Common use of Excess Utility Use Clause in Contracts

Excess Utility Use. Landlord shall not be required to furnish electrical power that exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 3 contracts

Samples: Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.), Lease Agreement (Veracyte, Inc.)

AutoNDA by SimpleDocs

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s 's sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 2 contracts

Samples: Iv Lease (Biomira CORP), Security Agreement (Biomira Inc)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power that current for special lighting, computers and other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service Normal Usage through the then-existing feeders and risers serving the Building and the PremisesPremises (not to exceed, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretionhowever, 6.5 xxxxx per rentable square foot); , and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (1) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage electrical current in excess of 110 volts Normal Usage unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, personal computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 2 contracts

Samples: Lease Agreement (Silicon Laboratories Inc), Lease Agreement (Silicon Laboratories Inc)

Excess Utility Use. Landlord shall not be required to furnish ------------------ electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17.(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 2 contracts

Samples: Lease Agreement (Verisity LTD), Lease Agreement (Tenfold Corp /Ut)

Excess Utility Use. Landlord shall is not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of 's Permitted Use as set forth on Tenant's electrical and HVAC plans described in the electrical capacity of the Building floor Workletter, except that Landlord will provide seven (7) xxxxx per foot on which the Premises are located made available for general tenant usagefloors 18 and above and five (5) xxxxx per foot on floors 17 and below. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.15.1 above, Landlord shallwill, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall agrees to pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice thereforfor such services. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall may not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts normal office usage or otherwise exceeding Building capacity unless approved in advance and in writing by Landlord, which approval shall will not be unreasonably withheld. Tenant shall agrees not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed which exceeds the capacity of existing feeders and risers to or wiring in the Premises. Any If approved by Landlord, any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s written request, will be installed by Landlord, upon Tenant's request and at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall will not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, alterations or repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereofsuch cost, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall will be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)such cost.

Appears in 2 contracts

Samples: Disturbance and Attornment Agreement (Coolsavings Com Inc), Lease Agreement (Coolsavings Com Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17.(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 2 contracts

Samples: Lease Agreement (Panoramic Care Systems Inc), Lease Agreement (Virtusa Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s 's sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To Landlord acknowledges that, to Landlord's knowledge, Tenant's existing (i.e. as of the extent practicable, and Execution Date of this Lease) electrical consumption does not exceed normal office usage. Landlord's obligation to furnish services under Section 7(a) shall be subject to Landlord’s the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days' prior written consentnotice to Tenant, not discontinue any such service to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usagepaying all deposits for, and costs relating to, such service. Landlord shall use reasonable efforts to restore any portions service required of the Premises it that becomes unavailable; however, such unavailability shall not covered by the separate submeter(s)render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant's obligations hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Zix Corp)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power that current for special lighting, computers and other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service Normal Usage through the then-existing feeders and risers serving the Building and the PremisesPremises (not to exceed, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretionhowever, 6.5 xxxxx per rentable square foot); , and Tenant shall pay to Landlord the actual cost to provide such service plus an administrative fee of Landlord equal to ten percent (10%) of the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefortherefore. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of causing a separate meter to be installed in the Premises Premises. Such meter will be installed, maintained, and read by Landlord, Landlord at Tenant’s expenseexpense (which amounts will be included in the invoice to Tenant). Tenant shall not install any electrical equipment requiring special wiring or requiring voltage electrical current in excess of 110 volts Normal Usage unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgmentcommercially reasonable judgment taking into consideration the Building as a whole, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, personal computers, printers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord or Tenant may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefortherefore. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s(c).

Appears in 1 contract

Samples: Lease Agreement (Arthrocare Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17.(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Art Technology Group Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power that exceeds Tenant’s (i) In the event Tenant ------------------ installs lighting in excess of building standards or in the event the total electric energy usage through floor proportionate share of the electrical capacity of the Building floor on which outlets for the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed exceeds the electricity to be provided by Landlord as described in Section 7.1aforesaid allowance, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both; a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. (ii) Landlord shall provide heat and air conditioning to the Premises and to the common areas of the Property at temperatures for normal occupancy and general office use during normal business hours. In the event Tenant requests heating or air conditioning at times other than during normal business hours, Tenant shall pay for such usage, as Additional Rent, at rates to be determined by Landlord from time to time. In the event Tenant utilizes any heat generating machines or equipment with the Premises, or in the event Tenant installs lighting in excess of building standards, Landlord reserves the right to invoice Tenant for any additional air conditioning usage, or install supplementary air conditioning units to the Premises; and the cost of installation, operation and maintenance thereof shall be payable by Tenant as Additional Rent. In the event the premises contain or are serviced by any heating or air conditioned equipment which is above building standard, and which Landlord allows Tenant to use, Tenant shall accept equipment in its present "AS IS" condition, and thereafter be wholly liable for all costs in connection with the operation, maintenance, repair and replacement of such equipment. (iii) Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To In the extent practicableevent any of Tenant's utility use is separately metered, and subject to Landlord’s prior written consent, the respective provisions of this subsection shall not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)apply.

Appears in 1 contract

Samples: Lease (Intira Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 220 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office and laboratory usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.16(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 220 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any Notwithstanding any provisions in this Lease to the contrary, any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) materially adversely affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord Landlord, after consulting with Tenant for the purpose of cooperation to develop a reasonable solution, may install supplemental air conditioning units or other supplemental equipment in the PremisesPremises designed to remedy the adverse effect or overload, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To Tenant acknowledges that, currently, current for 110 volts is supplied to the extent practicable, Premises and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, that all costs associated in supplying the 220 volts required by Tenant shall have the right to elect, at be borne by Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Palatin Technologies Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usageNormal Office Usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1Normal Office Usage, Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service as determined pursuant to the following sentence within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may shall determine the amount of such additional consumption and potential consumption of electricity by any verifiable method, including Tenant by installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant's expense, which separate meter shall be installed by Landlord prior to the Actual Delivery Date and, at Tenant’s expenseelection, the cost of such installation may be funded from the Construction Allowance. In addition to Tenant's actual usage of electricity (as indicated by such separate meter(s)), Tenant shall also pay Tenant's Proportionate Share of electricity used for the Project's common areas. Tenant shall not install any electrical equipment requiring special wiring voltage or requiring voltage amperage in excess of 110 volts Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretiondelayed or conditioned. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's reasonable judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord shall notify Tenant in writing thereof and thereafter Tenant shall have 30 days to remove the equipment and/or install supplemental air conditioning, failing which Landlord may install supplemental air conditioning units or other supplemental equipment in the PremisesPremises (whose use shall be monitored through installation of a separate meter), and the actual cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case case, plus an administrative fee of 1510% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord on the next date for the payment of Basic Rent occurring at least 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicableLandlord shall notify Tenant at least two Business Days (except in cases of real or apparent Emergency, and subject in which case no notice shall be required) prior to Landlord’s prior written consent, not to be unreasonably withheld, conditioned installation of supplemental air conditioning units or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption other supplemental equipment in the entire Premises as described above. Landlord covenants and agrees to use commercially reasonable efforts to ensure that each other tenant or any portion thereof. If other occupant in the Building using utilities or services furnished by Landlord materially in excess of those consumed by Tenant elects, and Landlord approves, separately submetering other tenants or occupants in the any portion of the Premises, Landlord and Tenant Building generally shall enter into an amendment to this Lease revising Tenant’s obligations pay for the payment of Electrical Costs, including separately submetered electricity such excess usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Blucora, Inc.)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power current for computers, electronic data processing equipment, special lighting, equipment that requires more than I IO volts, or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service normal office usage through the then-then existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption consumption, by any verifiable method, including installation either or both: (i) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Xxxxxxxx and paid for by Tenant; or (ii) a separate meter in the Premises installed, maintained, and read by LandlordXxxxxxxx, at Tenant’s Xxxxxx's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 I 10 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s Xxxxxx's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Jayhawk Acceptance Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 408 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available what is typical and customary for general tenant usagelaboratory use. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17.(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts exceeding Building capacity unless approved in advance by Landlord, which approval consent shall not be unreasonably withheld. , conditioned or delayed, provided that Tenant shall not install agree to be responsible for any electrical equipment requiring voltage in excess and all costs associated with the installation of such equipment, and the removal thereof at the end of the prorata capacity available to Tenant as of the date term of this Lease unless approved in advance if so requested by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects materially adversely affect the temperature otherwise maintained by the air conditioning HVAC system or (2) otherwise overloads overload any utilityutility beyond customary machinery or equipment required for laboratory use by Tenant, Landlord may install supplemental air conditioning HVAC units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Soaring Eagle Acquisition Corp.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a) above, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor, together with reasonable supporting evidence. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to to, or wiring in in, the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s commercially reasonable judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects that affect the temperature otherwise maintained by the air air-conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air air-conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% three percent (3%) of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)together with reasonable supporting evidence.

Appears in 1 contract

Samples: Lease Agreement (Glu Mobile Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s 's sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Cardionet Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usageStandard Electrical Capacity. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1Premises Standard Electrical Capacity, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential utility consumption by any verifiable method, including installation of a separate meter or monitor in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheldgranted or withheld in Landlord’s sole discretion. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon TenantXxxxxx’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s sole judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% ten percent (10%) of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Deed of Lease Agreement (Evolent Health, Inc.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a) above, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor, together with reasonable supporting evidence. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to to, or wiring in in, the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects that affect the temperature otherwise maintained by the air air-conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air air-conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such costcase, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)together with reasonable supporting evidence.

Appears in 1 contract

Samples: Lease Agreement (Hipcricket, Inc.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a) above, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the actual, reasonable cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor, together with reasonable supporting evidence. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to to, or wiring in in, the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (bother than typical desktop computers, lap top computers (which are currently used by all Tenant employees), scanners, fax machines, communal printers, and desktop printers and similar desktop equipment) operates within the Premises at a density, either of which (1) affects that materially and unreasonably affect the temperature otherwise maintained by the air air-conditioning system or (2) otherwise overloads overload any utility, then after 30 days’ notice to Tenant, Landlord may install supplemental air air-conditioning units or other supplemental equipment in the Premises, and the reasonable, actual, out of pocket cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% five percent (5%) of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)together with reasonable supporting evidence.

Appears in 1 contract

Samples: Lease Agreement (Avalara Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds normal office usage as reasonably determined by Landlord and Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. However, notwithstanding the foregoing, all equipment, machinery and appliances shown on Exhibit A are deemed to be pre-approved by Landlord. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Section 7(a) shall be subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost rules and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion regulations of the Premises, Landlord supplier of such services and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, governmental rules and any portions of the Premises not covered by the separate submeter(s)regulations.

Appears in 1 contract

Samples: Office Lease Agreement (Triangle Capital CORP)

Excess Utility Use. Landlord shall not be required to furnish electrical power for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential utility consumption by any verifiable method, including installation of a separate meter or monitor in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Dicerna Pharmaceuticals Inc)

Excess Utility Use. Tenant shall obtain all water, electricity, sewerage, gas, telephone and other utilities for the Premises directly from the public utility company furnishing same. Any meters required in connection therewith shall be installed at Tenant’s sole cost. Tenant shall pay all utility deposits and fees, and all monthly service charges for water, electricity, sewage, gas, telephone and any other utility services furnished to the Premises during the Term of this Lease. In the event any such utilities are not separately metered on the Commencement Date, then until such time as such services are separately metered, Tenant shall pay Landlord Tenant’s equitable share of the cost of such services, as determined by Landlord. If for any reason the use of any utility is measured on a meter(s) indicating the usage of Tenant and other tenants of the Building, Tenant and such other tenants shall allocate the cost of such utility amongst themselves and shall each be responsible for the payment of its allocable share. Landlord shall furnish and install all piping, feeders, risers and other connections necessary to bring utilities to the perimeter walls of the Premises. The Premises shall be provided with the ability to utilize 400 amps of 277/480 volt, 3-phase power. Landlord makes no representation as to the electrical capacity being suitable for the Permitted Use (as set forth in the Basic Lease Information). It shall be the responsibility of Tenant to verify the adequacy of the available power for Tenant’s equipment. Anything to the contrary notwithstanding, Tenant shall remain obligated for the payment of Tenant’s Proportionate Share (as defined in the Basic Lease Information) of any utilities or services furnished to the Common Areas (as defined in Section 7(c)) pursuant to Exhibit C. Landlord shall not be required liable for any interruption whatsoever, nor shall Tenant be entitled to furnish electrical power that exceeds Tenant’s floor proportionate share an abatement or reduction of the electrical capacity of the Building floor Rent on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described account thereof, in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expenseutility services. Tenant shall not install any electrical equipment requiring special wiring which exceeds or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed overloads the capacity of existing feeders and risers to or wiring in the utility facilities serving the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Industrial Lease Agreement (Parametric Sound Corp)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power current for computers, electronic data processing equipment, special lighting, equipment that requires more than 110 volts, or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service normal office usage through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval consent shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretionor delayed. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the reasonable cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Service Agreement (American Physician Partners Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon TenantXxxxxx’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the actual cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% [***] of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Rocket Companies, Inc.)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power current for computers, electronic data processing equipment, special lighting, equipment that requires more than 110 volts, or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service normal office usage through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (i) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (ii) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding capacity of the feeders or lines to the Building or the risers or wiring installation of the Building or the Premises unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenanttenant’s excess electrical requirements shall, shall upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Buildingbuilding. If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, use and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Sublease Agreement (Legalzoom Com Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. , If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Mimecast LTD)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power that current for computers, electronic data processing equipment, special lighting, Liebert units, or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service Electrical Standard through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (1) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Xxxxxxxx and paid for by Tenant; or (2) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s Xxxxxx's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts the Electrical Standard unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s Xxxxxx's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To Landlord agrees that Tenant may elect to install supplemental HVAC equipment for the extent practicablePremises (i) in connection with the performance of the Work, in accordance with and subject to the terms and conditions, and the approval rights of Landlord’s prior written consent, not to set forth in EXHIBIT D and the other provisions of this Lease; or (ii) as permitted under Section 8.(a); provided that all such supplemental HVAC equipment shall be unreasonably withheld, conditioned or delayed, operated and maintained by Tenant shall have the right to elect, at Tenant’s 's sole cost and expenseexpense and shall be separately metered for electrical and chilled water consumption, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into pay to Landlord the actual cost for such electrical and chilled water consumption within thirty (30) days after Landlord has delivered to Tenant an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)invoice therefor.

Appears in 1 contract

Samples: Basic Lease (Inet Technologies Inc)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power current for computers, electronic data processing equipment, special lighting, equipment that requires more than 110 volts, or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service normal office usage through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefortherefore. Landlord may I-nay determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (i) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (ii) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in writing in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s judgment, the same if they are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of Of the Building. If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise Otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)therefore.

Appears in 1 contract

Samples: Lease Agreement (Greenway Technologies Inc)

Excess Utility Use. To the extent available in Landlord’s sole discretion, Landlord shall make available to Tenant 90 tons of HVAC capacity for the Premises (the “Additional HVAC Capacity”). If Landlord determines that such capacity is not available, then Tenant may elect as part of the Tenant’s Work to install supplemental roof-top HVAC to service the Premises. Should Tenant elect to install a dedicated HVAC unit for the Premises or if Landlord makes the Additional HVAC Capacity available to Tenant, Tenant shall be solely responsible for all associated installation costs and maintenance and utility costs. In each such event, Tenant must install an emon demon unit or a watt watcher, at Tenant’s sole cost and expense, to monitor Tenant’s electrical and water usage and, if applicable, any other equipment specific to Tenant’s operations that runs on a 24 hour/day, 7 day/week basis (or other basis which results in over-standard utilization) and/or with respect to Tenant’s usage of the Additional HVAC Capacity. Tenant shall be billed monthly for such charges which shall be due and payable within thirty (30) days of receipt of Landlord’s billing therefor. Other than as set forth in Exhibit K, Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), and following delivery of written notice to Tenant and Tenant’s continued excess energy consumption, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s reasonable judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, repairs or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may may, following delivery of notice to Tenant and Tenant’s failure to cease overloading such utility within ten (10) days following receipt of written notice from Landlord, install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, use and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Section 7(a) shall be subject to Landlord’s the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days’ prior written consentnotice to Tenant, not discontinue any such service to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and for paying all deposits for, and costs relating to, such service. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall enter into an amendment to this Lease revising any abatement of Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Guidewire Software, Inc.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usagerequires more than six (6) wxxxx per usable square foot. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Section 7(a) shall be subject to Landlord’s the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days’ prior written consentnotice to Tenant, not discontinue any such service to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and for paying all deposits for, and costs relating to, such service. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall enter into an amendment to this Lease revising any abatement of Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Interpace Biosciences, Inc.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts (except 208 volts for certain kitchen, lab, data center and office equipment) or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the actual cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may shall determine the amount of such additional consumption and potential consumption by any a reasonable, verifiable method, including installation of a separate meter submeter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts (except 208 volts for certain kitchen, lab, data center and office equipment) unless approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Except as otherwise set forth in this Lease; Tenant shall not install any electrical equipment requiring voltage in excess of the prorata ofBuilding capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s 's sole discretion. The Notwithstanding the foregoing or Section 9 of this Lease, Tenant's use of electricity for normal and customary office and kitchen equipment in reasonable and customary amounts for those spaces of the Building 1 Premises and Building 2 Premises to be used by Tenant as normal and customary office and kitchen space shall not require Landlord's prior approvaL Notwithstanding the foregoing or Section 9 of this Lease, Tenant's use of electricity in the designated spaces in the Building 1 Premises and Building 2 Premises as lab andlor data center facilities shall not be a violation ofthis Lease provided that such usage, in the aggregate, does not exceed the capacity of existing feeders and risers amperage, voltage or other specifications set forth in this Lease, which Landlord agrees that it shall provide to or wiring in the Premiseseach such area. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s judgment, the ifthe same are necessary or appropriate and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, condition or interfere with or disturb other tenants of the BuildingBuildings, all in Landlord's reasonable determination. If Except as permitted above, if Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects demonstrably and materially affect the temperature otherwise maintained by the air conditioning system in ways or amounts not found in office space, Landlord, upon thirty (230) otherwise overloads any utilitydays' prior notice to Tenant (during which time Tenant shall not have discontinued such use or installed appropriate supplemental air conditioning), Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the reasonable cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% 11 one (1 %) of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s(c).

Appears in 1 contract

Samples: HTM Lease Agreement

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power current for computers, electronic data processing equipment, special lighting, equipment that requires more than 110 volts, or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service normal office usage through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (i) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Xxxxxx; or (ii) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not shxxx xot install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed bx xxxxalled by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. Buidlling If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Basic Lease Information (Jayhawk Acceptance Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential utility consumption by any verifiable method, including installation of a separate meter or monitor in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable6 7272 Old Town 0000 Xxxx Xxxxxx Xxxxxx Xxxx Scottsdale, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).Arizona 85251

Appears in 1 contract

Samples: Lease Agreement (Signing Day Sports, Inc.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 120/208 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method. If Tenant’s equipment exceeds the electrical energy consumption allowed herein, Landlord may take reasonable action to measure such excess consumption, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 120/208 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s 's sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises; provided that Landlord represents and warrants to Tenant that the feeders and risers to and wiring in the Premises are sufficient for normal office usage. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects unreasonably affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case case, plus an administrative fee of 1510% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Taysha Gene Therapies, Inc.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for any equipment that exceeds Tenantconsumes more than 0.65 kilowatts as rated capacity, requires voltage other than 120 volts, single phase, or requires the use of self-contained HVAC units. In the event Tenant requires additional HVAC or electric current capacity, subject to Exhibit D, Tenant shall have the right to install such additional services as necessary subject to Landlord’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usageapproval. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Section 7(a) shall be subject to Landlord’s the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days’ prior written consentnotice to Tenant, not discontinue any such service to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and for paying all deposits for, and costs relating to, such service. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall enter into an amendment to this Lease revising any abatement of Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Markit Ltd.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord Xxxxxxxx may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Energytec Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17.(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing or additional, Landlord approved feeders and risers to or wiring in the Premises. Landlord acknowledges that it has been informed that Tenant has equipment that requires electrical power in excess of what currently exists, including additional electrical power equipment to be located on the roof of the Building and Landlord agrees that such equipment shall be permitted, subject to Landlord's approval of the method of installation and electrical and building code requirements. Any risers or wiring required to meet Tenant’s Xxxxxx's excess electrical requirements shall, upon Tenant’s Xxxxxx's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's reasonable judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Satcon Technology Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor, which cost shall not exceed the charge therefor by the applicable service provider. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Section 7(a) shall be subject to Landlord’s the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days’ prior written consentnotice to Tenant, not discontinue any such service to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usagepaying all deposits for, and any portions of the Premises not covered by the separate submeter(s)costs relating to, such service.

Appears in 1 contract

Samples: Office Lease Agreement (Optio Software Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power that exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make use reasonable efforts to supply such service furnish ------------------- electrical current for a reasonable number of computers, electronic data processing equipment, special lighting, and other equipment that requires more than 110 volts, or other equipment whose electrical energy consumption exceeds normal office usage through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefortherefore. Landlord may determine the The amount of such additional consumption and potential consumption shall be paid by any verifiable method, including installation of Tenant and shall be determined by a separate meter in the Premises installed, maintained, and read which shall be installed by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)therefore.

Appears in 1 contract

Samples: Lease Agreement (Yp Net Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usagenormal office usage . If Tenant’s Tenants requirements for or consumption of electricity exceed the electricity electric to be provided by Landlord as described in Section 7.16.(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-then- existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); . and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, Landlord at Tenant’s 's cost, if, if in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Finantra Capital Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. If Landlord believes that Tenant is consuming a disproportionate amount of electricity, or if Tenant is requesting to install additional equipment in the Premises, Landlord may determine the amount of such additional consumption and potential consumption by any commercially reasonable, verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (RetailMeNot, Inc.)

Excess Utility Use. Landlord shall not be required use reasonable effo11s to furnish electric al current for computers, electronic data processing equipment, special lighting, equipment that requires more than 110 volts, or other equipment whose electrical power that energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service normal office usage through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefortherefore. Landlord may determine the amount of such additional consumption and potential ​ ​ ​ ​ ​ ​ ​ consumption by any verifiable method, including installation either or both: (1) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s ' s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in as for the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefortherefore. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (ClearSign Technologies Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usagenormal office usage (as described above). If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of other than Permitted Equipment which (1) affects materially affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, then Landlord and Tenant shall cooperate to reach a mutually acceptable solution. If no alternative solution is mutually agreed upon, then Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Section 7 shall be subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost rules and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion regulations of the Premisessupplier of such services and governmental rules and regulations. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord and liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall enter into an amendment to this Lease revising any abatement of Tenant’s obligations hereunder; provided, however, that if the service is interrupted for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, more than forty-eight (48) consecutive hours and any portions of the Premises not covered such interruption is caused by the separate submeter(s)gross negligence or willful misconduct of a Landlord Party or a default under this Lease by Landlord, then Gross Rent shall xxxxx until it is restored.

Appears in 1 contract

Samples: Office Lease Agreement (Cray Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.16.(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any reasonable and verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretiondelayed or conditioned. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's reasonable judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).supplemental

Appears in 1 contract

Samples: Lease Agreement (Digital Solutions Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts (except 208 volts for certain kitchen, lab, data center and office equipment) or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the actual cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may shall determine the amount of such additional consumption and potential consumption by any a reasonable, verifiable method, including installation of a separate meter submeter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts (except 208 volts for certain kitchen, lab, data center and office equipment) unless approved in advance by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Except as otherwise set forth in this Lease; Tenant shall not install any electrical equipment requiring voltage in excess of the prorata ofBuilding capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s 's sole discretion. The Notwithstanding the foregoing or Section 9 of this Lease, Tenant's use of electricity for normal and customary office and kitchen equipment in reasonable and customary amounts for those spaces of the Building 1 Premises and Building 2 Premises to be used by Tenant as normal and customary office and kitchen space shall not require Landlord's prior approvaL Notwithstanding the foregoing or Section 9 of this Lease, Tenant's use of electricity in the designated spaces in the Building 1 Premises and Building 2 Premises as lab andlor data center facilities shall not be a violation ofthis Lease provided that such usage, in the aggregate, does not exceed the capacity of existing feeders and risers amperage, voltage or other specifications set forth in this Lease, which Landlord agrees that it shall provide to or wiring in the Premiseseach such area. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s judgment, the ifthe same are necessary or appropriate and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, condition or interfere with or disturb other tenants of the BuildingBuildings, all in Landlord's reasonable determination. If Except as permitted above, if Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects demonstrably and materially affect the temperature otherwise maintained by the air conditioning system in ways or amounts not found in office space, Landlord, upon thirty (230) otherwise overloads any utilitydays' prior notice to Tenant (during which time Tenant shall not have discontinued such use or installed appropriate supplemental air conditioning), Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the reasonable cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% one (1 %) of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Ciena Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, Landlord approves the installation of equipment in the Lab Area that requires 220 volts provided no more than 12 such pieces of equipment shall be located therein. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s 's sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines machines, lighting or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case case, plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Aeglea BioTherapeutics, Inc.)

AutoNDA by SimpleDocs

Excess Utility Use. Except as expressly set forth in the Working Drawings (as defined in Exhibit D hereto) approved by Landlord, Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.16.(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. If Landlord installs separate meters in the Premises after the date of this Lease and thereafter Landlord fails to continuously utilize such separate meters, within 30 days following Tenant's written notification to Landlord thereof Landlord shall reimburse Tenant's actual out-of-pocket expenses incurred by Tenant after the date of this Lease in connection with the installation of such separate electric meters. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (First Consulting Group Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed xx xxstalled by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Institutional Equity Holdings Inc /Nv/)

Excess Utility Use. Landlord shall not be required to furnish electrical power current above and beyond that exceeds Tenant’s floor proportionate share of specifically set forth in the electrical capacity of the Building floor on which the Premises are located made available for general tenant usageApproved Plans. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.15.1, Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Leased Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (a) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (b) a separate meter in the Leased Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts that specifically set forth in the Approved Plans or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Leased Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Leased Premises. Any feeders, risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's reasonable judgment, the same are necessary and shall not cause permanent damage or injury to the Building or the Leased Premises, cause or of create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment equipment, or otherwise generates heat, in the Leased Premises or (b) operates within the Premises at a density, either of which (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Leased Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Building Lease Agreement (Ameritrade Holding Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power that exceeds Tenant’s floor proportionate share of the current for electrical capacity equipment requiring special wiring or requiring voltage in excess of the Building floor on which the Premises are located made available for general tenant usageStandard Rated Electrical Design Load. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1Building Standard Rated Electrical Design Load, then Landlord shall, at Tenant’s expense, make reasonable efforts to supply such excess service through the then-then existing feeders and risers serving the Building and the Premises, provided that such service does not exceed 8 xxxxx per square foot of Net Rentable Area in the additional use aggregate (subject to the terms of Section 6.(a)). Prior to Landlord performing (or causing performance of) any work in connection with the supply of such feeders excess service, Landlord shall coordinate with Tenant to determine the approximate cost of supplying such service, and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability Tenant may elect to provide reasonable electrical service withdraw its request for such service, upon written notice to Landlord to be delivered prior to the balance performance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay any work necessary to Landlord the cost of supply such service within 30 days after Landlord has delivered to Tenant an invoice thereforexcess service. Landlord may determine the amount of such additional consumption and potential consumption by any reasonably verifiable method, including installation of a separate meter in the Premises installed, maintained, maintained and read by Landlord, at Tenant’s reasonable expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts the Building Standard Rated Electrical Design Load unless approved in advance in writing by Landlord, which approval shall will not be unreasonably withheld, conditioned or delayed. 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 may elect (each, an “Electric Service Provider”). Tenant shall not install have, and hereby waives, the right to contract directly with any electrical equipment requiring voltage in excess of the prorata capacity available to Electric Service Provider. Tenant as of the date of this Lease unless approved in advance by shall reasonably cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord (during normal business hours, except in cases of a bona fide emergency, in which approval may be withheld in Landlordevent Landlord shall have access at all times) and such Electric Service Provider reasonable access to the Building’s sole discretionelectric lines, feeders, risers, wiring and any other machinery within the Premises. The use of electricity in the Premises shall not exceed the capacity 8 xxxxx per square foot of existing feeders and risers to or wiring Net Rentable Area in the Premisesaggregate. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s reasonable cost, if, in Landlord’s judgment, provided the same are reasonably necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, repairs or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, expenses or unreasonably interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects that affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, then Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereofthereof reasonably incurred by Landlord, including the cost of design, installation, operation, use, use and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion accompanied by reasonable evidence of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)such cost.

Appears in 1 contract

Samples: Office Lease (Plains Capital Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Cross Country Healthcare Inc)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power that current for special lighting, computers and other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service Normal Usage through the then-existing feeders and risers serving the Building Project and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefortherefore. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (1) a survey of standard or average tenant usage of electricity in the Project performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage electrical current in excess of 110 volts Normal Usage unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s sole and absolute judgment, the same are necessary and shall not cause permanent damage or injury to the Project, Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the BuildingProject. If Tenant (a) uses machines or equipment (other than general office machines, personal computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)therefore.

Appears in 1 contract

Samples: Office Lease Agreement (TrueCar, Inc.)

Excess Utility Use. Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, OFFICE LEASE AGREEMENT Xxxxxxxx Xxxx Xxxxx, Xxxxxxxx Xxxx, Xxxxxxxxxx Arcutis, Inc. 7 operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Section 7(a) shall be subject to Landlord’s the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days’ prior written consentnotice to Tenant, not discontinue any such service to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and for paying all deposits for, and costs relating to, such service. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall enter into an amendment to this Lease revising any abatement of Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Arcutis Biotherapeutics, Inc.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1Section7(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Omtool LTD)

Excess Utility Use. Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share normal office usage (for the purposes of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usagethis Lease, "NORMAL OFFICE USAGE" shall include computers, printers and other similar equipment). If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.15(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the BuildingComplex. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects materially and adversely affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Office Lease (Adesso Healthcare Technology Services Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that exceeds Tenant’s floor proportionate share of requires more than the electrical capacity of currently provided in the Building floor on which (the Premises are located made available for general tenant usage"BASE BUILDING ELECTRICAL CAPACITY"). If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1Base Building Electrical Capacity, Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the PremisesBuilding, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts the Base Building Electrical Capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the PremisesBuilding. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, or entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of Building which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the PremisesBuilding, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Sycamore Networks Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential utility consumption by any verifiable method, including installation of a separate meter or monitor in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage electricity in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage electricity in excess of the prorata pro rata capacity available to Tenant the Premises as of the date of this Lease Date unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises or any portion thereof (e.g., training rooms, conference rooms, computer rooms, server rooms, etc.) at a density, either of which (1) affects the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the PremisesPremises (and any necessary electrical submetering equipment and wiring), and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 1510% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Dirtt Environmental Solutions LTD)

Excess Utility Use. Except for the Data Center and Fulfillment Center as shown on the Approved Plans (as defined in Exhibit F ), Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of 6.5 wxxxx per rentable square foot at the electrical capacity of the Building floor on which the Premises are located made available for general tenant usagereceptacles. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1Standard Usage, Landlord Tenant shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after service. If Landlord has delivered to Tenant an invoice therefor. Landlord may determine determined through use of a check meter or other reliable means that the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Except as shown on plans to be approved by Landlord in accordance with Exhibit F to this Lease, Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts and shall not in event install any electrical equipment that exceeds Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, shall be installed by LandlordTenant, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building Project or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. Tenant’s proposed tenant improvements include supplemental HVAC systems to be installed by Tenant as described below. If Tenant (a) uses such supplemental HVAC systems are not adequate to prevent Tenant’s machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects from affecting the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads preventing overload of any utilityutility system, Tenant shall install additional HVAC and/or electrical systems and, if Tenant shall fail to do so within a reasonable period of time after receipt of written demand from Landlord, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To Provided that the extent practicablesame will not adversely affect the Building Systems or Building Structure, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayedplans and specifications for the same have been approved by Landlord in its reasonable discretion, Tenant shall have the right to electmay, at Tenant’s its sole cost and expense, install (a) electric circuits or transformers to separately submeter electricity consumption provide supplemental electrical power support the installation of copy machines and computer servers that use in the entire Premises or any portion thereof. If Tenant electsexcess of 110 volts, and Landlord approves(b) supplemental HVAC to offset the excess heat generated by such equipment. In accordance with the Approved Plans, the Data Center shall be separately submetering the any portion metered and supplemental HVAC systems shall be installed by Tenant, at its expense but payable out of the PremisesAllowance. Notwithstanding anything contained herein to the contrary, Landlord and Tenant shall enter into an amendment be solely responsible for payment of all separately metered electrical service to this Lease revising Tenant’s obligations the Data Center and for the payment cost of Electrical Costsmaintaining, including separately submetered electricity usage, common area electricity usage, repairing and any portions of the Premises not covered by the separate submeter(s)replacing such supplemental HVAC systems.

Appears in 1 contract

Samples: Lease Agreement (Online Resources Corp)

Excess Utility Use. Landlord shall is not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.15.1 above, Landlord shallwill, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall agrees to pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice thereforfor such services. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall may not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts normal office usage or otherwise exceeding Building capacity unless approved in advance and in writing by Landlord, which approval shall not will be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by within Landlord, which approval may be withheld in Landlord’s 's sole discretion. The Tenant agrees not to use of electricity in the Premises shall not exceed which exceeds the capacity of existing feeders and risers to or wiring in the Premises. Any If approved by Landlord, any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s written request, will be installed by Landlord, upon Tenant's request and at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall will not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereofsuch cost, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall will be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)such cost.

Appears in 1 contract

Samples: Lease Agreement (Hotjobs Com LTD)

Excess Utility Use. Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Section 7(a) shall be subject to Landlord’s the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days’ prior written consentnotice to Tenant, not discontinue any such service to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and for paying all deposits for, and costs relating to, such service. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall enter into an amendment to this Lease revising any abatement of Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)hereunder.

Appears in 1 contract

Samples: Office Lease Agreement

Excess Utility Use. Landlord shall not be required to furnish ------------------ electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.16.(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding 0.5 kilowatts per hour per square foot of net rentable area of the Premises unless approved in advance by Landlord. Landlord may, which approval at its option, install metering equipment to monitor Tenant's electrical usage in the Premises, and any excess usage shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available invoiced, and due within ten days after Landlord has delivered to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretionan invoice therefor. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power current for computers, electronic data processing equipment, special lighting, equipment that requires more than 110 volts, or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service normal office usage through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the reasonable cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (i) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and reasonably acceptable to Tenant and paid for by Tenant; or (ii) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Landlord acknowledges that Tenant shall not will install any electrical equipment requiring voltage a data center subject to the requirements set forth in excess of this Section 7.b. except for the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretionrequirement that Landlord has written notice thereof. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the reasonable cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease (Daleen Technologies Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s 's excess electrical requirements do not adversely affect Landlord’s 's ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s 's sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s 's ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Red Mountain Resources, Inc.)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power current for equipment that exceeds Tenant’s floor proportionate share of the electrical capacity of the requires more than Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service Standard Capacity through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine whether Tenant's electricity consumption exceeds Building Standard Capacity or Building Standard Electrical Consumption by either or both: (1) a survey of standard or average tenant usage of electricity in the amount of such additional consumption Building performed by a reputable consultant selected by Landlord and potential consumption paid for by any verifiable method, including installation of Tenant; or (2) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall pay to Landlord the cost of electricity consumption in excess of Building Standard Electrical Consumption within ten days after Landlord delivers to Tenant an invoice therefor. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts Building Standard Capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s judgment's sole and absolute judgement, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, excluding computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).the

Appears in 1 contract

Samples: Lease (Clark/Bardes Holdings Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power that exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of fifteen percent (15% %) of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement

Excess Utility Use. Landlord shall not be required to furnish electrical power current for special lighting, equipment that requires more than 277/480 volts, or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17a., Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (i) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (ii) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 277/480 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicablec. Changes in Service Providers. If permitted by law, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant Landlord shall have the right to electsole and exclusive right, in its absolute discretion, at Tenant’s sole cost and expense, to separately submeter electricity consumption in any time during the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).Term

Appears in 1 contract

Samples: Office Lease Agreement (ReoStar Energy CORP)

Excess Utility Use. Landlord shall not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1Exhibit L, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Exhibit L shall be subject to Landlord’s the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days’ prior written consentnotice to Tenant, not discontinue any such service to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and for paying all deposits for, and costs relating to, such service. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall enter into an amendment to this Lease revising any abatement of Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Diversa Corp)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that requires more than 110 volts or other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant normal office usage. If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefortherefore. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts or otherwise exceeding Building capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)therefore.

Appears in 1 contract

Samples: Lease Agreement (Art Technology Group Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usagerequires more than six (6) xxxxx per usable square foot. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To Landlord’s obligation to furnish services under Section 7(a) shall be subject to the extent practicablerules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days’ prior written notice to Tenant, discontinue any such service to the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and for paying all deposits for, and subject costs relating to, such service. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not, except as hereinafter provided, render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant to any abatement of Tenant’s obligations hereunder. Notwithstanding the foregoing, if (a) there is an interruption or stoppage of any Building system or Building service and the cause or cure of such interruption is within Landlord’s reasonable control (a “Landlord Controlled Interruption”), and such interruption is not due to any negligence or willful misconduct by Tenant or any Tenant Party, (b) such Landlord Controlled Interruption materially, adversely interferes with Tenant’s use of the Premises (or a portion thereof) during Normal Business Hours for more than five (5) consecutive days after Tenant delivers written notice thereof to Landlord, and (c) Tenant actually does not use all or the affected portion, if applicable, of the Premises for the operation of Tenant’s prior written consentbusiness therein, not to be unreasonably withheld, conditioned or delayedthen during the period of time such condition continues beyond such fifth (5th) consecutive day, Tenant shall have be entitled to an equitable abatement of Rent for all or the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any affected portion of the Premises, as applicable. Such Rent abatement shall cease immediately upon the earlier to occur of (i) the cessation of such Landlord and Tenant shall enter into an amendment to this Lease revising Controlled Interruption or (ii) Tenant’s obligations re-commencement of use of all or the affected portion of the Premises, as applicable, for the payment operation of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)Tenant’s business therein.

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

Excess Utility Use. Landlord shall is not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usageNormal Office Usage (as defined below). If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17 watts/rsf for receptacle and lighting ("Normal Office Usage"), Landlord shallwilx, at xx Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall agrees to pay to Landlord the cost of such service within 30 thirty (30) days after Landlord has delivered to Tenant an invoice thereforfor such services. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall may not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts Normal Office Usage unless approved in advance and in writing by Landlord, which approval shall not will be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by within Landlord, which approval may be withheld in Landlord’s 's sole discretion. The Tenant agrees not to use of electricity in the Premises shall not exceed which exceeds the capacity of existing feeders and risers to or wiring in the Premises. Any If approved by Landlord, any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s written request, will be installed by Landlord, upon Tenant's request and at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall will not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereofsuch cost, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall will be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice thereforfor such cost. To the extent practicableThe costs, and subject to if any, for which Tenant is responsible under this Section 5.3 will be at Landlord’s prior written consent, not to be unreasonably withheld, conditioned 's actual cost without profit or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)mark up.

Appears in 1 contract

Samples: Lease Agreement (Coolsavings Inc)

Excess Utility Use. Landlord shall is not be required to furnish electrical power that current for equipment whose electrical energy consumption exceeds normal office usage. Based upon the description of its business and equipment previously provided to Landlord by Tenant and Landlord’s review of Tenant’s floor proportionate share written plans and specifications for the Premises, Landlord acknowledges that the proposed usage falls within the definition of “normal office usage” as contemplated by the electrical capacity of the Building floor on which the Premises are located made available for general tenant usagepreceding sentence. If Tenant’s requirements for or consumption of electricity increase from those currently contemplated such that they exceed the electricity to be provided by Landlord as described in Section 7.15.1 above, then Landlord shallwill, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall agrees to pay to Landlord the cost of such service within 30 ten (10) days after Landlord has delivered to Tenant an invoice thereforfor such services. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, maintained and read by Landlord, at Tenant’s expense. Tenant shall may not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts normal office usage or otherwise exceeding Building capacity unless approved in advance and in writing by Landlord, which approval shall will not be unreasonably withheldwithheld by Landlord. Tenant shall agrees not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed which exceeds the capacity of the existing feeders and risers to or wiring in the Premises. Any If approved by Landlord, any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, will be installed by Landlord, upon Tenant’s request and at Tenant’s cost, if, in Landlord’s reasonable judgment, the same are necessary and shall will not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of not currently contemplated which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereofsuch cost, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall will be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)such cost.

Appears in 1 contract

Samples: Lease Agreement (Ecollege Com)

Excess Utility Use. Landlord shall not be required use reasonable efforts to furnish electrical power that current for special lighting, computers and other equipment whose electrical energy consumption exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usage. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1, Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service Normal usage through the then-existing feeders and risers serving the Building and the Premises (not to exceed, however, 7.0 xxxxx per usable square foot of the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the determined on a floor-by-floor basis, excluding Building (as determined by Landlord in the exercise of its reasonable discretionsystems); , and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. , Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation either or both: (1) a survey of standard or average tenant usage of electricity in the Building performed by a reputable consultant selected by Landlord and paid for by Tenant; or (2) a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. , Tenant shall not install any electrical equipment requiring special wiring or requiring voltage electrical current in excess of 110 volts Normal Usage unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s sole and absolute judgment, the same are necessary and shall 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, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment (other than general office machines, personal computers and electronic data processing equipment) in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (CS Disco, Inc.)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that exceeds Tenant’s floor proportionate share of requires more than the electrical capacity of currently provided in the Building floor on which (the Premises are located made available for general tenant usage"BASE BUILDING ELECTRICAL CAPACITY"). If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1Base Building Electrical Capacity, Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the PremisesBuilding, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts the Base Building Electrical Capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises Building shall not exceed the capacity of existing feeders and risers to or wiring in the PremisesBuilding. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed 18 by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, or entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of Building which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the PremisesBuilding, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Brooks Automation Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that exceeds Tenant’s floor proportionate share of requires more than the electrical capacity of currently provided in the Building floor on which (the Premises are located made available for general tenant usage"BASE BUILDING ELECTRICAL CAPACITY"). If Tenant’s 's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.1Base Building Electrical Capacity, Landlord shall, at Tenant’s 's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the PremisesBuilding, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 ten days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s 's expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts the Base Building Electrical Capacity unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises Building shall not exceed the capacity of existing feeders and risers to or wiring in the PremisesBuilding. Any risers or wiring required to meet Tenant’s 's excess electrical requirements shall, upon Tenant’s 's written request, be installed by Landlord, at Tenant’s 's cost, if, in Landlord’s 's judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, or entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of Building which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the PremisesBuilding, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 ten (10) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and subject to Landlord’s prior written consent, not to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, Landlord and Tenant shall enter into an amendment to this Lease revising Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s).

Appears in 1 contract

Samples: Lease Agreement (Brooks Automation Inc)

Excess Utility Use. Landlord shall not be required to furnish electrical power current for equipment that exceeds Tenant’s floor proportionate share of the electrical capacity of the Building floor on which the Premises are located made available for general tenant usagerequires more than six (6) xxxxx per usable square foot. If Tenant’s requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in Section 7.17(a), Landlord shall, at Tenant’s expense, make reasonable efforts to supply such service through the then-existing feeders and risers and electrical panels serving the Building and the Premises, provided the additional use of such feeders and risers caused by Tenant’s excess electrical requirements do not adversely affect Landlord’s ability to provide reasonable electrical service to the balance of the Building (as determined by Landlord in the exercise of its reasonable discretion); and Tenant shall pay to Landlord the cost of such service within 30 days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by any verifiable method, including installation of a separate meter in the Premises installed, maintained, and read by Landlord, at Tenant’s expense. Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of 110 volts unless approved in advance by Landlord, which approval shall not be unreasonably withheld. Tenant shall not install any electrical equipment requiring voltage in excess of the prorata Building capacity available to Tenant as of the date of this Lease unless approved in advance by Landlord, which approval may be withheld in Landlord’s sole discretion. The use of electricity in the Premises shall not exceed the capacity of existing feeders and risers and electrical panels to or wiring in the Premises. Any risers or wiring required to meet Tenant’s excess electrical requirements shall, upon Tenant’s written request, be installed by Landlord, at Tenant’s cost, if, in Landlord’s judgment, the same are necessary and shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expenses, adversely affect Landlord’s ability to provide reasonable service to the balance of the Building, or interfere with or disturb other tenants of the Building. If Tenant (a) uses machines or equipment in the Premises or (b) operates within the Premises at a density, either of which (1) affects affect the temperature otherwise maintained by the air conditioning system or (2) otherwise overloads overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of design, installation, operation, use, and maintenance, in each case plus an administrative fee of 15% of such cost, shall be paid by Tenant to Landlord within 30 thirty (30) days after Landlord has delivered to Tenant an invoice therefor. To the extent practicable, and Landlord’s obligation to furnish services under Section 7(a) shall be subject to Landlord’s the rules and regulations of the supplier of such services and governmental rules and regulations. Landlord may, upon not less than thirty (30) days’ prior written consentnotice to Tenant, not discontinue any such service to be unreasonably withheld, conditioned or delayed, Tenant shall have the right to elect, at Tenant’s sole cost and expense, to separately submeter electricity consumption in the entire Premises or any portion thereof. If Tenant elects, and Landlord approves, separately submetering the any portion of the Premises, provided Landlord first arranges for a direct connection thereof through the supplier of such service. Tenant shall, however, be responsible for contracting with the supplier of such service and for paying all deposits for, and costs relating to, such service. Landlord shall use reasonable efforts to restore any service required of it that becomes unavailable; however, such unavailability shall not render Landlord liable for any damages caused thereby, be a constructive eviction of Tenant, constitute a breach of any implied warranty, or entitle Tenant shall enter into an amendment to this Lease revising any abatement of Tenant’s obligations for the payment of Electrical Costs, including separately submetered electricity usage, common area electricity usage, and any portions of the Premises not covered by the separate submeter(s)hereunder.

Appears in 1 contract

Samples: Office Lease Agreement (Cancer Genetics, Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.