Electricity. Section 4.1. 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. Landlord shall furnish an electrical demand load in the Premises of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason. Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Building.
Appears in 2 contracts
Sources: Lease Agreement (Everyday Health, Inc.), Lease Agreement (Everyday Health, Inc.)
Electricity. Section 4.11. Tenant shall pay for all electricity consumed in Tenant's Space. The consumption shall be measured by a separate submeter, and Tenant shall pay for such consumption directly to Landlord. Tenant's use of electrical energy in Tenant's Space shall not at all times comply with any time exceed the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements capacity of any of the public utility supplying electricity 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. Landlord shall furnish an 's electrical demand load in the Premises of six (6) ▇▇▇▇▇ per usable square footsystem, and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent notice to Landlord in each instance, connect any fixtures, machinery, appliances or equipment 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 machinery'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 other equipment required therefore shall be provided by Landlord and the electric system 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, if whenever installed, may be the effect thereof 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 be obligate it to increase the electrical load make such payments in the Premises over future. Landlord agrees to notify the load specified 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 4.1. Notwithstanding VII, the foregoingterm "supplier(s) of electricity" shall mean one or more companies (including but not limited to an electric utility, Landlord shall not be liable in any way to Tenant for any interruption generator, independent or failure non-regulated company or defect in the supply intermediary or character of electric service furnished broker or group) that provides electricity to the Premises or to the Landlord to be provided to the 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 losspurpose other than for ingress and egress to and from the Premises. The moving in or out of all safes, damage freight, furniture, or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason bulky matter of any requirement, act or omission of description must take place during the public utility serving 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 for any other reasonthe Lease of which these Rules and Regulations are a part.
Section 4.22. (A) As of the Commencement DateNo curtains, electricity shall be blinds, shades, screens, or signs other than those furnished by Landlord shall be attached to, hung in, or used in connection with any window or door of the Premises without the prior written consent of the Landlord. Interior signs on doors shall be painted or affixed for Tenant by Landlord or by sign painters first approved by Landlord, at the expense of Tenant, and shall be of a size, color and style acceptable to an electrical panel within Landlord.
3. No additional locks or bolts of any kind shall be placed upon any of the Premisesdoors or windows by Tenant, nor shall 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 toilet rooms, either furnished to or otherwise procured by Tenant, and in the event of the loss of any keys so furnished, Tenant shall pay to LandlordLandlord the cost thereof.
4. Canvassing, as Additional Rent for such electrical service (including soliciting and peddling in the electricity used Building are prohibited, and Tenant shall cooperate to service any air-prevent the same.
5. Tenant may request heating and/or air conditioning unit(s) providing air-conditioning exclusively during other periods in addition to normal working hours by submitting their request in writing to the Premises, whether or not part Building Manager's office no later than 2:00 PM the preceding workday (Monday through Friday) on forms available from the Building Manager. The request shall clearly state the start and stop hours of the HVAC Ssytem), one hundred eight percent (108%), in each case "off-hour" service. Tenant shall submit to the Building Manager a list of the amounts (the “Electricity Additional Rent”), as personnel who are authorized to make such requests. Charges are to be determined by an existing submeter (which submeter the Building Manager on the additional hours of operations and shall be maintained, repaired fair and replaced by Tenant, at Tenant’s cost), at charges, terms reasonable and rates, applied to reflect the monthly readings on such submeter, as set additional operating costs involved.
6. Tenant shall comply with all security measures from time to time during the Term established by the public utility serving 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
Sources: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)
Electricity. Section 4.1. (a) Tenant 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 charge to Tenant shall at all times comply be Tenant's proportionate share of the cost of electric energy for the entire building of which the Leased Premises are a part (which will vary with the rules, regulations, terms and conditions applicable to service, percentage of occupancy of said entire building). In the event that Tenant installs any computer equipment or other high electrical usage equipment, wiring 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 sole cost and requirements expense. The charges for electrical energy consumed by such equipment shall be paid by Tenant in addition to all other sums due under this agreement, the cost thereof to be at the established rate charged by the utility company supplying electrical service to the Leased Premises. Said payments shall be made within ten (10) days of the public utility supplying electricity to presentment of the Building. Landlord shall furnish an electrical demand load in the Premises of six (6) ▇▇▇▇▇ per usable square foot, and therefor which shall be monthly.
(b) Tenant's use of electric energy in no event the leased Premises shall not at any time exceed the capacity of any of the electrical demand load conductors and equipment in or otherwise serving the Premises exceed Leased Premises. In order to insure that such capacity. capacity is not exceeded and to avert possible adverse effect upon the building electric service, Tenant shall not, without Landlord’s 's prior written consent in each instanceinstance (which shall not be unreasonably withheld), connect any additional fixtures, machinery, appliances or equipment to the Building building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if Leased Premises existing on the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission date of the public utility serving the Building commencement of this Lease. Should Landlord grant such consent, all additional risers or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity equipment required therefor shall be furnished provided by Landlord to an electrical panel within and the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter cost thereof shall be maintained, repaired and replaced paid by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the BuildingTenant upon Landlord's demand.
Appears in 2 contracts
Sources: Lease Renewal Agreement (Boron Lepore & Associates Inc), Lease Renewal Agreement (Boron Lepore & Associates Inc)
Electricity. Section 4.1. Tenant Landlord shall at all times comply with the rules, regulations, terms provide adequate electrical wiring and conditions applicable facilities for connection to service, Building standard ceiling mounted lighting fixtures and incidental use equipment, wiring and requirements of the public utility supplying electricity to the Building. Landlord shall furnish an electrical demand load in the Premises of six (6) i.e., 5 ▇▇▇▇▇ of connected load per usable square foot, provided that Tenant’s consumption of electricity does not exceed 2.4 ▇▇▇▇▇/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 include a calculation of Tenant’s fully connected electrical design load with and without demand factors and shall indicate the number of ▇▇▇▇▇ of unmetered and submetered loads. Notwithstanding any provision to the contrary contained in no event this Lease, Tenant shall pay to Landlord the electrical demand load actual cost (without ▇▇▇▇-up) of all electricity services provided to and/or consumed in the Premises exceed such capacity. Tenant shall not(including normal and excess consumption and including the cost of electricity to operate the HVAC air handlers), without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment pursuant to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premisessubmeters. Tenant shall pay to Landlord, the cost of such electricity within thirty (30) days after demand accompanied by a documented invoice therefor and as Additional Rent for such electrical service under this Lease (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or and not as part of the HVAC SsytemOperating Expenses), one hundred eight percent (108%), in each case . Tenant shall be solely responsible for the installation of all such submeters as part of the amounts (Tenant Improvements. Tenant shall bear the “Electricity Additional Rent”)cost of replacement of lamps, as determined by an existing submeter (which submeter shall be maintained, repaired starters and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to ballasts for non-Building standard lighting fixtures within the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the BuildingPremises.
Appears in 2 contracts
Sources: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
Electricity. Section 4.1Tenant shall pay for all electricity consumed in the Premises. Landlord shall invoice Tenant for the cost of Tenant's electricity on a monthly basis based on the sub-meter readings measuring Tenant's actual electrical consumption. Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements reimburse Landlord for such consumption within thirty (30) days upon receipt of the public utility supplying electricity to the BuildingLandlord's invoice therefor. Landlord shall furnish an Tenant's use of electrical demand load service in the Premises shall not at any time exceed the capacity of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall any of the electrical demand load conductors or other equipment in or otherwise serving the Premises exceed or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building's electrical system, Tenant shall not, without Landlord’s at least thirty (30) days prior written notice to and consent of Landlord in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage in excess of 277/480 volts nominal, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises. In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that deemed by Landlord to be standard for the Building, if 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 effect installation of utility service upgrades, sub-meters, air handlers or cooling units), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof would shall be to increase paid for by Tenant, as additional rent, upon Landlord's demand. It is understood that the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric generated service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by one or more generators of electrical power 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, congestion charges, public good charges, and other similar categories, and may also include a fee, commission or other charge by a broker, aggregator or other intermediary for obtaining or arranging the supply of generated electricity. Landlord shall have the right to select the generator of electricity to the Premises and to purchase generated electricity for the Premises through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time. If Landlord undertakes activities for the purpose of reducing Tenant's operating costs (such as negotiating an electrical panel within the Premises. agreement with a utility or another energy generator or engaging an energy consultant or undertaking conservation or other energy efficient measures that may require capital expenditures), Tenant shall pay to Landlordits proportionate share of all costs and expenses associated with such actions (including, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premisesbut not limited to, whether or not part of the HVAC Ssytem)brokers' commissions, one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”legal fees and capital expenditures), as determined by an existing submeter (which submeter shall be maintainedadditional rent, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeterif, as set from time to time during the Term and when payment is made by the public utility serving the BuildingLandlord.
Appears in 2 contracts
Sources: Lease Agreement (Irobot Corp), Lease Agreement (Irobot Corp)
Electricity. Section 4.11. Tenant shall at pay for all times comply with the rules, regulations, terms electricity and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. Landlord shall furnish an electrical demand load gas consumed in the Premises directly to the respective utility providers.
2. Tenant's use of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load service in the Premises shall not at any time exceed the capacity of any of the electrical conductors or other equipment in or otherwise serving the Premises or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building's electrical system, Tenant shall not, without Landlord’s at least ten (10) days prior written notice to and consent of Landlord in each instance, connect any fixtures, machinery, appliances or equipment 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, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises. In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that deemed by Landlord to be standard for the Building, if 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 effect 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 would shall be to increase paid for by Tenant, as additional rent, upon Landlord's demand.
3. It is understood that the electrical load 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 Tenant's prior approval (not to be unreasonably withheld or delayed) so long as Tenant remains the sole tenant of the Building, 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 (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 sole tenant of 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 Premises over future. Landlord agrees to notify the load specified 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 4.1. Notwithstanding VII, the foregoingterm "supplier(s) of electricity" shall mean one or more companies (including but not limited to an electric utility, Landlord shall not be liable in any way to Tenant for any interruption generator, independent or failure non-regulated company or defect in the supply intermediary or character of electric service furnished broker or group) that provides electricity to the Premises or for any loss, damage or expense Tenant may sustain if either to the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively be provided to the Premises, whether or not part of as the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingmay be.
Appears in 2 contracts
Sources: Lease Agreement (Unisphere Networks Inc), Lease Agreement (Unisphere Solutions Inc)
Electricity. Section 4.1. Tenant shall at all times comply The Landlord covenants with the rules, regulations, terms and conditions applicable Tenant to service, equipment, wiring and requirements of the public utility supplying furnish electricity to ------------ the Building. Landlord shall furnish an electrical demand load in Leased Premises (except Leased Premises which have separate meters) for normal office use for lightning and for office equipment capable of operating from the circuits available to the Leased Premises of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment standard to the Building electric distribution system during hours to be determined by the Landlord (but to be at least the hours from 8:00 a.m. to 6:00 p.m. from Monday to Friday inclusive with the exception of holidays, Saturdays and Sundays) and during such other hours that the Tenant elects at its sole cost and expense subject to governmental regulations; The amount of electricity consumed on the Leased Premises in excess of electricity required by the Tenant for normal office use shall be as determined by the Landlord acting reasonably or make by a metering device installed by the Tenant at the Tenant's expense. The Tenant shall pay the Landlord for any alteration or addition such excess electricity on demand. The Tenant covenants to pay to the Landlord the Tenant’s machinery's Proportionate Share of all electricity consumed on the Property (except the amounts recovered from and paid by tenants separately metered. In calculating electricity costs for any Fiscal Period, appliances or equipmentif less than one hundred percent (100%) of Building is occupied by tenants, or then the electric system amount of such electricity costs shall be deemed for the purposes of this Schedule to be increased to an amount equal to the like electricity costs which normally would be expected by the Landlord to have been incurred had such occupancy been one hundred percent (100%) during such entire period. The Landlord shall maintain and keep in repair the facilities required for the provision of the Premisesinterior climate control, elevator (if the effect thereof would be to increase the electrical load installed in the Premises over Building), and other services referred to in sub-paragraph (a) and (c) of paragraph 3 of this Schedule in accordance with the load specified in this Section 4.1. Notwithstanding standards of office buildings similar to the foregoing, Landlord shall not be liable in Building but reserves the right to stop the use of any way to Tenant for any interruption or failure or defect in of these facilities and the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether corresponding services when necessary by reason of any requirementaccident or breakdown or during the making of repairs, act alterations or omission improvements, in the reasonable judgment of the public utility serving Landlord necessary or desirable to be made, until repairs, alterations or improvements shall have been completed to the Building or for any other reason.
Section 4.2. (A) As satisfaction of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Building.
Appears in 1 contract
Electricity. Section 4.1. (a) 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. Landlord Tenant shall furnish an not use any electrical demand load equipment which, in the Premises of six (6) ▇▇▇▇▇ per usable square footLandlord's sole judgment, and in no event shall would interfere with the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment service to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system other tenants of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1Building. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reasonreason not attributable to the gross negligence of Landlord.
Section 4.2. (Ab) As of the Commencement Date, electricity Electricity shall be furnished by Landlord to an electrical panel within the Premises and to the ventilating and air conditioning system ("VAC System") serving the Premises. , and Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “"Electricity Additional Rent”Charge"), as determined by an existing submeter one or more meters or submeters (which submeter shall be installed, maintained, repaired and replaced by TenantLandlord, at Tenant’s its cost), ) at charges, terms and rates, applied to the monthly readings on each such meter or submeter, as set from time to time during the Term term of this Agreement by the public utility serving the BuildingBuilding under the service classification in effect pursuant to which Landlord purchases electricity, plus an amount equal to eight (8%) percent thereof to reimburse Landlord for administrative services in connection with supplying and billing such electricity and for line loss. Notwithstanding the provisions of the preceding sentence, with respect to the meter(s) that measures the supply of electricity required for the operation of the VAC System serving both the floor on which the Premises are located and the adjoining floor of the Building (which contain an aggregate of 26,000 rentable square feet), Tenant shall bear only 24% of the charge for such service as shown on such meter(s). Bills for the Electricity Charge 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 the rendering of such bill.
Appears in 1 contract
Electricity. Section 4.1Landlord agrees that it shall, subject to the other ----------- provisions in this Lease, at its expense, provide a total of at least 225 KVA. or such greater amount as is currently available to the third floor of the Building of uninterruptible power supply ("UPS") and generator-protected power to the Premises during the Lease Term. Landlord shall, at its expense, provide maintenance of the UPS and generator equipment to manufacturer recommended specifications and provide copies of maintenance reports to Tenant upon Tenant's request. Tenant shall have the right to install monitoring devices at all times comply with the rules, regulations, terms UPS and conditions applicable to service, generator equipment, wiring and requirements of to inspect the public utility supplying electricity same and related equipment from time to the Buildingtime, in order to assure that they are functioning properly. Landlord shall furnish not charge Additional Rent to Tenant for the foregoing services except to the extent generally included in Operating Expenses for all tenants of the Building If at any time Landlord fails to maintain such equipment as provided in this paragraph, Tenant, upon twenty-four (24) hours' prior notice to Landlord (unless immediate action is necessary to assure uninterrupted performance of such equipment. in which case no notice shall be required) may perform such maintenance, and Landlord, within ten (10) days after receipt of an electrical demand load invoice from Tenant therefor, shall reimburse Tenant the cost of such maintenance. Notwithstanding any contrary provision of Section 14.2 or any other provision of this Lease, Tenant shall pay for all electricity used in the Premises (including, but not limited to, all electricity used in connection with the operation of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load HVAC equipment installed by Tenant in the Premises exceed such capacity. Premises) directly to the governmental agency or utility company supplying the electricity and Tenant shall notmake all arrangements for obtaining such electricity, without including, but not limited to, the installation of a separate meter to measure electricity used in the Premises. Landlord’s prior written consent in each instance, connect any fixturesat its expense, machinery, appliances or equipment shall cooperate with Tenant to arrange for the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system separate metering of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Building.
Appears in 1 contract
Sources: Lease Agreement (Inflow Inc)
Electricity. Section 4.1. At Landlord’s option, Tenant shall at all times comply with pay for electricity used by Tenant in the rules, regulations, terms and conditions Premises either to (i) Landlord by a separate charge or (ii) the applicable utility company pursuant to service, equipment, wiring and requirements of the public utility supplying electricity a separate charge. Electrical Service to the BuildingPremises shall be separately metered. 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 such services, such as generation, distribution and stranded cost charges. Landlord shall furnish an have the exclusive right (i) to choose the company or companies to provide electrical demand load in service to the Project and the Premises, (ii) to aggregate the electrical service for the Project and the Premises with other buildings or properties, (iii) to purchase electrical service through an agent, broker or buyer’s group, and (iv) to change the electrical service provider or manner of purchasing electrical service from time to time. Landlord shall be entitled to receive a reasonable fee (over and above any management fees or other fees) for the services Landlord performs in connection with the selection of utility companies and the administration and negotiation of contracts for the provision of electrical service. Landlord shall permit Tenant to receive electrical service for standard office lighting fixtures, equipment and accessories through Landlord’s wires and conduits, to the extent available and based on the safe and lawful capacity of the existing Base Building electrical circuit(s) and facilities serving the Premises, provided: (1) the connected electrical load of all of the same does not exceed an average of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load in foot of the Premises exceed such capacityand (2) the safe and lawful capacity of the existing electrical circuit(s) serving the Premises is not exceeded. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment be responsible for the payment of the cost of all modifications to the existing Base Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in circuit(s) and facilities serving the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric provide additional electrical service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either and the quantity or character cost of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the all electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively perform janitorial services, Alterations and Repairs to the Premises and for supplemental air conditioning, data processing, computer and other special equipment and machinery installed by Tenant for the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Building.
Appears in 1 contract
Sources: Office Lease (Sezzle Inc.)
Electricity. Section 4.1. Tenant shall at all times comply with the rules, regulations, terms and conditions applicable Subject to service, equipment, wiring and requirements of the any Requirements or any ----------- public utility supplying electricity to the Building. Landlord shall furnish an electrical demand load in the Premises of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances rules or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoingregulations governing energy consumption, Landlord shall not make or cause to be liable in any way made, customary arrangements with public utilities and/or public agencies to Tenant for any interruption or failure or defect in the supply or character of furnish electric service furnished current to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements's use in amounts sufficient for normal lighting by overhead fluorescent fixtures and for normal use of computers, whether by reason workstations, photocopying machines in reasonable numbers, facsimile machines, typewriters, electronic telecommunications and computer network equipment customary for general office use and other office machines of any requirementcomparable electrical consumption, act but not including electricity required for special lighting or omission of the public utility serving the Building or for any other reason.
Section 4.2item of equipment which (singly) consumes more than one and 50/100 (1.50) kilowatt per hour at rated capacity or requires a voltage other than one hundred twenty (120) volts single phase ("High Consumption Equipment"). (A) As If any tax is imposed upon Landlord's receipts from the sale or resale of electricity to Tenant, the Commencement Date, amount of such tax shall be paid by Tenant if and to the extent permitted by law. The electricity to be provided to the Premises under this Article 16 shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to a reputable supplier selected by Landlord; provided, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenanthowever, at Tenant’s cost)'s request, Landlord shall consult with Tenant regarding switching to other electricity service providers who provide electricity at lower rates, and also shall consult with Tenant regarding the methods of contracting for such electricity to maximize savings resulting from time-of-use metering or other variable pricing models to the extent that it is technically feasible to do so. If Landlord, at chargesTenant's request, terms changes energy suppliers, all fees, credits, discounts and rates, rebates received in connection therewith shall be applied against Operating Expenses. Notwithstanding anything set forth in this Section 16.1 to the monthly readings on such submetercontrary, Tenant shall have the right to install High Consumption Equipment which is within the design criteria of the Building, as set from time to time during the Term reasonably determined by the public utility serving the BuildingLandlord.
Appears in 1 contract
Sources: Lease (Portal Software Inc)
Electricity. Section 4.1Tenant shall pay, as additional rent and in the same manner and time as Fixed Rent, for all electricity consumed in the Premises pursuant to Landlord’s reasonable estimate of the electricity consumed within the Premises (currently estimated at $1.25 per rentable square foot). At Landlord’s option and cost, Landlord may install a separate meter and shall invoice Tenant monthly for the actual cost of Tenant’s electricity. Tenant shall at all times comply with the rulesreimburse Landlord, regulationsas additional rent, terms and conditions applicable to service, equipment, wiring and requirements for such consumption within thirty (30) days upon receipt of the public utility supplying electricity to the BuildingLandlord’s invoice therefor. Landlord shall furnish an Tenant’s use of electrical demand load service in the Premises shall not at any time exceed the capacity of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall any of the electrical demand load conductors or other equipment in or otherwise serving the Premises exceed or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building’s electrical system, Tenant shall not, without Landlord’s at least thirty (30) days prior written notice to and consent of Landlord in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage in excess of 277/480 volts nominal, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if in the effect event Tenant shall use (or request that 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, sub-meters, air handlers or cooling units, or back-up generators), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof would shall be to increase paid for by Tenant, as additional rent, upon Landlord’s demand. It is understood that the electrical load in generated service to the Premises over may be furnished by one (1) or more generators of electrical power and that the load specified cost of electricity may be billed as a single charge or divided into and billed in this Section 4.1a variety of categories, such as distribution charges, transmission charges, generation charges, congestion charges, public good charges, and other similar categories, and may also include a fee, commission or other charge by a broker, aggregator or other intermediary for obtaining or arranging the supply of generated electricity. Notwithstanding the foregoing, Landlord shall have the right to select the generator of electricity to the Premises and to purchase generated electricity for the Premises through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time. If Landlord undertakes activities for the purpose of reducing Tenant’s operating costs (such as negotiating an agreement with a utility or another energy generator 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 be liable in any way to Tenant for any interruption limited to, brokers’ commissions, legal fees and capital expenditures), as additional rent, if, as and when payment is made by Landlord. As used herein, the term “generator of electricity” shall mean one or failure more companies (including, but not limited to, an electric utility, generator, independent or defect in the supply or character of electric service furnished non-regulated company) that provides generated power to the Premises or for any loss, damage or expense Tenant may sustain if either to the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively be provided to the Premises, whether or not part of as the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingmay be.
Appears in 1 contract
Electricity. Section 4.1Tenant shall, in addition to paying Fixed Rent, pay for all electricity consumed in the Premises during the Term pursuant to a Landlord installed electric sub-meter or check meter to measure Tenant’s actual usage consumed within the Premises. Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements reimburse Landlord for any costs of the public utility supplying such electricity to the Building. Landlord shall furnish an electrical demand load in the Premises of six (6) without any ▇▇▇▇▇ per usable square foot-up) on a monthly basis, specifically within thirty (30) days upon receipt of Landlord’s invoice therefor. Common area electricity and Building HVAC electric charges are included in no event shall the Landlord’s Operating Costs set forth in Section 4.2 of this Lease. Tenant’s use of electrical demand load service in the Premises shall not at any time exceed the capacity of any of the electrical conductors or other equipment in or otherwise serving the Premises or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building’s electrical system, Tenant shall not, without Landlord’s at least thirty (30) days prior written notice to and consent of Landlord as set forth in Section 6.1.15 of the Lease in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage in excess of 277/480 volts nominal, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises. In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that reasonably deemed by Landlord to be standard for the Building, if Landlord may condition its consent to such service upon such conditions as Landlord reasonably requires (including, but not limited to, the effect installation of utility service upgrades, sub-meters, air handlers or cooling units), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof would shall be to increase paid for by Tenant, as additional rent, upon Landlord’s demand, so long as no other tenants are receiving excess usage. It is understood that the electrical load in generated service to the Premises over may be furnished by one or more generators of electrical power and that the load specified cost of electricity may be billed as a single charge or divided into and billed in this Section 4.1a variety of categories, such as distribution charges, transmission charges, generation charges, congestion charges, public good charges, and other similar categories, and may also include a fee, commission or other charge by an unaffiliated broker, aggregator or other intermediary for obtaining or arranging the supply of generated electricity. Notwithstanding the foregoing, Landlord shall have the right to select the generator of electricity to the Premises and to purchase generated electricity for the Premises through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time. Under no circumstances shall Landlord charge Tenant any ▇▇▇▇-up on electricity provided to the Premises, Building or Park. If Landlord successfully undertakes activities for the purpose of reducing Tenant’s operating costs (such as negotiating an agreement with a utility or another energy generator or engaging an energy consultant or undertaking conservation or other energy efficient measures that may require capital expenditures), the reasonable out of pocket costs and expenses associated with such actions shall be included in Landlord’s Operating Costs (subject to the provisions of Section 4.2) [including, but not limited to, brokers’ commissions and legal fees, but excluding capital expenditures, which shall be liable amortized as set forth in any way to Tenant for any interruption Section 4.2 of the Lease]). As used herein, the term “generator of electricity” shall mean one or failure more companies (including, but not limited to, an electric utility, generator, independent or defect in the supply or character of electric service furnished non-regulated company) that provides generated power to the Premises or for any loss, damage or expense Tenant may sustain if either to the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively be provided to the Premises, whether or not part of as the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingmay be.
Appears in 1 contract
Sources: Lease Agreement (Zoran Corp \De\)
Electricity. Section 4.1. Tenant shall at all times comply with the rules, regulations, terms and conditions applicable Subject to service, equipment, wiring and requirements of the any Requirements or any public ----------- utility supplying electricity to the Building. Landlord shall furnish an electrical demand load in the Premises of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances rules or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoingregulations governing energy consumption, Landlord shall not make or cause to be liable in any way made, customary arrangements with public utilities and/or public agencies to Tenant for any interruption or failure or defect in the supply or character of furnish electric service furnished current to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements's use in amounts sufficient for normal lighting by overhead fluorescent fixtures and for normal use of computers, whether by reason workstations, photocopying machines in reasonable numbers, facsimile machines, typewriters, electronic telecommunications and computer network equipment customary for general office use and other office machines of any requirementcomparable electrical consumption, act but not including electricity required for special lighting or omission of the public utility serving the Building or for any other reason.
Section 4.2item of equipment which (singly) consumes more than one and 50/100 (1.50) kilowatt per hour at rated capacity or requires a voltage other than one hundred twenty (120) volts single phase ("High Consumption Equipment"). (A) As If any tax is imposed upon Landlord's receipts from the sale or resale of electricity to Tenant, the Commencement Date, amount of such tax shall be paid by Tenant if and to the extent permitted by law. The electricity to be provided to the Premises under this Article 16 shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to a reputable supplier selected by Landlord; provided, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenanthowever, at Tenant’s cost)'s request, Landlord shall consult with Tenant regarding switching to other electricity service providers who provide electricity at lower rates, and also shall consult with Tenant regarding the methods of contracting for such electricity to maximize savings resulting from time-of-use metering or other variable pricing models to the extent that it is technically feasible to do so. If Landlord, at chargesTenant's request, terms changes energy suppliers, all fees, credits, discounts and rates, rebates received in connection therewith shall be applied against Operating Expenses. Notwithstanding anything set forth in this Section 16.1 to the monthly readings on such submetercontrary, Tenant shall have the right to install High Consumption Equipment which is within the design criteria of the Building, as set from time to time during the Term reasonably determined by the public utility serving the BuildingLandlord.
Appears in 1 contract
Sources: Lease (Portal Software Inc)
Electricity. Section 4.1. Tenant At all reasonable times, electric service which from time to time may fluctuate but in no event shall at all times comply with be less than the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements product of one kilowatt per square foot multiplied by the rentable square feet of the public utility supplying electricity to Premises, and not more than the Building. Landlord shall furnish an electrical demand load in the Premises product of six (6) ▇▇▇▇▇ kilowatts per usable square footfoot multiplied by the rentable square feet of the Premises (collectively, said minimum and in no event maximum products shall be referred to as the electrical demand load “wattage allowance”); provided, however, that: (i) without Landlord’s consent, Tenant shall not install, or permit the installation, in the Premises exceed of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of the wattage allowance; (ii) if Tenant shall require electric service which may disrupt the provision of electrical service to other tenants or be in excess of the wattage allowance, Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and providing any additional facilities required to furnish such capacityexcess power to the Premises and upon the installation in the Premises of electric current meters to measure the amount of electricity consumed, in which latter event Tenant shall pay for the cost of such meter(s) and the cost of installation, and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electricity so consumed; and (iii) if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s consent may be conditioned upon Tenant’s requirement to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of modifications to the air conditioning system. Tenant In the event of any utility deregulation whereby California utility customers may choose service providers, Landlord may select such utility service provider which it deems to be appropriate to service the utility needs of tenants of the Building, with or without regard to the rates charged by such utility service provider, so long as Landlord’s selection is commercially reasonable. Landlord shall not, without Landlord’s prior written consent in each instanceany way, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way or responsible to Tenant for any interruption loss or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense which Tenant may incur or sustain if if, for any reasons beyond Landlord’s reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements, whether by reason . Tenant covenants that at all times its use of any requirement, act or omission electric current shall never exceed the capacity of the public utility serving feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for any other reason.
Section 4.2. (A) As of the Commencement Date, furnishing electricity shall be furnished by Landlord to an electrical panel within Tenant in the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Building.
Appears in 1 contract
Sources: Office Lease (Daily Journal Corp)
Electricity. Section 4.1. 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 furnish to the BuildingPremises, separately metered ----------- by check meter and at the direct expense of Tenant as hereinabove provided, reasonable electricity for Tenant's Permitted Uses. Landlord shall furnish an The Building electrical demand load in the Premises of six (6) capacity is 14 ▇▇▇▇▇ per usable square footfoot of rentable floor area, up to 7 ▇▇▇▇▇ of which shall be available for Tenant's electrical panels (which includes power for lights, outlets and fan-powered boxes). If Tenant shall require electricity in excess of such quantities for Tenant's Permitted Uses and if (i) in Landlord's reasonable judgment, Landlord's facilities are inadequate for such excess requirements, or (ii) such excess use shall result in an additional 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 (b) Landlord, upon written request, and in no event at the sole cost and expense of Tenant, will furnish and install such additional wire, 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), provided that the same shall the electrical demand load in the Premises exceed such capacity. Tenant be permitted by applicable laws and insurance regulations and shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances not cause permanent damage or equipment injury to the Building electric distribution system or make cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs. Landlord will permit the electrical risers, feeders and wiring in the Building to be used by Tenant as necessary to permit Tenant to receive electrical energy from the electrical service provider of Tenant's choice, subject to any alteration requirements and use charges or addition to Tenant’s machinery, appliances or equipment, or the electric system fees of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such existing electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving provider for the Building.
Appears in 1 contract
Electricity. Section 4.1. All electricity used by Tenant in the Premises shall at all times comply be paid for by Tenant through inclusion in Base Rent and Operating Expenses (except as provided below with the rules, regulations, terms and conditions applicable respect to service, equipment, wiring and requirements of the public utility supplying electricity to the Buildingexcess usage). Landlord shall furnish an electrical demand load in have the Premises of six (6) ▇▇▇▇▇ per usable square foot, right at any time and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Lease Term by to contract for electricity from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord and the public utility serving Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and the Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects, and all such excess usage shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right (a) to separately meter electricity for the Premises, in which case electricity shall be paid by Tenant directly to the Electric Service Provider, (b) to sub-meter or check meter electricity for the Premises, in which case electricity shall be paid by Tenant to Landlord as Additional Rent, or (c) to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.
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Electricity. Section 4.1. Tenant shall at Landlord agrees to make available electrical services twenty-four (24) hours per day, 365 days per year in the amount necessary to service (i) all times comply with the rules, regulations, terms electrical devices and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. Landlord shall furnish an electrical demand load equipment in the Premises of six (6not to exceed seven (7) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load Rentable Square Foot in the Premises exceed as specified below excluding equipment, if any, for which Tenant is already paying additional rent (e.g., a separate, non-base Building HVAC system), and (ii) common area restrooms, common areas and parking facilities for the Building at no additional cost to Tenant in excess of Tenant’s Pro Rata Share of Operating Expenses. Landlord shall furnish to the Premises electric current sufficient for HVAC (excluding any supplemental HVAC that is installed by Tenant or Landlord with respect to Tenant’s use or occupancy of the Premises) and, in addition to the electric current provided for said HV AC, electric current in accordance with the following specifications: (i) 2 ▇▇▇▇▇ per Rentable Square Foot of high voltage (480/277 volt) connected load for lighting facilities and other high voltage uses and (ii) 5 ▇▇▇▇▇ per Rentable Square Foot for low voltage (120/280 volt) connected load for outlets and other low voltage usage. Any costs to modify the existing electrical facilities that serve the Premises (including risers, transformers, and panel boxes) to provide such capacityelectrical capacity shall be borne by Tenant. Tenant shall not, without Landlord’s Without the prior written consent in each instanceof Landlord, connect which consent shall not be unreasonably conditioned, withheld or delayed, Tenant shall not install or operate any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoingwhich (a) uses electrical current exceeding thirty (30) amperes at 110 volts on a single circuit, Landlord shall not be liable or (b) in any way to Tenant for any interruption or failure or defect increases the amount of electricity consumed in the supply Premises above the seven (7) ▇▇▇▇▇ per square foot amount stated above, and shall pay periodically as additional rent the additional expense incurred by the Landlord as a result thereof if Landlord (i) documents such excess usage, (ii) provides Tenant written notice of its findings, and (iii) Tenant does not reduce its consumption within thirty (30) days of its receipt of Landlord’s written notice. Landlord shall have the right from time to time to measure, using established commercially reasonable and objective calculation methods or character one or more temporary or permanent submeters or other devices, the consumption of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether electricity by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. The cost of such measuring shall be borne by Landlord unless such measuring indicates that the electricity being consumed upon the Premises exceeds seven (7) ▇▇▇▇▇ per square foot of rentable area in the Premises for lighting and Tenant’s equipment excluding any equipment for which Tenant is already paying additional rent (e.g., a separate, non-base Building HV AC system) for electric consumption, in which event Tenant shall reimburse Landlord for the actual out-of-pocket cost of such measuring (which cost shall not exceed the cost Landlord charges therefor to other tenants in the Building), and shall in addition pay to LandlordLandlord monthly, as Additional Rent for additional rent, the cost incurred by Landlord thereafter in furnishing such electrical service (including the additional electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part which cost shall be calculated based on the actual cost of electrical service charged by the HVAC Ssytem)service provider and estimated by Landlord using its reasonable discretion. In the event Tenant’s electrical usage exceeds the seven (7) ▇▇▇▇▇ amount stated above and is documented as provided for herein, one hundred eight percent Landlord shall have the right to separately meter (108%), in each case and separately charge Tenant for the cost of the amounts installing a meter(s) (the “Electricity Additional RentSubmeter”) and for electrical usage metered thereby). In the event a Submeter is installed, Landlord shall on a monthly basis (and no more than once per month), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term and any extension(s) thereof, read the Submeter to determine the amount of the electricity consumed in the Premises since the last reading of the Submeter and then compute the cost of the electricity consumed by multiplying the cost per kilowatt hour charged by the public electric utility serving provider to Landlord for that period by the Buildingamount of the kilowatt hours consumed. Promptly after such reading but no more than once per month, the Landlord shall invoice the Tenant for (i) the cost of the electric consumption in the Premises, and such amount shall be due and payable within thirty (30) days of Tenant’s receipt of the invoice (it being understood that such payments are not due at the same time as other payments of Rent hereunder). Tenant shall also have the right (at its sole cost and expense, and subject to Landlord’s approval regarding the design, installation and location thereot) to elect to have Submeters on the Premises, and once those Submeters are installed, then Tenant shall be charged directly for the electricity consumed within the Premises and Tenant shall no longer be responsible for the component of Operating Expenses for electricity consumed within the Premises.
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Electricity. Section 4.1. Tenant shall at all times comply with the rules, regulations, terms Electricity for outlets and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. Landlord shall furnish an electrical demand load overhead lights used in the Premises shall be supplied for the purposes of six lighting and general office equipment use in amounts consistent with Building standard electrical capacities, not to exceed five (65) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system RSF of the Premises, if and the effect cost thereof would shall be to increase the electrical load included in Expenses. Electricity for the Premises over is sub- metered. Tenant shall arrange for electrical services with the load specified in this Section 4.1applicable electric company and pay directly to such Company, as and when due, any and all costs related to such service. The electricity required for the operation of the Common Areas, elevators, and any other building systems (not separately metered for the Premises) shall be deemed an Expense. Notwithstanding the foregoing, Landlord shall pay electricity expenses associated with a house meter which controls, among other things, exterior lighting and FLS for the Building, provided that any and all such costs shall be included in Expenses. If Tenant desires signal, communication, alarm or other utility or similar service connections installed or changed, Tenant shall not be liable install or change the same without the approval of the Landlord, and then only under written direction of Landlord and at Tenant’s sole expense. Tenant shall not install in the Premises any equipment which requires a substantial amount of electrical current or which in any way to Tenant for any interruption or failure or defect in may increase the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason amount of any requirement, act services furnished or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished supplied by Landlord to an electrical panel within the Premises. Tenant and/or the other tenants in the Building without the advance written consent of the Landlord (which consent may be withheld, conditioned or delayed in Landlord’s sole and absolute discretion), and the Tenant shall pay to Landlord, as Additional Rent ascertain from the Landlord the maximum amount of load or demand for such use of electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to current which can safely be permitted in the Premises, whether or not part taking into account the capacity of the HVAC Ssytem), one hundred eight percent (108%), electric wiring in each case the Building and the needs of other tenants of the amounts (Building, and shall not in any event connect a greater load then such safe capacity. The Tenant shall not tamper with any other Building utility systems without authorization from the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired Landlord. The running of cable or pipe between suites also requires Landlord’s prior written authorization and replaced by Tenant, will occur at the Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingexpense if approved.
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Sources: Lease Agreement (AntriaBio, Inc.)
Electricity. Section 4.1. Tenant shall at pay for all times comply with electricity consumed in the rules, regulations, terms and conditions applicable Premises pursuant to service, equipment, wiring and requirements Landlord’s reasonable estimate of the public utility supplying incremental electricity consumed within the Premises or, at Landlord’s option, pursuant to the Buildinga separate meter installed by Landlord, at its sole cost. Landlord shall furnish an invoice Tenant for the cost of Tenant’s electricity on a monthly basis, and Tenant shall reimburse Landlord, as additional rent, for such consumption within thirty (30) days upon receipt of Landlord’s invoice therefor. Tenant’s use of electrical demand load service in the Premises shall not at any time exceed the capacity of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall any of the electrical demand load conductors or other equipment in or otherwise serving the Premises exceed or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building’s electrical system, Tenant shall not, without Landlord’s at least thirty (30) days prior written notice to and consent of Landlord in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage in excess of 277/480 volts nominal, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises. In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that deemed by Landlord to be standard for the Building, if 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 effect installation of utility service upgrades, sub-meters, air handlers or cooling units), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof would shall be to increase paid for by Tenant, as additional rent, upon Landlord’s demand. It is understood that the electrical load in generated service to the Premises over may be furnished by one or more generators of electrical power and that the load specified cost of electricity may be billed as a single charge or divided into and billed in this Section 4.1a variety of categories, such as distribution charges, transmission charges, generation charges, congestion charges, public good charges, and other similar categories, and may also include a fee, commission or other charge by an unaffiliated broker, aggregator or other intermediary for obtaining or arranging the supply of generated electricity. Notwithstanding the foregoing, Landlord shall have the right to select the generator of electricity to the Premises and to purchase generated electricity for the Premises through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time, provided that such election results in Tenant paying a commercially reasonable rate for such electricity. In no event shall the Landlord receive remuneration, directly or indirectly, from the generators of such electricity, without the prior written consent of the Tenant. If Landlord successfully undertakes activities for the purpose of reducing Tenant’s operating costs (such as negotiating an agreement with a utility or another energy generator 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 out of pocket costs and expenses associated with such actions (including, but not be liable in any way limited to, brokers’ commissions, legal fees and capital expenditures), as additional rent, if, as and when payment is made by Landlord with no profit to Tenant for any interruption Landlord. As used herein, the term “generator of electricity” shall mean one or failure more companies (including, but not limited to, an electric utility, generator, independent or defect in the supply or character of electric service furnished non-regulated company) that provides generated power to the Premises or for any loss, damage or expense Tenant may sustain if either to the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively be provided to the Premises, whether or not part of as the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingmay be.
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Sources: Lease Agreement (Nexx Systems Inc)
Electricity. Section 4.1. 4.1 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. Landlord shall furnish an provide to the Premises, and Tenant agrees that at no time will the electrical demand connected load in the Premises of exceed, in the aggregate six (6) ▇▇▇▇▇ per usable rentable square foot, exclusive of the electricity required to operate the HVAC System and in no event shall the electrical demand load in the Premises exceed such capacitybase Building mechanical, emergency power, emergency lighting and Class E Systems. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding Landlord’s consent to such request shall not be unreasonably withheld or delayed, taking into consideration the foregoingfact that Landlord will have to reserve additional power for other space in the Building. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the reasonable cost thereof shall be paid by Tenant within 30 days after Landlord’s demand. Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason, other than to the extent resulting from the negligence or willful misconduct of Landlord or its agents.
Section 4.2. 4.2 (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. , and Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service operate any air-conditioning unit(s) units providing air-conditioning exclusively HVAC solely to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter one or more submeters purchased and installed by Landlord, at Landlord’s expense (which submeter shall be and maintained, repaired and replaced by TenantLandlord, at TenantLandlord’s costexpense), at charges, terms and rates, applied to the monthly readings on each such meter or submeter, as set from time to time during the Term by the public utility serving the BuildingBuilding based upon the average rate per kilowatt hour payable by Landlord for the electricity furnished to the Building during the applicable billing period (computed by dividing the electricity ▇▇▇▇ for the Building for such period by the total kilowatt hours on such ▇▇▇▇), plus an amount equal to five (5%) percent thereof to reimburse Landlord for administrative services in connection with supplying and billing such electricity, and for line loss.
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Electricity. Section 4.1. Tenant shall at At all times comply with the rulesreasonable times, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity electric service equal to the Building. Landlord shall furnish an electrical demand load in the Premises product of six five (65) ▇▇▇▇▇ per usable square foot, and in no event shall foot multiplied by the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system rentable square feet of the Premises, if excluding the effect thereof would be to increase wattage in connection with Building HVAC systems (the electrical load “wattage allowance”); provided, however, that: (i) without Landlord’s consent, Tenant shall not install, or permit the installation, in the Premises over of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of the load specified wattage allowance; (ii) if Tenant shall require electric service which may disrupt the provision of electrical service to other tenants or be in this Section 4.1excess of the wattage allowance, Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and providing any additional facilities required to furnish such excess power to the Premises and upon the installation in the Premises of electric current meters to measure the amount of electricity consumed, in which latter event Tenant shall pay for the cost of such meter(s) and the cost of installation, and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electricity so consumed; and (iii) if Tenant’s increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord’s consent may be conditioned upon Tenant’s requirement to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including, but not limited to, the cost of modifications to the air conditioning system. Tenant covenants that at all time its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Notwithstanding the foregoing, Landlord shall not be liable any electricity consumed by Tenant in connection with any way to dedicated or supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant for any interruption or failure or defect (including, without limitation, the equipment specified in the supply or character (1) Item 4 of electric service furnished to the Premises or for any lossExhibit B-2 attached hereto, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission and (2) clause (ii) of the public utility serving Tenant Alternates set forth in Exhibit B-2 attached hereto), shall be separately metered and the Building or for any other reason.
Section 4.2. (A) As cost of the Commencement Date, such electricity shall be furnished payable by Tenant to Landlord to an electrical panel within the Premises. Tenant shall pay to thirty (30) days after billing by Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Building.
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Electricity. Section 4.1(a) Landlord, at Landlord’s expense, subject to the provisions of this Article 9, shall make available to Tenant, at a location in the basement of the Building to be designated by Landlord. AC electric capacity at a level not less than 600 amperes, 480 volt, 3-phase, 4-wire, dedicated to Tenant (the “Basic Capacity”). Tenant shall at all times comply with pay to Landlord the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements following amounts for the installation of the public utility supplying electricity Basic Capacity: (i) $126,350.00 (i.e., a one-time charge equal to $350.00 multiplied by each ampere in excess of 239 amperes), and (ii) Landlord’s actual out-of-pocket costs for the installation of a bus duct on the seventh (7th) floor of the Building and connections from such bus duct to the Premises. In the event that Tenant shall require electric capacity in excess of the Basic Capacity, then upon request, and subject to the availability of additional electrical capacity in the Building. , as such availability shall be determined by Landlord in its sole judgment, Landlord shall furnish an electrical demand load make additional electric power available to Tenant, at a location in the Premises basement of six (6) ▇▇▇▇▇ per usable square footthe Building to be designated by Landlord, and Tenant shall pay to Landlord a one-time charge equal to Landlord’s then-applicable rate per ampere for additional power, multiplied by each ampere in no event shall excess of the electrical demand load in the Premises exceed such capacityBasic Capacity so provided by Landlord. Tenant shall notbe solely responsible, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to at Tenant’s machinerysole cost and expense, appliances or equipment, or for the installation of all risers and other electrical facilities and equipment required in order to deliver such additional electric system of power to the Premises, if the effect thereof would be and to increase the electrical load in the Premises over the load specified in this Section 4.1distribute it therein. Notwithstanding the foregoing, Landlord Tenant covenants that Tenant’s use and consumption of electric current shall not be liable in at any way to Tenant for any interruption or failure or defect in time exceed the supply or character of electric service furnished Basic Capacity supplied to the Premises as the same may be increased from time to time pursuant to this Section 9.2, nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises. Tenant shall pay Landlord, as Additional Rent, at any time and from time to time, but no more frequently than monthly, for any lossits consumption of electrical energy at the Premises, damage or expense as provided herein. Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for may, at Tenant’s requirementssole cost and expense and subject to the provisions of Article 3 and Section 5.2, whether install equipment to convert the AC electric power supplied by reason of any requirement, act or omission Landlord pursuant to this Article 9 to DC electric power. In the event that Tenant requires electric power in excess of the public utility serving Basic Capacity and Landlord is unable or unwilling to provide such excess electric power, then Tenant shall have the Building or for any other reasonright to obtain, at its sole cost and expense, such excess electric power from the Electricity Provider (as defined in Section 9.2(d)).
Section 4.2. (Ab) As In the event that Tenant’s total power requirements at the Premises, based on an annual review of Tenant’s consumption following the first anniversary of the Commencement Date, electricity shall be furnished less than the Basic Capacity, Tenant shall pay to Landlord an annual sum equal to the fee, if any, which Landlord is obligated to pay to the Electricity Provider, commonly known as a “use it or lose it” fee, for the availability of such capacity, presently payable by Landlord to an electrical panel within the PremisesElectricity Provider at the rate of $12.50 per unused ampere per annum. Further, if as of the third (3rd) anniversary of the Commencement Date, Tenant shall continue to require less than the Basic Capacity, then Landlord shall have the right to reduce the level of electric power supplied to the Premises to Tenant’s actual power requirements as reasonably determined by Landlord.
(c) The calculations and determinations of the charges for electric energy consumed by Tenant shall be based on the readings of one or more submeters to be installed by Landlord at Tenant’s sole expense, applied to Landlord’s Electricity Cost, as defined in Section 9.2(d). Tenant shall pay for electricity consumed as determined thereunder as measured and calculated from time to time by such submeter or submeters, plus Landlord’s charge for overhead and supervision, which charge shall not exceed seven percent (7%) of such payment by Tenant. In addition, Tenant shall pay to Landlord, as Additional Rent (i) the fees and expenses of Landlord’s electrical contractor for services rendered by such electrical service contractor in the maintenance and repair of such submeter(s), and (including ii) the amount of any taxes imposed by any Governmental Authority on Landlord’s receipts from the sale of electricity to Tenant. In the event that more than one submeter is used to service any air-conditioning unit(s) providing air-conditioning exclusively to measure Tenant’s consumption of electricity in the Premises, whether or not part . Tenant shall be billed only on the basis of the HVAC Ssytem)“totalized” demand, one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”)i.e., as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on though a single meter were measuring such submeter, as set from time to time during the Term by the public utility serving the Buildingusage.
Appears in 1 contract
Electricity. Section 4.1. Tenant shall at Landlord agrees to make available electrical services twenty-four (24) hours per day, 365 days per year in the amount necessary to service (i) all times comply with the rules, regulations, terms electrical devices and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. Landlord shall furnish an electrical demand load equipment in the Premises of six (6not to exceed seven (7) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load Rentable Square Foot in the Premises exceed as specified below excluding equipment, if any, for which Tenant is already paying additional rent (e.g., a separate, non-base Building HVAC system), and (ii) common area restrooms, common areas and parking facilities for the Building at no additional cost to Tenant in excess of Tenant’s Pro Rata Share of Operating Expenses. Landlord shall furnish to the Premises electric current sufficient for HVAC (excluding any supplemental HVAC that is installed by Tenant or Landlord with respect to Tenant’s use or occupancy of the Premises) and, in addition to the electric current provided for said HVAC, electric current in accordance with the following specifications: (i) 2 ▇▇▇▇▇ per Rentable Square Foot of high voltage (480/277 volt) connected load for lighting facilities and other high voltage uses and (ii) 5 ▇▇▇▇▇ per Rentable Square Foot for low voltage (120/280 volt) connected load for outlets and other low voltage usage. Any costs to modify the existing electrical facilities that serve the Premises (including risers, transformers, and panel boxes) to provide such capacityelectrical capacity shall be borne by Tenant. Tenant shall not, without Landlord’s Without the prior written consent in each instanceof Landlord, connect which consent shall not be unreasonably conditioned, withheld or delayed, Tenant shall not install or operate any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoingwhich (a) uses electrical current exceeding thirty (30) amperes at 110 volts on a single circuit, Landlord shall not be liable or (b) in any way to Tenant for any interruption or failure or defect increases the amount of electricity consumed in the supply Premises above the seven (7) ▇▇▇▇▇ per square foot amount stated above, and shall pay periodically as additional rent the additional expense incurred by the Landlord as a result thereof if Landlord (i) documents such excess usage, (ii) provides Tenant written notice of its findings, and (iii) Tenant does not reduce its consumption within ten (10) days of its receipt of Landlord’s written notice. Landlord shall have the right from time to time to measure, using established commercially reasonable calculation methods or character one or more temporary or permanent submeters or other devices, the consumption of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether electricity by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. The cost of such measuring shall be borne by Landlord unless such measuring indicates that the electricity being consumed upon the Premises exceeds seven (7) ▇▇▇▇▇ per square foot of rentable area in the Premises for lighting and Tenant’s equipment excluding any equipment for which Tenant is already paying additional rent (e.g., a separate, non-base Building HVAC system) for electric consumption, in which event Tenant shall reimburse Landlord for the cost of such measuring, and shall in addition pay to LandlordLandlord monthly, as Additional Rent for additional rent, the cost incurred by Landlord thereafter in furnishing such electrical service (including the additional electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part which cost shall be calculated based on the actual cost of electrical service charged by the HVAC Ssytem)service provider and estimated by Landlord using its reasonable discretion. In the event Tenant’s electrical usage exceeds the seven (7) ▇▇▇▇▇ amount stated above and is documented as provided for herein, one hundred eight percent Landlord shall have the right to separately meter (108%), in each case and separately charge Tenant for the cost of the amounts installing a meter(s) (the “Electricity Additional RentSubmeter”) and for electrical usage metered thereby). In the event a Submeter is installed, Landlord shall on a monthly basis (and no more than once per month), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term and any extension(s) thereof, read the Submeter to determine the amount of the electricity consumed in the Premises since the last reading of the Submeter and then compute the cost of the electricity consumed by multiplying the cost per kilowatt hour charged by the public electric utility serving provider to Landlord for that period by the Buildingamount of the kilowatt hours consumed. Promptly after such reading but no more than once per month, the Landlord shall invoice the Tenant for (i) the cost of the electric consumption in the Premises, and such amount shall be due and payable within thirty (30) days of Tenant’s receipt of the invoice (it being understood that such payments are not due at the same time as other payments of Rent hereunder).
Appears in 1 contract
Sources: Office Lease (Sailpoint Technologies Holdings, Inc.)
Electricity. Section 4.11. Tenant shall at pay for all times comply with electricity consumed in the rules, regulations, terms and conditions applicable Building (subject to service, equipment, wiring and requirements of the public utility supplying electricity to the Buildingsuch reimbursement as hereinafter provided). Landlord shall furnish an install, at Landlord’s sole cost and expense, a sub-meter(s) in the future tenant space(s) contained in said remaining area of the Building that are not part of the Premises for all lights and plugs. Landlord shall invoice Tenant for the cost of Tenant’s electricity at the rate charged by the utility service provider on a monthly basis based on the meter readings for the Building measuring Tenant’s actual electrical demand load consumption, less the future tenant sub-meter consumption referenced above and such future tenant pro-rata share for Common Area charges, and Tenant shall reimburse Landlord, as additional rent, for such consumption within thirty (30) days upon receipt of Landlord’s invoice therefore.
2. Tenant’s use of electrical service in the Premises shall not at any time exceed the capacity of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall any of the electrical demand load conductors or other equipment in or otherwise serving the Premises exceed or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building’s electrical system, Tenant shall not, without Landlord’s at least thirty (30) days prior written notice to and consent of Landlord in each instanceinstance and compliance with the alteration section of this Lease, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage in excess of 277/480 volts nominal, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises. In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that deemed by Landlord to be standard for the Building, if 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 effect installation of utility service upgrades, air handlers or cooling units), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof would shall be to increase paid for by Tenant, as additional rent, upon Landlord’s demand, so long as no other tenants are receiving excess usage.
3. It is understood that the electrical load in generated service to the Premises over may be furnished by one or more generators of electrical power and that the load specified cost of electricity may be billed as a single charge or divided into and billed in this Section 4.1. Notwithstanding the foregoinga variety of categories, Landlord such as distribution charges, transmission charges, generation charges, congestion charges, capacity charges, public good charges, and other similar categories, and that Tenant shall not be liable in any way to Tenant responsible for any interruption fee, commission or failure other charge by an unaffiliated broker, aggregator or defect in other intermediary for obtaining or arranging the supply or character of electric service furnished generated electricity. Landlord shall have the right to select the generator of electricity to the Premises and the Building and to purchase generated electricity for the Premises and the entire Building through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time.
4. If Landlord successfully undertakes electrical generation activities for any loss, damage or expense Tenant may sustain if either the quantity or character purpose of electric service is changed or is no longer suitable for reducing Tenant’s requirementselectrical related operating costs (such as negotiating an agreement with a utility or another energy generator or engaging an energy consultant or undertaking conservation or other energy efficient measures that may require capital expenditures), whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay its proportionate share of such electric related increases with respect to Landlord’s electrical generator activities hereunder, as Additional Rent however, such amount shall in no event exceed 10% of the prior year’s Operating Costs. In no event shall the foregoing be a cap on actual electrical utility charges payable by Tenant hereunder. In no event shall Tenant pay for capital expenditures related to such electrical service generation activities, either directly or through a Landlord Operating Cost charge.
5. As used herein, the term “generator of electricity” shall mean one or more companies (including including, but not limited to, an electric utility, generator, independent or non-regulated company) that provides generated power to the electricity used Building, Premises or to service any air-conditioning unit(s) providing air-conditioning exclusively the Landlord to be provided to the Premises, whether or not part of as the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingmay be.
Appears in 1 contract
Sources: Lease Agreement (Sonus Networks Inc)
Electricity. Section 4.1SECTION 6.01. Landlord has and reserves the exclusive right to and shall (a) select one or more entity companies each an ("Electric Company") to provide electrical service to the Project and (b) furnish electric current to the Premises, inclusive of the HVAC Systems furnishing HVAC Services to the Premises on a submetering basis and Tenant agrees to purchase such electric current from Landlord or Landlord's designated agent at terms and rates set, from time to time, during the Term by Landlord. Tenant shall at all times comply with not be required to pay Landlord more than the rules, regulations, terms and conditions applicable amount calculated by applying to service, equipment, wiring and requirements the measured demand and/or usage of the public utility supplying electricity electric current in or furnished to the Building, the average rate per unit of measurement, inclusive of applicable taxes, surcharges, demand charges, energy charges, fuel adjustment charges, time of day charges and other charges, payable by Landlord for electric current furnished to the Premises by the utility (public or private) servicing the Building. Landlord No meter measuring electric current furnished to the Premises shall furnish an electrical demand load measure electric current furnished to any other area within the Project, and if it does, Tenant shall have no obligation to pay for any electric current it may utilize which is measured by such meter. Such meter shall not include electric current to provide HVAC Services within the Premises unless the HVAC System services the Premises exclusively. If more than one meter shall be used to measure electric current furnished to the Premises, such electric service shall be computed cumulatively for all such meters unless Tenant, if it were purchasing electric current directly from the utility, would have been required to use and be billed separately for more than one meter therefore pursuant to Requirements. Should any tax or charge in the nature thereof (not constituting an income tax) be imposed upon Landlord's receipt from the sale or resale of electric current to the Premises, then the pro rata share thereof allocable to the electric current furnished to the Premises shall be passed on to and paid by Tenant. Bills for such metered utilization of six (6) ▇electric current and all other accessory charges as heretofore indicated shall identify all meters measuring electric current furnished to the Premises to which such ▇▇▇▇ per usable square foot, relates and in no event shall be paid by Tenant not more than thirty (30) days after being billed therefor by Landlord. Such bills shall (a) shall specify the meter readings of each meter recording the electrical demand load current consumed in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment with respect to the Building electric distribution system Premises, (b) shall be accompanied by the utility company's ▇▇▇▇ or make any alteration bills with respect to charges for the same period (or addition to Tenant’s machinery, appliances or equipmentperiods, or the applicable portions of each) as the foregoing ▇▇▇▇ being furnished by Landlord to the Tenant, and (c) shall be rendered monthly or at such less frequent intervals as Landlord may determine. Landlord reserves the right to discontinue furnishing electric system current to the Premises on not less than 30 days notice to Tenant or upon such shorter notice as may be required by order or other action of a Governmental Authority or by Requirement. In such event, 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 current to the Premises, if the . No such discontinuance shall effect thereof would be a reduction in Rental. If pursuant to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not discontinue furnishing electric current to the Premises, Tenant shall arrange to obtain electric current directly from the utility serving the Building. Such electric current may be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission such utility by means of the public then existing Building feeders, risers and wiring (including any meters measuring such consumption utilized for such purpose at the time) to the extent that the same are available, suitable and safe for such purpose. All other additional panel boards, meters, feeders, risers, wiring and other conductors and equipment required to obtain electric current to the Premises of substantially the same quantity, quality and character from such utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished installed by Landlord. Landlord to an electrical panel within the Premises. Tenant shall pay the cost thereof. Unless required to Landlorddo so by Governmental Authority or by applicable law, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively Landlord shall not discontinue furnishing electric current to the PremisesPremises until, whether or not part of provided Tenant acts diligently in doing so, Tenant has obtained an alternative electric energy source from the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Building, and unless it shall make a similar election with regard to substantially all other of its tenants within the Building.
Appears in 1 contract
Electricity. Section 4.1Tenant shall, in addition to paying Fixed Rent, pay for all electricity consumed in the Premises pursuant to Landlord’s reasonable estimate, or, at Landlord’s option if reasonably possible, pursuant to a Landlord installed electric sub-meter or check meter to measure Tenant’s actual usage consumed within the Premises. Tenant shall reimburse Landlord for all costs of such electricity on a monthly basis (currently estimated at all times comply with $1.35/RSF), specifically within thirty (30) days upon receipt of Landlord’s invoice therefore. Common area electricity and Building HVAC electric charges are included in the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements common area maintenance charges set forth in Section 4.2 of the public utility supplying electricity to the Buildingthis Lease. Landlord shall furnish an Tenant’s use of electrical demand load service in the Premises shall not at any time exceed the capacity of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall any of the electrical demand load conductors or other equipment in or otherwise serving the Premises exceed or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building’s electrical system, Tenant shall not, without Landlord’s at least thirty (30) days prior written notice to and consent of Landlord in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage of 277/480 volts nominal, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises. In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that reasonably deemed by Landlord to be standard for the Building, if 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 effect installation of utility service upgrades, sub-meters, air handlers or cooling units), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof would shall be to increase paid for by Tenant, as additional rent, upon Landlord’s demand, so long as no other tenants are receiving excess usage. It is understood that the electrical load in generated service to the Premises over may be furnished by one or more generators of electrical power and that the load specified cost of electricity may be billed as a single charge or divided into and billed in this Section 4.1a variety of categories, such as distribution charges, transmission charges, generation charges, congestion charges, capacity charges, public good charges, and other similar categories, and may also include a fee, commission or other charge by an unaffiliated broker, aggregator or other intermediary for obtaining or arranging the supply of generated electricity. Notwithstanding the foregoing, Landlord shall have the right to select the generator of electricity to the Premises and to purchase generated electricity for the Premises through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time. If Landlord successfully undertakes activities for the purpose of reducing Tenant’s operating costs (such as negotiating an agreement with a utility or another energy generator 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 out of pocket costs and expenses associated with such actions (including, but not limited to, brokers’ commissions and legal fees, but excluding capital expenditures, which shall be liable amortized and paid by Tenant as set forth in any way Section 4.2 of the Lease), as additional rent, if, as and when payment is made by Landlord with no profit to Tenant for any interruption Landlord. As used herein, the term “generator of electricity” shall mean one or failure more companies (including, but not limited to, an electric utility, generator, independent or defect in the supply or character of electric service furnished non-regulated company) that provides generated power to the Premises or for any loss, damage or expense Tenant may sustain if either to the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively be provided to the Premises, whether or not part of as the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingmay be.
Appears in 1 contract
Sources: Sublease (Demandware Inc)
Electricity. Section 4.1(1) Tenant agrees that Owner may furnish electricity to Tenant on a “submetering” basis pursuant to Article 386 or on a “rent inclusion” basis pursuant to Article 38D. Notwithstanding the foregoing, until such time as Owner notifies Tenant otherwise, Owner shall furnish electricity to the Demised Premises on a rent inclusion basis. Owner reserves the right, at any time upon thirty (30) days’ written notice, to change its furnishing of electricity to Tenant from a rent inclusion basis to a submetering basis, or vice versa. Owner covenants that it will, at Owner’s sole cost and expense, provide not less than six (6) w▇▇▇▇ per rentable square foot on a connected load (exclusive of base building heating, ventilation and air-conditioning) of electricity to the Demised Premises during the term hereof.
(2) 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. Landlord Tenant shall furnish not use any electrical equipment which, in Owner’s reasonable judgment, would exceed the capacity of any of the electrical conductors or equipment in or otherwise servicing the Demised Premises or interfere with the electrical service to other tenants of the Building. In the event that, in Owner’s reasonable judgment, Tenant’s electrical requirements necessitate installation of an electrical demand load additional riser, risers or other proper and necessary conductors or equipment due to Tenant’s requirements which are in the Premises excess of said six (6) ▇w▇▇▇▇ per usable rentable square footfoot on a connected load, and in no event Owner shall the electrical demand load in the Premises exceed so notify Tenant of same. Within five (5) Business Days after receipt of such capacity. notice, Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or either cease such use of such electrical equipment (to the Building electric distribution system extent such use requires more than said six (6) w▇▇▇▇ per rentable square foot on a connected load) or make any alteration or addition shall request that additional electricity capacity (specifying the amount requested) be made available to Tenant. Owner, in Owner’s machinerysole judgment, appliances 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 Owner shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary conductors or equipment, or including, without limitation, any switchgear, the electric system same shall be installed by Owner. Any such installation shall be made at Tenant’s sole but reasonable cost and expense, and shall be chargeable and collectible as additional rent and paid within thirty (30) days after the rendition of the Premises, if the effect thereof would be a b▇▇▇ to increase the electrical load in the Premises over the load specified in this Section 4.1Tenant therefor. Notwithstanding the foregoing, Landlord Owner shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Demised Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reasonreason not attributable to the gross negligence of Owner, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Owner.
Section 4.2. (A1) As Unless Owner elects to have Tenant obtain electricity from the public utility company furnishing electricity to the Building pursuant to the provisions of Article 38E hereof or elects to furnish electricity to the Commencement DateDemised Premises pursuant to the provisions of Article 38D hereof, electricity shall be furnished by Landlord Owner to an electrical panel within the Premises. Demised Premises and Tenant shall pay Owner for Tenant’s demand and consumption of electricity as determined by meters or submeters (installed by Owner, at Tenant’s cost, for the purpose of measuring such demand and consumption) at charges, terms and rates set, from time to Landlordtime, as Additional Rent for such electrical during the term of this Lease by Owner but not more than those specified in the service (including classification in effect on January 1, 1970 pursuant to which Owner then purchased electric current from the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to public utility corporation serving the Premises, whether or not part of the HVAC Ssytem)city where the Building is located; provided, one hundred eight percent (108%)however, said charges shall be increased in each case the same percentage as any percentage increase in the billing to Owner for electricity for the entire Building, by reason of increase in Owner’s electric rates, charges, fuel adjustment or service classifications, or by taxes or charges of any kind imposed thereon, or for any other such reason, subsequent to January 1, 1970. Any such percentage increase in Owner’s billing for electricity shall be computed by the application of the amounts average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the rate change, other change, or any changed methods of or rules on billing for same, on a consistent basis to the new rate and to the service classification in effect on January 1, 1970. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months; and that same consumption, so projected, shall be applied to the service classification in effect on January 1, 1970. Amounts required to be paid by Tenant to Owner pursuant to this Article 38B shall be referred to as “Electricity Additional Rent”. If any sales or use tax is imposed upon Owner’s receipt from the sale or resale of electrical energy or upon steam, gas or telephone service or any other service to Tenant by any Governmental Authority, Tenant covenants and agrees that, where permitted by law, Tenant’s pro-rata share of such taxes shall be passed on to Tenant, included in the b▇▇▇ rendered to Tenant, and paid by Tenant to Owner.
(2) During the Term of this Lease, Owner shall, at Owner’s cost (unless repair or replacement is necessitated due to the negligence or willful misconduct of Tenant, its employees, agents or contractors, in which case Tenant shall be responsible for the reasonable cost thereof), as determined by an existing submeter (which submeter maintain, repair and replace such meter(s) or submeter(s) measuring the electricity supplied to Tenant. 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 maintainedrendered to Tenant at such time as Owner may elect, repaired and replaced Tenant shall pay the amount shown thereon to Owner within thirty (30) days after receipt of such b▇▇▇.
(1) Unless Owner elects to supply electricity to the Demised Premises pursuant to Article 38B hereof or to have Tenant obtain electricity from the public utility furnishing electricity to the Building pursuant to the provisions of Article 38E hereof, Owner shall furnish electric current to the Demised Premises for the use of Tenant for the operation of the lighting fixtures and the electrical receptacles for ordinary office equipment in the Demised Premises on a “rent inclusion” basis, that is, there shall be no separate charge to Tenant for such electric current by Tenantway of measuring such electricity service on any meter. The Fixed Rent set forth in this Lease does not include an annual charge for electricity service of Eleven Thousand, Fifty-Three and 00/100 ($11,053.00) Dollars (such amount, as it may be increased pursuant to the provisions of this Lease, being referred to as the “Electricity Inclusion Factor”), but as long as Owner furnishes electricity to Tenant on a rent inclusion basis pursuant to this Article 38D, the Fixed Rent shall be increased by the Electricity Inclusion Factor. The parties agree that although the charge for furnishing electrical energy may be 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, at Owner’s option, may cause a reputable and independent electrical engineer or electrical consulting firm, selected by Owner (such engineer or consulting firm being hereinafter referred to as “Owner’s Engineer”), to make a determination, following the commencement of Tenant’s costnormal business activities in the Demised 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 Demised Premises by the Electric Rate (hereinafter defined). Owner’s Engineer shall certify such determination in writing to Owner and Tenant. If the Full Value to Tenant is in excess of the Electricity Inclusion Factor, at chargesthe Electricity Inclusion Factor shall be increased by such excess. However, terms if it shall be so determined that the Full Value to Tenant of such service does not exceed the Electrical Inclusion Factor, there shall nevertheless be no decrease in the Electricity Inclusion Factor.
(2) If during the Term the Electric Rate (hereinafter defined) shall increase over the Base Electric Rate, the Electricity Inclusion Factor shall be proportionately increased. The Electricity Inclusion Factor constitutes Additional Rent and ratesis not a part of Fixed Rent.
(a) Owner, applied to the monthly readings on such submeter, as set from time to time during the Term Term, may cause Owner’s Engineer to survey the demand and consumption of electrical energy at the Demised Premises. If the then Full Value shall exceed the then Electricity Inclusion Factor, the Electricity Inclusion Factor, shall be proportionately increased, based on the increased demand and consumption and the then prevailing Electric Rate.
(b) Owner shall furnish to Tenant a written statement (an “Electricity Statement”) setting forth Owner’s determination of any increase which has occurred in the Full Value and the Electricity Inclusion Factor pursuant to the provisions of this Article 38D. Any such increase in the Electricity Inclusion Factor 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 (but not more than six (6) months prior to the notice to Tenant). Any retroactive increase shall be paid by Tenant within thirty (30) days after demand and such amount shall be collectible by Owner as Additional Rent hereunder.
(c) Each such Electricity Statement given by Owner pursuant to Article 38D(3)(b) above, shall be conclusive and binding upon Tenant, unless within sixty (60) days after the receipt of such Electricity Statement, Tenant shall notify Owner 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 Owner and Tenant are unable to resolve the dispute between them within thirty (30) days after receipt by Owner 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 Owner 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 Owner’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 public utility serving parties, except that each party shall pay its own counsel fees and expenses, if any, in connection with the Buildingarbitration. 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, Owner, at its option, shall either credit the amount of such overpayment against subsequent monthly installments of Fixed Rent hereunder (if there are any remaining payments of Fixed Rent due hereunder) or pay to Tenant the amount of such overpayment.
(4) Owner’s failure during the Term to prepare and deliver any Electricity Statement, or bills, or Owner’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 Owner 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 38 during the Term, provided, however, if Owner fails to make a demand or deliver a b▇▇▇ within twelve (12) months from the last day of the billing period, then Owner will conclusively be deemed to have waived the payment thereof. Tenant’s liability for the amounts due under this Article 38 shall survive the expiration or sooner termination of this Lease and Owner’s obligation, if any, to refund any payments by Tenant in excess of the amounts required to be paid by Tenant to Owner pursuant to this Article 38 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, Owner’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.
(5) 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.
(6) The Electricity Inclusion Factor shall be collectible by Owner in the same manner as Fixed Rent.
(7) For the purposes of this Article 38D, Owner and Tenant agree that:
Appears in 1 contract
Electricity. Section 4.1Tenant shall, in addition to paying Fixed Rent, pay for all electricity consumed in the Premises pursuant to a Landlord installed electric sub-meter or check meter to measure Tenant’s actual usage consumed within the Premises. Tenant shall at reimburse Landlord for all times comply with costs of such electricity based on the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of rate charged by the public utility supplying electricity company to the Building. Landlord shall furnish an electrical demand load in the Premises of six (6) without ▇▇▇▇▇ per usable square foot-up by Landlord) on a monthly basis (currently estimated at $1.50/RSF), specifically within thirty (30) days upon receipt of Landlord’s invoice therefore, which invoice shall identify amount of electrical usage for the Premises based on such meter or check meter for such month. Common area electricity and Building HVAC electric charges are included in no event shall the common area maintenance charges set forth in Section 4.2 of this Lease. Tenant’s use of electrical demand load service in the Premises shall not at any time exceed the capacity of any of the electrical conductors or other equipment in or otherwise serving the Premises or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building’s electrical system, Tenant shall not, without Landlord’s at least thirty (30) days prior written notice to and consent of Landlord in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage of 277/480 volts nominal, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises. In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that reasonably deemed by Landlord to be standard for the Building, if 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 effect installation of utility service upgrades, sub-meters, air handlers or cooling units), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof would shall be to increase paid for by Tenant, as additional rent, upon Landlord’s demand, so long as no other tenants are receiving excess usage. It is understood that the electrical load in generated service to the Premises over may be furnished by one or more generators of electrical power and that the load specified cost of electricity may be billed as a single charge or divided into and billed in this Section 4.1a variety of categories, such as distribution charges, transmission charges, generation charges, congestion charges, capacity charges, public good charges, and other similar categories, and may also include a fee, commission or other charge by an unaffiliated broker, aggregator or other intermediary for obtaining or arranging the supply of generated electricity. Notwithstanding the foregoing, Landlord shall have the right to select the generator of electricity to the Premises and to purchase generated electricity for the Premises through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time. As used herein, the term “generator of electricity” shall mean one or more companies (including, but not be liable in any way to Tenant for any interruption limited to, an electric utility, generator, independent or failure or defect in the supply or character of electric service furnished non-regulated company) that provides generated power to the Premises or for any loss, damage or expense Tenant may sustain if either to the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively be provided to the Premises, whether or not part of as the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingmay be.
Appears in 1 contract
Sources: Lease Agreement (Demandware Inc)
Electricity. Section 4.11. Tenant shall at pay for all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to consumed in the Building. Landlord Tenant shall furnish an pay for such consumption directly to the provider of such electricity.
2. Tenant’s use of electrical demand load service in the Premises shall not at any time exceed the capacity of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall any of the electrical demand load conductors or other equipment in or otherwise serving the Premises exceed or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building’s electrical system, Tenant shall not, without Landlord’s at least thirty (30) days prior written notice to and consent of Landlord in each instanceinstance and compliance with the alteration section of this Lease, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage in excess of 277/480 volts nominal, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises. In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that deemed by Landlord to be standard for the Building, if 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 effect installation of utility service upgrades, air handlers or cooling units), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof would shall be to increase paid for by Tenant, upon Landlord’s demand.
3. It is understood that the electrical load in generated service to the Premises over may be furnished by one or more generators of electrical power and that the load specified cost of electricity may be billed as a single charge or divided into and billed in this Section 4.1. Notwithstanding the foregoinga variety of categories, Landlord such as distribution charges, transmission charges, generation charges, congestion charges, capacity charges, public good charges, and other similar categories, and that Tenant shall not be liable in any way to Tenant responsible for any interruption fee, commission or failure other charge by an unaffiliated broker, aggregator or defect in other intermediary for obtaining or arranging the supply or character of electric service furnished generated electricity. Landlord shall have the right to select the generator of electricity to the Premises and the Building and to purchase generated electricity for the Premises and the entire Building through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time.
4. If Landlord successfully undertakes electrical generation activities for any loss, damage or expense Tenant may sustain if either the quantity or character purpose of electric service is changed or is no longer suitable for reducing Tenant’s requirementselectrical related operating costs (such as negotiating an agreement with a utility or another energy generator or engaging an energy consultant or undertaking conservation or other energy efficient measures that may require capital expenditures), whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay its proportionate share of such electric related increases with respect to Landlord’s electrical generator activities hereunder, as Additional Rent however, such amount shall in no event exceed 10% of the prior year’s Operating Costs. In no event shall the foregoing be a cap on actual electrical utility charges payable by Tenant hereunder. In no event shall Tenant pay for capital expenditures related to such electrical service generation activities, either directly or through a Landlord Operating Cost charge.
5. As used herein, the term “generator of electricity” shall mean one or more companies (including including, but not limited to, an electric utility, generator, independent or non-regulated company) that provides generated power to the electricity used Building, Premises or to service any air-conditioning unit(s) providing air-conditioning exclusively the Landlord to be provided to the Premises, whether or not part of as the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingmay be.
Appears in 1 contract
Sources: Lease (Sonus Networks Inc)
Electricity. Section 4.1. (a) While Tenant shall at all times comply with is occupying the rulesPremises and is not in Default under this Lease, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. Landlord shall will furnish an electrical demand load sufficient power in the Premises twenty-four hours per day, seven days a week (subject to outages beyond Landlord's control and reasonable interruptions as may be required from time-to-time for the maintenance and improvement of six (6the Building and Building systems) ▇▇▇▇▇ per usable square footfor lighting and for personal desktop computers, a typical network server, typewriters, word processors, calculating machines, copying machines, and in no event shall the other similar office equipment of low electrical demand load consumption. Tenant will not install or operate in the Premises exceed such capacity. Tenant shall not, any heavy duty electrical equipment or machinery without Landlord’s first obtaining prior written consent in each instanceof Landlord, connect any fixtureswhich approval shall not be unreasonably withheld, conditioned or delayed. Landlord may require, as a condition of its consent, for the installation of such equipment or machinery, appliances payment by Tenant as Additional Rent for excess consumption of electricity that may be occasioned by the operation of said equipment or equipment to the Building electric distribution system or machinery. Upon reasonable prior notice, Landlord may make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system periodic inspections of the Premises, if Premises at reasonable times to determine that Tenant's electrically operated equipment and machinery complies with the effect thereof would be to increase provisions of Part 6.
(b) If the electrical load CEMS reveals that Tenant's use of electricity in the Premises over exceeds by more than ten percent (10%) of the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect electrical demands on a square foot basis of other tenants on average in the supply or character of electric service furnished to the Premises or for any lossBuilding, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. then Tenant shall pay to LandlordLandlord (or the utility company if direct service is provided by such company) promptly upon demand therefore, for all such excessive electric consumption and demand as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term shown by the public utility serving the BuildingCEMS. Tenant shall also pay a service charge related thereto as calculated by Landlord.
Appears in 1 contract
Electricity. Section 4.19.9.1. Tenant shall at The Lessee acknowledges its awareness that the Lessor owns the rights vis-à-vis the Israel Electric Corporation and any other party in all times comply with matters relating to the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying infrastructure providing electricity to the BuildingProject and the Leased Premises and that the rights are the sole property of the Lessor. Landlord shall furnish an electrical demand load in the Premises of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment The right granted to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or Lessee hereunder is a temporary right of use for the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to LandlordLease Term, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part of the HVAC Ssytem)services provided to the Lessee hereunder and subject to any other term and provision of this Agreement, one hundred eight percent (108%)including, in each case particular, the provisions of Appendix K hereto concerning electricity supply and maintenance provisions.
9.9.2. Without derogating from the provisions of Section 9.2.1 above, the Lessee acknowledges its awareness that the charge for the direct electricity consumption in the Leased Premises shall be based on a reading of a meter to be installed by the Lessor and at the Lessee’s expense. The type of meter shall be determined by the Lessor at its sole discretion. The Lessee shall also be charged a fixed monthly fee for the electricity supply services. The rate that the Lessee shall pay for electricity to the Leased Premises on the basis of the amounts (meter reading as well as the “Electricity Additional Rent”), as determined by an existing submeter (which submeter fixed charge shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on a LV TOU tariff as such submeter, as set tariff is determined from time to time during the Term by the public utility serving Public Utility Authority - Electricity. It is clarified that with respect to the Buildingcentral AC electricity consumption (electricity to the chillers), the Lessee shall be charged on the basis of its relative share in the Leased Premises in relation to the entire area of occupied leased properties connected to the central AC system.
9.9.3. The Lessor may at any time, at its discretion, modify the method of charging for the central AC system (electricity to the chillers), including by installing power meters, provided that it gives the Lessee prior notice of its intention to do so. The Lessee undertakes to pay the Lessor, for the duration of the Lease Term, the aforementioned payments for the supply of electricity services and electricity consumption within 3 days of receiving a written demand, including an invoice.
9.9.4. The Lessee is aware that a delay in payment of the electricity b▇▇▇ causes the Lessor damage since the Lessor cannot avoid paying the b▇▇▇ for electricity that is supplied to the entire complex in a centralized manner.
9.9.5. A delay in the payment of the electricity b▇▇▇ shall be charged annual arrears interest at the rate of Prime + 8% from the intended payment date until actual payment.
Appears in 1 contract
Sources: Lease Agreement (Outbrain Inc.)
Electricity. Section 4.1. 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. Landlord shall furnish an electrical demand load in the Premises of six provide electricity (6subject to payments by Tenant as described below) for building-standard overhead fluorescent office lighting fixtures, and equipment and accessories customary for offices which are plugged into standard outlets, where: (a) such electricity does not exceed 4.0 ▇▇▇▇▇ per usable square footfoot of the Demised Premises, (b) the systems and equipment are suitable, and the safe and lawful capacity thereof is not exceeded, and (c) sufficient capacity remains at all times for other existing and future tenants, as determined in no event shall the electrical demand load in the Premises exceed such capacityLandlord's reasonable discretion. Tenant shall notpay for (i) all electricity consumed in the Demised Premises (including electricity for outlets, without Landlord’s prior written consent general lighting, any supplemental HVAC equipment as described in each instanceParagraph 5.1(iii), connect any fixturesAdditional Electric Equipment as described in Paragraph 5.1(vi), machineryany special lighting equipment serving the Demised Premises), appliances or equipment to (ii) all electricity consumed by the perimeter fan coil unit(s) serving the Demised Premises, and (iii) Tenant's proportionate share of all electricity consumed in connection with the lighting of any common area corridors, the elevator lobby and restrooms, on the floor(s) of the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or on which the electric system of the Premises, if the effect thereof would be to increase the electrical load Demised Premises is located (as such proportionate share is determined by Landlord in the Premises over exercise of prudent management practices based upon the load specified in this Section 4.1. Notwithstanding the foregoingtenants on such floor(s)), as follows:
(A) Tenant shall pay such rates as Landlord may establish from time to time, which shall not be liable less than the average rate per KWH that Landlord pays, and which shall not be in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason excess of any requirementapplicable rates chargeable by Law, act or omission in excess of the public general service rate or other such rate that would apply to Tenant's consumption if charged by the utility or municipality serving the Building or for any other reasongeneral area in which the Building is located.
Section 4.2. (AB) As For areas of the Commencement DateDemised Premises now or hereafter separately-metered, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to for amounts of electricity based on such meters, and any meter-reading charges incurred by Landlord, as Additional Rent for such electrical service (including the electricity used or which Landlord may reasonably establish from time to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part time. For areas of the HVAC Ssytem)Demised Premises not separately metered, one hundred eight percent (108%)Tenant shall pay for amounts of electricity based on the reasonable estimates of Landlord's engineer, in each case or at Landlord's election, shall pay Landlord's cost for installing separate meters, and shall thereafter pay based on such meters. In the alternative, for areas of the amounts (Demised Premises not separately metered, but metered together with other space in the “Electricity Additional Rent”)Building, as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set Landlord may from time to time elect to allocate the electricity charges between the Demised Premises and such other space based on the ratio of the rentable area of the Demised Premises and the rentable area of such other space; provided, if such other space is not fully occupied during any billing period, Landlord may make an adjustment in the Term by foregoing computation such that only the public utility serving the Buildingaverage rentable square footage of such other space actually occupied during such billing period is used.
(C) All such charges shall be payable as additional Rent within twenty (20) days after such billing. Landlord may reasonably estimate Tenant's electricity charges in advance, on a monthly, quarterly or other reasonable basis, and ▇▇▇▇ and reconcile such amounts periodically (with Landlord to provide any necessary credit or refund and Tenant to pay any additional amount due).
Appears in 1 contract
Sources: Office Lease (I Trax Com Inc)
Electricity. Section 4.1. 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 BuildingBuilding and applicable to Tenant’s use thereof as opposed to the Building requirements, which shall be complied with by Landlord at Landlord’s cost and expense. Landlord shall furnish an electrical demand load required feeders and switch for Tenant in the Premises to handle a capacity of six (6) ▇▇▇▇▇ per usable square footfoot demand load (exclusive of the electricity required to operate the Building Systems and the AC Unit), and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the demand load specified in this Section 4.14.
1. Notwithstanding the foregoing, if Tenant shall deliver to Landlord a so-called “load letter” prepared by an electrical engineer reasonably acceptable to Landlord demonstrating that Tenant needs additional electrical capacity in connection with its operations in the Premises, Landlord shall make up to one (1) watt demand load per usable square foot of additional electrical capacity available to the Premises at Tenant’s sole cost and expense. Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason, except to the extent resulting from Landlord’s negligence or willful misconduct or from other matters within Landlord’s control.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any all air-conditioning unit(sequipment (including, without limitation, the AC Unit and any Supplemental AC Systems) providing air-conditioning exclusively to serving the Premises, whether or not part of the HVAC Ssytem), one hundred eight five percent (108105%), in each case ) of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter or submeter(s) installed by Landlord, at Landlord’s expense (which submeter submeter(s) shall be maintained, repaired and replaced by TenantLandlord, at TenantLandlord’s cost), at charges, terms and rates, applied to the monthly readings on such submetersubmeter(s), in accordance with Landlord’s monthly average cost of electricity. Tenant shall have the right to audit electrical meter readings. Landlord’s monthly average cost of electricity shall be determined as set from time follows: (i) the total amount billed to time during the Term Landlord by the public utility serving and/or service providers supplying electricity service to the Building for the Building’s consumption for the relevant billing period for energy (kilowatt-hours, i.e.,kwh) shall be divided by the total kilowatt hours consumed by the Building for the billing period, carried to six decimal places, and (ii) the total dollar amount billed to Landlord by the public utility and/or service providers supplying electric service to the Building for the relevant billing period for demand kilowatts (i.e., kw) for the Building’s consumption for such billing period, shall be divided by the total demand (kilowatts of the Building), for such billing period, carried to six decimal places. Landlord’s monthly average cost rate, as defined above, for kwh and for kw shall be applied to Tenant’s electricity consumption and demand as measured by the above-mentioned submeters, for the relevant billing period.
Appears in 1 contract
Electricity. (a) Landlord, at Landlord's expense, subject to the provisions of this Article 9, shall make available to Tenant 1400 amperes (from a 1600 ampere switch), 460 volts, 3-phase, 4-wire AC electric capacity dedicated to Tenant for use in the Premises (the "Basic Capacity"). Landlord, at Tenant's expense, shall, as an Alteration, bring all such Basic Capacity from the bus duct in Landlord's electrical closet "C" on the ninth floor of the Building to the Premises and distribute it therein. In the event that Tenant shall require electric capacity in excess of the Basic Capacity, then upon request, and subject to the availability of additional electrical capacity in the Building, as determined by Landlord in its sole judgment, Landlord shall make additional electric power available to Tenant, at a location in the basement of the Building to be designated by Landlord, and Tenant shall be solely responsible, at Tenant's sole cost and expense for the installation of all risers and other electrical facilities and equipment required in order to deliver such additional electric power to the Premises and distribute it therein (and shall use Landlord's designated electrical contractor to perform the tap into the Building's electrical system in the basement of the Building), and Tenant shall pay to Landlord a one-time charge equal to Landlord's then-applicable rate per ampere (which is currently equal to $300.00 per ampere) for additional power, multiplied by each ampere in excess of the Basic Capacity so provided by Landlord. Tenant covenants that Tenant's use and consumption of electric current shall not at any time exceed the electric capacity required to be supplied to the bus duct on the ninth floor by Landlord from time to time pursuant to this Section 4.19.2, nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises. Tenant shall pay Landlord, as Additional Rent, at all times comply with the rulesany time and from time to time, regulationsbut no more frequently than monthly, terms and conditions applicable to service, equipment, wiring and requirements for its consumption of the public utility supplying electricity to the Building. Landlord shall furnish an electrical demand load in the Premises of six (6) ▇▇▇▇▇ per usable square foot, and in no event shall the electrical demand load in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of energy at the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1as provided herein. Notwithstanding the foregoing, in the event Tenant shall terminate this Lease with respect to Space B or Space C in accordance with Section 2.3, the Basic Capacity shall be reduced by an amount proportionate to the ratio of the area of such Space to the aggregate area of Spaces A, B and C.
(b) The calculations and determinations of the charges for electric energy consumed by Tenant shall be based on the readings of one or more submeters to be installed reasonably promptly by Landlord at Tenant's sole expense, applied to Landlord's Electricity Cost, as defined in Section 9.2(c). Tenant shall pay for electricity consumed as determined thereunder as measured and calculated from time to time by such submeter or submeters, plus Landlord's charge for overhead and supervision, which charge shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character exceed seven percent (7%) of electric service furnished to the Premises or for any losssuch payment by Tenant. In addition, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent (i) the fees and expenses of Landlord's electrical contractor for services rendered by such electrical service (including contractor in the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively to the Premises, whether or not part maintenance and repair of the HVAC Ssytemsuch submeter(s), one hundred eight percent and (108%), in each case ii) the amount of any taxes imposed by any Governmental Authority on Landlord's receipts from the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by sale of electricity to Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Building.
Appears in 1 contract
Electricity. Section 4.1Tenant shall, in addition to paying Fixed Rent, pay for all electricity consumed in the Premises pursuant to a Landlord installed electric sub-meter or check meter to measure Tenant’s actual usage consumed within the Premises. Tenant shall at reimburse Landlord for all times comply with costs of such electricity based on the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of rate charged by the public utility supplying electricity company to the Building. Landlord shall furnish an electrical demand load in the Premises of six (6) without ▇▇▇▇▇ per usable square foot-up by Landlord) on a monthly basis (currently estimated at $1.35/RSF), specifically within thirty (30) days upon receipt of Landlord’s invoice therefore, which invoice shall identify amount of electrical usage for the Premises based on such meter or check meter for such month. Common area electricity and Building HVAC electric charges are included in no event shall the common area maintenance charges set forth in Section 4.2 of this Lease. Tenant’s use of electrical demand load service in the Premises shall not at any time exceed the capacity of any of the electrical conductors or other equipment in or otherwise serving the Premises or the Building standard, as hereinafter provided. To ensure that such capacity. capacity is not exceeded and to avert possible adverse effects upon the Building’s electrical system, Tenant shall not, without Landlord’s at least thirty (30) days prior written notice to and consent of Landlord in each instance, connect any fixtures, machinery, appliances or equipment to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage of 277/480 volts nominal, or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises. In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that reasonably deemed by Landlord to be standard for the Building, if 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 effect installation of utility service upgrades, sub-meters, air handlers or cooling units), and all such additional usage (except to the extent prohibited by law), installation and maintenance thereof would shall be to increase paid for by Tenant, as additional rent, upon Landlord’s demand, so long as no other tenants are receiving excess usage. It is understood that the electrical load in generated service to the Premises over may be furnished by one or more generators of electrical power and that the load specified cost of electricity may be billed as a single charge or divided into and billed in this Section 4.1a variety of categories, such as distribution charges, transmission charges, generation charges, congestion charges, capacity charges, public good charges, and other similar categories, and may also include a fee, commission or other charge by an unaffiliated broker, aggregator or other intermediary for obtaining or arranging the supply of generated electricity. Notwithstanding the foregoing, Landlord shall have the right to select the generator of electricity to the Premises and to purchase generated electricity for the Premises through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time. As used herein, the term “generator of electricity” shall mean one or more companies (including, but not be liable in any way to Tenant for any interruption limited to, an electric utility, generator, independent or failure or defect in the supply or character of electric service furnished non-regulated company) that provides generated power to the Premises or for any loss, damage or expense Tenant may sustain if either to the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Tenant shall pay to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively be provided to the Premises, whether or not part of as the HVAC Ssytem), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Buildingmay be.
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Sources: Sublease Agreement (Demandware Inc)
Electricity. Section 4.1. Subject to the provisions of this Article, Landlord shall provide electricity to the Premises through the existing electrical system of the Building for the operation of Tenant’s electrical systems and equipment at the Premises. Landlord, at Tenant’s expense, shall maintain one or more submeters measuring Tenant’s consumption and demand of electricity in the Premises, including any electricity to operate any supplemental air conditioning system now or hereafter located in the Premises. To the extent not included in Operating Expenses, Tenant shall pay to Landlord for Tenant’s electrical usage, as Additional Rent, within fifteen (15) days following Tenant’s receipt of Landlord’s Statement, at all times comply with the rules, regulationssuch charges, terms and conditions applicable rates, as are applied to servicethe monthly readings on each such meters or submeters, equipment, wiring and requirements of as set from time to time during the Term by the public utility serving the Building under the service classification in effect pursuant to which Landlord purchases electricity, plus an amount equal to five (5%) percent thereof to reimburse Landlord for administrative services in connection with supplying and billing such electricity (the “Electricity Additional Rent”). If more than one meter or submeter measures Tenant’s electricity, the electricity rendered through each submeter may be computed and billed separately in accordance with this Section.
Section 4.2. Tenant shall be responsible for all installations and wiring necessary to distribute electrical energy in the Premises, including the tie-in of electrical service to the BuildingPremises from the meters or submeters measuring Tenant’s electrical consumption. Landlord shall furnish an electrical demand load in shall, during the Term of this Lease, ensure that the Premises has a capacity to handle an aggregate of six up to nine (69) ▇▇▇▇▇ demand load per usable square footfoot of the Premises (exclusive of the HVAC System), to the extent Tenant demonstrates to Landlord’s reasonable satisfaction that Tenant needs such capacity in connection with its operations in the Premises. Such electric energy shall be furnished to Tenant by means of the existing Building system feeders, risers and in no event shall wiring to the electrical demand load extent that the same are available, suitable and safe for such purpose. Tenant’s use of electric current in the Premises shall not at any time exceed the capacity of any of the electrical conductors, feeders, risers, wiring installation and equipment in the Building or otherwise serving the Premises. Tenant may not use any electrical equipment, which, in Landlord’s judgment, will overload such capacityinstallations or interfere with the use thereof by other tenants of the Building. In order to ensure 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 in each instance, connect any additional fixtures, machinery, appliances or equipment (other than personal computers, word processors, facsimile machines, photocopiers, lamps, typewriters and similar office machines) to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the PremisesPremises existing on the Commencement Date. Should Landlord grant such consent, if all additional risers, or other equipment required therefor shall be installed by Landlord and the effect cost thereof would shall be to increase paid by Tenant upon Landlord’s demand. Unless caused by the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoingnegligence or willful misconduct of Landlord, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of electric service current furnished to the Premises or for any loss, loss or damage or expense which Tenant may sustain or incur if either the quantity said supply or character of electric service is changed current either fails or changes or is no longer suitable available for Tenant’s 's requirements. At all times during the Term of this Lease, whether by reason of any requirement, act or omission of Tenant shall comply with all Requirements and the public utility serving the Building or for any other reasonapplicable to service, equipment, wiring and changes in Requirements.
Section 4.24.3. (A) As of At Landlord’s option, Tenant shall purchase from Landlord all lighting tubes, lamps, bulbs and ballasts used in the Commencement Date, electricity shall be furnished by Landlord to an electrical panel within the Premises. Premises and Tenant shall pay to Landlord’s reasonable charges for providing and installing the same, on demand, as Additional Rent for such Rent.
Section 4.4. Landlord shall have the right, in its sole discretion, to select any entity or entities which it desires to have as the electrical service provider to the Building (including the electricity used Premises), and Tenant shall not have the right to service any air-conditioning unit(s) providing air-conditioning exclusively select the same or participate in the selection of the same, except and to the Premises, whether or not part of the HVAC Ssytemextent that any Requirement mandates that Tenant have any such right(s), one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as determined by an existing submeter (which submeter shall be maintained, repaired and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied to the monthly readings on such submeter, as set from time to time during the Term by the public utility serving the Building.
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Sources: Lease Agreement (Magnite, Inc.)
Electricity. Section 4.1. Tenant (1) LANDLORD, at LANDLORD's expense, shall at all times comply with the rulesfurnish normal electrical energy required for lighting, regulations, terms and conditions applicable to serviceelectrical facilities, equipment, wiring normal office fixtures, and requirements appliances used in or for the benefit of TENANT's Space, subject to the public utility supplying electricity limitations in the following paragraph.
(2) TENANT shall not, without prior written notice to LANDLORD in each instance, connect to the Building. Landlord shall furnish an electrical demand load 's electric distribution system any fixtures, appliances or equipment other than normal office machines such as desktop calculators and typewriters, or any fixtures, appliances or equipment which TENANT on a regular basis operates beyond normal building operating hours, or which operate on a voltage in excess of 120 volts or which in the Premises of six (6) aggregate, including lighting, consume more than 2 ▇▇▇▇▇ per usable square footmultiplied by the Rentable Floor Area of TENANT's Space. In the event of any such connection, and in no event shall the electrical demand load TENANT agrees to an increase in the Premises exceed such capacity. Tenant shall not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment Base Rent by an amount which will reflect the cost to the Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system LANDLORD of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way to Tenant for any interruption or failure or defect in the supply or character of additional electric service furnished to the Premises or for any loss, damage or expense Tenant may sustain if either the quantity or character of electric service is changed or is no longer suitable for Tenant’s requirements, whether by reason of any requirement, act or omission of the public utility serving the Building or for any other reason.
Section 4.2. (A) As of the Commencement Date, electricity shall be furnished by Landlord LANDLORD, such increase to an electrical panel within be effective as of the Premises. Tenant shall pay date of any such installation.
(3) Whenever the Base Rent is to Landlord, as Additional Rent for such electrical service (including the electricity used to service any air-conditioning unit(s) providing air-conditioning exclusively be increased pursuant to the Premisesforegoing paragraph, whether or if LANDLORD and TENANT cannot part of the HVAC Ssytem)agree thereon, one hundred eight percent (108%), in each case of the amounts (the “Electricity Additional Rent”), as such amount shall be conclusively determined by an existing submeter (which submeter shall a reputable independent electrical engineer selected by LANDLORD and paid equally by both parties, and the cost to LANDLORD will be maintained, repaired included in LANDLORD's Operating Costs as provided in Section 4.2 hereof. The parties agree to execute and replaced by Tenant, at Tenant’s cost), at charges, terms and rates, applied deliver each to the monthly readings on other an amendment of this Lease confirming such submeterincrease.
5.1. 2Additional Building ServicesTo furnish, as set through LANDLORD's employees or independent contractors, reasonable additional Building services upon reasonable advance request of TENANT at equitable rates from time to time during established by LANDLORD to be paid by TENANT; Both parties acknowledge that the Term by Tenant will be using additional utilities and services to operate the public utility serving data center, including electricity, natural gas and HVAC. Tenant is responsible for costs associated with such additional utilities and services.
5.1. 3RepairsExcept as otherwise provided in Article VI, to make such repairs to the Buildingroof, exterior walls, floor slabs and common facilities of the Building as may be necessary to keep them in serviceable condition; and
5.1. 4Quiet EnjoymentThat LANDLORD has the right to make this Lease and that TENANT on paying the rent and performing its obligations hereunder shall peacefully and quietly have, hold and enjoy the Premises throughout the Term.
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