Common use of Overstandard Tenant Use Clause in Contracts

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges and agrees that Landlord’s consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment (“Customary Tenant Equipment”)). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following billing, the incremental actual cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord, which consent shall not be withheld or delayed except to the extent a “Design Problem,” as that term is defined in Section 8.1 of this Lease, is created (provided that Landlord’s consent shall not be required for Customary Tenant Equipment).

Appears in 2 contracts

Samples: Sublease Agreement (Oportun Financial Corp), Sublease Agreement (Oportun Financial Corp)

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Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may materially affect the temperature otherwise maintained by the air conditioning system or materially increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges and agrees that Landlord’s consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment (“Customary Tenant Equipment”)). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following upon billing, the incremental actual cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.31, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed except to the extent a “Design Problem,” as that term is defined in Section 8.1 of this Lease, is created (provided that Landlord’s consent shall not be required for Customary Tenant Equipment). If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Notwithstanding any provision of this Lease to the contrary, Tenant shall pay to Landlord Landlord’s standard charge for any services provided to Tenant which Landlord is not specifically obligated to provide pursuant to the terms of this Lease.

Appears in 2 contracts

Samples: Office Lease (Connecture Inc), Office Lease (Connecture Inc)

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Lease. If such consent is given, Landlord expressly acknowledges and agrees that Landlord’s consent shall not be required for typical quantities of typical office desktop computershave the right to install supplementary air conditioning units or other facilities in the Premises, copiersincluding supplementary or additional metering devices, and otherthe cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar typical office equipment (“Customary charges, shall be paid by Tenant Equipment”))to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following upon billing, the incremental actual cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the PremisesPremises (other than in the server room), without the prior written consent of Landlord, which consent shall not be withheld unreasonably withheld, conditioned or delayed except delayed, provided, however, (i) the foregoing restriction shall not apply to general office use of personal computers on the desktops of Tenant’s employees, or the use of portable personal computers and related portable or semi-portable computer equipment, and (ii) to the extent a the Design ProblemApproved Working Drawings,” as that term is defined set forth in Section 8.1 3.4 of the Work Letter, creates separately ventilated “computer” and/or “data center” rooms or other similar areas, the foregoing restriction shall not apply within such designated areas. Except with regard to the HVAC equipment servicing the server room, if Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, is created Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such after-hours usage, and Landlord shall supply such after-hours usage to Tenant at such hourly cost to Tenant (provided that Landlord’s consent which shall be treated as Additional Rent) as Landlord shall from time to time establish, which is, as of the date hereof, Thirty Five and No/100 Dollars ($35.00) per hour per floor activated (subject to change); provided, however, Landlord shall not be required for Customary Tenant Equipment)xxxx-up such hourly cost to include administration or similar fees and Landlord shall not make a profit from such hourly cost.

Appears in 1 contract

Samples: Office Lease (SERVICE-NOW.COM)

Overstandard Tenant Use. Tenant shall not, without Landlord’s 's prior written consent, use heat-heat- generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges and agrees that Landlord’s 's consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment ("Customary Tenant Equipment")). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following upon billing, the incremental actual cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.31, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed except to the extent a “Design Problem,” as that term is defined in Section 8.1 of this Lease, is created (provided that Landlord’s 's consent shall not be required for Customary Tenant Equipment). If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant's desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall promptly pay to Landlord, Landlord's standard charge for any services provided to Tenant which Landlord is not specifically obligated to provide to Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Samples: Office Lease

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-heat- generating machines, machines other than normal fractional horsepower standard office machines, or equipment or lighting other than the existing lights and other Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges and agrees that Landlord’s consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment (“Customary Tenant Equipment”)). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following billingafter Tenant’s receipt of Landlord’s invoice therefor, the incremental actual cost Actual Cost (as defined below) of such excess consumption, consumption and the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the actual increased cost directly to Landlord, on demandwithin thirty (30) days after Tenant’s receipt of Landlord’s invoice therefor, at the rates charged by the public utility company furnishing the same, including the cost of a qualified professional, including an electrician and or electrical engineer if necessary in Landlord’s reasonable discretion, installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project Building or the risers or wiring installation, and subject to the terms of Section 29.30, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises; provided, without the prior written consent of Landlordhowever, which consent shall not be withheld or delayed except with respect to the extent a “Design Problemnormal fractional office equipment,” as that term is defined in Section 8.1 of this Lease, is created (provided that Landlord’s consent shall not be required for Customary Tenant Equipment).

Appears in 1 contract

Samples: Office Lease (Life360, Inc.)

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may adversely affect the temperature otherwise maintained by the air conditioning system in any material way or materially increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges and agrees that Landlord’s consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment (“Customary Tenant Equipment”))Lease. If Tenant uses water, electricity, heat water or air conditioning electricity in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following billing, the incremental actual cost of such excess consumption (in the case of water consumption), and the cost of the installationincreased wear and tear on existing equipment caused by such excess consumption; and additionally, operationif, and maintenance of in connection with such excess consumption, Landlord determines that additional equipment which is installed in order necessary to supply such excess consumption; , Landlord shall notify Tenant and Landlord may install devices the parties shall mutually confer, in ·good faith, in an effort to separately meter any increased use and in determine the most cost-effective method of serving Tenant’s utility needs. If it is determined following such event joint consultation that additional equipment is necessary, Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.31, below, -42- 000 XXXXXXXX XXXXXX [Airbnb, Inc.] Tenant shall not install or use or permit the installation or use of any “high consumption” computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord; provided, which consent however, (i) the foregoing restriction shall not be withheld or delayed except apply to general office use of printers and personal computers on the desktops of Tenant’s employees, and (ii) to the extent a the Design ProblemApproved Working Drawings,” as that term is defined set forth in Section 8.1 3.4 of the Tenant Work Letter, creates separately ventilated “computer” and/or “data center” rooms, the foregoing restriction shall not apply within such designated areas. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost per zone (there are two (2) zones per floor in the East Tower) to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time reasonably establish generally for the tenants of the Building; provided that the current after-hours HVAC charge is created $85.00 per hour, with a four (4) hour minimum (provided that during Monday through Friday, if Tenant commences such after-hours HVAC use at 6:00 P.M., then the minimum shall only be two (2) hours). Notwithstanding any provision to the contrary contained in this Lease, Tenant shall promptly pay to Landlord, Landlord’s consent shall standard charge for any services provided to Tenant which Landlord is not be required for Customary specifically obligated to provide to Tenant Equipment)pursuant to the terms of this Lease.

Appears in 1 contract

Samples: Office Lease (Airbnb, Inc.)

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consentconsent which consent shall not be unreasonably withheld, conditioned or delayed, use heat-generating machines, machines other than normal fractional horsepower office machines, machines or equipment or lighting other than Building standard lights that exceeds the load specified in the PremisesSection 6.1.2, above, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges and agrees that (i) Landlord’s consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment (“Customary Tenant Equipment”), and (ii) Landlord’s consent shall not be required in connection with the installation and use of the equipment provided for on Exhibit B-1, attached hereto (the “Approved Equipment”), provided that to the extent required, any structural modifications required in connection with Approved Equipment (which modifications shall be performed at Tenant’s sole cost and expense) shall remain subject to Landlord’s approval, which shall not be unreasonably withheld). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following upon billing, the incremental actual cost of such excess consumption, and the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.31, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord, which consent shall not be withheld unreasonably withheld, conditioned or delayed except to the extent a “Design Problem,” as that term is defined in Section 8.1 of this Lease, is created (provided that Landlord’s consent shall not be required for Customary Tenant Equipment and for the Approved Equipment). If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which Landlord is obligated to supply such utilities pursuant to the terms of Section 6.1 of this Lease, Tenant shall give Landlord prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such after-hours HVAC (provided that on weekdays (other than Holidays), oral notice to the Building property manager prior to 1:00 p.m. of Tenant’s desired use of after hours HVAC to commence after Building Hours on such day shall be deemed to be adequate), and Landlord shall supply such after-hours HVAC to Tenant at such hourly cost per zone to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time reasonably establish. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall pay to Landlord, within thirty (30) days after billing, Landlord’s standard charge, for any services provided to Tenant which Landlord is not specifically obligated to provide to Tenant pursuant to the terms of this Lease.

Appears in 1 contract

Samples: Office Lease (Blucora, Inc.)

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Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges the foregoing shall not be applicable to, and agrees that Landlord’s consent shall not be required for the installation of, typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment which is customary for general office tenants located in Comparable Buildings (“Customary Tenant Equipment”)). If such consent is given, Landlord shall have the right to require installation of supplementary air conditioning units or other facilities in the Premises, including supplementary or additional metering devices, and the cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar charges, shall be paid by Tenant to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following upon billing, the incremental actual cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord, which consent shall not be withheld or delayed except subject to the extent a “Design Problem,” as that term is defined in terms of Section 8.1 of this Lease29.32, is created (provided that Landlord’s consent shall not be required for Customary below, Tenant Equipment).shall

Appears in 1 contract

Samples: Office Lease (Versartis, Inc.)

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges and agrees that Landlord’s consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment (“Customary Tenant Equipment”))Lease. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, or if Tenant uses electricity in excess o that customarily used by other Tenants of the Building or Project, as reasonably determined by Landlord, then tenant shall pay to Landlord, within thirty (30) days following upon billing, the incremental actual cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32. below. Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord; provided, however, that Tenant shall be allowed to install and use customary office equipment, computers, and a server (wireless or otherwise) network without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which consent shall not be withheld or delayed except Landlord is obligated to supply such utilities pursuant to the extent a “Design Problem,” as that term is defined in terms of Section 8.1 6.1 of this Lease. Tenant shall give Landlord such prior notice, is created if any, as Landlord shall from time to time establish as appropriate, of’Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to ‘Tenant at such hourly cost to Tenant (provided that Landlord’s consent which shall not be required for Customary Tenant Equipment)treated as Additional Tent) as Landlord shall from time to time establish.

Appears in 1 contract

Samples: Office Lease (KAYAK SOFTWARE Corp)

Overstandard Tenant Use. Tenant shall not, without Landlord’s 's prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Landlord expressly acknowledges and agrees that Landlord’s 's consent shall not be required for typical quantities of typical office desktop computers, copiers, and other, similar typical office equipment ("Customary Tenant Equipment")). If Tenant uses water, electricity, heat or air conditioning in excess of that supplied by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following billing, the incremental actual cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s 's use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord, which consent shall not be withheld or delayed except to the extent a "Design Problem," as that term is defined in Section 8.1 of this Lease, is created (provided that Landlord’s 's consent shall not be required for Customary Tenant Equipment).

Appears in 1 contract

Samples: Lease Agreement (Rovi Corp)

Overstandard Tenant Use. Tenant shall not, without Landlord’s prior written consent, use heat-generating machines, machines other than normal fractional horsepower office machines, or equipment or lighting other than Building standard lights in the Premises, which may affect the temperature otherwise maintained by the air conditioning system or increase the water normally required to be furnished for the Premises by Landlord pursuant to the terms of Section 6.1 of this Lease (provided that that Lease. If such consent is given, Landlord expressly acknowledges and agrees that Landlord’s consent shall not be required for typical quantities of typical office desktop computershave the right to install supplementary air conditioning units or other facilities in the Premises, copiersincluding supplementary or additional metering devices, and otherthe cost thereof, including the cost of installation, operation and maintenance, increased wear and tear on existing equipment and other similar typical office equipment (“Customary charges, shall be paid by Tenant Equipment”))to Landlord upon billing by Landlord. If Tenant uses water, electricity, heat or air conditioning in excess of that supplied required to be furnished by Landlord pursuant to Section 6.1 of this Lease, Tenant shall pay to Landlord, within thirty (30) days following upon billing, the incremental actual cost of such excess consumption, the cost of the installation, operation, and maintenance of equipment which is installed in order to supply such excess consumption, and the cost of the increased wear and tear on existing equipment caused by such excess consumption; and Landlord may install devices to separately meter any increased use and in such event Tenant shall pay the increased cost directly to Landlord, on demand, at the rates charged by the public utility company furnishing the same, including the cost of installing, testing and maintaining of such additional metering devices. Tenant’s use of electricity shall never exceed the capacity of the feeders to the Project or the risers or wiring installation, and subject to the terms of Section 29.32, below, Tenant shall not install or use or permit the installation or use of any computer or electronic data processing equipment in the Premises, without the prior written consent of Landlord. If Tenant desires to use heat, ventilation or air conditioning during hours other than those for which consent shall not be withheld or delayed except Landlord is obligated to supply such utilities pursuant to the extent a “Design Problem,” as that term is defined in terms of Section 8.1 6.1 of this Lease, Tenant shall give Landlord such prior notice, if any, as Landlord shall from time to time establish as appropriate, of Tenant’s desired use in order to supply such utilities, and Landlord shall supply such utilities to Tenant at such hourly cost to Tenant (which shall be treated as Additional Rent) as Landlord shall from time to time establish. Subject to change by Landlord upon reasonable notice to Tenant, as of the date of this Lease the hourly cost established by Landlord for use of fans only is created $150 per hour, and for full heating, ventilating and air conditioning is $250 per hour, with a minimum of four (provided that Landlord’s consent shall not be required for Customary Tenant Equipment)4) hours per request.

Appears in 1 contract

Samples: Office Lease (Bare Escentuals Inc)

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