Common use of Excess Electricity Clause in Contracts

Excess Electricity. Tenant shall at all times comply ------------------ with the rules and regulations of the utility company supplying electricity to the Building. Tenant shall not use any electrical equipment which, in Landlord's reasonable judgment, would exceed the capacity of the electrical equipment serving the Premises. If Landlord reasonably determines that Tenant's electrical requirements necessitate installation of any additional risers, feeders or other electrical distribution equipment (collectively, "Electrical Equipment") and, promptly following Landlord's written notice to Tenant of any such determination, Tenant fails to curtail its electrical requirements sufficiently to prevent the necessity of Landlord's installing any such Electrical Equipment, or if Tenant provides Landlord with evidence reasonably satisfactory to Landlord of Tenant's need for excess electricity and requests that additional Electrical Equipment be installed, Landlord shall, at Tenant's expense, install such additional Electrical Equipment, provided that Landlord, in its sole judgment, considering the potential needs of present and future Building tenants and of the Building itself, determines that (a) such installation is practicable and necessary, (b) such additional Electrical Equipment is permissible under applicable Requirements, and (c) the installation of such Electrical Equipment will not cause permanent damage or injury to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, or exceed the limits of the switchgear or other facilities serving the Building, or require power in excess of that available from the public utility serving the Building. Any costs incurred by Landlord in connection therewith shall be paid by Tenant within ten (10) days after the rendition of a xxxx therefor. Tenant shall not make or perform, or permit the making or performance of, any Alterations to wiring installations or other electrical facilities in or serving the Premises or make any additions to the office equipment or other appliances in the Premises which utilize electrical energy (other than ordinary small office equipment) without the prior consent of Landlord, in each instance, and in compliance with this Lease.

Appears in 2 contracts

Samples: Lease (Portal Software Inc), Lease (Portal Software Inc)

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Excess Electricity. Tenant shall at all times comply ------------------ with the rules and regulations of the utility company supplying electricity to the Building. Except to the extent set forth in plans and specifications approved by Landlord, Tenant shall not use install any electrical equipment which, in Landlord's ’s reasonable judgment, would exceed the capacity of the electrical equipment serving the Premises. If Landlord reasonably determines that Tenant's ’s electrical requirements necessitate installation of any additional risers, feeders or other electrical distribution equipment (collectively, "“Additional Electrical Equipment") and, promptly following Landlord's written notice to Tenant of any such determination, Tenant fails to curtail its electrical requirements sufficiently to prevent the necessity of Landlord's installing any such Electrical Equipment”), or if Tenant provides Landlord with evidence reasonably satisfactory to Landlord of Tenant's ’s need for excess electricity and requests that additional Additional Electrical Equipment be installed, Landlord shall, at Tenant's ’s expense, install such additional Additional Electrical Equipment, provided that Landlord, in its sole reasonable judgment, considering the potential needs of present and future Building tenants and of the Building itself, determines that (a) such installation is practicable and necessary, (b) such additional Additional Electrical Equipment is permissible under applicable Requirements, and (c) the installation of such Additional Electrical Equipment will not cause permanent damage or injury to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, interfere with or limit electrical usage by other tenants or occupants of the Building or exceed the limits of the switchgear or other facilities serving the Building, or require power in excess of that available from the public utility company serving the Building. Any All costs incurred by Landlord in connection therewith with any Additional Electrical Equipment shall be paid by Tenant within ten thirty (1030) days after the rendition of a xxxx therefor. Except to the extent set forth in plans and specifications approved by Landlord, Tenant shall not make or perform, or permit the making or performance of, any Alterations to wiring installations or other electrical facilities in or serving the Premises or make any additions to the office equipment or other appliances in the Premises which utilize electrical energy (other than ordinary small office equipment) without the prior consent of Landlord, Landlord in each instance. Tenant, at Tenant’s expense, shall purchase and install all lamps (including, but limited to, incandescent and fluorescent lamps), starters and ballasts used in compliance with this Leasethe Premises.

Appears in 2 contracts

Samples: Lease (Pegasystems Inc), Lease (Pegasystems Inc)

Excess Electricity. Tenant shall at all times comply ------------------ with the rules and regulations of the utility company supplying electricity to the Building. Tenant shall not use install any electrical equipment which, in Landlord's ’s reasonable judgment, would exceed the capacity of the electrical equipment currently serving the Premises. If Landlord reasonably determines that Tenant's ’s electrical requirements exceed such capacity and as a result necessitate installation of any additional risers, feeders or other electrical distribution equipment (collectively, "“Additional Electrical Equipment") and, promptly following Landlord's written notice to Tenant of any such determination, Tenant fails to curtail its electrical requirements sufficiently to prevent the necessity of Landlord's installing any such Electrical Equipment”), or if Tenant provides Landlord with evidence reasonably satisfactory to Landlord of Tenant's ’s need for excess electricity and requests that additional Additional Electrical Equipment be installed, Landlord shall, at Tenant's ’s expense, install such additional Additional Electrical Equipment, provided that Landlord, in its sole judgment, considering the potential needs of present and future Building tenants and of the Building itself, determines that (a) such installation is practicable and necessary, (b) such additional Additional Electrical Equipment is permissible under applicable Requirements, and (cb) the installation of such Additional Electrical Equipment will not cause permanent damage or injury to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, interfere with or limit electrical usage by other tenants or occupants of the Building or exceed the limits of the switchgear or other facilities serving the Building, or require power in excess of that available from the public utility company serving the Building. Any All actual out-of-pocket costs incurred by Landlord in connection therewith with any Additional Electrical Equipment shall be paid by Tenant within ten thirty (1030) days after the rendition delivery of a xxxx therefor. Tenant shall not make or perform, or permit the making or performance of, any Alterations to wiring installations or other electrical facilities in or serving the Premises or make any additions to the office equipment or other appliances in the Premises which utilize electrical energy (other than ordinary small office equipment) without the prior consent of Landlord, Landlord in each instance. Tenant, at Tenant's expense, shall purchase and install all lamps (including, but limited to, incandescent and fluorescent lamps), starters and ballasts used in compliance with this Leasethe Premises.

Appears in 1 contract

Samples: Lease (Centessa Pharmaceuticals PLC)

Excess Electricity. Tenant shall at all times comply ------------------ with the rules and regulations of the utility company supplying electricity to Electrical Service Provider. Landlord acknowledges that Tenant’s consumption of electrical service for the Building. Tenant shall Premises as of the date of this Lease does not use any electrical equipment which, in Landlord's reasonable judgment, would exceed the capacity of the electrical equipment serving the PremisesBuilding’s Electrical Equipment (as that term is defined below). If after the date hereof, Tenant increases the electricity used by Tenant in the Premises and Landlord reasonably determines that Tenant's ’s increased electrical requirements necessitate installation of any additional risers, feeders or other electrical distribution equipment (collectively, "Electrical Equipment") and, promptly following Landlord's written notice to Tenant of any such determination, Tenant fails to curtail its electrical requirements sufficiently to prevent the necessity of Landlord's installing any such Electrical Equipment”), or if Tenant provides Landlord with evidence reasonably satisfactory to Landlord of Tenant's ’s need for excess electricity and requests that additional Electrical Equipment be installed, Landlord shall, at Tenant's ’s expense, install such additional Electrical Equipment, provided that Landlord, in its sole reasonable judgment, considering the potential needs of present and future Building tenants and of the Building itself, determines that (a) such installation is practicable and necessary, (b) such additional Electrical Equipment is permissible under applicable Requirements, and (c) the installation of such Electrical Equipment will not cause permanent damage or injury to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, interfere with or limit electrical usage by other tenants or occupants of the Building or exceed the limits of the switchgear or other facilities serving the Building, or require power in excess of that available from the public utility company serving the Building. Any costs incurred by Landlord in connection therewith shall be paid by Tenant within ten (10) days after the rendition of a xxxx therefor. Tenant shall not make or perform, or permit the making or performance of, any Alterations to wiring installations or other electrical facilities in or serving the Premises or make any additions to the office equipment or other appliances in the Premises which utilize electrical energy (other than ordinary small office equipment) without the prior consent of Landlord, in each instance, and in compliance with this Lease.

Appears in 1 contract

Samples: Lease (Mindspeed Technologies, Inc)

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Excess Electricity. Tenant shall at all times comply ------------------ with the rules and regulations of the utility company supplying electricity to the Building. Tenant shall not use any electrical equipment which, in Landlord's ’s reasonable judgment, would exceed the capacity of the electrical equipment serving the PremisesPremises (which capacity is at least 5 xxxxx per usable square foot (exclusive of HVAC)). If Landlord reasonably determines that Tenant's ’s electrical requirements necessitate installation of any additional risers, feeders or other electrical distribution equipment (collectively, "Electrical Equipment") and, promptly following Landlord's written notice to Tenant of any such determination, Tenant fails to curtail its electrical requirements sufficiently to prevent the necessity of Landlord's installing any such Electrical Equipment”), or if Tenant provides Landlord with evidence reasonably satisfactory to Landlord of Tenant's ’s need for excess electricity and requests that additional Electrical Equipment be installed, Landlord shall, at Tenant's ’s expense, install such additional Electrical Equipment, provided that Landlord, in its sole judgment, considering the potential needs of present and future Building tenants and of the Building itself, determines that (a) such installation is practicable and necessary, (b) such additional Electrical Equipment is permissible under applicable Requirements, and (c) the installation of such Electrical Equipment will not cause permanent damage or injury to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, interfere with or limit electrical usage by other tenants or occupants of the Building or exceed the limits of the switchgear or other facilities serving the Building, or require power in excess of that available from the public utility company serving the Building. Any costs incurred by Landlord In addition, if Landlord, acting reasonably and in connection therewith shall be paid by Tenant good faith, determines that the electrical usage of a portion of the Premises (such as a data center or trading room) exceeds the Building standard usage (as determined as set forth hereinabove), Tenant, at Tenant’s expense, shall, within ten (10) 30 days after the rendition of a xxxx therefor. Tenant shall not make or performLandlord’s written demand, either (a) discontinue such excessive use, or permit (b) install a submeter for such portion of the making or performance of, any Alterations to wiring installations or other electrical facilities in or serving the Premises or make any additions to the office equipment or other appliances in the Premises which utilize electrical energy (other than ordinary small office equipment) without the prior consent of Landlord, in each instance, and in compliance with this LeasePremises.

Appears in 1 contract

Samples: Lease (Durata Therapeutics, Inc.)

Excess Electricity. Tenant shall at Use If any or all times comply ------------------ with the rules and regulations of Tenant's equipment that is "Approved Equipment" requires electricity consumption in excess of the utility company supplying capacity of the electrical system installed by Landlord in the Premises, all additional transformers, distribution panels and wiring that may be required to provide the amount of electricity to required for Tenant's equipment shall be installed by Landlord at the Buildingcost and expense of Tenant. Tenant shall not use If Landlord determines at any electrical equipment whichtime, in Landlord's reasonable judgmentdiscretion, would exceed that Tenant is using excess utilities based on the capacity of the electrical equipment serving the Premises. If Landlord reasonably determines that Tenant's electrical requirements necessitate installation of any additional risers, feeders or other electrical distribution equipment (collectively, "Electrical Equipment") and, promptly following Landlord's written notice to Tenant of any such determination, Tenant fails to curtail its electrical requirements sufficiently to prevent the necessity of Landlord's installing any such Electrical Equipment, or if Tenant provides Landlord with evidence reasonably satisfactory to Landlord proportion of Tenant's need for excess electricity and requests that additional Electrical Equipment be installed, Landlord shall, at Tenant's expense, install such additional Electrical Equipment, provided that Landlord, in its sole judgment, considering use to the potential needs of present and future Building tenants and of the Building itself, determines that (a) such installation is practicable and necessary, (b) such additional Electrical Equipment is permissible under applicable Requirements, and (c) the installation use of such Electrical Equipment will not cause permanent damage or injury to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, or exceed the limits of the switchgear or utility services by other facilities serving tenants in the Building, or if Tenant's equipment (including lighting) is to be consistently operated beyond the Normal Building Hours, Landlord may install or require power in excess Tenant to install, at its option: (i) a separate electric meter for the Premises at Tenant's sole cost and expense; or (ii) a separate meter for the specific equipment that is causing Tenant's excessive consumption of that available from electricity at Tenant's sole cost and expense. Prior to installation of a separate meter, Landlord shall notify Tenant of the public utility serving anticipated costs or charges associated with the Buildinginstallation of a separate meter. Any costs incurred In the event Landlord installs or requires to be installed a separate meter for the Premises, Tenant shall then pay the cost of electricity it consumes as recorded by such meter directly to the electric company, and an appropriate adjustment shall be made to Tenant's proportionate share of Operating Expenses to reflect Tenant's reduced consumption of electricity because of such separate metering of the Premises. In the event the specific equipment is separately metered, Tenant shall be billed periodically by Landlord in connection therewith based upon such consumption and no adjustment shall be paid made to Tenant's proportionate share of Operating Expenses. Landlord agrees that Tenant's additional HVAC for Tenant's server room as detailed in the drawings prepared by Tenant within ten (10) days after the rendition of a xxxx therefor. Tenant MOA Architectural Partnership dated February 14,2003, shall not make or perform, or permit the making or performance of, any Alterations to wiring installations or other electrical facilities in or serving the Premises or make any additions to the office equipment or other appliances in the Premises which utilize electrical energy (other than ordinary small office equipment) without the prior consent of Landlord, in each instance, and in compliance with this Leasebe deemed "Excess Electricity Usage".

Appears in 1 contract

Samples: Office Lease (Xedar Corp)

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