Common use of Payment for Utilities and Services Clause in Contracts

Payment for Utilities and Services. The cost of Basic Services shall be included in Operating Expenses. In addition, Tenant shall pay to Landlord upon demand (i) the cost, at Landlord's actual cost of providing the same, of any Excess Services used by Tenant and (ii) the cost of installing any equipment required in connection with any Excess Services requested by Tenant. Landlord's failure to xxxx Tenant for any of the foregoing shall not waive Landlord's right to xxxx Tenant for the same at a later time. As respects Excess Services for HVAC, if in any calendar year of the Term, Tenant uses HVAC service from any particular HVAC unit serving the Premises (not including package or supplemental units installed by Tenant) for a number of hours in excess of the Standard HVAC Hours (the “Excess Use Hours”), then Tenant shall pay to Landlord an amount equal the excess depreciation caused by the excess usage (without xxxx-up), calculated as set forth below. As of the date of this Lease based on the existing HVAC systems serving the Premises, such depreciation computation will be based on an expected useful service life of 15 years and a cost of $2,500 per ton as the installed equipment cost. As of the date hereof, the cost per Excess Use Hour payable by Tenant shall be as set forth on Schedule 3 attached hereto (and Tenant acknowledges that such amounts may change as and when particular HVAC units are required to be replaced). The such cost for Excess Use Hours is subject to change throughout the Lease term if there is any Capital Repairs/Replacements performed to an HVAC unit; provided, however, that such rates shall at all times reflect Landlord's reasonable calculation of the excess depreciation of the subject HVAC units caused by the excess usage and shall not include any xxxx up by Landlord. If the term of this Lease commences or ends on a day other than the first or last day of a calendar year, respectively, the Standard HVAC Hours applicable to the calendar year in which such term commences or ends shall be prorated according to the ratio which the number of days during the term of this Lease in such calendar year bears to three hundred sixty five (365). Following written request by Tenant from time to time but not more frequently than once each month, Landlord shall provide Tenant with a statement reasonably indicating the HVAC hours utilized by Tenant for its Premises as reflected by the meter.

Payment for Utilities and Services. (a) Upon request by Tenant in accordance with the procedures established by Landlord from time to time for furnishing heating, ventilation and air conditioning service at times other than Business Hours on Business Days, Landlord shall furnish such service to Tenant and Tenant shall pay for such services on an hourly basis at the then prevailing rate established for the Building by Landlord. (b) Electricity will be separately metered or submetered for the Premises. Tenant shall be responsible to pay for the costs of all utilities for the Premises (the “Premises Utilities”), including the costs of (i) electricity and (ii) telephone and data systems. Tenant shall provide janitorial services and waste removal for the Premises and all taxes, levies, fees and surcharges thereon. The cost of Basic Services Premises Utilities paid by Tenant for the Premises shall not be included in Operating ExpensesCosts but shall be payable by Tenant either directly to the utility provider or if not billed directly to Tenant by such utility provider, to Landlord as set forth herein. In additionElectricity for the Premises shall be either separately metered, or submetered; provided, however, if electricity for the Premises is not metered or submetered, then Landlord shall equitably estimate the cost of electricity for the Premises. If the electricity is separately metered, Tenant shall pay the costs of such utility for the Premises directly to the public utility company. If the electricity is submetered, Tenant shall pay the costs of electricity to Landlord within thirty (30) days after Landlord invoices Tenant therefor, based upon demand (i) the cost, at Landlord's actual cost of providing the same, of any Excess Services used by Tenant and (ii) the cost of installing any equipment required in connection with any Excess Services requested by Tenantmetered readings. Landlord's failure to xxxx Tenant for any of the foregoing shall not waive Landlord's right to xxxx Tenant If electricity for the same at a later time. As respects Excess Services for HVAC, if in any calendar year of the Term, Tenant uses HVAC service from any particular HVAC unit serving the Premises (is not including package metered or supplemental units installed by Tenant) for a number of hours in excess of the Standard HVAC Hours (the “Excess Use Hours”)submetered, then Tenant shall pay Landlord the cost of electricity and gas estimated by Landlord for the Premises, within ten (10) days after Landlord invoices Tenant therefore. Landlord will pay for water and sanitary sewer, which will be billed back to Tenant as part of Operating Costs. (c) If the temperature otherwise maintained in any portion of the Premises by the HVAC systems of the Building is affected as a result of any lights, machines or equipment used by Tenant in the Premises, or for any other reason, then, at Landlord’s request and in addition to the terms and conditions of this Section 9.2, Tenant shall be responsible, at Tenant’s sole cost and expense, and at Tenant’s option to install any machinery or equipment reasonably necessary to restore the temperature, including modifications to the standard air-conditioning equipment. If Landlord determines that Tenant has consumed more than Tenant’s Share of the electrical capacity for the Premises (whether due to the capacity of the Transformer or Replacement Transformer (as each such term is defined below) or otherwise), and such excess capacity is required or will be required for the use of and/or to provide the proportionate shares to other tenants or occupants of the Building or the Project, immediately following notice from Landlord (which notice may be oral or written), Tenant shall either: (i) immediately and permanently cease such excess electrical consumption, or (ii) if approved by Landlord in writing, immediately cease such excess electrical consumption until Tenant completes the installation, at Tenant’s sole cost and expense, of equipment and infrastructure reasonably acceptable to Landlord an amount equal to increase the electrical capacity to the Building to support such excess depreciation caused use (in which event, the installation of any such equipment and infrastructure shall be performed in accordance with the terms and conditions of this Lease and shall be completed prior to Tenant increasing its electrical consumption at the Premises above the allocated to the Premises); provided that in no event shall Tenant consume electricity at the Premises in excess of Tenant’s Share of electricity plus the increased capacity following any such installations by Tenant, as reasonably determined by Landlord. Tenant agrees to indemnify, defend, protect and hold harmless the Landlord Parties claims, actions, losses, damages, liabilities, costs and expenses of every kind, including reasonable attorneys’, experts’ and consultants’ fees and costs, incurred at any time and to the extent arising from or in connection with any electrical consumption at the Premises in excess usage of Tenant’s Share of the electrical capacity for the Premises. Tenant has been informed and hereby acknowledges and agrees that the Building is serviced by and shares a transformer (the “Transformer”) with another building in the Project. Landlord makes no representation or warranty to Tenant of the capacity and/or condition of such Transformer, including, without xxxx-up)limitation, calculated whether such Transformer can provide sufficient electricity service to the Premises for Tenant’s normal and customary business operations as set forth below. As part of the Permitted Use of the Premises as of the date of this Lease based and any later date following other tenants’ or occupants’ leasing and/or use of the Project so serviced by the Transformer. Tenant further acknowledges and agrees that Landlord has no obligation to make any replacement, upgrade, repair and/or maintenance of, to and on such Transformer. Notwithstanding the existing HVAC systems serving foregoing, subject to compliance with applicable laws and any restrictions affecting the Premises, such depreciation computation will be based on an expected useful service life of 15 years Project and a cost of $2,500 per ton so long as the installed equipment cost. As same does not adversely impact the Project in any manner, Landlord hereby agrees to use commercially reasonable, good faith efforts (at no cost to Landlord) to assist Tenant in any reasonable and customary discussions, processes and/or procedures with Pacific Gas & Electric Company (“PG&E”) to encourage and/or require PG&E to upgrade and/or replace the Transformer with a replacement transformer (the “Replacement Transformer”) adequate to provide sufficient electricity service to the portion of the date hereofProject serviced by such Transformer, including, without limitation, the cost per Excess Premises and Tenant’s normal and customary Permitted Use Hour payable by thereof. Tenant shall be as set forth on Schedule 3 attached hereto (hereby agrees that PG&E and not Landlord is liable for the Transformer and the Replacement Transformer and, accordingly, in addition to the other terms and conditions of this paragraph, and notwithstanding anything to the contrary contained in this Lease, Landlord makes no representation or warranty to Tenant of the capacity and/or condition of the Transformer and any such Replacement Transformer and Tenant acknowledges that such amounts may change as hereby waives and when particular HVAC units are required to be replaced). The such cost for Excess Use Hours is subject to change throughout releases all claims against Landlord, whether known or unknown, respecting the Lease term if there is any Capital Repairs/Replacements performed to an HVAC unit; provided, however, that such rates shall at all times reflect Landlord's reasonable calculation of Transformer and the excess depreciation of the subject HVAC units caused by the excess usage and shall not include any xxxx up by Landlord. If the term of this Lease commences or ends on a day other than the first or last day of a calendar year, respectively, the Standard HVAC Hours applicable to the calendar year in which such term commences or ends shall be prorated according to the ratio which the number of days during the term of this Lease in such calendar year bears to three hundred sixty five (365). Following written request by Tenant from time to time but not more frequently than once each month, Landlord shall provide Tenant with a statement reasonably indicating the HVAC hours utilized by Tenant for its Premises as reflected by the meterReplacement Transformer.

Payment for Utilities and Services. The cost of Basic Services shall be included in Operating Expenses, except that the cost of the electricity furnished to the Retail Premises (including any electricity required to power any dedicated or supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant) shall be paid directly by Tenant to the public utility provider so long as the Retail Premises shall be separately metered and such direct payment shall be permitted by the public utility provider and applicable Legal Requirements. If such direct metering and/or payment shall not be in place, Tenant shall pay Landlord for the electricity furnished to the Retail Premises, which cost shall be at the average rate charged to Landlord for electricity supplied to the Building by the utility provider thereof for the applicable period, together with a reasonable overhead component to cover Landlord's administrative costs, and determined by Landlord on the basis of a separate electrical meter or sub-meter to be installed in the Building at Tenant's sole cost and expense to measure such electricity. In addition, Tenant shall pay to Landlord upon demand (i) the cost, at Landlord's actual cost of providing the sameprevailing rate, of any Excess Services used by Tenant and Tenant, (ii) the cost of installing installing, operating, maintaining or repairing any meter or other device used to measure Tenant's consumption of utilities in the Retail Premises or Tenant's consumption of utilities that constitute Excess Services in the Office Premises, (iii) the cost of installing, operating, maintaining or repairing any Temperature Balance Equipment (as defined in Paragraph 1 7.d. below) for the Premises and/or any equipment required in connection with any Excess Services requested by Tenant, and (iv) any cost otherwise incurred by Landlord in keeping account of or determining any Excess Services used by Tenant. Landlord's failure to xxxx bill Tenant for any of the foregoing shall not waive shalx xxx xxive Landlord's right to xxxx xxxxx xx xxll Tenant for the same at a later time. As respects Excess Services for HVAC, if in any calendar year of the Term, Tenant uses HVAC service from any particular HVAC unit serving the Premises (not including package or supplemental units installed by Tenant) for a number of hours in excess of the Standard HVAC Hours (the “Excess Use Hours”), then Tenant shall pay to Landlord an amount equal the excess depreciation caused by the excess usage (without xxxx-up), calculated as set forth below. As of the date of this Lease based on the existing HVAC systems serving the Premises, such depreciation computation will be based on an expected useful service life of 15 years and a cost of $2,500 per ton as the installed equipment cost. As of the date hereof, the cost per Excess Use Hour payable by Tenant shall be as set forth on Schedule 3 attached hereto (and Tenant acknowledges provided that such amounts may change as and when particular HVAC units are required bilx xx xxxxxxred to be replaced). The such cost for Excess Use Hours is subject to change throughout Tenant no later than one hundred eighty (180) days after the Lease term if there is any Capital Repairs/Replacements performed to an HVAC unit; provided, however, that such rates shall at all times reflect Landlord's reasonable calculation end of the excess depreciation of the subject HVAC units caused by the excess usage and shall not include any xxxx up by Landlord. If the term of this Lease commences or ends on a day other than the first or last day of a calendar year, respectively, the Standard HVAC Hours applicable to the calendar year in which such term commences utilities or ends services were performed or such costs incurred by Landlord, as applicable. Landlord acknowledges that Tenant shall not be prorated according obligated to the ratio which the number of days during the term of this Lease in such calendar year bears to three hundred sixty five (365). Following written request use telecommunication equipment, facilities or services provided by Tenant from time to time but not more frequently than once each month, Landlord shall provide Tenant or any company that contracts with a statement reasonably indicating the HVAC hours utilized by Tenant for its Premises as reflected by the meteror is affiliated with Landlord.

Payment for Utilities and Services. The cost Landlord shall have the right to measure utility and service usage at the Project, including electrical usage, through any reasonable and equitable method established by Landlord, including the installation of Basic Services shall submeters, and utilities and services provided to Tenant at the Building shall, at Landlord’s option, be included paid for by Tenant either (i) through inclusion in Operating ExpensesExpenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by a separate charge billed by the applicable utility or service company and payable directly by Tenant. In additionIf, in Landlord’s reasonable opinion, Tenant’s use of any utility or service (including HVAC services) which is not separately metered is in excess of the customary usage by a tenant using similar office space in the Redwood City area for similar uses as the Permitted Uses (including uses occurring outside of Building Hours), Tenant shall pay to Landlord upon demand (i) the cost, at Landlord's actual cost of providing the samesuch additional utility or service (as Additional Rent and not as a part of Additional Charges for Expenses) within thirty (30) days following presentation of an invoice therefor by Landlord to Tenant, of any Excess Services used by Tenant and (ii) the or through such other equitable method as Landlord may employ. The cost of installing any equipment required in connection with any Excess Services requested by Tenant. Landlord's failure chargeable to xxxx Tenant for any of the foregoing all extra utilities and/or services shall not waive Landlord's right to xxxx Tenant constitute Additional Rent. The HVAC system for the same at a later time. As respects Excess Services for HVAC, if in any calendar year of the Term, Tenant uses HVAC service Building shall automatically run Monday through Friday (excluding holidays) from any particular HVAC unit serving the Premises 7:00 a.m. to 6:00 p.m. (not including package or supplemental units installed by Tenant) for a number of hours in excess of the Standard HVAC Hours (the “Excess Use Building Hours”), then . Tenant shall have the ability to activate the HVAC system for the Premises during non- Building Hours and shall pay to Landlord an amount equal the excess depreciation caused by the excess usage (without xxxx-up), calculated as set forth below. As of the date of this Lease based on the existing HVAC systems serving the Premises, such depreciation computation will be based on an expected useful service life of 15 years and a cost of $2,500 per ton as the installed equipment cost. As of the date hereof, the cost per Excess Use Hour payable thereof (including Landlord’s then standard charge for excess wear and tear as reasonably determined by Landlord) at the standard building rates as determined by Landlord from time to time. Tenant shall be as set forth on Schedule 3 attached hereto (and Tenant acknowledges that such amounts may change as and when particular HVAC units are required to be replaced). The such cost for Excess Use Hours is subject to change throughout the Lease term if there is any Capital Repairs/Replacements performed to an HVAC unit; provided, however, that such rates shall agrees at all times reflect Landlord's to cooperate fully with Landlord and to abide by all the reasonable calculation regulations and requirements which Landlord may prescribe for the proper functioning and protection of the excess depreciation of the subject HVAC units caused by the excess usage system(s) and shall not include any xxxx up by Landlord. If the term of this Lease commences or ends on a day other than the first or last day of a calendar year, respectively, the Standard HVAC Hours applicable to the calendar year in which such term commences or ends shall be prorated according to the ratio which the number of days during the term of this Lease in such calendar year bears to three hundred sixty five (365). Following written request by Tenant from time to time but not more frequently than once each month, Landlord shall provide Tenant with a statement reasonably indicating the HVAC hours utilized by Tenant for its Premises as reflected by the meterequipment.

Payment for Utilities and Services. The cost of Basic Services shall be included in Operating Expenses. In addition, Tenant shall pay to Landlord upon demand (i) the cost, at Landlord's ’s actual cost of providing the same, of any Excess Services used by Tenant and (ii) the cost of installing any equipment required in connection with any Excess Services requested by Tenant. Landlord's ’s failure to xxxx Tenant for any of the foregoing shall not waive Landlord's ’s right to xxxx Tenant for the same at a later time. As respects Excess Services for HVAC, if in any calendar year of the Term, Tenant uses HVAC service from any particular HVAC unit serving the Premises (not including package or supplemental units installed by Tenant) for a number of hours in excess of the Standard HVAC Hours (the “Excess Use Hours”), then Tenant shall pay to Landlord an amount equal the excess depreciation caused by the excess usage (without xxxx-up), calculated as set forth below. As of the date of this Lease based on the existing HVAC systems serving the Premises, such depreciation computation will be based on an expected useful service life of 15 years and a cost of $2,500 per ton as the installed equipment cost. As of the date hereof, the cost per Excess Use Hour payable by Tenant shall be as set forth on Schedule 3 attached hereto (and Tenant acknowledges that such amounts may change as and when particular HVAC units are required to be replaced). The such cost for Excess Use Hours is subject to change throughout the Lease term if there is any Capital Repairs/Replacements performed to an HVAC unit; provided, however, that such rates shall at all times reflect Landlord's ’s reasonable calculation of the excess depreciation of the subject HVAC units caused by the excess usage and shall not include any xxxx up by Landlord. If the term of this Lease commences or ends on a day other than the first or last day of a calendar year, respectively, the Standard HVAC Hours applicable to the calendar year in which such term commences or ends shall be prorated according to the ratio which the number of days during the term of this Lease in such calendar year bears to three hundred sixty five (365). Following written request by Tenant from time to time but not more frequently than once each month, Landlord shall provide Tenant with a statement reasonably indicating the HVAC hours utilized by Tenant for its Premises as reflected by the meter.

Payment for Utilities and Services. The cost From and after the Direct Lease Date, Landlord shall have the right to measure utility and service usage at the Project, including electrical usage, through any reasonable and equitable method established by Landlord, including the installation of Basic Services shall submeters, and utilities and services provided to Tenant at the Buildings shall, at Landlord’s option, be included paid for by Tenant either (i) through inclusion in Operating ExpensesExpenses (except as provided for excess usage); (ii) by a separate charge payable by Tenant to Landlord; or (iii) by a separate charge billed by the applicable utility or service company and payable directly by Tenant. In additionFrom and after the Direct Lease Date, if, in Landlord’s reasonable opinion, Tenant’s use of any utility or service (including HVAC services) which is not separately metered is in excess of the customary usage by a tenant using similar office space in the Mountain View area for similar uses as the Permitted Uses (including uses occurring outside of Building Hours), Tenant shall pay to Landlord upon demand (i) the cost, at Landlord's actual cost of providing the samesuch additional utility or service (as Additional Rent and not as a part of Additional Charges for Expenses) within thirty (30) days following presentation of an invoice therefor by Landlord to Tenant, of any Excess Services used by Tenant and (ii) the or though such other equitable method as Landlord may employ. The cost of installing any equipment required in connection with any Excess Services requested by Tenant. Landlord's failure chargeable to xxxx Tenant for any of all extra utilities and/or services shall constitute Additional Rent. From and after the foregoing shall not waive Landlord's right to xxxx Tenant Direct Lease Date, the HVAC system for the same at a later time. As respects Excess Services for HVAC, if in any calendar year of the Term, Tenant uses HVAC service applicable multi-tenant Building or Buildings shall automatically run Monday through Friday (excluding holidays) from any particular HVAC unit serving the Premises 7:00 a.m. to 6:00 p.m. (not including package or supplemental units installed by Tenant) for a number of hours in excess of the Standard HVAC Hours (the “Excess Use Building Hours”), then . Tenant shall pay have the ability to Landlord an amount equal activate the excess depreciation caused by HVAC system for the excess usage (without xxxxPremises during non-up), calculated as set forth belowBuilding Hours. As of the date of this Lease based on the existing HVAC systems serving the Premises, such depreciation computation will be based on an expected useful service life of 15 years and a cost of $2,500 per ton as the installed equipment cost. As of the date hereof, the cost per Excess Use Hour payable by Tenant shall be as set forth on Schedule 3 attached hereto (and Tenant acknowledges that such amounts may change as and when particular HVAC units are required to be replaced). The such cost for Excess Use Hours is subject to change throughout the Lease term if there is any Capital Repairs/Replacements performed to an HVAC unit; provided, however, that such rates shall agrees at all times reflect Landlord's to cooperate fully with Landlord and to abide by all the reasonable calculation regulations and requirements which Landlord may prescribe for the proper functioning and protection of the excess depreciation of the subject HVAC units caused by the excess usage system(s) and shall not include any xxxx up by Landlord. If the term of this Lease commences or ends on a day other than the first or last day of a calendar year, respectively, the Standard HVAC Hours applicable to the calendar year in which such term commences or ends shall be prorated according to the ratio which the number of days during the term of this Lease in such calendar year bears to three hundred sixty five (365). Following written request by Tenant from time to time but not more frequently than once each month, Landlord shall provide Tenant with a statement reasonably indicating the HVAC hours utilized by Tenant for its Premises as reflected by the meterequipment.

Payment for Utilities and Services. The cost of Basic Services shall be included Except as expressly set forth in Operating Expenses. In additionSection 6.01 above, Tenant shall arrange, directly with the providers thereof, for the provision of all utilities and other services to the Leased Premises (including, but not limited to, gas, electricity, water, fuel, telecom, and gas), and shall promptly pay all charges for utilities and other services furnished to Landlord upon demand (i) the costLeased Premises by the applicable utility company or service provider. Without limiting the generality of the foregoing, Tenant shall furnish, at Landlord's actual cost Tenant’s sole expense, regularly scheduled janitorial service for the Leased Premises five (5) days per week, exclusive of providing holidays, in a manner that is consistent with comparable buildings in the samevicinity of the Building. All utilities furnished to the Leased Premises shall be separately metered, and Tenant shall contract directly with the applicable utility company for the provision of any Excess Services used by Tenant such utility services, and (ii) the cost of installing any equipment required in connection with any Excess Services requested all charges therefor will be invoiced to and paid directly by Tenant. If Tenant does not pay any utility or service charges in a timely manner, Landlord may (but shall not be obligated to do so) pay and collect said charges from Tenant as Additional Rent. Tenant shall not conduct any operation or install any equipment which may exceed or overburden the capacity of any utility facilities serving the Leased Premises. However, to the extent that the Approved Construction Drawings specifically call for the installation of electrical or other utility infrastructure as part of the initial Landlord's failure ’s Work, Landlord acknowledges that use of such infrastructure to xxxx Tenant for its capacity (but not beyond such capacity) will not be deemed to overburden the capacity of such infrastructure. Should any of Tenant’s operations or equipment require additional utility facilities, and if Landlord consents to the foregoing shall not waive Landlord's right installation thereof, Tenant may install such facilities at Tenant’s expense pursuant and subject to xxxx Tenant for the same at a later time. As respects Excess Services for HVACterms of Section 7.03 of this Lease, if in any calendar year provided that such installations and facilities comply with all requirements of the Term, Tenant uses HVAC service from insurance underwriters and any particular HVAC unit serving the Premises (not including package or supplemental units installed by Tenant) for a number of hours in excess of the Standard HVAC Hours (the “Excess Use Hours”), then Tenant shall pay to Landlord an amount equal the excess depreciation caused by the excess usage (without xxxx-up), calculated as set forth belowgovernmental authority having jurisdiction there over. As of the date of this Lease based on the existing HVAC systems serving the Premises, such depreciation computation will be based on an expected useful service life of 15 years and a cost of $2,500 per ton as the installed equipment cost. As of the date hereof, the cost per Excess Use Hour payable by Tenant shall be as set forth on Schedule 3 attached hereto (and Tenant acknowledges that such amounts may change as and when particular HVAC units are required Tenant will have the ability to be replaced). The such cost for Excess Use Hours is subject to change throughout the Lease term if there is any Capital Repairs/Replacements performed to an HVAC unit; provided, however, that such rates shall at all times reflect Landlord's reasonable calculation of the excess depreciation of the subject HVAC units caused by the excess usage and shall not include any xxxx up by Landlord. If the term of this Lease commences or ends on a day other than the first or last day of a calendar year, respectively, the Standard HVAC Hours applicable to the calendar year in which such term commences or ends shall be prorated according to the ratio which the number of days during the term of this Lease in such calendar year bears to three hundred sixty five (365). Following written request by Tenant from time to time but not more frequently than once each month, Landlord shall provide Tenant with a statement reasonably indicating control the HVAC hours utilized by Tenant for its equipment serving the Leased Premises as reflected by through the meteruse of one or more thermostats within the Leased Premises.

Payment for Utilities and Services. The cost of Basic Services Tenant shall be pay directly to the utility companies or governmental units promptly as and when due all separately metered or assessed charges for utilities and services used or consumed in or in connection with the Demised Premises, including, without limitation, water, sewer, electricity, gas, oil, heat, steam, air conditioning and heated and/or chilled water, but not including any utilities otherwise included in Operating ExpensesReal Estate Taxes as provided in Paragraph M of Section 1.02. In additionIf any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Shopping Center, other than utilities included in Real Estate Taxes as provided in Paragraph M of Section 1.02, Tenant shall pay to Landlord upon on demand (i) Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the cost, at Landlord's actual cost numerator of providing which shall be the same, of any Excess Services used by Tenant and (ii) the cost of installing any equipment required in connection with any Excess Services requested by Tenant. Landlord's failure to xxxx Tenant for any Floor Space of the foregoing Demised Premises and the denominator of which shall not waive Landlord's be the Floor Space of all tenants or occupants of the Shopping Center using such utilities and/or services. If Landlord is permitted by law to provide electricity to the Demised Premises by re-registering meters or otherwise and to collect any charges for such utilities, Landlord shall have the right to xxxx Tenant for the same at a later time. As respects Excess Services for HVACdo so, if in any calendar year of the Term, Tenant uses HVAC service from any particular HVAC unit serving the Premises (not including package or supplemental units installed by Tenant) for a number of hours in excess of the Standard HVAC Hours (the “Excess Use Hours”), then which event Tenant shall pay to Landlord an amount equal upon receipt of bills therefor charges for such utilities provided the excess depreciation caused rates for such utilities shall not be more than the rates Tenant would be charged for such utilities if furnished directly to Tenant by the excess usage (without xxxx-up), calculated as set forth belowutility companies or governmental units which would otherwise have furnished such utilities. As of Landlord represents that the date of this Lease based on the existing HVAC systems utilities serving the Premises, such depreciation computation Demised Premises will be based on an expected useful service life of 15 years and a cost of $2,500 per ton as the installed equipment cost. As of the date hereof, the cost per Excess Use Hour payable by Tenant shall be as set forth on Schedule 3 attached hereto (and Tenant acknowledges that such amounts may change as and when particular HVAC units are required to be replaced). The such cost for Excess Use Hours is subject to change throughout the Lease term if there is any Capital Repairs/Replacements performed to an HVAC unit; provided, however, that such rates shall at all times reflect Landlord's reasonable calculation of the excess depreciation of the subject HVAC units caused by the excess usage and shall not include any xxxx up by Landlord. If the term of this Lease commences or ends on a day other than the first or last day of a calendar year, respectively, the Standard HVAC Hours applicable to the calendar year in which such term commences or ends shall be prorated according to the ratio which the number of days during the term of this Lease in such calendar year bears to three hundred sixty five (365). Following written request by Tenant from time to time but not more frequently than once each month, Landlord shall provide Tenant with a statement reasonably indicating the HVAC hours utilized by Tenant for its Premises as reflected by the meterseparately metered.