent actually received by Landlord, and taxes, fuel adjustment charges, surcharges, demand charges, energy charges, time-of-day charges, rate adjustment charges or other impositions of any nature actually payable by Landlord. In no event shall the Additional Charge made to Tenant pursuant to this Article 14 for submetered electricity supplied to the Premises (or the charge pursuant to Section 14.04 hereof in the event electricity is supplied on a direct meter rent inclusion basis) be less than Landlord’s actual cost therefor. If Tenant shall occupy the Premises for business purposes (including, without limitation, the testing or operation of its computers) and consume electricity prior to the installation of meters in the Premises, then Tenant agrees to pay Landlord the sum of $3.25 per rentable square foot per annum for electricity pursuant to Section 14.04 hereof until such time as said meters are installed. During the period of Tenant’s construction occurring prior to the installation of said meters, Tenant will pay to Landlord a flat charge of $1.25 per rentable square foot per annum.
14.03. In the event that the “submetering” of electricity in the Building is hereafter prohibited by any law hereafter enacted, or by any order or ruling of the Public Service Commission of the State of New York, or by any judicial decision of any appropriate court, at the request of Landlord, Tenant shall, unless Tenant elects to require Landlord to provide electricity pursuant to Section 14.04 hereof, apply within ten (10) days to the appropriate public utility company servicing the Building for direct electric service and bear all costs and expenses necessary to comply with all rules and regulations of such public utility company pertinent thereto, and Landlord and/or the meter company theretofore designated by Landlord shall be responsible for relieved of any further obligation to furnish electricity to Tenant pursuant to this Article 14, except Landlord shall permit its wires, conduits and pay electrical equipment, to the applicable utility all charges extent available and safely capable, to be used for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirementspurpose. Any additional riser or risers or feeders or service, to the extent available and reasonably feasible, to supply Tenant’s electrical requirements, upon written request to Tenant, requirements will be installed by Landlord, at the sole cost and expense of Tenant, unless, if in Landlord’s reasonable judgment, judgment the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also also, at the sole cost and expense of Tenant, install at reasonably competitive rates all other equipment proper and necessary in connection therewith therewith, subject to the aforesaid terms and conditions, and subject to Landlord’s prior approval of Tenant’s plans therefor which shall not be unreasonably withheld or delayed. Tenant shall not be charged any Additional Charges for the risers/conduits detailed under this Section 14.03, except as detailed above.
(a) If submetering of electricity is prohibited as described in Section 14.03 hereof and Tenant does not elect to obtain electricity from the public utility company, then in any such case Landlord shall furnish electricity to Tenant on the basis that Tenant’s consumption (KW and KWHR) of electricity shall be measured by electric survey made from time to time by Landlord’s consultant. Pending an initial survey made by Landlord’s consultant, effective as of the date when Landlord has commenced furnishing electricity to Tenant pursuant to this Section 14.04 (with suitable proration for any period of less than a full calendar month), the Fixed Rent specified in Section 1.04 hereof shall be increased by an amount (the “Initial Charge”) which shall be at the rate of $3.25 per rentable square foot per annum, or if there has been twelve (12) months charges of submetered electric, an amount equal to the average of the prior twelve (12) months’ charges for submetered electric. After completion of the electrical survey made by Landlord’s consultant of Tenant’s consumption (KW and KWHR) of electricity, said consultant shall apply 103% of Landlord’s Rate as provided in Section 14.02 hereof to arrive at an amount (herein called the “Actual Charge”) and the Fixed Rent shall be appropriately adjusted retroactively to reflect any amount by which the Actual Charge exceeds the Initial Charge. Tenant shall pay that portion of such amount which would have been paid to the date of the determination of the Actual Charge within thirty (30) days after being billed therefor. Thereafter and from time to time during the term of this Lease, Landlord may cause additional surveys of Tenant’s electrical usage to be made by Landlord’s consultant. Tenant from time to time may request Landlord to have a survey made of Tenant’s electrical usage, and the actual out-of-pocket fees of Landlord’s consultant making such survey(s) at Tenant’s request shall be paid by Tenant. In the event any of the foregoing surveys shall determine that there has been an increase or decrease in Tenant’s usage of electricity, then effective as of the date of such change in usage the then current Actual Charge to Tenant by reason of the furnishing of electricity to Tenant, as same may have been previously increased pursuant to the terms hereof, shall be increased or decreased (subject to the last sentence of subsection 14.04(b) hereof) in accordance with such survey determination with appropriate credit allowed to Tenant in the event of a decrease in usage and in the event of an increase in such usage Tenant shall pay the increased amount therefor from the date of such change in usage to the date of such survey determination within thirty (30) days after being billed therefor and thereafter as part of the increased monthly charge for electricity by reason of such survey determination.
(b) In the event from time to time after the initial survey or a subsequent survey any additional electrically operated equipment is installed in the Premises by Tenant, or if Tenant shall increase its hours of operation, or if the charges by the utility company supplying electric current to Landlord are increased or decreased after the date thereof, then and in any of such events the monthly charge shall be increased or decreased accordingly on account of such additional electricity consumed by such newly installed electrically operated equipment and/or increase in Tenant’s hours of operation and/or on account of such increased or decreased Landlord’s Rate. The amount of such increase or decrease in the monthly charge shall be determined in the first instance by Landlord’s consultant. In addition, the monthly rate will be increased or decreased quarterly in accordance with calculations by Landlord’s consultant to reflect changes in the fuel adjustment component of the utility company charge. Tenant shall pay the amount of any increase in the monthly charge retroactively (subject to Tenant’s right to contest in the same manner as in Section 14.06 hereof provided) from the date of the installation of all newly installed electrically operated equipment and/or from the date when the increased charges to Landlord from the utility company become effective and/or from the date of any increase in Tenant’s hours of operation, as the case may be, such amount to be paid promptly upon billing therefor by Landlord.
14.05. All survey determinations (including the first survey made by Landlord’s consultant) shall be subject to contest by Tenant as provided in Section 14.06 hereof. Surveys made of Tenant’s electrical consumption shall be based upon the use of electricity between the hours of 8:00 a.m. to 6:00 p.m., Mondays through Fridays, on Saturdays and such other days and hours when Tenant (or Tenant’s agents, employees and/or contractors) uses electricity for lighting and for the operation of the machinery, appliances and equipment used by Tenant in the Premises; and if cleaning services are provided by Landlord, such survey shall include Landlord’s normal cleaning hours of five (5) hours per day (which shall not be subject to reduction) for lighting within the Premises and for electrical equipment normally used for such cleaning.
14.06. In the event electricity shall be furnished to Tenant as contemplated in Section 14.04 hereof, then Tenant, within ninety (90) days after notification from Landlord of the determination of Landlord’s utility consultant (in accordance with the provisions of Section 14.04 hereof), shall have the right to contest, at Tenant’s cost and expense, such determination by submitting to Landlord a like survey determination prepared by a utility consultant of Tenant’s selection, which will highlight the differences between Landlord’s survey and Tenant’s survey. If the determination of Tenant’s consultant does not vary from the determination of Landlord’s consultant by more than 3%, then Landlord’s determination shall be deemed binding and conclusive. If the determination of Tenant’s consultant varies by more than 3% and if Landlord’s consultant and Tenant’s consultant shall be unable to reach agreement within thirty (30) days, then such two consultants shall designate a third consultant to make the determination, and the determination of such third consultant shall be binding and conclusive on both Landlord and Tenant. If the determination of such third consultant shall substantially confirm the findings of Landlord’s consultant (i.e., within 3%), then Tenant shall pay the cost of such third consultant. If such third consultant shall substantially confirm the determination of Tenant’s consultant (i.e., 3%), then Landlord shall pay the cost of such third consultant (and same shall not be included as an Operating Expense). If such third consultant shall make a determination substantially different from that of both Landlord’s and Tenant’s consultants (or is within 3% of both such determinations), then the cost of such third consultant shall be borne equally by Landlord and Tenant (and same shall not be included as an Operating Expense). In the event that Landlord’s consultant and Tenant’s consultant shall be unable to agree upon the designation of a third consultant within thirty (30) days after Tenant’s consultant shall have made its determination (different from that of Landlord’s consultant), then either party shall have the right to request The Real Estate Board of New York, Inc. (or, upon their failure or refusal to act, the American Arbitration Association in the City of New York) to designate a third consultant whose decision shall be conclusive and binding upon the parties, and the costs of such third consultant shall be borne as hereinbefore provided in the case of a third consultant designated by the Landlord’s and Tenant’s consultants. Pending the resolution of any contest pursuant to the terms hereof, Tenant shall pay the Additional Charge on account of electricity determined by Landlord’s consultant, and upon the resolution of such contest, appropriate adjustment in accordance with such resolution of such Additional Charge payable by Tenant on account of electricity shall be made retroactive to the date of the determination of Landlord’s consultant (and to the extent there was an overpayment by Tenant, Tenant shall be entitled to a credit against the next succeeding installment(s) of Fixed Rent due and payable hereunder).
14.07. If pursuant to any law, ruling, order or regulation the amount which Landlord is permitted to charge to Tenant for the purchase of electricity pursuant to this Article 14 shall be reduced below that which Landlord would otherwise be entitled to charge Tenant hereunder, then Tenant shall pay the difference between such amounts to Landlord as an Additional Charge within thirty (30) days after being billed therefor by Landlord, as compensation for the use of the Building’s electric distribution system.
14.08. Tenant covenants and agrees that at all times its installations and use of electric current electricity shall never exceed the capacity of the feeders to or electrical vaults of the Building or the risers or wiring installation which serving the Premises; provided, however, that Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by shall provide Tenant with an electrical capacity (exclusive of the Tenant that electricity required to operate the base Building HVAC system servicing the Premises) of 7.5 xxxxx demand load per rentable square foot of the Premises at all times during the aforesaid costs and expenses are chargeable and collectible term hereof (subject to interruptions due to suspension of services as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary detailed herein, should electric service be interrupted for a period of more than five repairs and maintenance, casualty and Force Majeure Causes). If (5i) consecutive business days through in Landlord’s reasonable opinion Tenant’s installation overloads the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%electrical vaults/feeders or any riser(s) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%and/or switch(es) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to in or servicing the Building electric distribution system, beyond or (ii) Tenant requests additional power in addition to that which is being supplied by Landlord on Tenant’s approved plans for the date of initial occupancy, other than lampsthen if and to the extent allocated power is available in the Building for use by Tenant without resulting in allocation to Tenant of a disproportionate amount of allocated power, computers Landlord shall, at Tenant’s cost and other small office machines expense, provide and install in conformity with law any additional riser or risers and/or any and all switch or switches to connect additional power to the Premises, and Tenant agrees to pay Landlord its then-established (but commercially reasonable) connection charge for each additional amp of power or portion hereof so supplied to the Premises, together with the cost of installing such additional risers, switches and related equipment.
14.09. Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which consume comparable amounts Tenant may sustain or incur if (i) the supply of electricityelectric energy to the Premises is temporarily interrupted or (ii) the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements, without except to the extent resulting from Landlord’s prior written consent, not to be unreasonably withheld, conditioned willful misconduct or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingnegligence.
Appears in 1 contract
Electricity. 14.01 Tenant (a) Subject to intervening laws, ordinances and executive Orders, Lessor shall obtain electricity for furnish the Lessor's Standard Electric Service (as hereinafter defined in Subparagraph 21(b) which Lessee shall require in the Demised Premises on a direct meter rent inclusion basis. That is, Tenant subject to the provisions of Subparagraphs 21(b) and 21(e), there shall be responsible no charge to Lessee for and pay to such Standard Electric Service by way of measuring the applicable utility all charges for electricity as measured same on any meter or otherwise, such Standard Electric Service being included in Lessor's services which are covered by such meterthe Basic Rent reserved hereunder. Landlord Lessor shall not be liable in any way be liable or responsible to Tenant Lessee for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed energy furnished to the Demised Premises by reason of any requirement, act or is no longer available omission of the public utility serving the Building with electricity or suitable for Tenant’s requirementsany other reason not attributable to Lessor. Any additional riser or risers to supply Tenant’s Lessor, however, shall furnish and install all building standard replacement lighting tubes, lamps, bulbs and ballasts required in the Demised Premises, at Lessee's sole cost and expense. Lessee shall be solely responsible for furnishing and installing, at its cost and expense, all non-building standard lighting tubes, lamps, bulbs and ballasts.
(b) The Lessor's Standard Electric Service shall, unless otherwise provided by agreement in writing between the parties, provide the electrical current for usual office requirements, upon equipment and heating, ventilating and air-conditioning systems during Building Hours (as that term is defined in Paragraph 42(d) hereof). Usual office equipment shall include typewriters and collators, copying machines, calculators, clocks, water coolers, personal computers and the like. In no event shall Lessor's Standard Electric Service include electrical current for any computer and/or word processor installation or for any requirements needing greater than a 15-amp line. All installations of electrical fixtures, appliances and equipment within the Demised Premises shall be subject to Lessor's prior written request approval, which approval shall not be unreasonably withheld or delayed. Lessor and Lessee shall use their reasonable good faith efforts to Tenantnegotiate for the delivery of supplemental air conditioning by Lessor, will and the cost therefor. If Lessor and Lessee shall be installed by Landlordunable to agree after good faith discussions, Lessee may install one or more supplemental air-conditioning system for the server room and any other room in the Demised Premises at the Lessee's sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, Lessor's approval not to be unreasonably withheld. Any such supplemental air-conditioning system shall include electronic metering at Lessee's sole cost and expense. Lessee shall pay to Lessor the direct cost of the supplemental air-conditioning system including electric metering together with an administrative and handling fee of ten (10%) percent, conditioned or delayedpromptly upon receipt of invoices therefor.
(c) Lessee shall pay to Lessor in equal monthly installments, in each instance. In no event shall Tenant use or install any advance, the reasonable cost of electrical services and energy in excess of the Standard Electric Service referred to above, whether resulting from the installation of additional fixtures, appliances or equipment with or machines without Lessor's consent, or from use at times other than those set forth above. Lessee agrees that Lessor, from time to time, may cause an independent electrical engineer, electrical consulting firm, or such other appropriate professional firm selected by Lessor, from time to time, to make a determination of the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload value of the electrical circuits servicing services supplied to Lessee. If it shall be determined that the Demised Premises then full value of such electrical services being supplied to Lessee is in excess of the Standard Electric Service Factor based upon increased usage, rate increase or any other reason, this Lease shall be modified to provide for an increase in the BuildingBasic Rent for the entire Term of the Lease by an annual amount equal to such excess. However, if it shall be determined that the full value to the Lessee does not exceed the Standard Electric Service Factor, there shall be no increase or decrease in the Basic Rent.
Appears in 1 contract
Electricity. 14.01 Landlord shall furnish electricity to the Premises for lighting and other general office purposes. If Tenant requires electricity elsewhere in the Building or on the Property, then such electricity shall obtain electricity be furnished in all respects at Tenant's sole cost and expense. Tenant's use of electrical energy in the Premises, the Building and elsewhere on the Property shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises or Tenant's electrical energy needs elsewhere in the Building or on the Property (as the case may be). In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the electrical services for the Demised Premises on a direct meter basisBuilding or the Property, Tenant shall be responsible for give notice to Landlord and pay obtain Landlord's prior written consent whenever Tenant shall connect to the Building's or the Property's electrical distribution system any fixtures, appliances or equipment other than lamps, typewriters, personal computers and similar small machines. Any additional feeders or risers to supply Tenant's electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by Landlord upon Tenant's request, at the sole cost and expense of Tenant, provided that such additional feeders and risers are permissible under applicable utility laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to the Building or any other portion of the Property or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building or the Property. Tenant agrees that it will not make any alteration or material addition to the electrical equipment in the Premises, the Building or elsewhere on the Property without the prior written consent of Landlord in each instance first obtained. Tenant, at Tenant's expense, shall purchase, install and replace all charges light bulbs or tubes used in the Premises or used exclusively by Tenant in the Building or elsewhere on the Property, except that Landlord shall furnish the light bulbs and tubes and labor for electricity as measured by such meterthe initial installation of light bulbs and tubes in the Premises. Landlord shall not in any way be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either the quantity quantity, character, or character supply of electric service electrical energy is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost any time, at its option and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall upon not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more less than sixty (60) days and be due prior notice to Tenant, may discontinue furnishing electric current to the sole fault of Landlord, Premises or for Tenant's exclusive use elsewhere in the Building or on the Property; and in either such case Tenant shall have contract with the right public service company supplying electric current for the purchase by Tenant of electric current directly from such company. In such event, Landlord shall (i) permit its risers, conduits and feeder, to terminate this Lease by giving written notice the extent available, suitable and safely capable, to Landlord no later than be used to enable Tenant so to purchase electric current, (ii) without cost to Tenant, make such alterations and additions to the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of and/or appliances in the Building or elsewhere on the Property as may be required for such direct purchase, and (iii) at Landlord's expense, shall furnish and install any type necessary metering equipment, which Tenant shall thereafter maintain and repair at its expense. In the event Landlord shall exercise such option, the Annual Base Rent and the Operating Expense Base shall be decreased by an amount equal to the Building electric distribution system, beyond that on cost (which cost shall be determined by Landlord in Landlord's sole reasonable discretion) of electricity furnished by Landlord to the Premises and for Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant 's exclusive use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines elsewhere in the Demised Premises would result in an overload Building or on the Property as of the electrical circuits servicing the Demised Premises or the BuildingTerm Commencement Date.
Appears in 1 contract
Electricity. 14.01 (a) With respect to each Additional Premises Space and with respect to all of the Leased Premises (exclusive of the Basement Space) during the Further Extended Term (or earlier at any time following the date hereof at Tenant's election with respect to all or any portions of the Leased Premises (exclusive of the Basement Space) provided that Tenant gives to Landlord prior written notice of its intention to elect having its electric consumption measured by submeters and the installation thereof as hereafter provided), the following provisions shall apply with respect to Tenant's use of electricity with respect to those portions of the Leased Premises intended to be covered thereby in lieu of the provisions of Section 24.01 of the Lease, Section 24.03 of the Lease, the first paragraph of Section 24.05 of the Lease, the second paragraph of Section 24.05 of the Lease, Section 24.08 of the Lease and Section 24.10 of the Lease and, additionally, there shall be no reduction in the fixed minimum rent payable under the Lease as is otherwise provided for in Section 24.04.A of the Lease (except to the extent that Tenant shall obtain elect to have its electric 84 -72- consumption measured by submeters prior to the Commencement of the Further Extended Term and then only for such period prior thereto): Tenant's electricity for consumption and demand in the Demised Leased Premises on a direct meter basis, Tenant (exclusive of the Basement Space) shall be responsible for and pay to the applicable utility all charges for electricity as measured by such submeters (including for this purpose any totalizing meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be ) installed by Landlord, at the sole Tenant's cost and expense expense. At any time during the Term, Landlord may obtain electricity service from a company or companies other than the Utility Company (such other company or companies being herein referred to as an "Alternate Utility"; and the provider of Tenantsuch electricity service from time to time being herein sometimes referred to as the "Providing Utility"). Whether Landlord obtains electricity from the Utility Company or from the Alternate Utility, unlessTenant shall purchase electricity from Landlord or Landlord's designated agent at the same terms and rates for electricity that Landlord is charged by the Providing Utility regardless of whether Landlord is obtaining such electricity for the Building alone or in conjunction with other buildings owned by Landlord or others (including, without limitation, all charges regardless of how denominated for generation, transportation, distribution or otherwise, including for this purpose any such charges imposed by the Providing Utility for using all or any portion of its facilities; provided, however, that Tenant shall receive the benefits of any discounts Landlord actually receives for the Building from any such Providing Utility [whether due to aggregation or otherwise]), plus six percent (6%) to reimburse Landlord for administrative services and line loss in Landlord’s reasonable judgmentconnection with supplying and billing such electricity (collectively, the "Administrative Services Charges"), but in no event shall the amount payable by Tenant per Kilowatt and Kilowatt Hour be more than what Landlord pays to supply same will cause permanent damage or injury at the service classification that applies to the Building or entire Building, plus the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsAdministrative Service Charges. In addition to the installation of All 85 -73- such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and sums shall be paid by the Tenant to Landlord as additional rent hereunder. If more than one meter measures the electricity consumption and demand of Tenant in the Building, the services rendered through all the meters shall be accumulated through a totalizing meter and billed on a coincident demand basis for the applicable billing period, aggregated and billed in accordance with the above provisions. Landlord may at any time (but not more frequently than monthly unless Landlord shall be receiving bills more frequently) render bills for Tenant's consumption and demand and Tenant shall pay the same within ten (10) days after following the rendering of date the same are rendered. Landlord shall have the right at any xxxx time and from time to time during the Term to discontinue obtaining electricity from the Providing Utility and to obtain electricity from any other utility provider (which may be either the Utility Company or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord an Alternate Utility), in each instance, which consent event Tenant's cost for electricity shall not be unreasonably withheldexceed Tenant's cost had Landlord not switched companies (unless Landlord shall have switched companies because of Landlord's good faith dissatisfaction with the service being provided by a utility provider, conditioned or delayedin which event the foregoing limitation shall not apply). Notwithstanding anything to the contrary hereinhereinbefore provided: (i) under no circumstances shall Landlord incur any loss in connection with Tenant's use and consumption of electricity covered by this Section 13 (including for this purpose for administrative services), should electric service be interrupted for a period of more than five (5) consecutive business days through it being the sole fault intention of Landlord so and Tenant that there shall not be a deficiency between what Landlord pays to purchase electricity and what Landlord charges Tenant for purchasing such electricity from Landlord or Landlord's designated agent. The Administrative Services Charges shall be treated separately and is intended to reimburse Landlord solely for administrative services in connection with supplying 86 -74- and billing such electricity. In furtherance of the foregoing, Tenant agrees to pay to Landlord in addition to the foregoing amounts, within fifteen (15) days following demand therefor made from time-to-time (together with reasonably detailed back-up and an invoice), an amount equal to that amount reasonably calculated by Landlord as shall be necessary to prevent Landlord from suffering such a loss; and (ii) under no circumstances shall Tenant from using at least seventypay more per Kilowatt and Kilowatt Hour for Tenant's use and consumption of electricity covered by this Section 13 than shall be paid by any other tenant in the Building which obtains electric energy on a sub-five metered basis.
(75%b) percent Effective as of the Demised Premisesdate hereof, Fixed Rent shall xxxxx until such service resumes the words "January 1, 1999" appearing in the sixth line of Section 24.04.B are deleted and Tenant is able to resume the use of at least seventy-five words "January 1, 2014" are substituted in lieu thereof.
(75%c) percent Effective as of the Demised date hereof, Section 24.09 of the Lease hereby is deleted in its entirety.
(d) In the event that (i) Tenant shall occupy any Additional Premises Space and consume electricity prior to the installation by Landlord for Tenant of submeters, or (ii) any portion of Tenant's electric consumption is measured on a meter that also measures the electric consumption of another tenant occupying space in the Building, then, in any such case, Landlord shall furnish electricity to Tenant (x) in the case of all of the Leased Premises (exclusive of the Basement Space) other than any Additional Premises Space, on the same basis that electricity presently is being furnished to Tenant, and (y) in the case of any Additional Premises Space, on the same basis that it currently is being furnished to Tenant and using the Additional Premises Space Square Footage for determining the increase in the Square Foot Area and the Additional Premises 87 -75- Space Percentage for determining the increase in the Section 23.01 Percentage, but in no event shall the charges for electricity for such space be less than $2.90 per rentable square foot per annum; provided, however, that if Tenant shall have requested that Landlord install electrical metering devices for Tenant in any Additional Premises Space as aforesaid, and if Landlord shall not have installed the same in such Additional Premises Space within ninety (90) days after Tenant's written request and authorization to proceed, then the charges for electricity for such space shall be $1.00 per rentable square foot per annum until the electrical metering devices shall have been installed by Landlord for Tenant.
(e) During the Further Extended Term (or earlier at any time following the date hereof with respect to all or any portions of the Leased Premises (inclusive of the Basement Space so long as the same shall be used for storage only or for the Additional Existing Basement Uses as herein permitted) with respect to which Tenant shall have elected to have its electric consumption measured by submeters (including for this purpose any totalizing meter) and the installation thereof shall have occurred as hereinbefore provided), Landlord shall furnish the electric energy that Tenant shall reasonably require for the Leased Premises (inclusive of the Basement Space so long as the same shall be used for storage only or for the Additional Existing Basement Uses as herein permitted) to operate in the manner Tenant deems satisfactory for such normal business office purposes for an advertising agency and the other uses incidental thereto permitted under the Lease, as modified by this Seventeenth Amendment, or for another use permitted under the Lease, as modified by this Seventeenth Amendment, which requires electric energy on a comparable basis, subject to the then capacity of the Building's electric service. If, in order to furnish the electric energy that Tenant shall reasonably require 88 -76- in the Leased Premises (exclusive of the Basement Space) to operate in the manner Tenant deems satisfactory for normal business office purposes for an advertising agency and the other uses incidental thereto, or for another use permitted under the Lease, as modified by this Seventeenth Amendment, which requires electric energy on a comparable basis, it shall be necessary to install any additional risers, other equipment, electrical installation or work to satisfy such requirements (including for this purpose if it shall be necessary to apply to the Utility Company to increase the capacity of the Building's electric service), Landlord, at Landlord's sole cost and expense (with due diligence, subject, however, to any Unavoidable Delay, and with as little interference as possible with the conduct of Tenant's business in the Leased Premises), shall provide the same, subject to and in compliance with all applicable ordinances, orders, rules, regulations, requirements, or directions of any governmental body or officer or officers having jurisdiction and/or of the Utility Company. Should If Tenant shall use the Leased Premises (inclusive of the Basement Space so long as the same shall be used for storage only or for the Additional Existing Basement Uses as herein permitted) for any use permitted under the Lease, as modified by this Seventeenth Amendment, other than for such service interruption prevent Tenant from using at least seventy-five normal business office purposes for an advertising agency and the other uses incidental thereto, or for another use permitted under the Lease, as modified by this Seventeenth Amendment, which requires electric energy on a comparable basis, then Tenant's metered demand electrical load in the Leased Premises (75%inclusive of the Basement Space) shall not exceed six (6) wattx xxx square foot with respect to the portion(s) of the Demised Leased Premises for more than sixty subject to such use unless Landlord shall be able to provide additional electrical energy based upon the then existing capacity of the Building's electric service and without any possible adverse effect on such service and taking into account the needs of other existing and potential future tenants 89 -77- of the Building and of the Building itself as determined by Landlord in its reasonable judgment. All work necessary to furnish such additional electrical energy, if any, shall be provided and maintained by Landlord (60with due diligence, subject, however, to any Unavoidable Delay, and with as little interference as possible with the conduct of Tenant's business in the Leased Premises), subject to and in compliance with all applicable ordinances, orders, rules, regulations, requirements or directions of any governmental body or officer or officers having jurisdiction and/or of the Utility Company, and the cost thereof shall be paid by Tenant within fifteen (15) days following Landlord's demand therefor together with reasonably detailed back-up and invoices therefor. Landlord shall use commercially reasonable efforts to perform such work in a cost-effective manner. If Tenant shall so require additional electrical energy which shall exceed the then existing capacity of the Building's electric service (taking into account the needs of other existing and potential future tenants of the Building and of the Building itself as determined by Landlord in its reasonable judgment), then in order to insure that the capacity of the electrical conductors, machinery and equipment in or otherwise serving the Leased Premises is not exceeded to avert possible adverse effect upon the Building's electric service and to insure compliance with all applicable ordinances, orders, rules, regulations, requirements, or directions of any governmental body or officer or officers having jurisdiction and/or of the Utility Company, Landlord's prior written consent, which shall not be unreasonably withheld or delayed, shall be required for any additional risers, other equipment, electrical installation or work required to satisfy Tenant's electrical requirements. Should Landlord grant such consent, any additional risers or other equipment or work required therefor shall be provided and maintained by Landlord (with due diligence, subject, however, to any Unavoidable Delay, and with as little 90 -78- interference as possible with the conduct of Tenant's business in the Leased Premises), subject to and in compliance with all applicable ordinances, orders, rules, regulations, requirements or directions of any governmental body or officer or officers having jurisdiction and/or of the Utility Company, and the cost thereof shall be paid by Tenant within fifteen (15) days following Landlord's demand therefor together with reasonable detailed back-up and invoices therefor. Landlord shall use commercially reasonable efforts to perform such work in a cost-effective manner.
(f) All electric metering devices installed by Landlord for Tenant as aforesaid shall conform in every respect to the sole fault requirements, rules and regulations of the local public utility as approved from time to time by the Public Service Commission of the State of New York (or its successor) as to the accuracy of measurement of such meters or metering devices, including, but not limited to, proper measurement and reflection of power factor and, additionally, shall have been approved by Landlord, which shall not be unreasonably withheld or delayed. Tenant shall have the right from time to terminate this Lease by giving time, at Tenant's expense, to test all such electrical metering devices upon reasonable advance written notice to Landlord no later than and in the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datespresence of Landlord or its representatives if Landlord shall so elect.
14.02 (h) If any tax is imposed upon Landlord with respect to electrical energy furnished as a service to Tenant by any Federal, State, County or Municipal authority, Tenant covenants and agrees not that where permitted by law or applicable regulations, Tenant's pro rata share of such taxes shall be reimbursed by Tenant to connect any Landlord as additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingrent.
Appears in 1 contract
Samples: Lease (Grey Advertising Inc /De/)
Electricity. 14.01 Tenant (a) Landlord shall obtain provide electricity for to the Demised Premises on a direct meter basissubmetering basis from the existing risers and switches on the floor. Tenant's consumption of electricity shall be measured by one independent time of day (or use) submeter furnished and installed by Landlord, at the cost of Tenant, and read by Landlord. If Tenant shall require electricity exceeding the available service capacity, any additional risers, feeders and similar electrical equipment which may be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord required, shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, to and for the use of Tenant in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create during the term hereof. Any riser(s) shall terminate at a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsdisconnect switch to be located at a point designated by Landlord in electrical closet(s) on the floor of the Demised Premises. In addition Such disconnect switch shall be the sole source from which Tenant is to obtain electricity. Such submeter shall at all times be maintained by Tenant, at its expense, unless damaged due to the installation negligence of such riser Landlord, its agents, employees or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionscontractors. Tenant covenants and agrees that to purchase electric power from Landlord or Landlord's designated agent at all times its use charges, terms and rates set, from time to time, during the term of this Lease by Landlord but not more than those specified in the service classification in effect from time to time pursuant to which Landlord then purchases electric current from the Electric Service Provider or Alternate Service Provider (as said terms are hereinafter defined), as the case may be, plus a fee equal to five (5%) percent of such charges, representing agreed upon administrative and overhead costs to Landlord. Bills therefor shall never exceed the capacity be rendered monthly or at such other times as Landlord may elect together with copies of the feeders submeter printouts showing the totalized demand for the meter and copies of the applicable public utility rate schedule pursuant to the Building or the risers or wiring installation which Landlord represents is sufficient then purchasing electricity for ordinary office use. It is further covenanted the Building, and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible amount, as Additional Rent and computed from such meter, shall be deemed to be, and be paid by the Tenant to the Landlord as, additional rent, within ten (10) days after thereafter, without any set-off or deduction. If any tax is imposed upon Landlord's receipt from the rendering sale or resale of electric energy to Tenant by any federal, state or municipal authority, Tenant covenants and agrees that, where permitted by law, Tenant's pro rata share of such taxes shall be passed on to, and included in the xxxx of, and paid by, Tenant to Landlord.
(b) Landlord has advised Tenant that presently Con Edison ("Electric Service Provider") is the utility company selected by Landlord to provide electricity service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the term of this Lease to either contract for service from a different company or companies providing comparable electricity service at comparable or lower rates (each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Electric Service Provider.
(c) Tenant shall cooperate with Landlord, the Electric Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery within the Demised Premises.
Section 23.02. Landlord shall not be liable in any way for any loss, damage or expense that Tenant may sustain or incur by reason of or any failure, change, interruption or defect in the supply or character of electric energy furnished to the Demised Premises by reason of any xxxx requirement, act or statement omission of the Electric Service Provider or Alternate Service Provider (as said terms are hereinafter defined) serving the Building with electricity and no such failure, change, interruption or defect shall constitute an act of constructive eviction, in whole or in part, or entitle Tenant to the any abatement of minimum rent or additional rent or relieve Tenant thereforof its obligations under this Lease. Tenant shall make no alterations furnish and install, at its sole cost and expense, all lighting fixtures, tubes, lamps, bulbs, ballasts and outlets relating to Tenant's electrical equipment.
Section 23.03. Tenant's connected electrical load in the Demised Premises, including lighting, shall not at any time exceed the capacity of any of the electrical conductors and equipment in or additions servicing the Demised Premises which capacity Landlord represents to be six (6) xxxxx per usable square foot (excluding the Building HVAC). In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric equipment and/or appliances service, Tenant shall not, without the Landlord's prior written consent of Landlord in each instance, which consent make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date, nor connect any additional fixtures, appliances or equipment that would exceed the electrical capacity of the Demised Premises represented by Landlord. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant.
Section 23.04. Landlord reserves the right to discontinue furnishing electric energy at any time, whether or not Tenant is in default under this Lease, upon not less than thirty (30) days' notice to Tenant, provided Landlord discontinues furnishing electricity to all other tenants in the Building. If Landlord exercises such right of discontinuance, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that, from and after the effective date of such discontinuance, Landlord shall not be unreasonably withheldobligated to furnish electric energy to Tenant. If Landlord so elects to discontinue furnishing electric energy to Tenant, conditioned or delayedTenant shall arrange to obtain electric energy directly from the public utility company furnishing electric service to the Building. Notwithstanding anything the foregoing, Landlord shall not discontinue furnishing electric energy until Tenant is able to obtain such electric energy directly from said public utility. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the contrary hereinextent that they are available, should suitable and safe for such purposes. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric service energy directly from such public utility company, and which are to be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of located within the Demised Premises, Fixed Rent shall xxxxx until be installed by Landlord at its expense if such service resumes and Tenant is able to resume the use of discontinuance was voluntary, or installed by Landlord at least seventy-five (75%) percent of the Demised Premises. Should Tenant's expense if such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease discontinuance was required by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises law or the Buildingutility company. Thereafter, all of such equipment shall be maintained by Tenant at its expense.
Appears in 1 contract
Samples: Lease Agreement (Cmgi Inc)
Electricity. 14.01 Section 13.1. Tenant shall obtain at all times comply with the rules, ------------- regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity for to the Demised Premises on a direct meter basis, Building. Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in use any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessequipment which, in Landlord’s 's reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never would exceed the capacity of the existing feeders to the Building or the risers or wiring installations therein or which will overload such installations or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord's sole judgment, Tenant's electrical requirements necessitate installation which of an additional riser, risers or other proper and necessary equipment, Landlord represents is sufficient for ordinary office useshall so notify Tenant of same. It is further covenanted Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electrical capacity (specifying the amount requested) be made available to Tenant. Landlord, in Landlord's reasonable judgment shall determine whether to make available such additional electrical capacity to Tenant and agreed the amount of such additional electrical capacity to be made available. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any switchgear, the same shall be installed by the Tenant that all the aforesaid costs Landlord. Any such installation shall be made at Tenant's sole cost and expenses are expense, and shall be chargeable and collectible as Additional additional rent and paid within ten (10) days after the rendition of a xxxx to Tenant therefor. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the gross negligence of Landlord, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Landlord.
(A) Unless Landlord elects to supply electricity to the ------------- Premises pursuant to Section 13.3 or Landlord elects to have Tenant obtain electricity from the public utility furnishing electricity to the Building pursuant to the provisions of Section 13.4 hereof, Landlord shall furnish electric current to the Premises for the use of Tenant for the operation of the lighting fixtures and the electrical receptacles for ordinary office equipment in the Premises on a "rent inclusion" basis, that is, there shall be no separate charge to Tenant for such electric current by way of measuring such electricity service on any meter. The Fixed Rent set forth in this Lease includes an annual charge for electricity service of Nineteen Thousand Five Hundred Ninety-Three Dollars ($19,593) (such amount, as it may be increased pursuant to the provisions of this Lease, being referred to as the "Electricity Inclusion Factor"). The parties agree that although the charge for --------------------------- furnishing electrical energy is included in the Fixed Rent on a so-called "rent inclusion" basis, the value to Tenant of such service may not be fully reflected in the Fixed Rent. Accordingly, Tenant agrees that Landlord, in the event that Landlord, in its reasonable discretion determines that Tenant is consuming electrical energy in an amount which exceeds the consumption level consistent with companies conducting businesses comparable to that of Tenant, may cause a reputable and independent electrical engineer or electrical consulting firm, selected by Landlord (such engineer or consulting firm being hereinafter referred to as "Landlord's Engineer"), to make a determination, following the ------------------- commencement of Tenant's normal business activities in the Premises, of the Full Value of such service to Tenant. As used herein, the "Full Value" to Tenant of ---------- such service shall mean the product obtained by multiplying the demand and consumption of electric energy at the Premises by the Electric Rate. Landlord's Engineer shall certify such determination in writing to Landlord and Tenant. If the Full Value to Tenant is in excess of the Electricity Inclusion Factor, the Electricity Inclusion Factor and the Fixed Rent shall be increased by such excess. However, if it shall be so determined that the Full Value to Tenant of such service does not exceed the Electricity Inclusion Factor, there shall nevertheless be no decrease in the Electricity Inclusion Factor or in the Fixed Rent.
(B) If during the Term the Electric Rate shall increase over the Base Electric Rate, the Electricity Inclusion Factor (and therefore the Fixed Rent) shall be proportionately increased.
(i) Landlord, from time to time during the Term, may cause Landlord's Engineer to survey the demand and consumption of electrical energy at the Premises. If the then Full Value shall exceed the then Electricity Inclusion Factor, the Electricity Inclusion Factor (and therefore the Fixed Rent), shall be proportionately increased, based on the increased demand and consumption and the then prevailing Electric Rate.
(ii) Landlord shall furnish to Tenant a written statement (an "Electricity Statement") setting forth Landlord's determination of any increase --------------------- which has occurred in the Full Value and the Electricity Inclusion Factor (and therefore the Fixed Rent) pursuant to the provisions of either Sections 13.2(A), (B), or (C)(i). Any such increase in the Electricity Inclusion Factor and the Fixed Rent shall be effective as of the date of such increase in the Electric Rate or the consumption and demand of electric energy by Tenant and shall be retroactive to such dates if necessary. Any retroactive increase shall be paid by Tenant within ten (10) days after demand and such amount shall be collectible by Landlord as Fixed Rent hereunder.
(iii) Each such Electricity Statement given by Landlord pursuant to Section 13.2(C)(ii) above, shall be conclusive and binding upon Tenant, unless within ninety (90) days after the receipt of such Electricity Statement, Tenant shall notify Landlord that it disputes the correctness of the Electricity Statement. If such dispute is based on Tenant's demand and consumption of electric current, Tenant shall submit a survey and determination of such adjustment, made at its sole cost and expense, by a reputable and independent electrical engineer or electrical consulting firm ("Tenant's -------- Engineer"), within ninety (90) days after receipt of such Electricity Statement. -------- If Landlord and Tenant are unable to resolve the dispute differences between them within thirty (30) days after receipt by Landlord of a copy of the determination of Tenant's Engineer, the dispute shall be decided by a third reputable and independent electrical engineer or electrical consulting firm ("Third Engineer"). If the parties shall fail to agree upon the designation of -------------- the Third Engineer within forty (40) days after the receipt by Landlord of the determination of Tenant's Engineer, then either party may apply to the American Arbitration Association or any successor thereto for the designation of the Third Engineer. The Third Engineer shall conduct such hearings as he deems appropriate. The Third Engineer, within thirty (30) days after his designation, shall select the determination of either Landlord's Engineer or Tenant's Engineer and such determination shall be conclusive and binding upon the parties whether or not a judgment shall be entered in any court. The fees of the Third Engineer and the costs of arbitration shall be paid equally by the parties, except that each party shall pay its own counsel fees and expenses, if any, in connection with the arbitration. Pending the resolution of such dispute by agreement or arbitration as aforesaid, Tenant shall pay the increase in the Electricity Inclusion Factor in accordance with the Electricity Statement, without prejudice to Tenant's position, as herein provided. If the dispute shall be resolved in Tenant's favor, Landlord, at its option, shall either credit the amount of such overpayment against subsequent monthly installments of Fixed Rent hereunder or pay to Tenant the amount of such overpayment.
(D) Landlord's failure during the Term to prepare and deliver any Electricity Statement, or bills, or Landlord's failure to make a demand, under this Article or any other provisions of this Lease, shall not in any way be deemed to be a waiver of, or cause Landlord to forfeit or surrender, its rights to collect any portion of the increase in the Electricity Inclusion Factor (and therefore the Fixed Rent) which may have become due pursuant to this Article 13 during the Term. Tenant's liability for the amounts due under this Article 13 shall survive the expiration or sooner termination of this Lease and Landlord's obligation, if any, to refund any payments by Tenant in excess of the amounts required to be paid by Tenant to Landlord pursuant to this Article 13 shall survive the expiration or sooner termination of this Lease. The preceding sentence shall not, however, be construed as limiting or restricting, in any manner whatsoever, Landlord's right pursuant to this Lease or pursuant to law to offset any such overpayments by Tenant against any amounts which may be due and payable as provided in this Lease.
(E) In no event shall any adjustment of the payments made or to be made hereunder result in a decrease in Fixed Rent or additional rent payable pursuant to any other provision of this Lease, or in the amount paid for electricity for the prior year.
(F) The Electricity Inclusion Factor shall be collectible by Landlord in the same manner as Fixed Rent.
(G) For the purposes of this Section 13.2, Landlord and Tenant agree that the term "Electric Rate" (including all applicable surcharges, demand ------------- charges, energy charges, fuel adjustment charges, time of day charges, taxes and other sums payable in respect thereof) shall mean the greater of:
(i) the service classification pursuant to which Landlord purchases electricity from the utility company servicing the Building, and
(ii) the service classification pursuant to which Tenant would purchase electricity directly from the utility company servicing the Building.
(H) If Landlord discontinues furnishing electricity to Tenant pursuant to this Section 13.2, the Fixed Rent shall be decreased by the Electricity Inclusion Factor effective as of the date Landlord discontinues the provision of electricity in such manner
(A) If Landlord shall no longer elect to have electricity ------------- furnished to the Premises pursuant to Section 13.2 hereof then, unless Landlord elects to have Tenant obtain electricity from the public utility company furnishing electricity to the Building pursuant to the provisions of Section 13.4 hereof, electricity shall be furnished by Landlord to the Premises and Tenant shall pay to Landlord, as additional rent for such service, during the Term, an amount (the "Electricity Additional Rent") equal to (i) the amount --------------------------- Landlord actually pays to the utility company to provide electricity to the Premises, including all applicable surcharges, demand charges, time-of-day charges, energy charges, fuel adjustment charges, rate adjustment charges, taxes and other sums payable in respect thereof, based on Tenant's demand and/or consumption of electricity (and/or any other method of quantifying Tenant's use of or demand for electricity as set forth in the utility company's tariff) as registered on a meter or submeter (installed by Landlord at Landlord's sole cost and expense) for purposes of measuring such demand, consumption and/or other method of quantifying Tenant's use of or demand for electricity (it being agreed that such meter or submeter shall measure demand and consumption, and off-peak and on-peak use, in either case to the extent such factors are relevant in making the determination of Landlord's cost) plus (ii) an amount equal to the out-of-pocket costs and expenses incurred by Landlord in connection with reading such meters and preparing bills therefor. Tenant, from time to time, shall have the right to review Landlord's meter readings, and Landlord's calculation of the Electricity Additional Rent, at reasonable times and on reasonable prior notice, by giving notice thereof to Landlord on or prior to the ninetieth (90th) day after the date when Landlord gives Tenant a xxxx or statement for the Electricity Additional Rent.
(B) Where more than one meter measures the electricity supplied to Tenant, the electricity rendered through each meter may be computed and billed separately in accordance with the provisions hereinabove set forth. Bills for the Electricity Additional Rent shall be rendered to Tenant at such time as Landlord may elect, and Tenant shall pay the amount shown thereon to Landlord within ten (10) days after receipt of such xxxx. Tenant expressly acknowledges that in connection with the rendering installation of any xxxx the meters or statement submeters, the electricity being supplied to the Premises shall be temporarily interrupted. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant's business in connection with such installation; provided, however, that Landlord shall have no obligation to employ contractors or labor at so-called overtime or other premium pay rates or to incur any other overtime costs or expenses whatsoever.
Section 13.4. If Landlord shall be required by Requirements or the public ------------- utility serving the Premises to discontinue furnishing electricity to Tenant therefor. Tenant this Lease shall make no alterations or additions to continue in full force and effect and shall be unaffected thereby, except only that from and after the electric equipment and/or appliances without the prior written consent effective date of such discontinuance, Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayedobligated to furnish electricity to Tenant and Tenant shall not be obligated to pay the Electricity Additional Rent. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of If Landlord so as discontinues furnishing electricity to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordTenant, Tenant shall have use diligent efforts to obtain electric energy directly from the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type public utility furnishing electric service to the Building electric distribution systemBuilding. The costs of such service shall be paid by Tenant directly to such public utility. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, beyond that on Tenant’s approved plans at no charge, to the extent the same are available, suitable and safe for initial occupancysuch purposes as reasonably determined by Landlord. All meters and all additional panel boards, other than lampsfeeders, computers risers, wiring and other small office machines conductors and equipment which consume comparable amounts of electricitymay be required to obtain electricity shall be installed by Landlord at Tenant's expense. Provided Tenant shall use and continue to use diligent efforts to obtain electric energy directly from the public utility, without Landlord’s prior written consent, to the extent permitted by applicable Requirements, shall not discontinue furnishing electricity to the Premises until such installations have been made and Tenant shall be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines able to obtain electricity directly from the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingpublic utility.
Appears in 1 contract
Samples: Lease Agreement (Xoom Inc)
Electricity. 14.01 4.01 Tenant agrees that Landlord shall obtain furnish electricity to Tenant on a "submetering" basis. Landlord shall install any submeters required in Landlord's reasonable judgment in the demised premises at Tenant's sole cost and expense. Electricity and electric service, as used herein, shall mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including, but not limited to, services which facilitate the distribution of service.
4.02 Tenant covenants and agrees to purchase electricity from Landlord or Landlord's designated agent at charges, terms and rates, including, without limitation, fuel adjustments and taxes, equal to those specified in the Con Edison SC#4-I rate schedule effective on the date Landlord first provides electricity to the demised premises on a submetering basis (the "effective" date), or any successor rate schedule or service classification, plus ten percent (10%) for transmission line loss and other redistribution costs. Where more than one meter measures the service of Tenant in the Building, the service rendered through each meter shall be aggregated and billed in accordance with the rates herein. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, Additional Charges. If any tax is imposed upon Landlord's receipt from the sale or resale of electrical energy service to Tenant by any Federal, State or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of such taxes shall be passed on to and included in the amount of, and paid by, Tenant to Landlord.
4.03 If all or part of the submetering additional rent payable in accordance with this Article 4 becomes uncollectible or reduced or refunded by virtue of any law, order or regulation, the parties agrees that, at Landlord's option, in lieu of all submetering Additional Charges, and in consideration of Tenant's use of the Building's electrical distribution system and receipt of redistributed electricity and payment by Landlord of consultant's fees and other redistribution costs, the fixed annual rent to be paid under this Lease shall be increased by an "alternative charge" which shall be a sum equal to $3.00 per year per rentable square foot of the demised premises, changed in the same percentage as any increases in the cost to Landlord for electricity for the Demised Premises on a direct meter basisentire Building subsequent to January 1, Tenant shall be responsible for and pay 2000 because of electric rate or service classification or market price changes.
4.04 Unless due to the applicable utility all charges for electricity as measured by such meter. negligence or willful misconduct of Landlord or its agents or employees, Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s 's requirements. Tenant agrees not to connect any additional electrical equipment to the Building electric distribution system, other than lamps and small office machines and personal computers which consume comparable amounts of electricity, without Landlord's prior written consent, which consent shall not be unreasonably withheld. Any additional riser or risers to supply Tenant’s 's electrical requirements, upon written request to of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessif, in Landlord’s reasonable 's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises demised premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expenses or otherwise interfere with or disturb other tenants or occupantsoccupants of the Building except to a de minimis extent. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. The parties acknowledge that they understand that it is anticipated that electric rates, charges, etc., may be changed by virtue of time-of-day rates or other methods of billing, electricity purchases and the redistribution thereof, and that the references in the foregoing paragraphs to changes in methods of or rules on billing are intended to include any such changes. Anything hereinabove to the contrary notwithstanding, in no event is the submetering additional rent or any "alternative charge", to be less than an amount equal to the total of Landlord's payment to public utilities and/or other providers for the electricity consumed by Tenant covenants (and agrees that any taxes thereon or on redistribution of same) plus ten percent (10%) for transmission line loss and other redistribution costs. The Landlord reserves the right to terminate the furnishing of electricity upon thirty (30) days' written notice to Tenant, in which event the Tenant may make application direction to the public utility and/or other providers for the Tenant's entire separate supply of electric current and Landlord shall permit its wires and conduits, to the extent available and safely capable, to be used for such purpose, but only to the extent of Tenant's then authorized load. Any meters, risers, or other equipment or connections necessary to furnish electricity on a submetering basis or to enable Tenant to obtain electric current directly from such utility and/or other providers shall be installed at all times its Tenant's sole cost and expense. Only rigid conduit or electrical metal tubing (EMT) will be allowed. The Landlord, upon the expiration of the aforesaid thirty (30) days' written notice to Tenant may discontinue furnishing the electric current but this Lease shall otherwise remain in full force and effect; provided, however, if Tenant shall be using due diligence to obtain a direct supply of electricity from the public utility company, such thirty (30) day period shall be extended until Tenant shall be receiving such direct service.
4.05 Landlord shall provide six (6) xxxxx per rentable square foot connected load (exclusive of the air cooled packaged air conditioning units serving the demised premises) to a disconnect switch in the demised premises in a location to be designated by Landlord on each floor comprising the demised premises. Tenant's use of electric current energy in the demised premises shall never not at any time exceed the capacity of any of the feeders electrical conductors and equipment in or otherwise serving the demised premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's distribution of electricity via the Building's electric system, Tenant shall not, without Landlord's prior consent in each instance (which consent shall not be unreasonably withheld or delayed), connect any fixtures, appliances or equipment (other than normal business machines and personal computers, which do not materially increase Tenant's electrical consumption) to the Building Building's electric system or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of make any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent system of the Demised Premises, Fixed Rent demised premises existing on the Commencement Date. Landlord shall make electrical energy available at a level sufficient to accommodate a connected load of six (6) xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent per rentable square foot of the Demised Premisesdemised premises; provided, however, such electrical energy shall be terminated at a disconnect switch within an electrical closet located within the demised premises and designated by Landlord. Should such service interruption prevent Landlord shall also make electrical energy available at a level sufficient to accommodate the air cooled packaged air conditioning units serving the demised premises to be installed by Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of in accordance with Article 50 below.
4.06 At Landlord's option, Tenant shall have purchase from Landlord or Landlord's agent all lighting tubes, lamps, bulbs and ballasts used in the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day demised premises and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE Tenant shall pay Landlord's reasonable charges for Tenant providing and installing same, on demand, as to both datesadditional rent.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. 4.07 In no event shall Tenant use or install any fixtures, equipment or machines the use fixed annual rent under this Lease be reduced below the amount set forth in Section 1.01 hereof by virtue of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingthis Article 4.
Appears in 1 contract
Samples: Lease Agreement (THCG Inc)
Electricity. 14.01 Subject to Section 16.03 hereof, throughout the Term, Landlord shall permit the Tenant to tie into the electrical distribution system serving the Premises provided Tenant's consumption does not exceed the maximum energy allocation to the Premises, upon the following terms and conditions:
(a) Tenant shall obtain electricity pay for such electrical energy as provided herein and for the Demised Premises on a direct meter basiscost of electric surveys as defined herewith, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Additional Rent;
(b) Landlord shall not be liable in any way be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either as a result of any failure, defect or change in the quantity or character of electric service is changed electricity furnished to the premises or if such quantity or character of electricity furnished to the Premises is no longer available or suitable for Tenant’s requirements. Any additional riser 's requirements or risers due to any cessation, dimunition or interuption of the supply Tenant’s thereof;
(c) An independant electrical requirementsengineer, upon written request selected by Landlord and reasonably acceptable to Tenant, will shall survey Tenant's electric demand for lighting and equipment to determine Tenant's average monthly consumption. Until the survey is completed, the Tenant shall pay an estimated monthly electrical charge set forth in Section 31.14 hereof. Upon completion, the amount due per the survey shall be installed by computed, and the difference, if any, between said amount and the estimated charge shall either be paid to Landlord, at the sole cost and expense of if there was an underpayment, or credited to Tenant, unlessif there was an overpayment. Thereafter, until the Premises are resurveyed, Tenant shall pay Landlord each month, an amount equal to the average monthly consumption determined by the survey times the electric rate charged by the utility serving the Building. Landlord may resurvey the Premises at any time, and from time-to-time, and the electrical charges due shall be appropriately adjusted to accord with the results of the latest survey;
(d) In the event that there shall be an increase or decrease in Landlord’s reasonable judgment, the same will cause permanent damage or injury rate schedule of the public utility for the supply of electric energy to the Building or the Demised Premises imposition of any tax with respect to such electric energy or cause increase in such tax following the Commencement Date, the Additional Rent payable hereunder shall be equitably adjusted to reflect the resulting increase, decrease or create a dangerous tax;
(e) Tenant shall be responsible for replacing all light bulbs, fluorescent lamps, whether or hazardous condition or interfere with or disturb other tenants or occupants. In addition to not Building standard, and all ballasts used by Tenant in the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionsPremises. Tenant covenants and agrees that at all times its use of electric current electricity in the Premises shall never exceed be limited to and for the capacity operation of the feeders building standard lighting, and electric typewriters, calculators, copying machines and other small office machines. The use of large copying machines and computers is specifically prohibited unless the proposed consumption is included in the survey referred to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforabove. Tenant shall make no alterations or additions alteration to the electric existing electrical equipment and/or or connect any fixtures, appliances or equipment in addition to the equipment listed above without the prior written consent of Landlord in each instance. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant upon Landlord's demand. As a condition to granting such consent, Landlord may require an Increase in the Additional Rent by an amount which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to will reflect the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent cost of the Demised Premises, Fixed additional equipment and service to be furnished by Landlord. The amount of such increase in Additional Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlorddetermined by an independent electrical engineer, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant’s approved plans for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of electricity, without Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, in each instance. In no event selected by Landlord whose services shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingbe paid for by Tenant.
Appears in 1 contract
Electricity. 14.01 Tenant shall obtain electricity From and after the Commencement Date for each Portion of the Demised Premises on a direct meter basisPremises, Tenant shall agrees to pay, or cause to be responsible for and pay to the applicable utility paid, as Additional Rent, all charges for electricity as measured consumed in the applicable Portion of the Premises (or by any special facilities serving the Premises). Tenant will comply with all contracts relating to any such meterservices. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply charges for such utility usage shall be based upon Tenant’s electrical requirements, upon written request to Tenant, will be installed actual usage as determined by Landlord, at ’s reading of check-meters serving the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity provided as part of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforFinish Work. Tenant shall make no alterations or additions monthly payments of Additional Rent on account of electricity, in advance, on the applicable Commencement Date and the first of each month thereafter equal to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five one-twelfth (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%1/12) of the Demised Premises annual amount of such Additional Rent reasonably projected by Landlord, based upon prior usage at the relevant building or as projected by Landlord’s engineer, to be due from Tenant (pro-rated for any partial month at the beginning or end of the term) from time to time. Tenant’s monthly payments may be reasonably revised by Landlord from time to time so that Tenant’s aggregate monthly payments shall equal the Additional Rent then projected to be due for the year in question. Landlord shall provide Tenant with a statement showing Tenant’s actual usage of electricity based on the reading of Tenant’s check-meters no less often than annually. If the Additional Rent due for electricity is less than the Additional Rent for electricity paid by Tenant on account of Landlord’s calculation of estimated electrical charges, Landlord shall either promptly refund to Tenant the difference or credit same against Rent next due from Tenant. If the Additional Rent due for electricity is more than sixty (60) days and be due to the sole fault Landlord’s calculation of Landlordestimated electrical charges, Tenant shall have the right to terminate this Lease by giving written notice pay such amount to Landlord no later than within 30 days following receipt of the seventieth (70th) consecutive day xxxx therefor. If such usage is not separately or check-metered from time to time, such usage and vacating no later than billing shall be based upon the ninetieth (90th) consecutive dayreasonable estimate of Landlord’s consulting engineer. TIME BEING OF THE ESSENCE for If Tenant as is directed by Landlord to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type make payments directly to the Building electric distribution system, beyond that on Tenant’s approved plans utility company for initial occupancy, other than lamps, computers and other small office machines which consume comparable amounts of separately metered electricity, without Landlord’s prior written consentthen Tenant shall pay such bills directly to the utility company, not to be unreasonably withheldTenant shall contract directly for electric service, conditioned or delayedand shall pay all bills for such utility service as and when due. Tenant shall pay all costs associated with obtaining the electricity service, in each instance. In no event shall Tenant use or install any fixturesincluding costs for equipment installation, equipment or machines maintenance and repair; exit fees, stranded cost charges, and the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildinglike.
Appears in 1 contract
Samples: Lease (Alkermes Inc)
Electricity. 14.01 Section 13.1 Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity for to the Demised Building. The risers servicing the Premises on a direct meter basisshall be capable of
1. Within five (5) days after receipt of such notice, Tenant shall notify Landlord that it shall permanently cease such usage or shall request that additional electrical capacity (specifying the amount requested) be responsible for made available to Tenant. Landlord, in Landlord's sole judgment, shall determine whether to make available such additional electrical capacity to Tenant and pay the amount, if any, to be made available. If Landlord shall agree to make available such additional electrical capacity and the applicable utility all charges for electricity same necessitate installation of an additional riser, risers or other proper and necessary equipment, the same shall be installed by Landlord, within the limits of the switchgear, provided, however, that Landlord, in Landlord's sole reasonable judgment (taking into consideration the potential needs of present and future tenants of the Building and of the Building itself), determines that such installation is practicable. Any such installation shall be made by Landlord, at Tenant's sole expense, and shall be chargeable and collectible as measured by additional rent and paid within ten (10) days after the rendition of a xxxx to Tenant therefor. If Landlord, in Landlord's sole judgment, shall determine not to make available such meteradditional electrical capacity, Tenant shall have no further right to such additional capacity. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the gross negligence or willful malfeasance of Landlord, whether electricity is changed provided by public or private utility or by any electricity generation system owned and operated by Landlord.
(A) Unless Landlord is no longer available required by any Requirement or suitable by the rules and regulations of the public utility to have Tenant obtain electricity from the public utility company furnishing electricity to the Building pursuant to the provisions of Section 13.3 hereof, electricity shall be supplied by Landlord to the Premises and Tenant shall pay to Landlord, as additional rent for Tenant’s requirements. Any additional riser such service, the amounts (the "Electricity Additional Rent") as determined by a meter or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be submeter (installed by Landlord, at Tenant's cost, for the sole cost purposes of measuring such consumption) at charges, terms and expense rates set from time to time during the Term by the public utility corporation serving the Building under the service classification in effect pursuant to which Landlord purchases electricity, plus an amount equal to five percent (5%) of the charge therefor as Landlord's administrative charge for overhead and supervision.
(B) Where more than one meter measures the electricity supplied to Tenant, unless, the total electricity rendered through all meters shall be computed and billed in Landlord’s reasonable judgment, the same will cause permanent damage or injury to aggregate in accordance with the Building or provisions hereinabove set forth. Bills for the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Electricity Additional Rent and shall be paid by rendered to Tenant at such time as Landlord may elect, and Tenant shall pay the Tenant amount shown thereon to the Landlord within ten (10) days after receipt of such xxxx.
Section 13.3 If Landlord shall be required by any Requirement or by the rendering of any xxxx or statement public utility company furnishing electricity to the Tenant therefor. Tenant Building to discontinue furnishing electricity to Tenant, this Lease shall make no alterations or additions to continue in full force and effect and shall be unaffected thereby, except only that from and after the electric equipment and/or appliances without the prior written consent effective date of such discontinuance, Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayedobligated to furnish electricity to Tenant and Tenant shall not be obligated to pay the Electricity Additional Rent. Notwithstanding anything Landlord shall not elect to discontinue furnishing electricity to Tenant unless Landlord shall also elect to discontinue furnishing electricity to all other office tenants in the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Building. If Landlord so as discontinues furnishing electricity to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordTenant, Tenant shall have diligently obtain electric energy directly from the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.
14.02 Tenant agrees not to connect any additional electrical equipment of any type public utility furnishing electric service to the Building electric distribution systemBuilding. The costs of such service shall be paid by Tenant directly to such public utility. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, beyond that on Tenant’s approved plans at no charge, to the extent the same are available, suitable and safe for initial occupancysuch purposes as reasonably determined by Landlord. All meters and all additional panel boards, other than lampsfeeders, computers risers, wiring and other small office machines conductors and equipment which consume comparable amounts may be required to obtain electricity shall be installed by Landlord. The costs of electricitysuch installation shall be borne equally by Landlord and Tenant. Landlord, without Landlord’s prior written consentto the extent permitted by applicable Requirements, shall not discontinue furnishing electricity to the Premises until such installations have been made and Tenant shall be unreasonably withheld, conditioned or delayed, in each instance. In no event shall Tenant use or install any fixtures, equipment or machines able to obtain electricity directly from the use of which in conjunction with other fixtures, equipment and machines in the Demised Premises would result in an overload of the electrical circuits servicing the Demised Premises or the Buildingpublic utility.
Appears in 1 contract
