Common use of Electricity Clause in Contracts

Electricity. (a) (i) As of the Commencement Date, Landlord shall furnish electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rent.

Appears in 2 contracts

Samples: Lease (Surgiquest Inc), Lease (Surgiquest Inc)

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Electricity. (a) (i) As Landlord shall furnish electrical power up to 4.5 xxxxx per square foot demand load, at all times during the Term, exclusive of the Commencement DateBuilding’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish electrical service 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such quality and capacity in order to provide electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises with no fewer than five and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (5b) xxxxx per rentable square footLandlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Additional Rent, electric charges the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Inclusion AmountCost) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting), and equipment will not be in excess of five (5iii) xxxxx per rentable square foot of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of install, at Tenant’s actual expense, permanent Submeters to measure the electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of consumption within the Premises. If Landlord shall furnish a statement of Landlord’s determination installs permanent Submeters as permitted hereunder, Tenant shall, from time to the amount of the adjustment, and the same shall become binding upon the parties unless, time thereafter within thirty (30) daysdays after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant notifies Landlord that it disputes may install submeters to measure the amount of such adjustment, electrical usage within the Premises on single tenant floors in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. case Tenant shall permit said consultant to have access pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s electrical facilities equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord Common Areas and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentService Areas.

Appears in 2 contracts

Samples: Office Lease (Alkami Technology, Inc.), Office Lease (Alkami Technology, Inc.)

Electricity. (aA) Lessor, subject to the provisions of this Section 24, shall furnish electrical energy to or for the use of Lessee in the Premises in accordance with this Section 24. (B) Throughout the Term, Lessor shall redistribute electrical energy to the Premises during Building Hours upon the following terms and conditions: (i) As of the Commencement Date, Landlord shall furnish electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant Lessee shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of for such electrical energy as provided by this Section 24; (ii) Lessor will redistribute electricity to Lessee through presently installed electrical facilities for Lessee’s reasonable use of normal office equipment and such lighting, electrical appliances and equipment as Lessor may permit to be installed in the Premises Premises, all consistent with that wiring capacity that has been installed in the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption Premises; (iii) Lessee agrees that Tenant’s initial an independent electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount engineering consultant selected by Lessor shall from time to time make a survey of the electric power demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, said survey to be equitably adjusted to reflect the resulting increase in such useat Lessee’s expense. In addition, Landlord shall have Lessor reserves the right to conduct estimate Lessee’s electric consumption until such a periodic survey of Tenant’s actual electrical usage is made. The estimate will be based on One and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of 25/100 ($2.50 1.25) Dollars per rentable square feet foot per year of the Premisesrentable area of the Premises and Lessee agrees that the Annual Fixed Basic Rent, as defined on the Reference Page, has been increased to compensate Lessor for supplying Lessee with electric current by an estimated Electric Rent Inclusion Factor as defined on the Reference Page. Landlord The aforesaid survey shall furnish a statement take into account, among other things, any special electrical requirements of Landlord’s determination Lessee and use by Lessee of electrical energy at times other than during Building Hours on Business Days. The findings of such engineering consultant as to the amount of the adjustment, proper Electric Rent Inclusion Factor based on such average monthly electric consumption shall be conclusive and the same shall become binding upon the parties unlessand the amount thereof, within less the Electric Rent Inclusion Factor, if in excess of the Electric Rent Inclusion Factor, shall be added to the Annual Fixed Basic Rent which shall be payable in installments of Monthly Fixed Basic Rent, payable for each month from the Commencement Date or if the amount thereof shall be lower than the Electric Rent Inclusion Factor, the difference therein shall be subtracted from the Annual Fixed Basic Rent and the resulting sum shall be the revised Annual Fixed Basic Rent which shall be payable in installments of Monthly Fixed Basic Rent (except that if the amount of such rent increase or decrease shall not have been determined on the Commencement Date, then, upon such subsequent determination, Lessee shall pay or receive a credit, as the case may be, for the retroactive determination from the Commencement Date to the date of such determination); (iv) If the Electric Rates (as hereinafter defined) on which the initial determination of said consultant was based shall be increased or decreased, then the Annual Fixed Basic Rent shall be increased or decreased in the amount equal to the change in Lessor’s cost of supplying electrical current to the Premises resulting from such rate change, retroactive if necessary to the date of such increase or decrease in such Electric Rates. The Term Fixed Basic Rent, as defined on the Reference Page, shall be deemed modified accordingly by any of the aforesaid modifications. (C) Lessee shall make no alterations or additions to the electric equipment appliances without first obtaining written consent from Lessor in each instance. If Lessee installs additional or substituted electrical equipment or appliances or otherwise increases its use of current, then the Electric Rent Inclusion Factor shall be redetermined by Lessor’s electrical engineer or consultant, at Lessee’s expense, and such determination shall be conclusive and binding upon Lessor and Lessee. Lessee may at any time it believes any change in its electrical equipment or appliances or fixtures has reduced its electrical consumption request a resurvey of the Premises by Lessor’s electrical engineer or consultant, at Lessee’s expense. Any change in the Electric Rent Inclusion Factor resulting from a change in Lessee’s consumption shall be effective as of the date of such change, and the Term Fixed Basic Rent enumerated herein shall be deemed modified accordingly, retroactive if necessary. (D) Lessor shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the quantity or character of electrical energy available for redistribution to the Premises pursuant to this Section nor for any interruption in the supply, and Lessee agrees that such supply may be interrupted for inspection, repairs and replacement and in emergencies. In any event, the full measure of Lessor’s liability for any interruption in the supply due to Lessor’s acts or omissions shall be an abatement of Term Fixed Basic Rent and Additional Rent. In no event shall Lessor be liable for any business interruption suffered by Lessee. Lessee covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the Building or the risers or wiring installation. Any riser or risers to supply Lessee’s electrical requirements, upon written request of Lessee, shall be installed by Lessor, at the sole cost and expense of Lessee, if, in Lessor’s sole judgment, the same are necessary and will not cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Lessor shall also, at the sole cost and expense of Lessee, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. (E) Lessor reserves the right to terminate the redistribution of electricity to the Premises at any time, upon thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment’ written notice to Lessee, in which event the parties shall in good faith Lessee may make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access application directly to the Premises and Tenantutility company servicing the Building for Lessee’s electrical facilities for entire separate supply of electricity. Lessor, upon the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% expiration of the Additional Rentaforesaid thirty (30) day period, may discontinue furnishing the electric current, in which case the fee latter event Lessee’s Annual Fixed Basic Rent shall be paid decreased by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination charge for Electric Rent Inclusion Factor as of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rent.date

Appears in 2 contracts

Samples: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave Communications, Inc.)

Electricity. (a) (i) As of the Commencement Date, Landlord shall furnish electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rent, electric charges (Tenant’s Electricity Charge which amount is defined in Section 1.07 hereof for Tenant’s electricity consumption within the “Electrical Inclusion Amount”) on account Demised Premises for interior lighting and the use of Tenant’s consumption business equipment. This sum shall be payable to Landlord in advance on a monthly basis together with Base Rent and shall represent the cost of electrical energy in all electricity furnished to Tenant at the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is Demised Premises, other than for Building supplied heating and air-conditioning (which shall be provided on a rent inclusion basis), based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total on 5.5 xxxxx connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot of the Premises and that Tenant willDemised Premises, except for exclusive of the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays Building Systems (the Normal Business HoursElectric Capacity”). Accordingly, if Tenant’s The Landlord shall not be required to furnish electrical current for equipment whose electricity consumption exceeds such criteriathe Electric Capacity (including without limitation supplementary heating and air conditioning, if any). (b) If the Plans and Specifications anticipate extra electric usage based on either substantially greater needs than the Electric Capacity or regular usage beyond the Building business hours, and Landlord provides reasonable evidence substantiating the foregoing, the Electric Inclusion Amount amount charged to Tenant as set forth in Section 1.07 above shall be adjusted to reflect such additional usage. (c) Tenant’s Electricity Charge as set forth in Section 1.07 hereof may be adjusted when the rate charged the Landlord by the local electric company or provider is modified between the execution of this Lease and the Commencement Date and further adjusted from time to time be equitably adjusted to reflect changes in the resulting increase in such use. In additionrate charged the Landlord subsequent to the Commencement Date, provided that Landlord provides reasonable evidence substantiating the foregoing. (d) Subsequent to Tenant’s having taken occupancy and commenced use of the Demised Premises, Landlord shall have the right may cause a survey to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, made by an independent electrical consultant selected engineer or other qualified person of the estimated use of electricity in the Demised Premises (other than for the heating and air conditioning provided by LandlordLandlord as required herein, but including any supplemental HVAC systems installed for Tenant’s sole use within the Demised Premises provided the consumption for said supplemental HVAC is not being measured and billed to Tenant pursuant to a direct meter or sub-meter). The Tenant Electricity Charge set forth in Section 1.07 hereof shall be adjusted not more frequently than annually to reflect the outcome of this survey. Tenant shall permit said consultant to have access pay for the reasonable cost of such survey to the Premises and extent the survey, but not more than annually, results in an increase in the Tenant’s Electricity Charges. ​ (e) The Landlord, at its option and cost, may install an electric meter or sub-meter to measure the electricity actually consumed in all or a portion of the Demised Premises at any time, inclusive of any supplemental HVAC equipment installed for Tenant’s sole use (such as an air conditioning unit for Tenant’s computer equipment room). In such case, the Tenant shall pay for its electrical facilities usage based on metering or sub-metering to Landlord, as Additional Rent, on a monthly basis together with Rent, at the tariff applicable to Landlord, either (i) in lieu of the Tenant’s Electricity Charges if said metering or sub-metering measures Tenant’s electric consumption for all interior lighting and receptacle use of Tenant’s business equipment throughout the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that entire Demised Premises (excluding the Building heating and air conditioning), or (ii) in addition to Tenant’s Electricity Charges if said metering is to measure Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentany supplemental HVAC equipment.

Appears in 2 contracts

Samples: Lease Agreement (Agile Therapeutics Inc), Lease Agreement (Agile Therapeutics Inc)

Electricity. (a) (i) As of Landlord shall furnish electrical power for heating and air-conditioning services as described in subsection 5.1.2 and for lighting, including Tenant’s lighting and office equipment as described herein. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Commencement DatePremises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish electrical service 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by submeters (“Submeters”) at Tenant’s expense (which such expense shall not be duplicative of any Operating Expenses paid for by Tenant). The actual cost of such quality and capacity in order electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. The present rate for lighting outside of Normal Business Hours is $5.00 per hour, subject to provide adjustment from time to time by Landlord. In the event Tenant regularly conducts Tenant’s business outside of Normal Business Hours, Tenant shall also pay for the cost of electricity regularly consumed at the Premises for lighting used in the Premises outside of Normal Business Hours, and the cost shall be considered Excess Electrical Consumption. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms, including supplemental air, will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Furthermore, in the event more than one third (1/3) of the Premises Rentable Area is at any time improved with no fewer than five cubicles, the Tenant’s Improvements shall include the installation of a transformer and an electrical panel. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One (5b) xxxxx per rentable square footLandlord may, from time to time, engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and Submeters, (ii) Tenant shall pay to Landlord, as Additional Rent, electric charges the product of (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Inclusion AmountCost) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting), and equipment will not be in excess of five (5iii) xxxxx per rentable square foot of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of install, at Tenant’s actual expense, permanent Submeters to measure the electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of consumption within the Premises. If Landlord shall furnish a statement of Landlord’s determination installs permanent Submeters as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) dayspermitted hereunder, Tenant notifies Landlord that it disputes the amount of such adjustmentshall, in which event the parties shall in good faith make reasonable attempts from time to come to agreementtime thereafter within twenty (20) days after receiving an invoice from Landlord, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentSubmeters.

Appears in 2 contracts

Samples: Office Lease (FlexEnergy Green Solutions, Inc.), Office Lease (FlexEnergy Green Solutions, Inc.)

Electricity. (a1) (i) As of the Commencement Date, Landlord shall furnish electrical service Subject to the Premises provisions of such quality and capacity in order this Section 11(A), Sublandlord agrees to provide furnish, or cause the Premises Overlandlord to furnish, Subtenant with no fewer than five all electric current (5) including at least 6 xxxxx per rentable square foot) and such other utilities and building operating services as reasonably required by Subtenant in connection with the permitted use and occupancy of the Subleased Premises. Tenant There shall be a charge to Subtenant for such electric current which shall be Three dollars ($3.00) per square foot per annum for the Term (based upon 18,267 rentable square feet), which amount is presently included in the Fixed Rent; provided that Sublandlord reserves the right, at its option, to change the manner in which electricity is charged to Subtenant, (x) by survey, in which case Subtenant shall pay an amount equal to Landlordthe electric charges for the Subleased Premises suggested by such survey, or, (y) by submeter so long as Sublandlord shall pay the cost to install such submeter, and Sublandlord shall charge Subtenant the same rate that Sublandlord pays without a markup; provided, however, if, as a result of any material alteration or addition to Subtenant's electrical equipment and/or appliances in the Subleased Premises, the cost of furnishing electric service to the Subleased Premises shall be increased, Subtenant shall be required to pay for such increased cost (and notwithstanding the foregoing, Subtenant shall pay the reasonable cost of installation of such submeter), upon a presentation of reasonable proof of such increase to Subtenant. If Sublandlord shall elect to charge Subtenant by means of survey (conducted by an electrical engineer calculating relative usage and demand compared to that of a typical professional office tenant) or submeter as contemplated in the preceding sentence, then the Fixed Rent shall be reduced by an amount equal to Three dollars ($3.00) per square foot per annum (based upon 18,267 rentable square feet). (2) At all times during the term of this Sublease, Subtenant will comply in the Subleased Premises with all present and future rules, regulations, terms and conditions applicable to service equipment, wiring and requirements in accordance with the regulations of the public utility company supplying electric current to the Building. Subtenant shall not use any electrical equipment, which, in the reasonable discretion of Sublandlord or the discretion of the Overlandlord, will overload such installations or interfere with the use thereof by the other occupants of the Building. Subtenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the then existing feeders to the Subleased Premises or the risers or wiring installation, nor shall Subtenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Building would result in an overload of the electrical circuits servicing the Building. Nothing herein shall be deemed an assurance of the continued availability from the public utility company supplying electric current to the Building of sufficient current to the Subleased Premises or that the quantity or type of current is now or shall hereafter be adequate for Subtenant's needs. Sublandlord shall in no way be liable or responsible to Subtenant for any loss or damage or expense which Subtenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Subtenant's requirements, except if due to the negligent acts or omissions of Sublandlord. Subtenant shall furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Subleased Premises, at Subtenant's sole cost and expense (or upon request by Subtenant, Sublandlord will furnish, install and replace same at Subtenant's cost). All lighting tubes, lamps, bulbs and ballasts so installed shall become Sublandlord's property upon the expiration or sooner termination of this Sublease. (3) If any taxes or charges are or shall be imposed upon Sublandlord or its agent in connection with the sale or resale of electrical energy to Subtenant pursuant to this Section 11(A), Subtenant covenants and agrees that, where permitted by law, such taxes or charges allocable to the Subleased Premises shall be passed on to Subtenant and paid by Subtenant to Sublandlord or its agent upon demand, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25without set-off or deduction. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in Sublandlord shall deliver a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot copy of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding relevant tax xxxx upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, written request by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentSubtenant.

Appears in 1 contract

Samples: Sublease (Dial Global, Inc. /De/)

Electricity. (a) (i) As of the Commencement DateExcept as provided in this Section 10.23, Landlord shall furnish to Tenant, as an incident of this Lease, electric current for normal office equipment comprising a combined lighting and standard electrical service load not to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) exceed 6 xxxxx per rentable square foot. . (b) In the event that Landlord shall in its reasonable discretion determine that Tenant is at any time using or proposing to use equipment which is other than normal office equipment of the type described in subsection 10.23(a) or is, on a regular basis, using electric current during other than Normal Building Operating Hours, Landlord may at its option either (i) install at Tenant's expense or require Tenant to install separate electric metering for such equipment in which event Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish such separately metered electricity or (ii) reasonably and equitably charge to Tenant a statement of Landlord’s determination as fair increment specially allocable to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, Tenant's use in which event the parties shall in good faith make reasonable attempts increment charged to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant not be includable as an Operating Cost under Article III. Without limiting the foregoing, Landlord reserves the right, at Tenant's expense, to have access to submeter for electricity and/or chilled water any computer or other room(s) in the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rentusing or requiring special heating or cooling equipment, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute pay for all electricity and chilled water so submetered and subsequently billed by Landlord to Tenant from time to time. (c) If Tenant shall require electric current for use in the Premises in excess of the quantity to be furnished for such use as hereinabove provided 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 heating/air conditioning system or electrical system and additional cost to Landlord on account thereof then, as the case may be, (x) Landlord, upon written request and 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 current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage or injury to the Building or the Premises or cause a supplementary agreement dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs or interfere with or disturb other tenants or occupants of the Building, or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. (d) Tenant agrees that it will not make any material alteration or material addition to reflect such adjustmentthe electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which shall consent will not be effective from unreasonably withheld. (e) Notwithstanding the date provision of such adjustmentSection 10.23(a) through (d), in the event a separate meter or meters is (are) installed which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenantmeasure(s) is not executed and delivered. Pending the determination of the adjustmentelectric current, Tenant shall agrees to pay for all such electricity so metered and subsequently billed. An amount equal to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentseventy-five cents ($.

Appears in 1 contract

Samples: Lease Agreement (Lincoln National Corp)

Electricity. During the course of this Lease, from time to time, however not more than once per year, Tenant's consumption of electricity shall be computed by an independent electrical engineer or consultant retained by Landlord, after surveying Tenant's electrical equipment (aincluding lights) (i) As of and the use thereof. Until such time as such survey is performed, if at all, or until Tenant decides to purchase electricity directly from the utility company, if at all, Tenant shall pay Landlord, beginning on the Commencement Date, Landlord shall furnish electrical service to for the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy electricity consumed in the Premises at the sum of $101,355.00 per annum payable rate described in equal monthly installments of $8,446.25the preamble. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot Upon completion of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determinedsurvey, Landlord and Tenant shall execute a supplementary agreement promptly and retroactively adjust this amount, depending upon the results of such survey. In the event that the electric rates charged to reflect Landlord are increased, the Electricity Charge shall be increased as determined by the applicable public utility rate schedule in effect after such adjustmentincrease, as applied to Tenant's consumption as set forth herein. Tenant shall immediately notify Landlord of any additional equipment placed within the Premises, or change in use, which would in any manner increase Tenant's use of electricity. Landlord shall be effective from the date of such adjustmentthen conduct a new survey, which agreement shall be reasonably acceptable at Tenant's expense, to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in ascertain the amount of the overpaymentincreased usage. Tenant, solely at its own expense, may arrange for a second survey of its electric usage. In the event that Owner and Tenant do not agree on the results of said credit second survey, the matter shall be submitted to an independent electrical engineer or consultant chosen by the engineers who conducted the initial survey (arranged by Landlord) and the second survey (arranged by Tenant), whose determination shall be applied against final. The cost of such third survey shall be shared equally by Landlord and Tenant. Tenant covenants and agrees that at all times its use of electrical current shall not exceed the next accruing installment(s) capacity of Additional Rentexisting feeders to the building or the risers, conduits, or wiring installed in the building, and Tenant shall not use any electrical equipment which, in Landlord's opinion reasonably exercised, will overload such installations or interfere with the use thereof by other tenants of the building. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility company servicing the building or for any other reason, unless such failure in electric service is caused by the negligent or intentional act or omission of Owner or any of its employees agents, servants or contractors. Electrical energy consumed by Tenant in the Premises may be separately metered and purchased by Tenant directly from the utility company supplying electricity to the building, at Tenant's option and cost, subject to Landlord's consent regarding the performance of any improvements required to effectuate such separate metering.

Appears in 1 contract

Samples: Lease (North American Integrated Marketing Inc)

Electricity. (a) (i) As Sublessee agrees that an independent electrical engineering consultant shall make survey of the Commencement Dateelectric power demand of the electric lighting fixtures and the electric equipment of Sublessee used in the Subleased Premises to determine the average monthly electric consumption thereof. Once the consultant has submitted its report, Landlord shall furnish electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant Sublessee shall pay to LandlordSublessor, within ten (10) days thereafter, the amount determined by said consultant as Additional Rent, electric charges (owing from the “Electrical Inclusion Amount”) on account Commencement Date of Tenant’s consumption of electrical energy in this Sublease to the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lightingthen current month, and equipment will not thereafter, on the first day of every month, in advance, the Sublessee shall pay the amount set forth as the monthly consumption in said report. Proportionate sums shall be in excess payable for periods of five (5) xxxxx per rentable square foot less than a full month if the Commencement Date commences on any day other than the first of the Premises month. Notwithstanding the above, should Sublessee dispute the determination made by Sublessor's independent electrical engineering consultant, then the Sublessee shall be free to, at the Sublessee's sole cost and that Tenant willexpense, except for employ the purpose services of office cleaning, use a qualified independent electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount engineering consultant who shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual Sublessee's electric lighting fixtures and electrical usage and increase equipment to determine the Electric Inclusion Amount if average monthly electric consumption utilized by Sublessee. If the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, Sublessor's consultant and the same Sublessee's consultant cannot agree on the Sublessee's average monthly electric consumption, a mutually agreeable electrical engineering consultant shall become binding upon the parties unless, be selected by Sublessor and Sublessee within thirty (30) daysdays thereafter, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, andor, if Landlord and Tenant cannot they cannot- so agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical engineering consultant selected by Landlordacceptable to both whose decision shall be final and binding, then either party may request the American Arbitration Association in Somerset, New Jersey to appoint such independent electrical engineering consultant whose decision shall be final and binding upon the parties. Tenant The parties shall permit said consultant to have access share equally in the cost of any such consultant. In the event that there shall he an increase or decrease in the rate schedule (including surcharges or demand adjustments) of the public utility for the supply of electricity to the Premises and Tenant’s electrical facilities for Subleased Premises, or the foregoing purpose at all reasonable times. The fee imposition of any tax with respect to such consultant service or increase in any such tax following the Commencement Date of this Sublease, the rate shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an adjusted equitably to reflect the increase greater than 2.5% of or decrease in rate or imposition or increase in the Additional Rent, in which case the fee aforesaid tax. All computations shall be paid by Landlord. When made on the amount basis of Sublessee's surveyed usage as if a meter measuring such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement usage to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (Subleased Premises exclusively was in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentplace.

Appears in 1 contract

Samples: Sublease Agreement (Boron Lepore & Associates Inc)

Electricity. (a) Landlord shall furnish electricity to the Leased Premises during the Lease Term as follows: (i1) As of up to 2.25 xxxxx per Rentable Square Foot in the Commencement DateLeased Premises at 277 volts for lighting; and (2) up to 5.0 xxxxx per Rentable Square Foot in the Leased Premises at 120 volts for standard office machines. If Tenant wants to use any office equipment or lighting that will cause Tenant's electricity requirements to exceed the levels specified above or that will generate excess heat, Tenant must give Landlord prior notice specifying Tenant's excess electricity requirements and the specific equipment or lighting that generates excess heat. If the excess electricity requirements can be supplied without, in Landlord's reasonable opinion, overloading the existing Buildings systems, or if the additional equipment necessary to supply Tenant's excess electricity requirements can be installed without, in Landlord's reasonable opinion, creating a dangerous condition in the Building, Landlord shall furnish supply Tenant's excess electricity requirements and Tenant shall pay Landlord the actual cost of supplying the excess electricity requirements, including all installation costs, as additional Rent. Tenant acknowledges that Landlord will take into account in making its decision about providing additional electrical service capacity to the Premises of such quality and capacity in order Tenant Landlord's need to provide electrical capacity to existing and prospective (for vacant space in the Premises with no fewer than five (5Project) xxxxx per rentable square foottenants. If Landlord and Tenant differ over whether Landlord is being reasonable in responding to a request by Tenant for additional electrical capacity, Landlord will submit the dispute to Landlord's MEP engineer, whose determination will be binding on Landlord and Tenant. Tenant shall pay to LandlordLandlord as additional Rent 50% of the fees and costs charged by the MEP engineer for resolving the dispute. (b) If Tenant's electricity use exceeds the limits specified in Paragraph 6(a), Landlord may, at its sole option, install separate submeter(s) for all or any part of the Leased Premises, and Tenant shall pay Landlord as Additional Rent, electric charges additional Rent the installation cost and the cost of the electricity in excess of the limits specified in Paragraph 6(a). (c) If Tenant's electricity use exceeds the “Electrical Inclusion Amount”limits specified in Paragraph 6(a) on account or any of Tenant’s consumption of electrical energy 's equipment or lighting generates excess heat, Landlord may also, at its sole option and without any obligation to do so, install supplemental air conditioning units in the Leased Premises to offset the sum heat-generating effect of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for 's excess electricity usage and Tenant's equipment or lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot of Tenant shall pay Landlord the Premises installation cost and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet operation (including electricity), use, repair, and replacement of the Premisessupplemental air conditioning units as additional Rent (d) The obligation of Landlord to furnish electricity is subject to the rules and regulations of the supplier of electricity and of any municipal or other governmental authority regulating the business of providing electricity. Landlord shall furnish a statement Parties are not liable to any Tenant Party for any failure or defect in the supply or character of Landlord’s determination as electricity furnished to the amount Leased Premises due to any requirement, act, or omission of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access entity supplying electricity to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement Project. (in form reasonably approved by Tenante) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord as additional Rent, without any setoff or deduction except as specified in this Lease, Tenant's pro rata share of all electricity charges incurred in the amount use, occupancy, and operation of such the North and East Towers of the Project (the Buildings) and all related improvements and appurtenances, including the perimeter lights and equipment associated with the Buildings and the exterior Common Areas and the exterior perimeter lights for the remainder of Project. Tenant's pro rata share of all electricity charges incurred in the Buildings and related improvements and appurtenances (including electricity used for heating and air conditioning) is determined by multiplying (1) the Total Electricity Costs for the Buildings net of Submetered Power (defined below) and after-hours HVAC charges paid by tenants in the Buildings by (2) a fraction whose numerator is the number of Rentable Square Feet in the Leased Premises (subject to adjustment as specified in Exhibit J) and --------- whose denominator is 835,044 Rentable Square Feet (the total rentable area of the Buildings). (f) The term Total Electricity Costs for the Buildings means the total electricity cost charged to Landlord by the electricity provider, including taxes, but shall not include any administrative fee or charge or other cost by Landlord’s statement, subject to Paragraph 6(j). Thereafter, if it The term Submetered Power means all electricity in excess of the limits specified in Paragraph 6(a) that is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent separately submetered by Landlord and billed to tenants in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentBuildings.

Appears in 1 contract

Samples: Office Lease (Data Return Corp)

Electricity. Landlord shall have the right, exercisable at its sole option to furnish and supply to Tenant electricity for Tenant's reasonable use for lighting, heating, air-conditioning and/or ventilating the Premises and operating therein such other electrical appliances and equipment as may be reasonably necessary for the operation of Tenant's business (a) hereinafter referred to as "Tenant's energy use"). The following terms and conditions shall govern the distribution of electricity by Landlord to Tenant for Tenant's energy use. (i) As of the Commencement Date, Landlord shall furnish electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of Landlord an "annual energy charge" for such electrical service. The annual energy charge shall be determined and paid in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five following manner: (51) xxxxx per rentable square foot of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount Landlord shall select from time to time be equitably adjusted a consultant ("Consultant") to reflect provide annual estimates of Tenant's energy use. Tenant shall make the resulting increase in such usePremises available to Consultant from time to time during normal business hours to permit Consultant to make an energy survey of the Premises. In addition, Landlord Tenant shall have supply Landlord, within fifteen (15) days after receipt of written request therefor, with all information which may be reasonably necessary for Consultant to estimate Tenant's energy use, including without limitation: (a) plans and specifications for the right electrical systems within the Premises (including "as built" drawings); (b) specifications for all electrical equipment and appliances to conduct a periodic survey be operated within the demised premises; and (c) reasonable estimates of the hours such equipment shall be used. Consultant, in preparing the energy estimate, shall consider the information submitted by Tenant, the days and hours of operation of Tenant’s actual electrical usage 's business and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet any other factors which Consultant may deem relevant. Consultant shall provide copies of the Premisesenergy estimate to both Landlord and Tenant. Consultant's energy estimate shall be binding upon both Landlord and Tenant. (2) Based upon the energy estimate described in subsection (b)(i) above, Consultant shall furnish a statement determine Tenant's "annual energy charge" for the electricity to be furnished by Landlord. It is the intent of Landlord’s determination as to the Landlord that the amount of the adjustmentannual energy charge shall neither exceed nor be less than the total charges (including fuel adjustments and all applicable taxes) which Tenant would be obligated to pay the electrical utility company then providing service to the Business Center for such electrical service if the electrical service was provided by such utility company. (3) Tenant shall pay the annual energy charge in twelve (12) equal installments, and each of which shall be paid in advance on or before the same shall become binding upon first (1st) day of each month. (4) Not later than sixty (60) days after the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount end of such adjustmentcalendar year, Landlord or Landlord's Consultant shall compute the adjustments if any, for Tenant's energy use during the preceding calendar year. Such adjustment shall be based upon factors which have caused Tenant's energy use or the costs therefor to vary from the energy estimates including without limitation: any revision of rates charged by the local utility company during such year; any revision due to a tax increase by state or local governments; any change in energy use by Tenant; any permitted change in the use of the Premises which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the affects Tenant's energy use; any adjustments required as a result of Tenant's actual operating experience or seasonal requirements. The amount of such adjustment shall be determinedadded to or subtracted from, based on standard practicesas the case may be, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee 's next succeeding monthly payment of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rent's energy charge.

Appears in 1 contract

Samples: Deed of Lease (Ciao Cucina Corp)

Electricity. Sublandlord hereby represents that Main Landlord is obligated under the Main Lease to furnish to the Subleased Premises alternating electric current in an amount equal to six (a6) xxxxx actual demand load per gross square foot (i) As based on the floor of the Commencement DateSubleased Premises containing 26,000 gross square feet). Subtenant shall pay for all electricity consumed at the Subleased Premises, which shall be measured by submeters. In accordance with the Main Lease, Main Landlord shall furnish electrical service install such submeters and maintain same in good working order and repair. Subtenant shall pay Sublandlord within ten (10) days after Subtenant’s receipt of an invoice for the electricity consumed at the Subleased Premises, as shown on such submeter. Subtenant shall comply with all other obligations with respect to electricity set forth in Article 7 of the Main Lease, as described in Exhibit 7 attached hereto. Main Landlord and its agents shall, upon prior reasonable notice (except in the event of an emergency), be permitted access to the Premises of such quality electric closets and capacity in order the meters during normal Business Hours to provide maintain and repair the Premises with no fewer than five (5) xxxxx per rentable square footsame and make necessary readings thereof. Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of TenantSubtenant’s consumption use of electrical energy in shall never exceed the electrical capacity of the then existing feeders to the Building or the then existing risers or wiring installation serving the Subleased Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon without Main Landlord’s assumption that Tenantand Sublandlord’s initial prior written approval. Main Landlord, its agents and engineers and consultants may survey Subtenant’s electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time during Business Hours upon reasonable prior notice (except during an emergency, in which event no prior notice shall be equitably adjusted required), at Main Landlord’s expense, to reflect determine whether Subtenant is complying with its obligations under this Section unless such survey shows that Subtenant has exceeded its permitted Electrical Capacity hereunder, in which event Subtenant shall be responsible for all reasonable out-of-pocket costs and expenses incurred by Main Landlord in connection therewith. Except as otherwise provided in Section 2(b) of this Sublease, neither Main Landlord nor Sublandlord shall have any liability to Subtenant for any loss, damage or expense which Subtenant may sustain or incur by reason of any change, failure, inadequacy or defect in the resulting increase in such usesupply or character of the electrical energy furnished to the Subleased Premises or if the quantity or character of the electrical energy is no longer available or suitable for Subtenant’s requirements. In additionSubtenant hereby acknowledges that under the Main Lease, and without liability to Subtenant for any loss, damage or expense that Subtenant may sustain thereby, Main Landlord or any Condominium Board shall have the right on not less than ten (10) Business Days’ prior notice to conduct a periodic survey Sublandlord (except that in the event of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustmentan emergency, in which event no prior notice shall be required) to “shut down” electrical energy to the parties shall in good faith make reasonable attempts Subleased Premises when necessitated by the need for repairs, alterations, connections or reconnections, with respect to come to agreement, and, if Landlord and Tenant cannot agree thereonthe electrical system serving the Building, the amount Unit and/or the Common Elements (singularly or collectively, “Electrical Work”), regardless of whether the need for such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% Electrical Work arises in respect of the Additional RentSubleased Premises, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determinedany other tenant space, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent or any space in the amount Building, the Unit, the Common Elements and/or the Building common areas. Subtenant may, at Subtenant’s option, furnish and install all replacement lighting, tubes, lamps, starters, bulbs and ballasts required in the Subleased Premises at Subtenant’s sole cost and expense using Subtenant’s employees (but not any outside contractor) provided such lighting complies with the Design Guidelines under the Main Lease (a copy of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentwhich is attached hereto as Exhibit “J”).

Appears in 1 contract

Samples: Sublease (Datadog, Inc.)

Electricity. (a) (i) As of Landlord, subject to payment by Tenant as specified below, shall furnish electricity as follows: - up to 2 xxxxx per Rentable Square Foot in the Commencement DateLeased Premises at 277 volts for lighting; and - up to 1.25 xxxxx per Rentable Square Foot in the Leased Premises at 120 volts for office machines. If Tenant wants to use any office equipment or lighting that will cause Tenant's electricity requirements to exceed the specified levels or that will generate, excess heat, Tenant must give Landlord prior notice specifying Tenant's excess electricity requirements and the specific equipment that generates excess heat. If the excess electricity requirements can be supplied without, in Landlord's sole opinion, overloading the existing Building systems, or if the additional equipment necessary to supply Tenant's excess electricity requirements can be installed without, in Landlord's sole opinion, creating a dangerous condition in the Building, Landlord shall supply Tenant's excess electricity requirements and Tenant shall pay Landlord the cost of supplying the excess electricity requirements, including all installation costs, on demand as additional Rent. (b) If Tenant's electricity use exceeds the specified limits, Landlord may, at its sole option, either: - install separate submeter(s) for all or any part of the Leased Premises and Tenant shall pay Landlord the installation cost and the cost of the excess electricity as metered on demand as additional Rent; or - if Landlord does not elect to install separate submeter(s), cause Landlord's engineer to determine the amount of excess electricity to be allocated to Tenant based on the power requirements of the equipment or lighting and Tenant shall pay Landlord the cost of the excess electricity as reasonably determined by Landlord's engineer on demand as additional Rent. (c) If Tenant's electricity use exceeds the specified limits or any of Tenant's equipment generates excess heat, Landlord may also, at its sole option and without any obligation to do so, install supplemental air conditioning units in the Leased Premises to offset the heat-generating effect of Tenant's excess electricity usage and Tenant's equipment and Tenant shall pay Landlord the installation cost and the cost of operation, use, repair, and replacement of the supplemental air conditioning units on demand as additional Rent. (d) The obligation of Landlord to furnish electrical service electricity is subject to the rules and regulations of the supplier of electricity and of any municipal or other governmental authority regulating the business of providing electricity. Landlord is not liable to any Tenant Party for any failure or defect in the supply or character of electricity furnished to the Leased Premises due to any requirement, act, or omission of such quality and capacity in order the entity supplying electricity to provide the Premises with no fewer than five Project. (5e) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rentwithout any set off or deduction, electric charges beginning on the Commencement Date, Tenant's Proportionate Share of Total Electricity Costs for the Project (the “Electrical Inclusion Amount”defined below) on account of Tenant’s consumption of electrical energy incurred in the Premises use, occupancy, and operation of the sum Project and all related improvements and appurtenances, including electricity used for heating and air-conditioning and perimeter lighting for the Project, net of $101,355.00 per annum payable in equal monthly installments Submetered Power (defined below). (f) The term TOTAL ELECTRICITY COSTS FOR THE PROJECT means the total electricity cost charged to Landlord by the entity supplying electricity to the Building, and the Building's share of $8,446.25electricity costs charged for other portions of the Project, including taxes, but may not include any administrative fee or charge by Landlord. The Electric Inclusion Amount term SUBMETERED POWER means all supplemental electricity that is separately submetered by Landlord and paid by tenants in the Building or that is separately tracked and calculated by Landlord's engineer and paid by tenants in the Building. (g) If Landlord at any time elects to install submeters measuring electricity used in the Building or the Leased Premises, which may include submeters measuring electricity used for heating and cooling the Building or Leased Premises, then Tenant's Proportionate Share of those actual costs will be based upon Landlord’s assumption on actual use as measured by the submeters, but, with any areas sharing a submeter being prorated on the basis that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot the area of the Leased Premises and that Tenant will, except for bears to the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays total area covered by the submeters. (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, h) Landlord shall have the right to conduct a periodic survey xxxx Tenant for Tenant's electricity charges under this Paragraph monthly and Tenant shall pay its electricity charges within 10 business days after receipt of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premiseseach xxxx. Landlord shall furnish a statement of Landlord’s determination as to xxxx Tenant for Tenant's electricity charge for the amount last full or partial month of the adjustment, and Lease Term as soon as practicable after the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount termination or expiration of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord this Lease and Tenant shall execute a supplementary agreement pay the xxxx within 10 business days after receipt. Tenant's obligation to reflect such adjustment, which shall be effective from pay the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending xxxx survives the determination termination or expiration of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentLease.

Appears in 1 contract

Samples: Office Lease (Penson Worldwide Inc)

Electricity. (a) (i) As of the Commencement Date, Landlord shall furnish electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. 4.01 Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises its electricity charge hereunder the sum of $101,355.00 16,269.50 per annum (the “Base Charge”) which shall be payable in equal monthly installments of $8,446.251,355.79 together with the Tenant’s payments of fixed annual rent hereunder on the first day of each calendar month. The Electric Inclusion Amount is based upon In the event Landlord’s assumption consultant shall determine that Tenant’s initial electricity charge should exceed the Base Charge, Tenant’s Base Charge shall be adjusted retroactively at such time as Landlord’s electrical installation will consultant’s determination is made. 4.02 Tenant’s use of electric current in the Demised Premises shall not result in a total connected at any time exceed the capacity of any of the electrical load for lighting, conductors and equipment will not be in excess of five (5) xxxxx per rentable square foot of or otherwise serving the Premises and Demised Premises. 4.03 Intentionally deleted prior to execution. 4.04 In the event Landlord’s consultant shall determine that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds charge should exceed the Base Charge, Tenant’s Base Charge shall be adjusted by providing Tenant at least 30 days prior written notice of such criteria, adjustment and the Electric Inclusion Amount reasoning for such adjustment. Tenant shall permit Landlord’s electrical consultant to make surveys in the Demised Premises from time to time during normal business hours regarding the electrical equipment and fixtures and the use of electric current therein. 4.05 Any determination made by Landlord’s electrical consultant pursuant to or in connection with this Lease shall be equitably adjusted to reflect the resulting increase in binding and conclusive on Landlord and on Tenant unless Tenant disputes such usedetermination as hereinafter provided. In addition, Landlord Tenant shall have the right to conduct give a periodic survey notice (the “Dispute Notice”) to Landlord, within fifteen (15) days after the date it is notified of any determination by Landlord’s electrical consultant, that (i) Tenant has engaged its own electrical consultant (“Tenant’s actual electrical usage and increase consultant”) to verify the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement determination of Landlord’s determination as to the amount of the adjustment, electrical consultant. If Tenant’s electrical consultant and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant Landlord’s electrical consultant cannot agree thereonwithin five (5) days after the Dispute Notice, if any, is given on what an appropriate resolution of their dispute should be, then either party, upon notice to the other, may submit the issue to arbitration in accordance with the provisions of Article 34 of this Lease, the reasonable cost of any such arbitration (but not the fees and expenses of Landlord’s attorneys) to be borne solely by Tenant in the event such dispute relates to a determination with respect to electricity provided to a portion of the Building other than the Demised Premises. While such dispute is being resolved, Tenant shall pay such charges and payments as would be due hereunder if Landlord’s electrical consultant’s determination were correct without prejudice to Tenant’s position. In the event it is finally determined that there has been an overpayment by Tenant, such overpayment shall be credited against future rent payments due from Tenant under the Lease and in the event of an underpayment, the amount of such adjustment shall be determined, based on standard practices, underpayment by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless to Landlord within ten (10) days after such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of determination is made. If the Additional Rent, in which case the fee shall be paid by Landlord. When the full amount of any overpayment cannot be credited against future rents for any reason, to the extent such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) overpayment is not executed and delivered. Pending the determination of the adjustmentcredited, landlord will pay Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentdirectly.

Appears in 1 contract

Samples: Lease Agreement (Dipexium Pharmaceuticals, Inc.)

Electricity. (a) (i) As of the Commencement DateA. Landlord, Landlord at Landlord's expense, shall furnish electrical energy required for lighting, electrical facilities, equipment, machinery, fixtures, and appliances used in or for the benefit of the Premises, in accordance with the provisions of the Lease of which this Exhibit is part. B. Tenant shall not, without prior written notice to Landlord in each instance, connect to the Building electric distribution system any fixtures, appliances or equipment other than normal office machines such as personal computers, desk-top calculators and typewriters, or any fixtures, appliances or equipment which Tenant on a regular basis operates beyond normal building operating hours. In the event of any such connection, Xxxxxx agrees to an increase in the ANNUAL ESTIMATED ELECTRICAL COST TO THE PREMISES and a corresponding increase in Annual Rent by an amount which will reflect the cost to Landlord of the additional electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant shall pay to be furnished by Landlord, such increase to be effective as Additional Rentof the date of any such installation. If Landlord and Xxxxxx cannot agree thereon, electric charges (such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the “Electrical Inclusion Amount”) on account of Tenant’s consumption cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof. X. Xxxxxx's use of electrical energy in the Premises shall not at any time exceed the sum capacity of $101,355.00 per annum payable any of the electrical conductors or equipment in equal monthly installments of $8,446.25or otherwise serving the Premises. The Electric Inclusion Amount In order to insure that such capacity is based not exceeded and to avert possible adverse effect upon Landlord’s assumption that Tenant’s initial electrical installation will not result the Building electric service, Tenant shall not, without prior written notice to Landlord in each instance, connect to the Building electric distribution system any fixtures, appliances or equipment which operate on a total connected electrical load for lighting, and equipment will not be voltage in excess of five (5) xxxxx per rentable square foot of 120 volts nominal or make any alteration or addition to the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet electric system of the Premises. Unless Landlord shall furnish a statement of Landlord’s determination as reasonably object to the amount connection of the adjustmentany such fixtures, appliances or equipment, all additional risers or other equipment required therefor shall be provided by Landlord, and the same cost thereof shall become binding be paid by Tenant upon Xxxxxxxx's demand. In the parties unlessevent of any such connection, within thirty (30) days, Tenant notifies Landlord that it disputes Xxxxxx agrees to an increase in the amount ANNUAL ESTIMATED ELECTRICAL COST TO THE PREMISES such increase to be effective as of the date of any such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if connection. If Landlord and Tenant Xxxxxx cannot agree thereon, the such amount of such adjustment shall be determinedconclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, based on standard practicesand the cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof. D. If at any time after the date of this Lease, the rates at which Landlord purchases electrical energy from the public utility supplying electric service to the Building, or any charges incurred or taxes payable by Landlord in connection therewith, shall be increased or decreased, the ANNUAL ESTIMATED ELECTRICAL COST TO THE PREMISES shall be increased or decreased, as the case may be, by an amount equal to the estimated increase or decrease, as the case may be, in Landlord's cost of furnishing the electricity referred to in Paragraph A above as a result of such increase or decrease in rates, charges, or taxes. If Landlord and Xxxxxx cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical consultant engineer or consulting firm to be selected by Xxxxxxxx and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs as provided in Section 4.2 hereof. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of Any such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which or decrease shall be effective from as of the date of the increase or decrease in such adjustmentrate, charge or taxes. X. Xxxxxxxx may, at any time, elect to discontinue the furnishing of electrical energy. In the event of any such election by Landlord: (1) Landlord agrees to give reasonable advance notice of any such discontinuance to Tenant (which agreement notice shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement no less than ninety (90) days in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rent.advance);

Appears in 1 contract

Samples: Lease Agreement (Idenix Pharmaceuticals Inc)

Electricity. (a) (i) As of the Commencement DateExcept as provided in this Section 10.23, Landlord shall furnish to Tenant, as an incident of this Lease, electric current for normal office equipment comprising a combined lighting and standard electrical service load not to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx exceed 6 wxxxx per rentable square foot. . (b) In the event that Landlord shall in its reasonable discretion determine that Tenant is at any time using or proposing to use equipment which is other than normal office equipment of the type described in subsection 10.23(a) or is, on a regular basis, using electric current during other than Normal Building Operating Hours, Landlord may at its option either (i) install at Tenant's expense or require Tenant to install separate electric metering for such equipment in which event Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish such separately metered electricity or (ii) reasonably and equitably charge to Tenant a statement of Landlord’s determination as fair increment specially allocable to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, Tenant's use in which event the parties shall in good faith make reasonable attempts increment charged to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant not be includable as an Operating Cost under Article III. Without limiting the foregoing, Landlord reserves the right, at Tenant's expense, to have access to submeter for electricity and/or chilled water any computer or other room(s) in the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rentusing or requiring special heating or cooling equipment, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute pay for all electricity and chilled water so submetered and subsequently billed by Landlord to Tenant from time to time. (c) If Tenant shall require electric current for use in the Premises in excess of the quantity to be furnished for such use as hereinabove provided 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 heating/air conditioning system or electrical system and additional cost to Landlord on account thereof then, as the case may be, (x) Landlord, upon written request and 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 current therefor be available to Landlord, provided that the same shall be permitted by applicable laws and insurance regulations and shall not cause damage or injury to the Building or the Premises or cause a supplementary agreement dangerous or hazardous condition or entail excessive or unreasonable alterations or repairs or interfere with or disturb other tenants or occupants of the Building, or (y) Tenant shall reimburse Landlord for such additional cost, as aforesaid. (d) Tenant agrees that it will not make any material alteration or material addition to reflect such adjustmentthe electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instance first obtained, which shall consent will not be effective from unreasonably withheld. (e) Notwithstanding the date provision of such adjustmentSection 10.23(a) through (d), in the event a separate meter or meters is (are) installed which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenantmeasure(s) is not executed and delivered. Pending the determination of the adjustmentelectric current, Tenant shall agrees to pay for all such electricity so metered and subsequently billed. An amount equal to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentseventy-five cents ($.

Appears in 1 contract

Samples: Lease Agreement (Lincoln National Corp)

Electricity. (a) (i) As Section 12.01. Electric current shall be supplied by Landlord to Tenant as herein provided. Base Rent includes a charge for consumption of electricity for the Commencement Date, Landlord shall furnish electrical service Building standard 277-volt lighting fixtures installed in the Premises and for normal small office machines and fixtures connected to the Premises Building standard 110-volt, single phase outlets, 24 hours per day. Tenant shall pay as Additional Rent, and on a monthly basis, for the consumption of such quality and capacity electricity used in order to provide the Premises with no fewer than for a total connected load in excess of a total of five (5) xxxxx per rentable square footfoot of Rentable Area of the Premises at a rate computed on Landlord’s average cost per kilowatt hour. Tenant Such average cost shall pay to Landlord, as Additional Rent, electric charges (be determined by dividing the “Electrical Inclusion Amount”) on account total kilowatt hours used in the Building into the total cost of Tenantthe utility company’s consumption electricity invoices for the Building. The amount of electrical energy consumption in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in for a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot of the Premises shall be determined by Landlord’s reasonable estimate, or if requested by Tenant, by an engineering analysis and/or study by a consultant retained by Landlord and that Tenant willTenant, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. such study to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if be at Tenant’s electricity consumption exceeds such criteriasole cost. For computer floors, the Electric Inclusion Amount supplemental HVAC and other special installations, additional electrical usage shall from time be determined by measurement by electric meters to time be equitably adjusted to reflect the resulting increase in such use. In addition, installed as required by Landlord shall have the right to conduct a periodic survey of at Tenant’s actual sole cost. If Tenant requires electrical usage current beyond five (5) xxxxx per square foot, Tenant shall pay for such consumption as Additional Rent, based on the above method of calculating cost. Charges for excess electrical consumption shall be billed and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage paid as Additional Rent. Section 12.02. Tenant shall pay as Additional Rent, within ten (10) days of electricity exceeds being billed therefor, the cost of $2.50 per rentable square feet all replacement lamps, bulbs, starters and ballasts used in the Premises, together with the charge for installation thereof. Section 12.03. Tenant covenants and agrees that at all times its use of electric current shall not exceed Tenant’s proportionate share of the Premisescapacity of existing feeders to the Building or the risers or wiring installation. Landlord shall furnish a statement Any riser or risers or wiring to meet Tenant’s excess electrical requirements, upon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant if, in Landlord’s determination as sole judgment, the same are necessary and will not cause permanent damage or injury to the amount Building or Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. Section 12.04. Tenant shall make no alterations or additions to the electric equipment or installation without the prior written consent of the adjustmentLandlord in each instance, and all work shall be done by Landlord at Tenant’s expense in accordance with plans and specifications of Tenant to be submitted and approved by Landlord. Section 12.05. If, at any time when Landlord is furnishing electric current to the same shall become binding Premises, it becomes illegal for Landlord to continue to do so, Landlord may, upon the parties unless, within not less than thirty (30) days’ prior written notice to Tenant, Tenant notifies Landlord that it disputes discontinue the amount furnishing of such adjustmentelectric current. If Landlord gives any such notice of discontinuance, in which event Landlord shall make all the parties shall in good faith make reasonable attempts necessary arrangements with a public utility to come furnish such electric current to agreementthe Premises, and, if Landlord and but Tenant cannot agree thereon, will contract directly with such public utility for the amount supplying of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access electric current to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentPremises.

Appears in 1 contract

Samples: Lease Agreement (Ariba Inc)

Electricity. (a) (i) As of That the Commencement Date, Landlord shall furnish electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant Lessee shall pay to Landlord, the Lessor as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy additional rent for all electricity consumed in the Leased Premises (subject to the proviso stated below) in each year during the Term hereof a sum equal to N/A per square foot multiplied by the gross area of $101,355.00 per annum payable the Leased Premises, in equal monthly installments on the first day of $8,446.25each month during each year, the first such installment to be due and payable on the date on which the first installment of annual basic rent falls due under Article 3 hereof. The Electric Inclusion Amount monthly sum payable hereunder is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in $N/A for a total connected electrical load for lighting, and equipment will not be in excess Gross Area of five (5) xxxxx N/A square feet. Said charge per rentable square foot of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall monthly payment may be increased from time to time be equitably adjusted by the Lessor to reflect the resulting any increase in the cost to the Lessor of electric light and power and upon notification the Lessee shall pay such new increased charge and monthly payment. (b) The Lessor may from time to time determine the Lessee’s electrical consumption in the Leased Premises upon whatever reasonable basis may be selected by it, including without limitation, the metering of electricity either to the Leased Premised or to special equipment therein or by estimating the consumption of the Leased Premises or any special equipment therein having regard to electrical capacity and hours of use. In additionIf the Lessor determines that the Lessee’s electrical consumption is disproportionate to the electrical consumption of other tenants in the Building, Landlord shall have the right Lessor may require the Lessee to conduct install at the Lessee’s expense a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet domestic meter for measurement or checking of the PremisesLessee’s electrical consumption or any part of such consumption or use; and in that event, in addition to the charge per square foot required to be paid to the Lessor, the Lessee shall pay directly to the supplier of the electricity as and when due from time to time any and all electrical charges for such electrical consumption which is disproportionate as aforesaid and which the Lessor has required to be metered. Landlord shall furnish a statement of LandlordThe Lessor’s determination as to shall be verified by an engineer selected by the amount Lessor (who may be an employee of the adjustment, Lessor) and the same being so verified shall become be binding upon on the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Renthereto.

Appears in 1 contract

Samples: Net Office Lease (Sige Semiconductor Inc)

Electricity. (a) (iLandlord has installed submeters and ancillary equipment having Building standard specifications capable of reading KW demand and KW hours to measure the demand and consumption of electric energy in the Premises. Subject to the provisions of this Section 4.1.2(a) As and the other provisions of the Commencement Datethis Lease, Landlord shall furnish electrical service make available to the Premises of such quality and capacity in order to provide the Premises with no fewer than five Tenant six (56) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx power per rentable square foot of (demand load) throughout the Premises Premises, excluding base loads and that Tenant will, except standard air conditioning for the purpose of office cleaningBuilding (the “Electric Load’) twenty-four (24) hours, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. seven (7) days per week. Commencing on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustmentCommencement Date, Tenant shall pay to Landlord throughout the Lease Term, as an additional charge, without set-off, defense, counterclaim, abatement or deduction whatsoever, a charge for electricity furnished to the Premises (the “Electricity Charge”) equal to an amount determined by applying the aggregate KW demand and KW hours of electricity consumed in the Premises as recorded by the submeters and ancillary equipment serving the Premises to one hundred and five percent (105%) of the monthly average cost per such adjustment as specified in KW hour and per KW demand recorded on Landlord’s statementmeters for the Building and billed by the utility furnishing electric energy to the Building, including all taxes, fuel adjustments, surcharges, rate adjustment changes and charges and any other factors used by said public utility in computing the charges to Landlord for electric energy furnished to the Building. ThereafterTenant shall furnish and install all lighting tubes, if it is determined that lamps, bulbs and ballasts required in the Premises, at Tenant’s expense, or shall pay Landlord’s charges therefor on demand. Notwithstanding the foregoing, in addition to the Electricity Charge to be paid by Tenant has overpaidunder this Section 4.1.2, Tenant shall receive a credit against Additional Rent pay for (a) its Pro Rata Share of Operating Expenses of all electricity used in the amount operation of the overpaymentcommon areas of the Building and the exterior of the Building, said credit other than those amounts included in the Electricity Charge, as part of its obligation under this Lease to pay Operating Costs (the “Building Electric”); and (b) its proportionate share of the cost charged by the public utility furnishing electricity to the Building for electricity consumed to operate the HVAC for the floor on which the Premises are located (“Floor Electric”). For purposes of this Section 4.1.2(a), the term “proportionate share” shall mean a fraction, the numerator of which is the number of rentable square feet of the Premises and the denominator of which is the number of rentable square feet on the floor on which the Premises are located. For the avoidance of doubt, if Tenant is directly billed for Building Electric or Floor Electric, then Building Electric or Floor Electric shall not be included in the computation of the Operating Costs Reimbursement to be applied against the next accruing installment(s) paid to Landlord by Tenant as additional rent under Section 3.4 of Additional Rentthis Lease.

Appears in 1 contract

Samples: Lease (Apex Technology Acquisition Corp)

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Electricity. Landlord shall provide electrical wiring and facilities for connection to Tenant’s lighting and Tenant’s incidental use equipment as described in Schedule 2 to Exhibit B. Tenant shall not use combined electrical load for Tenant’s incidental use equipment and Tenant’s lighting fixtures in excess of its pro rata share of the capacity of the feeders, which electrical usage shall be subject to Applicable Laws, including Title 24. Tenant shall bear the cost of replacement of lamps, starters and ballasts for non-Building standard lighting fixtures within the Premises (aLandlord, as part of Operating Expenses, will replace Building-standard lamps, starters and ballasts). Tenant shall reasonably cooperate with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building Systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) which shall be (i) As of installed by Landlord or any tenant, for other tenant space in the Commencement DateProject, Landlord shall furnish electrical service to (ii) installed by Tenant for the Premises (not including the “Building Systems”, as that term is defined in Article 7 of such quality this Lease), and capacity in order to provide (iii) installed by Landlord for the Premises with no fewer than five (5) xxxxx per rentable square footCommon Areas and Building Systems. Tenant shall have no obligation to pay for any costs of electricity (including as part of Operating Expenses) shown on the Submetering Equipment described in item (i) above. Tenant shall be responsible to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lightingpay directly, and equipment will not be in excess as a part of five (5) xxxxx per rentable square foot of the Premises and that Tenant willOperating Expenses, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet all electricity shown on the Submetering Equipment described in item (ii) above. The cost of all electricity shown on the Submetering Equipment described in item (iii) above (except to the extent included in the Extra HVAC Costs) shall be included in Operating Expenses. Tenant may audit Landlord’s readings of the Premises. Submetering Equipment and Landlord shall furnish a statement of deliver reasonably detailed invoices to Tenant reflecting Landlord’s determination as to the amount reading of the adjustment, Submetering Equipment and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentresulting electricity costs.

Appears in 1 contract

Samples: Lease Agreement (Vir Biotechnology, Inc.)

Electricity. (a) (i) As of Landlord, subject to payment by Tenant as specified below, shall furnish electricity as follows: o up to 2 wattx xxx Rentable Square Foot in the Commencement DateLeased Premises at 277 volts for lighting; and o up to 1.25 wattx xxx Rentable Square Foot in the Leased Premises at 120 volts for office machines. If Tenant wants to use any office equipment or lighting that will cause Tenant's electricity requirements to exceed the specified levels or that will generate, excess heat, Tenant must give Landlord prior notice specifying Tenant's excess electricity requirements and the specific equipment that generates excess heat. If the excess electricity requirements can be supplied without, in Landlord's sole opinion, overloading the existing Building systems, or if the additional equipment necessary to supply Tenant's excess electricity requirements can be installed without, in Landlord's sole opinion, creating a dangerous condition in the Building, Landlord shall supply Tenant's excess electricity requirements and Tenant shall pay Landlord the cost of supplying the excess electricity requirements, including all installation costs, on demand as additional Rent. (b) If Tenant's electricity use exceeds the specified limits, Landlord may, at its sole option, either: o install separate submeter(s) for all or any part of the Leased Premises and Tenant shall pay Landlord the installation cost and the cost of the excess electricity as metered on demand as additional Rent; or o if Landlord does not elect to install separate submeter(s), cause Landlord's engineer to determine the amount of excess electricity to be allocated to Tenant based on the power requirements of the equipment or lighting and Tenant shall pay Landlord the cost of the excess electricity as reasonably determined by Landlord's engineer on demand as additional Rent. (c) If Tenant's electricity use exceeds the specified limits or any of Tenant's equipment generates excess heat, Landlord may also, at its sole option and without any obligation to do so, install supplemental air conditioning units in the Leased Premises to offset the heat-generating effect of Tenant's excess electricity usage and Tenant's equipment and Tenant shall pay Landlord the installation cost and the cost of operation, use, repair, and replacement of the supplemental air conditioning units on demand as additional Rent. (d) The obligation of Landlord to furnish electrical service electricity is subject to the rules and regulations of the supplier of electricity and of any municipal or other governmental authority regulating the business of providing electricity. Landlord is not liable to any Tenant Party for any failure or defect in the supply or character of electricity furnished to the Leased Premises due to any requirement, act, or omission of such quality and capacity in order the entity supplying electricity to provide the Premises with no fewer than five Project. (5e) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rentwithout any set off or deduction, electric charges beginning on the Commencement Date, Tenant's Proportionate Share of Total Electricity Costs for the Project (the “Electrical Inclusion Amount”defined below) on account of Tenant’s consumption of electrical energy incurred in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lightinguse, occupancy, and equipment will not be in excess of five (5) xxxxx per rentable square foot operation of the Premises Project and that Tenant willall related improvements and appurtenances, except including electricity used for heating and air-conditioning and perimeter lighting for the purpose Project, net of office cleaning, use electrical energy only from 8:00 A.M. Submetered Power (defined below). (f) The term TOTAL ELECTRICITY COSTS FOR THE PROJECT means the total electricity cost charged to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s Landlord by the entity supplying electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustmentBuilding, and the same shall become binding upon Building's share of electricity costs charged for other portions of the parties unlessProject, within thirty (30) daysincluding taxes, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant canbut may not agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected include any administrative fee or charge by Landlord. Tenant shall permit said consultant to have access to the Premises The term SUBMETERED POWER means all supplemental electricity that is separately submetered by Landlord and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds tenants in the Building or that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be is separately tracked and calculated by Landlord's engineer and paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent tenants in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentBuilding.

Appears in 1 contract

Samples: Office Lease (Penson Worldwide Inc)

Electricity. 43.01 Tenant shall purchase its electric current directly from the public utility serving the Building for all of the electric current consumption of the Demised Premises, including without limitation, the heating, ventilation and air-conditioning system (a"HVAC") for the Demised Premises, and Tenant shall be responsible for the payment of all bills therefor. If Tenant shall fail to pay any such bills, Landlord, at its option, may pay the same and collect such payment with interest (as set forth in Article 56) as additional rent. 43.02 After the initial leasing of the Demised Premises, if one or more electric meters measure the consumption of electric current by Tenant and another lessee of space in the Building (i.e., more than one tenant on a floor), or if there is no meter measuring Tenant's consumption of electric current in the Demised Premises, Tenant agrees to pay to Landlord or Landlord's designated agent charges for electric current consumed by Tenant reasonably determined by Landlord's Electrical Consultant. Bills therefor, at the rate charged to Landlord for such electric current, including but not limited to fuel adjustment charges (as determined for each month of the relevant period and not averaged), rate adjustment charges and/or any other factors used by the utility company servicing the Building to calculate Landlord's rate, plus the amount of sales tax imposed thereon by any governmental or recognized authority, shall be rendered at such times as Landlord may elect and shall be payable by Tenant as additional rent. Tenant shall permit Landlord's Electrical Consultant to make surveys in the Demised Premises from time to time during normal business hours regarding the electrical equipment and fixtures and the use of electric current therein. Tenant acknowledges that the Demised Premises include one hundred percent (100%) of the rentable area of the 19th floor. If there is a meter or are meters solely measuring Tenant's direct consumption of electricity for the Demised Premises, Tenant shall be obligated to pay all charges on such meter in accordance with Article 43. 43.03 Landlord has caused the electric utility which services the Building to furnish electric meter(s), and Landlord has furnished certain panel board(s), wiring, feeders and risers which are necessary to provide electricity to the Demised Premises, and, throughout the term of this Lease, Landlord shall maintain same in good condition and repair. Landlord at Tenant's sole cost and expense shall be responsible for any repair, maintenance and replacement of any electric meter, panel board and all wires, wiring, feeders and risers serving the Demised Premises that is made necessary by Tenant's need for or use of more electrical energy than the existing equipment is able to supply or overload thereof, and Tenant shall pay Landlord's reasonable charges therefor on demand. Tenant covenants that (i) As of at no time shall the Commencement Date, Landlord shall furnish electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption use of electrical energy in the Demised Premises exceed the sum capacity of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lightingthe existing feeders or wiring installations then serving the Demised Premises, and equipment will not be in excess of five (5ii) xxxxx per rentable square foot of it has ascertained from its own engineers that the Premises and that Tenant will, except present capacity is sufficient for the purpose of office cleaning, use its present electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlordneeds. Tenant shall not make or perform, or permit said consultant the making or performance of, any alterations to have access wiring installations or other electrical facilities in or serving the Demised Premises or any additions to the Premises business machines, office equipment or other appliances (other than typewriters and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenantsimilar low energy consuming office machines) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount Demised Premises which utilize electrical energy, without the prior consent of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentLandlord in each instance.

Appears in 1 contract

Samples: Lease Agreement (Cross Media Marketing Corp)

Electricity. (a1) (i) As of the Commencement Date, Landlord shall furnish electrical service Subject to the Premises provisions of such quality and capacity in order this Section 11(A), Sublandlord agrees to provide furnish, or cause the Premises Overlandlord to furnish, Subtenant with no fewer than five all electric current (5) including at least 6 xxxxx per rentable square foot, exclusive of HVAC) and such other utilities and building operating services as reasonably required by Subtenant in connection with the permitted use and occupancy of the Subleased Premises. Tenant There shall be a charge to Subtenant for such electric current which shall be Three dollars ($3.00) per rentable square foot per annum for the Term (based upon 10,690 rentable square feet), which amount is presently included in the Fixed Rent; provided that Sublandlord reserves the right, at its option, to change the manner in which electricity is charged to Subtenant, (x) by survey, in which case Subtenant shall pay an amount equal to Landlordits share of the total electrical charges for the Subleased Premises as determined by such survey, or, (y) by submeter so long as Sublandlord shall pay the cost to install such submeter, and Sublandlord shall charge Subtenant the same rate that Sublandlord pays without a markup; provided, however, if, solely as a result of any alteration or addition to Subtenant’s electrical equipment and/or appliances in the Subleased Premises, the cost of furnishing electric service to the Subleased Premises shall be increased, Subtenant shall be required to pay for such increased cost (and notwithstanding the foregoing, Subtenant shall pay the reasonable cost of installation of such submeter), upon a presentation of reasonable proof of such material increase to Subtenant. If Sublandlord shall elect to charge Subtenant by means of survey (conducted by an electrical engineer calculating relative usage and demand compared to that of a typical professional office tenant) or submeter as contemplated in the preceding sentence, then the Fixed Rent shall be reduced by an amount equal to Three dollars ($3.00) per square foot per annum (based upon 10,690 rentable square feet). (2) At all times during the term of this Sublease, Subtenant will comply in the Subleased Premises with all present and future rules, regulations, terms and conditions applicable to service equipment, wiring and requirements in accordance with the regulations of the public utility company supplying electric current to the Building. Subtenant shall not use any electrical equipment, which, in the reasonable discretion of Sublandlord or the discretion of the Overlandlord, will overload such installations or interfere with the use thereof by the other occupants of the Building. Subtenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the then existing feeders to the Subleased Premises or the risers or wiring installation, nor shall Subtenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Building would result in an overload of the electrical circuits servicing the Building. Nothing herein shall be deemed an assurance of the continued availability from the public utility company supplying electric current to the Building of sufficient current to the Subleased Premises or that the quantity or type of current is now or shall hereafter be adequate for Subtenant’s needs. Sublandlord shall in no way be liable or responsible to Subtenant for any loss or damage or expense which Subtenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Subtenant’s requirements, except if due to the uninsurable acts or omissions of Sublandlord, it’s employees, agents, representatives or contractors. Subtenant shall furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Subleased Premises, at Subtenant’s sole cost and expense (or upon request by Subtenant, Sublandlord will furnish, install and replace same at Subtenant’s cost). All lighting tubes, lamps, bulbs and ballasts so installed shall become Sublandlord’s property upon the expiration or sooner termination of this Sublease. (3) If any taxes or charges are or shall be imposed upon Sublandlord or its agent in connection with the sale or resale of electrical energy to Subtenant pursuant to this Section 11(A), Subtenant covenants and agrees that, where permitted by law, such taxes or charges allocable to the Subleased Premises shall be passed on to Subtenant and paid by Subtenant to Sublandlord or its agent upon demand, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25without set-off or deduction. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in Sublandlord shall deliver a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot copy of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding relevant tax xxxx upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, written request by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentSubtenant.

Appears in 1 contract

Samples: Sublease (Patients & Physicians, Inc.)

Electricity. (a) (i) As of the Commencement Date, 15.01. Landlord shall furnish electrical service to the Premises of such quality and capacity electric energy that Tenant shall require in order to provide the Premises with no fewer than five (5) xxxxx per rentable square footDemised Premises. Tenant shall pay to Landlord, as additional rent, the costs and charges for all electric energy furnished to Tenant at the Demised Premises, other than the electric energy costs and charges for the use and operation of the HVAC system (and all its component parts) which costs shall be included as Operating Expenses under Article 5. Additional Rentrent for such electric energy shall be calculated and payable in the manner hereinafter set forth. 15.02. As part of Landlord's Work as described in Exhibit C, Landlord, at Tenant's sole cost and expense, shall install an electric meter or sub-meter which shall measure Tenant's electrical use (other than the electric energy costs and charges (for the “Electrical Inclusion Amount”) on account use and operation of the base Building HVAC system and all of its component parts). Tenant shall pay the cost of such use to Landlord as additional rent, based upon the actual electrical energy usage as measured by the sub-meter, as if Tenant was a direct independent customer of the utility company. 15.03. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric energy furnished to the Demised Premises by reason of any requirement, act, or omission of the public utility serving the Building with electricity or for any other reason. Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs, and ballasts required in the Demised Premises at Tenant’s consumption 's expense at a commercially reasonable cost. 15.04. Tenant's use of electrical electric energy in the Demised Premises shall not at any time exceed the sum capacity of $101,355.00 per annum payable any of the electrical conductors and equipment in equal monthly installments or otherwise serving the Demised Premises. Landlord represents that the electrical capacity of $8,446.25. The Electric Inclusion Amount the Demised Premises is sufficient to satisfy the needs of Tenant for any commercially reasonable use based upon Landlord’s assumption the improvements contemplated in Exhibit C. Landlord further states that Tenant’s initial electrical installation will not result the Landlord shall provide electricity service to the main distribution electric xxxx service in a total connected electrical load for lighting, and equipment will not be the closet located in excess the Demised Premises capable of five providing seven (57) xxxxx per rentable square foot (electric demand load, exclusive of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 HVAC) per rentable square feet as a basic building service. Tenant's use of such electricity service (other than the electric energy costs and charges for the use and operation of the Premises. Landlord shall furnish a statement base Building HVAC system and all of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30its component parts) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determinedseparately metered, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, as provided in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentSection 15.

Appears in 1 contract

Samples: Sublease Agreement (I Many Inc)

Electricity. (a) (i) As 11.1 The Lessor authorizes the Lessee to enter into contracts for the direct supply to the Base Station of such electricity and other utilities as may be necessary for the operation of the Commencement DateBase Station, Landlord and further authorizes the Lessee, at its own costs, to arrange for the installation of a separate electricity meter including cabling (whether subterranean or aerial) as may be reasonably necessary for the purposes of the Lessee. Where necessary such cabling may traverse the Property along the most appropriate route as may be determined by the relevant supplier and/or local or other authority. 11.2 The cost of all electricity and/or other utilities consumed by the Lessee on or at the Base Station Site shall furnish electrical service be born and paid by the Lessee against presentation of invoice in accordance with 10.6 above. 11.3 If the Lessee is unable to secure a direct supply of electricity to the Premises Base Station Site then the Lessee shall be entitled to either (and at the Lessee’s direction) and at its expense- 11.3.1 Upgrade the Lessor’s current electricity supply system; and/or 11.3.2 Should there be a sufficient supply of such quality electricity, connect to the Lessor’s existing electricity supply system. 11.4 Should the Lessee not be able to procure a direct supply of electricity to the Base Station and capacity should the Lessor and the Lessee share the Lessor’s supply of electricity as contemplated in order to provide 11.3 the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant Lessee shall ensure that electricity consumed at the Base Station is separately metered and shall pay to Landlord, the Lessor the cost of electricity consumed by it for which purpose meter readings will be carried out by the Lessor as Additional Rent, electric charges (more fully hereinafter provided. 11.5 If the “Electrical Inclusion Amount”) Lessee shares the Lessor’s supply of electricity the Lessor warrants and undertakes that all amounts owing and/or becoming owing by it to the relevant supplier have been and will be paid promptly on account of Tenant’s consumption of electrical energy in or before the Premises due date for payment thereof. If the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load Lessor fails to pay any such amount promptly on due date for lighting, and equipment will not payment the Lessee shall be in excess of five (5) xxxxx per rentable square foot entitled to effect payment on behalf of the Premises Lessor and to apply set-off between the amount so paid by it and any other amounts owing and/or becoming owing by the Lessee to the Lessor in terms of this Agreement. If the supply of electricity to the Base Station is for any reason whatsoever unavailable, suspended and/or terminated, the Lessee shall be entitled to use and operate silent type generators (which shall if possible be located on the Base Station Site but may be located on other parts of the Property) for the supply of electricity to the Base Station. 11.6 The Lessor warrants that Tenant will, except the Property and the Building and all electrical and other utility services relating thereto are fit and adequate for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Fridaythe Lessee, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes shall remain so throughout the amount duration of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment this Agreement. 11.7 Electricity consumption shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises metered monthly in arrear and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless the Lessee either directly to the authority concerned or to the Lessor against presentation on invoice. 11.8 It is expressly agreed that under no circumstances shall the Lessor be entitled to terminate the supply of electricity to the Base Station and/or to do any or omit to do anything as a result whereof such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall supply will be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentterminated.

Appears in 1 contract

Samples: Lease Agreement

Electricity. (a) (i) As of Until separately metering the Commencement DatePremises, Landlord shall furnish electricity for ordinary laboratory and office purposes through transmission facilities heretofore installed by Landlord in the Building, by means of alternating electric current to be used by Tenant in connection with lighting fixtures and electrical service to receptacles presently installed in the Premises and/or to be installed as part of Landlord's Work. Tenant shall use such electric current for lighting and, insofar as Landlord's facilities are not burdened thereby and applicable laws permit, for operation of such quality equipment and capacity appliances as are customarily used in order to provide the Premises connection with no fewer than five (5) xxxxx per rentable square footan office and laboratory. Tenant shall pay the cost of such electricity, as reasonably estimated by Landlord from time to time, as the actual cost to Landlord, as Additional Rentwithin 10 days after receipt of Landlord's statement, electric charges (which statement shall not be submitted more frequently than monthly, and shall pay the “Electrical Inclusion Amount”) on account cost of Tenant’s consumption of electrical energy in separately metering the Premises if Landlord decides to separately meter the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25premises. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot of the Premises and that If Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time at reasonable intervals disagrees with Landlord's estimate of Tenant's electrical consumption, such consumption shall be equitably adjusted determined by a reputable independent electrical engineer or consultant, selected by Landlord and approved by Tenant, which approval shall not be unreasonably withheld or delayed. Such engineer or consultant shall promptly make a survey of the electrical wiring and power load in the Premises to reflect determine Tenant's projected average annual electric current consumption therein. The cost of said survey shall be borne by Tenant unless the resulting increase findings such consultant are that Landlord has over-billed Tenant by more than 20% of actual consumption; in which case Landlord will pay the cost of such usesurvey. In additionSaid survey shall be conclusive upon the parties. If Landlord decides to separately meter the Premises, Landlord shall have give Tenant reasonable prior written notice that Landlord intends to do so. Such separate metering shall mean that Tenant shall obtain electric current directly from the right utility company furnishing electric current to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet Building. Such current shall be furnished to Tenant by means of the Premisesthen existing Building system feeders, risers and wiring. All meters and additional panel boards, risers, feeders, wiring and other conductors and equipment which may be required to obtain electric current directly from such public utility company shall be installed and maintained by Tenant. Landlord shall furnish a statement of Landlord’s determination as continue providing electric current to Tenant until such separate meter is installed and operable, provided Tenant is acting diligently to obtain the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentsame.

Appears in 1 contract

Samples: Lease Agreement (Circe Biomedical Inc)

Electricity. (a) (i) As of the Commencement Date, 15.01. Landlord shall furnish electrical service to the Premises of such quality and capacity electric energy that Tenant shall require in order to provide the Premises with no fewer than five (5) xxxxx per rentable square footDemised Premises. Tenant shall pay to Landlord, as additional rent, the costs and charges for all electric energy furnished to Tenant at the Demised Premises, other than the electric energy costs and charges for the use and operation of the HVAC system (and all its component parts) which costs shall be included as Operating Expenses under Article 5. Additional Rentrent for such electric energy shall be calculated and payable in the manner hereinafter set forth. 15.02. As part of Landlord's Work described in Exhibit C, Landlord, at Tenant's sole cost and expense, shall install an electrical meter or sub-meter which shall measure Tenant's electrical use (other than the electric energy costs and charges (for the “Electrical Inclusion Amount”) on account use and operation of the base Building HVAC system and all of its component parts). Tenant shall pay the cost of such use to Landlord as additional rent, based upon the actual electrical energy usage as measured by the sub-meter, as if Tenant was a direct independent customer of the utility company. 15.03. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric energy furnished to the Demised Premises by reason of any requirement, act, or omission of the public utility serving the Building with electricity or for any other reason. Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs, and ballasts required in the Demised Premises at Tenant’s consumption 's expense at a commercially reasonable cost. 15.04. Tenant's use of electrical electric energy in the Demised Premises shall not at any time exceed the sum capacity of $101,355.00 per annum payable any of the electrical conductors and equipment in equal monthly installments or otherwise serving the Demised Premises. Landlord represents that the electrical capacity of $8,446.25. The Electric Inclusion Amount the Demised Premises is sufficient to satisfy the needs of Tenant for any commercially reasonable use based upon Landlord’s assumption the improvements contemplated in Exhibit C. Landlord further states that Tenant’s initial electrical installation will not result the Landlord shall provide electricity service to the main distribution electric xxxx service in a total connected electrical load for lighting, and equipment will not be the closet located in excess the Demised Premises capable of five providing seven (57) xxxxx per rentable square foot (electric demand load, exclusive of the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 HVAC) per rentable square feet as a basic building service. Tenant's use of such electricity service (other than the electric energy costs and charges for the use and operation of the Premises. Landlord shall furnish a statement base Building HVAC system and all of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30its component parts) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determinedseparately metered, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, as provided in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional RentSection 15.

Appears in 1 contract

Samples: Lease Agreement (Pxre Group LTD)

Electricity. (a) (iLandlord has installed submeters and ancillary equipment having Building standard specifications capable of reading KW demand and KW hours to measure the demand and consumption of electric energy in the Premises. Subject to the provisions of this subsection 4.1.2(a) As and the other provisions of the Commencement Datethis Lease, Landlord shall furnish electrical service make available to the Premises of such quality and capacity in order to provide the Premises with no fewer than five Tenant six (56) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx power per rentable square foot of (demand load) throughout the Premises Premises, excluding base loads and that Tenant will, except standard air conditioning for the purpose of office cleaningBuilding (the “Electric Load’) twenty-four (24) hours, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. seven (7) days per week. Commencing on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustmentInitial Commencement Date, Tenant shall pay to Landlord throughout the Lease Term, as an additional charge, without set-off, defense, counterclaim, abatement or deduction whatsoever, a charge for electricity furnished to the Premises (the “Electricity Charge”) equal to an amount determined by applying the aggregate KW demand and KW hours of electricity consumed in the Premises as recorded by the submeters and ancillary equipment serving the Premises to one hundred and five percent (105%) of the monthly average cost per such adjustment as specified in KW hour and per KW demand recorded on Landlord’s statementmeters for the Building and billed by the utility furnishing electric energy to the Building, including all taxes, fuel adjustments, surcharges, rate adjustment changes and charges and any other factors used by said public utility in computing the charges to Landlord for electric energy furnished to the Building. ThereafterTenant shall furnish and install all lighting tubes, if it is determined that lamps, bulbs and ballasts required in the Premises, at Tenant’s expense, or shall pay Landlord’s charges therefor on demand. Notwithstanding the foregoing, in addition to the Electricity Charge to be paid by Tenant has overpaidunder this subsection 4.1.2, Tenant shall receive a credit against Additional Rent pay for (a) its Pro Rata Share of Operating Expenses of all electricity used in the amount operation of the overpaymentcommon areas of the Building and the exterior of the Building, said credit other than those amounts included in the Electricity Charge, as part of its obligation under this Lease to pay Operating Costs (the “Building Electric”); and (b) its proportionate share of the cost charged by the public utility furnishing electricity to the Building for electricity consumed to operate the Ventilation and Air Conditioning unit (“VAC”) for the floor on which the Premises are located (“Floor Electric”). For purposes of this subsection 4.1.2(a), the term “proportionate share” shall mean a fraction, the numerator of which is the number of rentable square feet of the Premises and the denominator of which is the number of rentable square feet on the floor on which the Premises are located. For the avoidance of doubt, if Tenant is directly billed for Building Electric or Floor Electric, then Building Electric or Floor Electric shall not be included in the computation of the Operating Costs Reimbursement to be applied against paid to Landlord by Tenant as additional rent under Section 3.4 of this Lease. (b) Tenant’s use of electricity in the next accruing installment(sPremises shall not at any time exceed the Electric Load servicing the Premises. In order to ensure that such capacity is not exceeded and to avert possible adverse effect upon the electric service in the Building, 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 appliances or equipment or the electric system of the Premises which would cause tenant to exceed the Electric Load. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant upon Landlord’s demand. As a condition to undertaking said work, Landlord may require Tenant to furnish Landlord with security satisfactory to Landlord securing payment of the cost of said work. (c) Landlord shall not be liable in any way to Tenant for any failure, interruption or defect in the supply or character of Additional Rentelectricity, steam or other utilities furnished to the Premises by reason of any requirement, act or omission of the public utility or other provider serving the Building with electricity or steam or for any other reason (including, without limitation, any interruption due to repairs or alterations made by Landlord in the Building) unless that same shall be attributable to the willful misconduct of Landlord. In no event shall Landlord be liable for any consequential or special damages or damages for interruption to or loss of business. (d) Landlord reserves the right to discontinue furnishing electricity to Tenant in the Premises at any time upon not less than thirty (30) days notice to Tenant. If Landlord shall exercise such right of termination, this Lease shall continue in full force and effect and shall be unaffected thereby, except only that, from and after the effective date of such termination, Landlord shall not be obligated to furnish electricity to Tenant and Tenant shall not be obligated to pay the Electricity Charge to Landlord pursuant to the provisions of subsection 4.1.2(a) above. If Landlord so discontinues furnishing electric energy to Tenant, Tenant shall arrange to obtain electricity directly from the public utility company or other provider furnishing electric service to the Building. Such electricity may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purposes. All meters and all additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electricity directly from such public utility company shall be installed and maintained by Tenant at its expense. Notwithstanding the above, Landlord shall not discontinue furnishing electricity unless and until Tenant or Landlord arrange for the alternative provision of electricity upon comparable terms. (e) If the public utility furnishing electricity to the Building shall institute or require a change in the manner in which electricity is to be furnished or paid for, and such change reasonably necessitates an appropriate modification of this subsection 4.1.2, Tenant shall execute such modification, provided, however, that in no event shall the Base Rent be reduced to an amount below the amounts thereof stated in Section 1 of this Lease. Tenant shall fully and timely comply with all rules and regulations of the public utility applicable to Tenant or the Premises. (1) If any taxes are or shall be imposed upon Landlord’s furnishing of electricity, Tenant shall reimburse Landlord therefor upon demand. (2) Landlord’s failure to render any statement under the provisions of this subsection 4.1.2 shall not prejudice Landlord’s right to render such statement at any time thereafter or to render a statement under this subsection 4.1.2 for prior or subsequent periods. The obligations of Tenant with respect to any payment required to be made pursuant to the provisions of this subsection 4.1.2 shall survive the expiration or sooner termination of the Lease Term. (3) Tenant shall take good care of all submeter(s) serving the Premises and shall make all repairs and replacements necessary to maintain said submeter(s) in good working order and condition, at Tenant’s sole cost and expense. During any period in which the submeter(s) shall not be in good working order, the Electricity Charge shall include an amount for electricity furnished to the Premises at the rate paid by Tenant during the most recent comparable period during which said submeter(s) were in good working order.

Appears in 1 contract

Samples: Lease (Kitara Media Corp.)

Electricity. (a) (i) As of the Commencement Date, Landlord shall furnish electrical has contracted for electricity service to for the Premises from a utility company that provides such service (an “Electric Service Provider”). The amount of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rent, electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy all electricity consumed in the Premises shall be known as the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25“Premises Electricity Usage”. The Electric Inclusion Amount is based upon Landlord, at Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lightingcost, and equipment will not be in excess has sub-metered the Premises to measure the Premises Electricity Usage. Subject to the terms of five this Section 10.1 below, if, during any calendar month of the Term, the Premises Electricity Usage exceeds an amount equal to four (54) xxxxx of electricity per rentable hour per usable square foot of the Premises during Ordinary Business Hours (weekday and that weekend hours included) for such calendar month (such wattage allowance to be known as the “Wattage Allowance” and such excess amount over the Wattage Allowance for such calendar month to be known as the “Excess Electrical Use”), then Tenant will, except shall reimburse Landlord for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to conduct a periodic survey actual cost of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination Excess Electrical Use (determined as to the amount of the adjustment, and the same shall become binding upon the parties unless, provided in this Section 10.1 below) within thirty (30) days, Tenant notifies Landlord that it disputes days following Tenant’s receipt of a detailed invoice evidencing such Excess Electrical Use and the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, andapplicable cost related thereto. In determining Tenant’s Excess Electrical Use, if Landlord and Tenant cannot agree thereonany, the amount of such adjustment Wattage Allowance shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant used to have access to the Premises and calculate Tenant’s electrical facilities allowance (as well as the electrical allowance for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% other tenants of the Additional RentBuilding which, in which case the fee shall be paid by at Landlord. When the amount of such adjustment is so determined’s option, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustmentare separately metered for electrical usage), which shall be effective expressed in Kilowatts per hour (“KWH”) for purposes of billing (the “Standard KWH Allocation”). Subject to the foregoing, the Standard KWH Allocation for a particular calendar (i) the Standard KWH Allocation for the Premises shall be subtracted from the date of total Premises Electricity Usage during the applicable calendar month; and (ii) such adjustmentdifference shall then be multiplied by the average cost per KWH charged to Landlord at the Building in accordance with the Electric Service Provider’s rate structure then in effect for such calendar month, which agreement and such product shall be the amount due and payable by Tenant to Landlord for Tenant’s Excess Electrical Use for that particular calendar month. Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably acceptable necessary, shall allow Landlord and such Electric Service Provider reasonable access to Tenantthe Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Any adjustment Notwithstanding any provision to the contrary contained in this Lease, the cost incurred by Landlord for electricity in the Building (including for the Building HVAC system which provides HVAC service to the Building, including, without limitation, the tenant premises areas of the Building), the Common Areas and any tenant premises areas of the Building, shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed included as part of Operating Expenses for the Base Year and delivered. Pending the determination any Comparison Year; provided, however, that electricity costs attributable to any tenant premises areas of the adjustmentBuilding that are included in Operating Expenses shall in no event exceed the Standard KWH Allocation for such tenant’s premises, Tenant shall pay to Landlord the amount of such adjustment calculated as specified provided in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentthis Section 10.1 above.

Appears in 1 contract

Samples: Lease (Mindspeed Technologies, Inc)

Electricity. (a) (i) A. As long as Tenant is not in default under any of the Commencement Date, covenants of this Lease Landlord shall furnish electrical service Tenant with all such electric energy reasonably required in connection with the permitted use and occupancy of the Demised Premises. In addition to the Premises of such quality all other rent and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. additional rent payable herein, Tenant shall pay to Landlord, as Additional Rent, electric charges (for the “Electrical Inclusion Amount”) on account cost of Tenant’s consumption of electrical energy in such service at the Premises the sum rate of $101,355.00 3.00 (subject to survey) per annum payable square foot (subject to possible increase as hereinafter set forth), which payments shall be made in equal monthly installments in advance and shall constitute additional rent hereunder. At Landlord's option, Landlord may at any time cause a survey to be made by an independent electrical engineer or consultant selected by Landlord of $8,446.25the consumption of electric energy in the Demised Premises. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation survey will not result in include a total connected electrical load for lighting, and equipment will not be in excess of five (5) xxxxx per rentable square foot determination of the power requirements of Tenant's equipment (including, but not limited to, any air conditioning equipment provided by Landlord) and of the lighting in the Demised Premises and that Tenant will, except for a determination of the purpose periods of office cleaning, use electrical of such equipment and lighting. The result of the survey will be projected with such adjustments as Landlord determines to arrive at an estimate of the annual consumption of electric energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”)in the Demised Premises. Accordingly, if Tenant’s electricity consumption exceeds such criteriaOn the basis of said estimate, the Electric Inclusion Amount estimated cost attributable to the furnishing by Landlord of such quantity of electric energy to the Demised Premises shall be determined. If such estimated cost shall be greater than the sum set forth above, then the payment described above shall be increased as of the date of such survey so as to reflect such estimated additional cost. There may be, from time to time thereafter, a further adjustment in such payment based on a survey as above provided, or if there is any change in the cost attributable to the furnishing by Landlord of electric energy to the Demised Premises. Notwithstanding any other terms and conditions hereof, in~ the event that the cost to Landlord of furnishing electricity service shall increase, then Landlord may, at its option to be equitably adjusted exercised by written notice to reflect Tenant, increase the resulting payment due hereunder by an amount equal to the sum set forth above multiplied by the percentage increase in such use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premisesto Landlord. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount The increased additional rent payable by virtue of such adjustment, in which event the parties notice shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount commence as of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of said increase in the rate payable by Landlord to such adjustment, which agreement public utility. "Cost" as such term is used in this paragraph F shall be reasonably acceptable deemed to Tenantinclude, without limitation, all sales, use, excise or other taxes. Any adjustment Under no circumstances shall the electrical inclusion charge be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord less than the amount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of Additional Rentset forth above.

Appears in 1 contract

Samples: Lease Agreement (General Credit Corp)

Electricity. (a) Landlord shall furnish to Tenant the electric energy which Tenant requires in the Demised Premises, through the presently installed electrical facilities for Tenant's reasonable use in the Demised Premises for lighting, Tenant's office equipment and business machines. Subject to the following provisions of this Article 38, Landlord shall not in any way be liable and responsible to Tenant for any loss or damage which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. (i) As of Tenant acknowledges and agrees that the Commencement Datefixed rent set forth in this Lease does not include the Electricity Charge to compensate Landlord for the electrical wiring and other installations necessary for, Landlord shall furnish electrical service to the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rentfor its obtaining and redistribution of, electric current as an additional service, additional electric charges (the “Electrical Inclusion Amount”) on account which shall be subject to periodic adjustments as herein provided, has been partially based upon Tenant's estimated connected electrical load and hours of Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25use thereof for ordinary lighting and office equipment, during ordinary business hours. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total Charge shall mean the amount determined by applying the estimated connected electrical load for lighting, and equipment will not be usage thereof in excess of five the Demised Premises (5) xxxxx per rentable square foot of as the Premises and that Tenant will, except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall same may hereafter from time to time be equitably determined by Landlord's electrical consultant as hereinafter provided) to the rate charged for such load and usage in the service classification in effect on January 1, 2002 pursuant to which Landlord then purchased electric current for the entire Building from the public utility corporation. If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to January 1, 2002 (whether such increase occurs prior to or during the term of this Lease), by change in Landlord's electric rates, charges, fuel adjustment, or service classifications, or by taxes or charges of any kind imposed thereon, then the electric charges portion of the annual rent shall be increased in the same percentage and the annual rent shall be adjusted to reflect the resulting accordingly. (ii) Any such percentage increase in Landlord's cost due to change in Landlord's electric rates, charges, etc., shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the rate change, other in cost, or any change methods of or rules on billing for same, on a consistent basis to the new rate and/or service classifications and to the immediately prior existing rate and/or service classifications. If the average consumption of electricity for the entire Building for said prior twelve (12) full months cannot reasonably be applied and use with respect to changed methods of or rules on billing, then the 1.5% 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 under such usechanged methods of or rules on billing, projected to a full twelve (12) months; and that same consumption, so projected shall be applied to the rate and/or service classifications which existed immediately prior to the changed methods of or rules on billing. In additionThe parties acknowledge that they understand that it is anticipated that existing electric rates, charges, etc., may be changed by virtue of time-of-day rates or other methods of billing, and that the foregoing reference to changes in methods of or rules on billing is intended to include any such change. The parties agree that a reputable, independent electrical consultant, selected by landlord ("Landlord's electrical consultant") shall determine the percentage for the changes for the Electric charges in Landlord's electric rates, charges, etc. (i) The parties agree that Landlord's electrical consultant may from time to time make surveys in the Demised Premises covering the electrical equipment and fixtures and use of current therein, and the connected electrical load and usage portion of the electric charges shall be charged in accordance with such survey, and the electric charges automatically redetermined, accordingly, by Landlord's electrical consultant. The cost of any such survey shall be borne equally by Landlord and Tenant. (ii) The determination of change in the electric charges by Landlord's consultant shall have be binding and conclusive on Landlord and on Tenant from and after the right delivery of copies of such determination to conduct Landlord and Tenant, unless within fifteen (15) days after the delivery of such copies, Tenant disputes such determination. If Tenant disputes the determination, it shall, at its own expense, obtain from a periodic reputable, independent electrical consultant its own survey of Tenant’s actual 's electrical usage lighting and increase power load in accordance with the Electric Inclusion Amount if provisions of this Article 38. Tenant's consultant and Landlord's consultant then shall seek to agree on a finding of such determination of such change in the survey indicates the electric charge. If they cannot agree, they shall choose a third reputable electrical consultant whose cost shall be shared equally by Landlord and Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish , to make a statement of Landlord’s determination as to the amount of the adjustmentsimilar survey, and the same determination of such electric chare change by such third electrical consultant shall become binding upon the parties unlessbe controlling. (If they cannot agree on such third consultant, within thirty ten (3010) days, Tenant notifies Landlord that it disputes then either party may apply to the amount Supreme Court in the County of New York of the appointment of such adjustmentthird consultant.) However, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of pending such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustmentdetermination, Tenant shall pay to Landlord the amount of such adjustment as specified in the electric charges determined by Landlord’s statement. Thereafter's independent electrical consulting firm, provided, however, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of electric charges determined as aforesaid is different from that determined by Landlord's electrical consulting fir, then Landlord and Tenant shall make adjustment for any deficiency owed by Tenant or overage paid by Tenant pursuant to the overpaymentdecision of Landlord's electrical consulting firm. (d) Landlord reserves the right to discontinue furnishing electric energy to Tenant at any time upon sixty (60) days' written notice to Tenant, said credit and from and after the effective date of such termination, Landlord shall no longer be obligated to furnish Tenant with electric energy, provided, however, that such termination date may be applied against extended for a time reasonably necessary for Tenant to make arrangements to obtain electric service directly from the next accruing installment(spublic utility company servicing the Building. If Landlord exercise such right of termination, this Lease shall remain unaffected thereby and shall continue in full force and effect and thereafter Tenant shall diligently arrange to obtain electric service directly from the public utility company servicing the Building and may utilizing the then existing electric feeders, risers and wiring serving the Demised Premises to the extent available and safely capable of being used for such purpose and only to the extent of Tenant's then authorized connected load. Landlord shall be obligated to pay the expense of any cost required for Tenant's direct electric service. Commencing with the date when Tenant receives such direct service, and as long as Tenant shall continue to receive such service, the fixed monthly electric charges payable under this Lease shall be suspended. (i) Landlord hereby consents to Tenant's use and connection of Additional Rentany its electrical equipment of any type to the Building electric distribution system. Any additional risers, feeders, or other equipment proper or necessary to supply Tenant's electrical requirements, upon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, if, in Landlord's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises, or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alternations, repair or expense or interfere with or disturb other tenants or occupants. (ii) Tenant shall purchase all lighting tubes, lamps, bulbs and ballasts used in the Demised Premises and Tenant shall pay Landlord's reasonable charges for providing and installing same, on demand, as additional rent. (f) In no event shall the annual rent under this Lease be reduced below the annual rent specified herein by virtue of this Article 38. (g) Landlord shall have the option at any time upon thirty (30) days prior written notice to Tenant to discontinue supplying electric energy to Tenant in accordance with the provisions of this Article 38, and elect instead to furnish electric energy to Tenant on a submetered basis. In the event that Landlord shall exercise the option contained in this Section 38(g) the annual rent set forth herein shall be reduced in the manner described in Section 38(c) hereof.

Appears in 1 contract

Samples: Office Lease (On Site Sourcing Inc)

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