Electricity. Landlord shall furnish to the Premises electric current to the extent commercially reasonable and required for normal general office uses. The Building electrical system will be capable of providing an average of at least five (5) ▇▇▇▇▇ per square foot of Rentable Area to the Premises for lighting and measured load. Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of Landlord, which Landlord will not unreasonably withhold, Tenant shall not install or operate any machinery, appliances or equipment in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base Year.
Appears in 3 contracts
Sources: Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp)
Electricity. (a) Landlord shall agrees to furnish to the Premises electric current weekdays, exclusive of legal holidays, from 8:00 a.m. to 6:00 p.m., and Saturdays, from 8:00 a.m. to 12:00 p.m., heat and air conditioning required in Landlord’s judgment for the extent commercially reasonable comfortable use and required for normal general office uses. The Building electrical system will be capable occupation of providing an average of at least five (5) ▇▇▇▇▇ per square foot of Rentable Area to the Premises and elevator service; water for lighting lavatory and measured loaddrinking at those points of supply provided for general use of tenants during the times and in the manner that such services are, in Landlord’s judgment customarily furnished in comparable office buildings in the immediate market area. Landlord shall be under no obligation to provide additional or after-hours heating or air conditioning, but if Landlord elects to provide such services at Tenant’s request, Tenant shall pay Landlord a charge of $22.00 per hour for such services to be billed monthly to Tenant. Landlord in its discretion has the right to reasonably adjust the above referenced charge. Tenant agrees to keep closed all window coverings, if any, when necessary because of the sun’s position, and Tenant also agrees at all times to cooperate fully with Landlord and to abide by all the regulations and requirements which Landlord may establish commercially reasonable measures prescribe for the proper functioning and protection of said heating, ventilating, and air conditioning system and to conserve energy comply with all laws, ordinances and waterregulations respecting the conservation of energy. In the event Tenant utilizes heat-generating machines, heat-generating equipment or excess lighting in the Premises and same affects the ability of the air conditioning system to effectively cool the premises as intended, Landlord reserves the right to install supplementary air conditioning units for the Premises, and the cost thereof, including but not limited tothe cost of electricity and/or water therefore and the cost of all repairs, automatic light shut off after Normal Working Hours in unoccupied areas maintenance and efficient lighting forms, so long as these measures do not unreasonably interfere with replacements thereto shall be paid by Tenant to Landlord upon demand.
(b) Tenant’s use of electrical energy in the Premises shall not, at any time, exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. Without In order to ensure that such capacity is not exceeded and to avert possible adverse effects upon the Building’s electric service, Tenant shall not, without Landlord’s prior written consent of Landlordin each instance, which Landlord will not unreasonably withholdconnect major equipment to the Building, Tenant shall not install electric distribution system, telephone system or operate make any machinery, appliances alteration or equipment in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors system of the Premises to determine existing on the actual amount of electric current which Tenant is utilizing from time to timeCommencement Date. If such submeter indicates that Tenant’s electrical usage under this Lease contemplates only the use of electric current for power normal and lighting in customary office equipment. In the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation event Tenant installs any office equipment which uses substantial additional amounts of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfairelectricity, then Tenant shall pay directly (instead of as part of Building Operating Costs) for agrees that Landlord’s consent is required before the actual cost installation of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base Year.office equipment
Appears in 3 contracts
Sources: Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.), Lease Agreement (Cleartronic, Inc.)
Electricity. A. Landlord, at ▇▇▇▇▇▇▇▇'s expense, shall furnish electrical energy required for lighting, electrical facilities, equipment, machinery, fixtures, and appliances used in or for the benefit of Tenant's Space, in accordance with the provisions of the Lease of which this Exhibit is 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 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. Tenant agrees to an increase in the ANNUAL ESTIMATED ELECTRICAL COST TO TENANT'S SPACE and a corresponding increase in Annual Rent by an amount which will reflect the cost to Landlord of the additional electrical service to be furnished by Landlord, such increase to be effective as of the date of any such installation. If Landlord and Tenant cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof. ▇. ▇▇▇▇▇▇'s use of electrical energy in Tenant's Space shall not at any time exceed the capacity of any of the electrical conductors or equipment in or otherwise serving Tenant's Space. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service. Tenant shall not, without prior written notice to Landlord in each instance, connect to the Building electric distribution system any fixtures, appliances or equipment which operate on a voltage in excess of 120 volts nominal or make any alteration or addition to the electric system of Tenant's Space. Unless Landlord shall furnish reasonably object to the Premises electric current connection of any such fixtures, appliances or equipment, all additional risers or other equipment required therefor shall be provided by Landlord, and the cost thereof shall be paid by Tenant upon ▇▇▇▇▇▇▇▇'s demand. In the event of any such connection. Tenant agrees to an increase in the extent commercially reasonable ANNUAL ESTIMATED ELECTRICAL COST TO TENANT'S SPACE and required for normal general office usesa corresponding in Annual Rent by an amount which will reflect the cost to Landlord of the additional service to be furnished by Landlord, such increase to be effective as of the date of any such connection. The Building electrical system will be capable of providing an average of at least five (5) If Landlord and ▇▇▇▇▇▇ per square foot cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof. D. If at any time after the date of Rentable Area this Lease, the rates at which Landlord purchases electrical energy from the public utility supplying electric service to the Premises for lighting and measured load. Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of Landlord, which Landlord will not unreasonably withhold, Tenant shall not install or operate any machinery, appliances or equipment in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads)Building, or (iii) any charges incurred or taxes payable by Landlord in connection therewith, shall be increased or decreased, the Annual Rent and ANNUAL ESTIMATED ELECTRICAL COST TO TENANT'S SPACE shall be increased or decreased, as the case may be, by an amount equal to the estimated increase or decrease, as the case may be, in Landlord's cost of furnishing the electricity referred to in Paragraph A above as a result of such increase or decrease in a violation of Applicable Laws; nor connect any apparatusrates, devicecharges, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric currenttaxes. Use of five (5) If Landlord and ▇▇▇▇▇▇ per square foot cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by ▇▇▇▇▇▇▇▇ and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs as provided in Section 4.2 hereof. Any such increase or decrease shall be effective as of Rentable Area for power and lighting within the Premises per month date of the increase or decrease in such rate, charges, or taxes. ▇. ▇▇▇▇▇▇▇▇ may, at any time, elect to discontinue the furnishing of electrical energy. In the event of any such election by ▇▇▇▇▇▇▇▇: (other than electric current for Building HVACl) is referred to herein as the “Standard Consumption Amount.” Tenant Landlord agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost give reasonable advance notice of any excess electric current that may be used by Tenant or other tenants during the Base Year.such discontinuance to Tenant; (2) Landlord
Appears in 2 contracts
Sources: Lease Agreement (Docent Inc), Lease Agreement (Docent Inc)
Electricity. Section 4.01. The Fixed Rent reserved in this Lease includes the agreed sum of $20,785.44 per annum in consideration of which Landlord, as an additional service, will supply Tenant with electricity for normal use in the Demised Premises between the hours 8:00 A.M. and 6:00 P.M. on Business Days. Landlord and Tenant agree that the aforesaid sum was determined based on an electrical survey, a copy of which is annexed hereto as Schedule F and made a part hereof (the "Electric Survey"). Electricity shall be supplied 24 hours a day, seven days a week, however in the event Tenant uses electricity in excess of that contemplated in the Electric Survey, the Fixed Rent reserved herein may be increased as provided in Section 4.03 hereof. If Landlord's electric rates (i.e., the public utility rate schedule at the time in question, including all surcharges, taxes, fuel adjustments, taxes regularly passed on to consumers by the public utility, and other sums payable in respect thereof for the supply of electric energy to Landlord for the Building) are increased, the Fixed Rent reserved in this Lease shall be adjusted by applying to the sum specified above, the same percentage as such rate increase, and such adjusted Fixed Rent shall be billed by Landlord to Tenant, with effect as of the date of the increase of Landlord's electric rate. Landlord shall furnish 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 electric current by reason of any requirement, act or omission of the public utility serving the Building with electricity or for any other reason not attributable to the extent commercially reasonable and required for normal general office usesLandlord. The Building electrical system will be capable of providing an average of at least five (5) ▇▇▇▇▇ per square foot of Rentable Area to the Premises for lighting and measured load. Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of At Landlord, which Landlord will not unreasonably withhold's option, Tenant shall not install purchase from the Landlord or operate any machineryLandlord's agent all lighting tubes, appliances or equipment lamps, bulbs and ballasts used in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power Demised Premises and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of Landlord's reasonable charges therefor which shall be commercially competitive, for providing and installing same on demand, as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumedrent; if Landlord's charges shall cease to be commercially competitive, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs Tenant shall include the cost of providing the Standard Consumption Amount no longer be required to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant purchase same from Landlord or other tenants during the Base Year.Landlord's agent
Appears in 2 contracts
Sources: Lease (Ticketmaster Online Citysearch Inc), Lease (Citysearch Inc)
Electricity. SECTION 13.01 Landlord shall furnish install in the Building and the Premises, in accordance with the provisions of the Work Letter and the Plans and Specifications (as defined in the Work Letter) approved by Landlord, such electrical risers, feeders and wiring as shall be necessary to permit Tenant to receive electrical energy for (a) Tenant's reasonable use of normal office equipment and such lighting, electrical appliances and other machines and equipment as Landlord may reasonably permit to be installed in the Premises and (b) the operation of the heating, ventilating and air conditioning system serving the Premises; provided, however, in no event shall the electrical energy required by Tenant for such uses exceed the capacities set forth on Schedule A of the Work Letter.* Landlord will permit the electrical risers, feeders and wiring in the Building serving the Premises to be used by Tenant to the extent that they are available, suitable, safe and within the plan and design capacities for the Building.
SECTION 13.02 Tenant's use of electrical energy shall never exceed the capacity of the then existing feeders to the Building or the then existing risers or wiring installation, in each case, as properly allocable to the Premises electric current to the extent commercially reasonable and required for normal general office uses. The Building electrical system will be capable of providing an average of at least five (5) ▇▇▇▇▇ per based on square foot of Rentable Area area. In order to insure that such electrical capacity is not exceeded and to avert possible adverse effect upon the Premises for lighting and measured load. Landlord may establish commercially reasonable measures to conserve energy and waterBuilding's electrical system, including but not limited toTenant shall not, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without without the prior written consent of Landlord, which Landlord will not unreasonably withhold, Tenant shall not install make or operate perform or permit any machinery, appliances alteration to wiring installations or equipment other electrical facilities in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within serving the Premises per month or any additions to the electrical fixtures, business machines or office equipment or appliances (other than electric current for Building HVACtypewriters and similar low energy consuming office machines) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds utilize electrical energy. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the Standard Consumption Amountcost thereof shall be paid by Tenant within 10 days after being billed therefor, provided that Landlord shall not be obligated to consent to any such alteration or installation if, in Landlord's judgement, the same are unnecessary or will cause permanent damage or injury to the Building or the Premises or will cause or create a hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants. Rigid conduit only will be allowed or such other wiring or conduit which will not violate any applicable Legal Requirements.
SECTION 13.03 Landlord shall have no liability to Tenant for any loss, damage or expense which Tenant may sustain or incur by reason of any change, failure, inadequacy or defect in the supply or character of the electrical energy furnished to the Premises or if the quantity or character of the electrical energy is no longer available or suitable for Tenant's requirements, except for any actual damage suffered by Tenant by reason of any such failure inadequacy or defect caused by Landlord's negligence, and then only after actual notice as provided in Section 11.02.
SECTION 13.04 Landlord shall furnish and install all lighting, tubes, lamps, starters, bulbs and ballast required in the Premises and Tenant shall pay to Landlord or its designated contractor the then established charges therefor as Additional Rent on demand except that any such items installed at the commencement of the Term for building standard fixtures shall be at Landlord's sole cost and expense.
SECTION 13.05 If pursuant to a Legal Requirement or the policies of the public utility company servicing the Building**,/ no longer permitted to obtain electrical energy***/ Landlord will furnish electrical energy to the Premises either, at Landlord's option, on a submetering basis or a rent inclusion basis. Landlord shall install a submeter give Tenant notice at least 30 days prior to the date on each floor or floors of the Premises which Landlord shall commence furnishing electrical energy to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current unless such notice is not feasible under the circumstances in which event Landlord will give Tenant such reasonable notice as is possible), which notice will set forth the method chosen by Landlord for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount furnishing electrical energy to the Premises and other premises the terms on which Landlord will so furnish electrical energy. In the event that Tenant disputes any of such terms, Tenant shall so notify Landlord within 30 days after the giving of Landlord's notice and in the Building during event that such dispute is not resolved by Landlord and Tenant within 30 days after the Base Yeargiving of Tenant's notice, but not Tenant shall, within 30 days after expiration of such 30-day period, submit such dispute to arbitration in accordance with Article 28. Pending the cost determination of any excess electric current that may be used by such dispute, Tenant or other tenants during shall comply with all of the Base Year.terms set forth in Landlord's notice without prejudice to Tenant's position. If such dispute is ultimately determined in Tenant's favor, Landlord shall
Appears in 1 contract
Sources: Lease (Asi Solutions Inc)
Electricity. Landlord shall furnish to the Premises electric current to the extent commercially reasonable and required for normal general office uses. The Building electrical system Tenant will be capable billed for electricity for Tenant's lights and outlet consumption on a monthly basis based on an annual estimate of providing $1.00 per rentable square foot. Should the actual average expense to Landlord per square foot for Tenant's electricity be different, an average additional charge or a credit will be made at the end of each year's occupancy to be paid with or credited against the next monthly charge for Tenant's electricity. Notwithstanding the foregoing, Landlord reserv▇▇ ▇▇▇ right to assess Tenant's charge for electricity based on an engineer's survey of Ten▇▇▇'▇ electrical usage conducted from time to time or on the sub-metering of all or part of the Premises. Such charges for Tenant's electricity shall be paid by Tenant as additional rent at least five (5) t▇▇ ▇▇▇e time and in the same manner as ▇▇▇▇▇ ▇nts of Annual Rent. Tenant covenants and agrees that its use of electric current shall not exceed 4.0 watts per square foot of Rentable Area usable floor area and that its total connec▇▇▇ ▇ighting load will not exceed the maximum load from time to time permitted by applicable governmental regulations. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building's electrical system or in any other way interferes with the system's ability to perform properly, supplementary systems including check meters may, if and as needed, at Landlord's option, be provided by Landlord, at Tenant's expense. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if, during the Term of this Lease, either the quantity or character of electric current is changed or electric current is no longer available or suitable for Tenant's requirements due to a factor or cause beyond Landlord's control. Landlord reserves the exclusive right to provide electric and other utility service to the Premises Building. Tenant may request permission from Landlord (which consent may be withheld in its sole discretion) to arrange electric and other utility service exclusively serving the Premises. Should such permission be granted, however, such service shall be installed only in such locations and in such manner as shall be specifically approved by Landlord in its sole discretion, Tenant shall be responsible for lighting restoration of any damage caused by such installation and measured loadTenant shall be responsible for removal of such installations at the termination of this Lease. Landlord may establish commercially reasonable measures limit Tenant's choice of electrical or other utility providers in order to conserve energy and wateravoid proliferation of such services to the Building or for any other reason. In no event, including but not limited tohowever, automatic light shut off after Normal Working Hours shall Landlord be responsible for any damages or inconvenience caused by interruption in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use or poor quality of electricity or other utility services provided to the Premises. Without Building or the prior written consent Premises unless such damages are caused by the negligence of Landlord, which Landlord will not unreasonably withhold, Tenant shall not install its agents or operate any machinery, appliances or equipment in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amountemployees.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base Year.
Appears in 1 contract
Electricity. Landlord A. Landlord, at Landlord's expense, shall furnish electrical energy required for lighting, electrical facilities, equipment, machinery, fixtures, and appliances used in or for the 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 Premises Building electric current 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, Tenant agrees to an increase in the extent commercially reasonable ANNUAL ESTIMAT▇▇ ▇▇▇CTRICAL COST TO THE PREMISES and required for normal general office usesa corresponding increase in Annual Rent by an amount which will reflect the cost to Landlord of the additional electrical service to be furnished by Landlord, such increase to be effective as of the date of any such installation. The Building electrical system will If Landlord and Tenant cannot agree thereon, such amount shall be capable of providing an average of at least five (5) ▇▇▇▇▇▇sively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof.
C. Tenant's use of electrical energy in the Premises shall not ▇▇ per square foot any time exceed the capacity of Rentable Area any of the electrical conductors or equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall not, without prior written notice to Landlord in each instance, connect to the Premises for lighting and measured load. Landlord may establish commercially reasonable measures Building electric distribution system any fixtures, appliances or equipment which operate on a voltage in excess of 120 volts nominal or make any alteration or addition to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use the electric system of the Premises. Without Unless Landlord shall reasonably object to the prior written consent connection of Landlord, which Landlord will not unreasonably withhold, Tenant shall not install or operate any machinerysuch fixtures, appliances or equipment, all additional risers or other equipment in required therefor shall be provided by Landlord, and the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on cost thereof shall be paid by Tenant upon Landlord's demand. In the structural components event of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) such connec▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant , ▇▇nant agrees to pay directly (instead an increase in the ANNUAL ESTIMAT▇▇ ▇▇▇CTRICAL COST TO THE PREMISES such increase to be effective as of as part the date of Building any such connection. If Landlord and Tenant cannot agree thereon, such amount shall be ▇▇▇▇▇▇sively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs and provided in addition to Building Operating Costs payments pursuant to Section 5.1) for 4.2 hereof.
D. If at any time after the cost date of electric current (this Lease, the rates at rates no higher than that charged by which Landlord purchases electrical energy from the public utility providing similar supplying electric service based on average annual utility 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) used , charges, or taxes. If Landlord and Tenant cannot agree thereon, such amount shall be ▇▇▇▇▇▇sively determined by Tenant a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the ▇▇▇▇ ▇▇ Landlord will be included in the Premises which exceeds the Standard Consumption AmountLandlord's Operating Costs as provided in Section 4.2 hereof. Landlord Any such increase or decrease shall install a submeter on each floor or floors be effective as of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account date of the electric current so consumedincrease or decrease in such rate, on a monthly basis within thirty charge or taxes.
E. Landlord may, at any time, elect to discontinue the furnish▇▇▇ of electrical energy. In the event of any such election by Landlord: (301) Landlord agrees to give reasonable advance notice of any such discontinuance to Tenant (which notice shall be no less than ninety (90) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base Year.advance);
Appears in 1 contract
Electricity. a. Landlord shall furnish supply electricity to the Premises electric current to the extent commercially reasonable and required for normal general office uses. The Building electrical system will be capable of providing an average of at least five (5) supply a requirement not to exceed 4.5 ▇▇▇▇▇ per square foot of Rentable Area to the Premises usable area for lighting standard single-phase 120 volt alternating current and measured load. Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours Tenant agrees in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s its use of the Premises not to exceed such requirement and that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. In connection with Landlord's Work, Landlord shall purchase and install, at Tenant's expense, which expense shall be reasonable and shall be included in the Tenant Improvement Allowance, all lamps, tubes, bulbs, starters and ballasts for all original fluorescent tubes within the Premises. Without All other bulbs, tubes and lighting fixtures for the prior written consent of Landlord, which Premises shall be provided (at a reasonable cost) and installed by Landlord will at Tenant's cost and expense. In order to assure that the foregoing requirements are not unreasonably withholdexceeded and to avert possible adverse affect on the Building's electric system, Tenant shall not install or operate not, without Landlord's prior consent, connect any machineryfixtures, appliances or equipment to the Building's electric distribution system other than typewriters, pencil sharpeners, adding machines, hand-held or desk-top calculators, dictaphones and a computer network connected with personal computers.
b. Landlord shall install at Tenant's expense, which expense shall be reasonable and included in the Tenant Improvement Allowance, a separate meter which shall measure electric consumption (including electricity consumed in connection with the operation of the variable-air-volume (VAV) boxes used to heat and cool the Premises) in the Premises. Tenant shall pay as additional rent all amounts billed by the applicable utility company when due directly to the utility company. If, for any reason, such utility charges are not separately metered at any time during the Term, Tenant shall pay as additional rent all reasonably allocated charges attributable to the furnishing of electricity to the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amountcharges shall not exceed Landlord's actual costs therefor.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base Year.
Appears in 1 contract
Electricity. Landlord During the Lease Term, electric power will be available for the purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities and will be separately metered for the Premises. Tenant shall furnish be responsible for all payments to the Premises electric current to the extent commercially reasonable and required for normal general office usesutility authority providing electricity. The Building standard mechanical and electrical system will systems are designed to accommodate loads generated by lights and office equipment such as typewriters, dictating equipment, photocopy equipment, etc., up to the standard maximum capacities as set forth in the Work Letter attached hereto as Exhibit "B". Tenant acknowledges that Tenant's intended use of the Premises excludes material use of the Premises beyond Business Hours. Material use shall be capable deemed to mean the operation of an additional "shift", either full or part time, or use of the Premises after Business Hours in any way that may preclude or interfere with the providing an average of at least five (5) janitorial services to the Premises. In the event Tenant's use of the Premises requires more electrical power than set forth above, whether by intensity of use, load or type of equipment, Tenant may then be billed for such additional use and such ▇▇▇▇▇▇▇▇ per square foot of Rentable Area will be billed to the Premises for lighting and measured loadTenant as Rent. Landlord may establish commercially reasonable measures to conserve energy and waterwill utilize Landlord's customary method of billing Tenant for excess electrical power consumption. At Landlord's option, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of Landlord, which Landlord will not unreasonably withholdat Tenant's expense, Tenant shall not install or operate any machinery, appliances or equipment in the Premises, which will (i) create a Design Problem, (ii) may have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads)engineer estimate Tenant's usage, or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇and ▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) at standard utility rates for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall excess usage or install a submeter on each floor for the purposes of monitoring Tenant's excess power consumption. Landlord and Tenant agree that Landlord's implementation of the electrical monitoring and billing procedures set forth herein shall in no way be construed so as to deem Landlord a private or floors public utility company. Landlord reserves the right, after Business Hours, to turn off all unnecessary lighting in the unoccupied areas of the Building and the Premises to determine minimize the actual amount energy consumption of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for in both the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of common areas and the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base YearPremises.
Appears in 1 contract
Sources: Office Lease (Talk Com)
Electricity. a. Landlord shall furnish supply electricity to the Premises electric current to the extent commercially reasonable and required for normal general office uses. The Building electrical system will be capable of providing an average of at least five supply a requirement not to exceed approximately ten (510) ▇▇▇▇▇ per square foot of Premises Rentable Area to the Premises for lighting and measured load. Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours Tenant agrees in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s its use of the Premises not to exceed such requirement and that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. Except as set forth in Exhibit C, Landlord shall purchase and install all lamps, tubes, bulbs, starters and ballasts for all original fluorescent tubes within the Premises. Without All other bulbs, tubes and lighting fixtures for the prior written consent of Landlord, which Premises shall be provided and installed by Landlord will at Tenant’s cost and expense. In order to assure that the foregoing requirements are not unreasonably withholdexceeded and to avert possible adverse affect on the Building’s electric system, Tenant shall not install or operate not, without Landlord’s prior consent, connect any machineryfixtures, appliances or equipment to the Building’s electric distribution system other than standard office equipment including, without limitation, personal computers, printers, photocopiers and fax machines.
b. Landlord shall install at Landlord’s expense a separate meter or submeter which shall measure electric consumption (including electricity consumed in connection with the operation of the variable-air-volume (VAV) boxes used to heat and cool the Premises for after normal business hours operation) in the Premises, which will (i) create a Design Problemto be charged in accordance with Section 7.4.a above. Tenant shall pay as additional rent all amounts billed by the applicable utility company when due directly to the utility company. If, (ii) have an adverse effect on for any reason, such utility charges are not separately metered or submetered at any time during the structural components Term, Tenant shall pay as additional rent all reasonably allocated charges attributable to the furnishing of electricity to the Premises.
c. In the computation of Operating Costs, only the cost of electricity supplied to those portions of the Building other than those intended to be leased to tenants for their exclusive use and occupancy, or on used by the Building Systems (including any demand on Building Systems or Building Structure for its own offices, i.e., only those areas which is greater than their design loads)are so-called common areas, or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amountshall be included.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base Year.
Appears in 1 contract
Electricity. Landlord shall furnish provide electricity to the Premises electric current to through the extent commercially reasonable and required for normal general office uses. The installation in the Building as part of Landlord's Core & Shell Work of an electrical system will be capable having the capacities and characteristics specified in Exhibit F and shall separately meter the Premises as part of providing an average the Initial Tenant Work. Tenant acknowledges and agrees that such capacity is inclusive of at least five (5) any ▇▇▇▇▇ per square foot needed to operate the base building equipment servicing the Premises included in Landlord's Core & Shell Work. Tenant’s use of Rentable Area electricity provided by Landlord shall not exceed in voltage and rated capacity set forth above or the overall load that which is standard for the Building; provided, however, that if Tenant requests additional electrical service to the Premises for lighting and measured load. in excess of the current capacity, Landlord may establish commercially reasonable measures shall not unreasonably withhold, condition or delay its consent to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting formsthe provision of such additional electric service, so long as these measures do not unreasonably interfere with (a) Tenant demonstrates the need for such additional electrical service for the reasonable operation of Tenant’s use business in the Premises and (b) any and all costs and expenses associated with such additional electric service are borne solely by Tenant. Landlord shall have the right at any time and from time to time during the Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Without Landlord may require that Landlord's designated riser management company (charging reasonably competitive rates for type and quality of service provided in the prior written consent local marketplace) be used for any work done in or affecting the Buildings risers (including any Initial Tenant Work or Alteration Work). Tenant shall make its own arrangements with the Electric Service Provider for the delivery of Landlordelectricity to the Premises and for the installation of a separate meter to measure Tenant's usage, which Landlord will all at Tenant's sole cost and expense, and Tenant shall pay the Electric Service Provider for the electric service to the Premises; provided, however, that if for any reason Tenant is not unreasonably withholdbilled directly for electrical service, Tenant shall not install or operate any machinery, appliances or equipment in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) reimburse Landlord without ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) -up for the cost portion of the Building electric current (at rates ▇▇▇▇ that pertains to Tenant’s consumption of the electrical service in the Premises. Tenant shall make no higher than that charged by alterations or additions to the public utility providing similar service based on average annual utility rates) electric equipment or appliances used by Tenant in within or serving the Premises which exceeds would overload the Standard Consumption Amount. Landlord shall install a submeter CT cabinets or switches on each any floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base YearPremises.
Appears in 1 contract
Sources: Lease Agreement (Exicure, Inc.)
Electricity. 14.01. Except as otherwise provided in this Article 14, on and after the Commencement Date, Landlord shall furnish supply electricity to the Premises electric current to the extent commercially reasonable and required for normal general office uses. The Building electrical system will be capable of providing an average of at least five (5) ▇▇▇▇▇ per square foot of Rentable Area to on a submetered basis in accordance with this Section 14.01 using submeters heretofore installed in the Premises for lighting and measured load. Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with by Tenant (herein called “Tenant’s use of the Premises. Without the prior written consent of LandlordMeters”), which Landlord will not unreasonably withhold, Tenant Tenant’s Meters shall not install or operate any machinery, appliances or equipment in measure the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used electricity consumed by Tenant in the Premises then leased by Tenant hereunder, excluding any electricity consumed in connection with the production of base building HVAC or any other services that Landlord is required to provide to the Premises in accordance with the terms of this lease. The amounts to be charged to Tenant by Landlord per kilowatt (herein called “KW”) and kilowatt hour (herein called “KWHR”) pursuant to this Article 14 for electricity consumed within the Premises (and by any equipment installed by Tenant outside of the Premises) shown on Tenant’s Meters shall be one hundred (100%) percent of the average amount (herein called “Landlord’s Rate”) at which exceeds Landlord from time to time purchases each KW and KWHR of electricity for the Standard Consumption Amountsame period from the utility company, including all surcharges, taxes, fuel adjustments and sales taxes and charges regularly passed on to customers by the public utility and other sums payable in respect thereof to the public utility for the supply of electric energy to Landlord for the entire Building (which would include the utility time of day rate or similar provisions affecting the utility service classification applicable to the Building) as more specifically set forth below. Notwithstanding the foregoing, if and to the extent that any of such meters shall not be operational for any reason, Tenant agrees to pay Landlord shall install a submeter on each floor or floors for electricity pursuant to this Section 14.01 until such time as said meter(s) become operational (a) the sum of ***[$ ]***8 per rentable square foot per annum during any period and with respect to that portion of the Premises to determine the actual amount of electric current which that is not being occupied by Tenant or any other permitted occupant for business purposes, including, without limitation, any period that Tenant is utilizing performing construction in the applicable space and (b) the sum of ***[$ ]***9 per rentable square foot per annum at any time that Tenant shall occupy the Premises for business purposes; provided, however, that following the point in time after such meters have been made operational and a reasonable number of meter readings have been taken to make a determination of Tenant’s actual consumption of electricity in the Premises, such ***[$ ]*** shall be adjusted retroactively for such period prior to such meters becoming operational to equitably estimate Tenant’s actual consumption (KWHR) of electricity during such period. Tenant and its authorized representative may have access to Tenant’s Meters from time to timetime during the Term (but not more frequently than once per week) on at least one (1) day’s request (which need not be in writing) for the purpose of verifying Landlord’s meter readings. To the extent that Landlord provides an engineer or other Building representative to accompany Tenant’s employees, contractors and/or authorized representatives for the duration of Tenant’s access to Tenant’s Meters, Landlord shall provide such engineer or Building representative without additional charge to Tenant, provided that it does not require more than a reasonable amount of time (failing which Landlord shall be entitled to assess a reasonable additional charge) and further provided that the foregoing shall not be deemed to prohibit Landlord from including the salary of such engineer or Building representative in Operating Expenses subject to and in accordance with the provisions of Article 3. Landlord’s Rate shall be determined by dividing Landlord’s total ▇▇▇▇ from the utility company for each period (i.e., the aggregate amount charged for both KWs and KWHRs) by the total KWs and KWHRs consumed by the Building as shown by said ▇▇▇▇ (herein called the “Quotient”), and the charge to Tenant pursuant to this Article 14 for KW and KWHR consumed within the Premises (and by any equipment installed by Tenant outside of the Premises) in the event of submetering shall be calculated by multiplying the electricity consumed by Tenant within such period by the Quotient. If the amount appearing on the utility company invoice shall not reflect all credits, rebates, or refunds (including tax or utility credits, rebates and refunds) to be received by Landlord with respect to the electricity covered thereby, then in computing Landlord’s Rate the amount so appearing shall be reduced by the amount of all such submeter indicates credits, rebates and refunds; provided, however, that Tenant shall not be entitled 8 To be mutually agreed to reflect then-current rates or such other mutually acceptable methodology for computing electrical charges during any period that meters are not operational. 9 To reflect an amount equal to Tenant’s average electrical costs for the 12 month period preceding the date on which meters become inoperable. to the benefit of any such credit, rebate or refund, whether or not reflected on the utility company or alternate provider invoice, if and to the extent, if any, that (i) Landlord is required by law or utility requirement to pay or credit to any tenant or occupant of the Building (including Tenant) the amount of any such credit, rebate or refund, or (ii) Landlord is entitled to such credit, rebate or refund as the result of any overpayment by Landlord or miscalculation of Landlord’s electricity charges by the utility company or alternate provider. Upon Tenant’s request, Landlord shall provide Tenant with copies of Landlord’s bills from the utility company for purposes of allowing Tenant to confirm Landlord’s Rate and Landlord’s calculations of the charges payable by Tenant under this Article 14. In addition to the foregoing, Tenant shall reimburse Landlord for (a) Landlord’s reasonable actual out-of-pocket costs to read such meters and to calculate the amounts to be billed to Tenant hereunder, provided that the costs are commercially reasonable, and (b) the actual out-of-pocket cost of keeping the meter(s) and related equipment exclusively serving the Premises in good working order and repair (which may include calibration of the meters but not any replacement thereof the cost of which shall be borne by Landlord), provided that the costs of any contractors retained by Landlord to perform such repair, maintenance and calibration is reasonable. Notwithstanding anything to the contrary contained herein, where more than one (1) Tenant Meter measures the service of Tenant in the Building, such Tenant Meters shall be connected to a so-called “totalizer” or “coincidental demand meter” so that Tenant’s usage of electric current aggregate demand may be measured and billed to Tenant with the same effect as if Tenant’s aggregate demand for power and lighting the entire Premises were measured by a single Tenant Meter. The costs incurred in connection with the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amountinstallation of, and connection of Tenant’s submeters to, such totalizer or coincidental demand meter shall be borne by Tenant. In addition, Tenant shall have the right, at its sole cost and expense, upon reasonable advance written notice to Landlord and in accordance with the provisions of Article 8 hereof (including, without limitation, Landlord’s reasonable approval of plans and specifications), to wire of some or all of Tenant’s Meters to the meter or meters installed by the public utility or alternate provider to measure the Building’s electricity consumption and demand, thus enabling the peak demand measured by such Tenant Meters on a coincidental basis to be measured at the same time that the allocation of electricity costs to all tenants in Building’s peak demand is measured by the Building through Operating Costs is, therefore, materially distorted public utility or unfair, then alternate provider. Tenant shall pay directly (instead of as part of Building Operating Costs) for Landlord the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis foregoing amounts within thirty (30) days after delivery Landlord bills Tenant therefor, which bills shall be rendered on a monthly basis.
(a) If, at any time during the Term, Landlord is prohibited by Legal Requirements or the requirements of an invoice therefor. The Base Building Operating Costs the New York State Public Service Commission from supplying and charging for electricity on a submetered basis strictly in accordance with the provisions of Section 14.01, including by reason of the imposition of any tax, tariff or other cost on Landlord which under applicable Legal Requirements Landlord is not permitted to pass through in full on the basis contemplated by Section 14.01, then, at Tenant’s option (subject to the provisions of the last sentence of Section 14.05), Landlord shall include the cost of providing the Standard Consumption Amount supply electricity to the Premises (i) on a direct meter basis pursuant to Section 14.02(e) unless prohibited by Legal Requirements or the requirements of the New York State Public Service Commission from doing so, or (ii) on a rent inclusion basis pursuant to Section 14.02(b).
(b) (i) Except as expressly provided in Section 14.01, during any period in which electricity is to be supplied to the Premises on a rent inclusion basis, Landlord shall furnish electricity to the Premises (or such portion of Tenant’s electric consumption, as the case may be) on the basis that Tenant’s consumption (KW and other premises KWHR) of electricity shall be measured by electric survey made from time to time by Landlord’s consultant. Pending an initial survey made by Landlord’s consultant, effective as of the date when Landlord has commenced furnishing electricity to Tenant pursuant to this Section 14.02(b) (with suitable proration for any period of less than a full calendar month), the Fixed Rent (with respect to the portion of the Premises so affected) shall be increased by an amount (the “Initial Charge”) equal to the average of the prior twelve (12) months’ charges for submetered electric. After completion of the electrical survey made by Landlord’s consultant of Tenant’s consumption (KW and KWHR) of electricity, said consultant shall apply one hundred (100%) percent of Landlord’s Rate to arrive at an amount (herein called the “Actual Charge”) and the Fixed Rent shall be appropriately adjusted (increased or decreased) retroactively to reflect any amount by which the Actual Charge exceeds the Initial Charge or the Initial Charge exceeds the Actual Charge, as the case may be. If the Actual Charge exceeds the Initial Charge, Tenant shall pay that portion of such amount which would have been paid to the date of the determination of the Actual Charge within thirty (30) days after being billed therefor; if the Initial Charge exceeds the Actual Charge, Tenant shall be entitled to a credit against installments of the Actual Charge thereafter coming due in an amount equal to the overpayments made by Tenant up to the date of the determination of the Actual Charge. Thereafter and from time to time during the Term, Landlord may cause additional surveys of Tenant’s electrical usage to be made by Landlord’s consultant, the commercially reasonable cost of which (A) shall be shared by Tenant and Landlord equally in the Building case of the first survey done in each twelve (12) month period and (B) shall be borne solely by Landlord for each survey thereafter, and any increase or decrease in the Actual Charge resulting from such subsequent survey shall be effective as of the date such survey is conducted. Tenant from time to time (but not more frequently than twice during each twelve (12) month period occurring during the Base YearTerm) may require Landlord to have a survey made of Tenant’s electrical usage (which survey Landlord shall use reasonable efforts to have performed within thirty (30) days after its receipt of notice from Tenant requiring such survey to be performed), but not and the cost commercially reasonable fees of Landlord’s consultant making such survey(s) at Tenant’s request shall be paid by Tenant. If any excess electric current that may be used survey requested by Tenant shall determine that there has been an increase or other tenants during decrease in Tenant’s usage of electricity, then effective as of the Base Yeardate such survey is conducted, the then current Actual Charge to Tenant by reason of the furnishing of electricity to Tenant shall be increased or decreased in accordance with such survey determination.
Appears in 1 contract
Sources: Lease (Citigroup Inc)
Electricity. Landlord A. Landlord, at Landlord's expense, shall furnish electrical energy required for lighting, electrical facilities, equipment, machinery, fixtures, and appliances used in or for the 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 Premises Building electric current to 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 extent commercially reasonable and required for normal general office uses. The Building electrical system will be capable event of providing an average of at least five (5) any such connection, ▇▇▇▇▇▇ per square foot agrees to an increase in the BASE ANNUAL ELECTRICITY CHARGE which will reflect the cost to Landlord of Rentable Area the additional electrical service to be furnished by Landlord, such increase to be effective as of the date of any such installation. If Landlord and Tenant cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting fiiiii to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof.
▇. ▇▇▇▇▇▇'s use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors or equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall not, without prior written notice to Landlord in each instance, connect to the Premises for lighting and measured load. Landlord may establish commercially reasonable measures Building electric distribution system any fixtures, appliances or equipment which operate on a voltage in excess of 120 volts nominal or make any alteration or addition to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use the electric system of the Premises. Without Unless Landlord shall reasonably object to the prior written consent connection of Landlord, which Landlord will not unreasonably withhold, Tenant shall not install or operate any machinerysuch fixtures, appliances or equipment, all additional risers or other equipment in required therefor shall be provided by Landlord, and the Premisescost thereof shall be paid by Tenant upon ▇▇▇▇▇▇▇▇'s demand. In the event of any such connection, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead an increase in the BASE ANNUAL ELECTRICITY CHARGE such increase to be effective as of as part the date of Building any such connection. If Landlord and ▇▇▇▇▇▇ cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs and provided in addition to Building Operating Costs payments pursuant to Section 5.1) for 4.2 hereof.
D. If at any time after the cost date of electric current (this Lease, the rates at rates no higher than that charged by which Landlord purchases electrical energy from the public utility providing similar supplying electric service based on average annual utility to the Building, or any charges incurred or taxes payable by Landlord in connection therewith, shall be increased or decreased, the BASE ANNUAL ELECTRICITY CHARGE 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) used , charges, or taxes. If Landlord and ▇▇▇▇▇▇ cannot agree thereon, such amount shall be conclusively determined by Tenant a reputable independent electrical engineer or consulting firm to be selected by ▇▇▇▇▇▇▇▇ and paid equally by both parties, and the cost to Landlord will be included in the Premises which exceeds the Standard Consumption AmountLandlord's Operating Costs as provided in Section 4.2 hereof. Landlord Any such increase or decrease shall install a submeter on each floor or floors be effective as of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account date of the electric current so consumedincrease or decrease in such rate, on a monthly basis within thirty (30) days after delivery charge or taxes.
▇. ▇▇▇▇▇▇▇▇ may, at any time, elect to discontinue the furnishing of an invoice thereforelectrical energy. The Base Building Operating Costs shall include In the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost event of any excess electric current that may be used such election by Tenant or other tenants during the Base Year.Landlord: (1) Landlord agrees to give reasonable advance notice of any such discontinuance to Tenant;
Appears in 1 contract
Electricity. Landlord During the Lease Term, electric power will be available for the purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities and will be separately metered for the Premises. Tenant shall furnish be responsible for all payments to the Premises electric current to the extent commercially reasonable and required for normal general office usesutility authority providing electricity. The Building standard mechanical and electrical system will systems are designed to accommodate loads generated by lights and office equipment such as typewriters, dictating equipment, photocopy equipment, etc., up to the standard maximum capacities as set forth in the Work Letter attached hereto as Exhibit "B". Tenant acknowledges that Tenant's intended use of the Premises excludes material use of the Premises beyond Business Hours. Material use shall be capable deemed to mean the operation of an additional "shift", either full or part time, or use of the Premises after Business Hours in any way that may preclude or interfere with the providing an average of at least five (5) janitorial services to the Premises. In the event Tenant's use of the Premises requires more electrical power than set forth above, whether by intensity of use, load or type of equipment, Tenant may then be billed for such additional use and such ▇▇▇▇▇▇▇▇ per square foot of Rentable Area will be billed to the Premises for lighting and measured loadTenant as Other Rent. Landlord may establish commercially reasonable measures to conserve energy and waterwill utilize Landlord's customary method of billing Tenant for excess electrical power consumption. At Landlord's option, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of Landlord, which Landlord will not unreasonably withholdat Tenant's expense, Tenant shall not install or operate any machinery, appliances or equipment in the Premises, which will (i) create a Design Problem, (ii) may have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads)engineer estimate Tenant's usage, or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇and ▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) at standard utility rates for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall excess usage or install a submeter on each floor for the purposes of monitoring Tenant's excess power consumption. Landlord and Tenant agree that Landlord's implementation of the electrical monitoring and billing procedures set forth herein shall in no way be construed so as to deem Landlord a private or floors public utility company. Landlord reserves the right, after Business Hours, to turn off all unnecessary lighting in the unoccupied areas of the Building and the Premises to determine minimize the actual amount energy consumption of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for in both the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of common areas and the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base YearPremises.
Appears in 1 contract
Electricity. Landlord shall furnish to the Premises At all reasonable times, electric current to the extent commercially reasonable and as ----------- required for normal general office uses. The Building electrical system will be capable of providing an average of at least five (5) ▇▇▇▇▇ per square foot of Rentable Area to the Premises for building standard lighting and measured load. Landlord may establish commercially reasonable measures to conserve energy standard office equipment based on executive and wateradministrative use; provided, including but not limited tohowever, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of that: (i) without Landlord, which Landlord will not unreasonably withhold's consent, Tenant shall not install install, or operate any machinerypermit the installation, appliances or equipment in the PremisesPremises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (i) create a Design Problemprovided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) have an adverse effect on if Tenant shall require electric current which may disrupt the structural components provision of electrical service to other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant's payment of the Building or on cost of installing and providing any additional facilities required to furnish such excess power to the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets Premises and upon the installation in the Premises), for the purpose Premises of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred meters to herein as measure the “Standard Consumption Amount.” amount of electric current consumed, in which latter event Tenant agrees to shall pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of such meter(s) and the cost of installation, and repair thereof, as well as for all excess electric current (consumed at the rates no higher than that charged by the applicable local public utility providing similar service based on average annual utility rates) used utility, plus a reasonable amount to cover the additional expenses incurred by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed; and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of providing the Standard Consumption Amount modifications to the Premises and other premises air conditioning system. Landlord shall not, in any way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building during will not be permitted under future laws or regulations, the Base Year, but not Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost of any excess electric current that may be used by to Landlord for furnishing electricity to Tenant or other tenants during in the Base YearPremises.
Appears in 1 contract
Electricity. 15.01. Landlord shall furnish the electric energy that Tenant shall require in the Demised Premises. Tenant shall pay to Landlord, as additional rent, the costs and charges for all electric energy furnished to Tenant at the Demised Premises, 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 rent 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 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 expense at a commercially reasonable cost.
15.04. Tenant's use of electric current energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. Landlord represents that the electrical capacity of the Demised Premises is sufficient to satisfy the needs of Tenant for any commercially reasonable use based upon the improvements contemplated in Exhibit C. Landlord further states that the Landlord shall provide electricity service to the extent commercially reasonable and required for normal general office uses. The Building electrical system will be main distribution electric ▇▇▇▇ service in the closet located in the Demised Premises capable of providing an average of at least five seven (57) ▇▇▇▇▇ (electric demand load, exclusive of HVAC) per rentable square foot of Rentable Area to the Premises for lighting and measured loadfeet as a basic building service. Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s 's use of the Premises. Without the prior written consent of Landlord, which Landlord will not unreasonably withhold, Tenant shall not install or operate any machinery, appliances or equipment in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month such electricity service (other than the electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs energy costs and in addition to Building Operating Costs payments pursuant to Section 5.1) charges for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors use and operation of the Premises to determine the actual amount base Building HVAC system and all of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting its component parts) shall be separately metered, as provided in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base YearSection 15.
Appears in 1 contract
Sources: Lease Agreement (Pxre Group LTD)
Electricity. Landlord shall furnish to the Premises At all reasonable times, electric current to the extent commercially reasonable and as required for normal general office uses. The Building electrical system will be capable of providing an average of at least five (5) ▇▇▇▇▇ per square foot of Rentable Area to the Premises for building standard lighting and measured load. Landlord may establish commercially reasonable measures to conserve energy and waterfractional horsepower office machines; provided, including but not limited tohowever, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of that: (i) without Landlord, which Landlord will not unreasonably withhold's consent, Tenant shall not install install, or operate any machinerypermit the installation, appliances or equipment in the PremisesPremises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant's use of electric current in excess of that which Landlord is obligated to provide hereunder (i) create a Design Problemprovided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) have an adverse effect on if Tenant shall require electric current which may disrupt the structural components provision of electrical service to other tenants, Landlord may refuse to grant its consent or may condition its consent upon Tenant's payment of the Building or on cost of installing and providing any additional facilities required to furnish such excess power to the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets Premises and upon the installation in the Premises), for the purpose Premises of using electric current. Use of five (5) ▇▇▇▇▇ per square foot of Rentable Area for power and lighting within the Premises per month (other than electric current for Building HVAC) is referred meters to herein as measure the “Standard Consumption Amount.” amount of electric current consumed, in which latter event Tenant agrees to shall pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of such meter(s) and the cost of installation, and repair thereof, as well as for all excess electric current (consumed at the rates no higher than that charged by the applicable local public utility providing similar service based on average annual utility rates) used utility, plus a reasonable amount to cover the additional expenses incurred by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord shall install a submeter on each floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed; and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, on a monthly basis within thirty (30) days after delivery of an invoice therefor. The Base Building Operating Costs shall include Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of providing the Standard Consumption Amount modifications to the Premises and other premises air conditioning system. Landlord shall not, in any ways be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's reasonable control, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements. Tenant covenants that at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Building. If submetering of electricity in the Building during will not be permitted under future laws or regulations, the Base Year, but not Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost of any excess electric current that may be used by to Landlord for furnishing electricity to Tenant or other tenants during in the Base YearPremises.
Appears in 1 contract
Sources: Office Lease (Chemconnect Inc)
Electricity. Landlord A. Landlord, at Landlord's expense, shall furnish electrical energy required for lighting, electrical facilities, equipment, machinery, fixtures, and appliances used in or for the 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 Premises Building electric current to 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 extent commercially reasonable and required for normal general office uses. The Building electrical system will be capable event of providing an average of at least five (5) any such connection, ▇▇▇▇▇▇ per square foot of Rentable Area agrees to an increase in the Premises for lighting ANNUAL ESTIMATED ELECTRICAL COST TO THE PREMISES and measured load. a corresponding increase in Annual Rent by an amount which will reflect the cost to Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of additional electrical service to be furnished by Landlord, which Landlord will not unreasonably withhold, Tenant shall not install or operate any machinery, appliances or equipment in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components such increase to be effective as of the Building or on the Building Systems (including date of any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric currentsuch installation. Use of five (5) If Landlord and ▇▇▇▇▇▇ per square foot cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs provided in Section 4.2 hereof.
▇. ▇▇▇▇▇▇'s use of Rentable Area for power and lighting within electrical energy in the Premises per month (shall not at any time exceed the capacity of any of the electrical conductors or equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall not, without prior written notice to Landlord in each instance, connect to the Building electric distribution system any fixtures, appliances or equipment which operate on a voltage in excess of 120 volts nominal or make any alteration or addition to the electric system of the Premises. Unless Landlord shall reasonably object to the connection of any such fixtures, appliances or equipment, all additional risers or other than electric current for Building HVAC) is referred to herein as equipment required therefor shall be provided by Landlord, and the “Standard Consumption Amount.” cost thereof shall be paid by Tenant upon ▇▇▇▇▇▇▇▇'s demand. In the event of any such connection, ▇▇▇▇▇▇ agrees to pay directly (instead an increase in the ANNUAL ESTIMATED ELECTRICAL COST TO THE PREMISES such increase to be effective as of as part the date of Building any such connection. If Landlord and ▇▇▇▇▇▇ cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer or consulting firm to be selected by Landlord and paid equally by both parties, and the cost to Landlord will be included in Landlord's Operating Costs and provided in addition to Building Operating Costs payments pursuant to Section 5.1) for 4.2 hereof.
D. If at any time after the cost date of electric current (this Lease, the rates at rates no higher than that charged by which Landlord purchases electrical energy from the public utility providing similar supplying electric service based on average annual utility 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) used , charges, or taxes. If Landlord and ▇▇▇▇▇▇ cannot agree thereon, such amount shall be conclusively determined by Tenant a reputable independent electrical engineer or consulting firm to be selected by ▇▇▇▇▇▇▇▇ and paid equally by both parties, and the cost to Landlord will be included in the Premises which exceeds the Standard Consumption AmountLandlord's Operating Costs as provided in Section 4.2 hereof. Landlord Any such increase or decrease shall install a submeter on each floor or floors be effective as of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Building Operating Costs) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account date of the electric current so consumedincrease or decrease in such rate, on a monthly basis within thirty charge or taxes.
▇. ▇▇▇▇▇▇▇▇ may, at any time, elect to discontinue the furnishing of electrical energy. In the event of any such election by Landlord: (301) Landlord agrees to give reasonable advance notice of any such discontinuance to Tenant (which notice shall be no less than ninety (90) days after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the Premises and other premises in the Building during the Base Year, but not the cost of any excess electric current that may be used by Tenant or other tenants during the Base Year.advance);
Appears in 1 contract