Payment for Utilities and Services. The cost of Basic Services shall be included in Operating Expenses. In addition, Tenant shall pay to Landlord within thirty (30) days after Landlord's demand (i) the cost, at Landlord's prevailing rate in the Building, of any Excess Services used by Tenant, (ii) the cost of installing, operating, maintaining or repairing any meter or other device used to measure Tenant's consumption of utilities, but only if such meter or other device establishes Tenant's use of Excess Services, (iii) the cost of installing, operating, maintaining or repairing any Temperature Balance Equipment (as defined in Paragraph 17.c. 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 bill Tenant for any of the foregoing shall not waive Landlord's right xx bill Tenant for the same at a later time, provided that such bill is xxxxvered to Tenant no later than hundred eighty (180) days fxxx the end of the calendar year in which such utilities or services were performed or such costs incurred by Landlord, as applicable.
Appears in 1 contract
Samples: Office Lease (Critical Path Inc)
Payment for Utilities and Services. The cost of Basic Services shall be included in Operating Expenses. In addition, Tenant shall pay to Landlord within thirty (30) days after Landlord's upon demand (i) the cost, at Landlord's prevailing rate in the Building, of any Excess Services used by Tenant, (ii) the cost of installing, operating, maintaining or repairing any meter or other device used to measure Tenant's consumption of utilities, but only if such meter or other device establishes Tenant's use of Excess Services, (iii) the cost of installing, operating, maintaining or repairing any Temperature Balance Equipment (as defined in Paragraph 17.c. 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 bill xxxx Tenant for any of the foregoing shall not waive Landlord's right xx bill to xxxx Tenant for the same at a later time, provided that such bill xxxx is xxxxvered delivered to Tenant no later than hundred eighty (180) days fxxx from the end of the calendar year in which such utilities or services were performed or such costs incurred by Landlord, as applicable.
Appears in 1 contract
Payment for Utilities and Services. The cost of Basic Services shall be included in Operating Expenses. In addition, Tenant shall pay to Landlord within thirty (30) days after Landlord's upon demand (i) the cost, at Landlord's prevailing rate in the Building, actual cost to Landlord of providing any Excess Services used by Tenant, (ii) the cost of installing, operating, maintaining or repairing any meter or other device used to measure Tenant's consumption of utilities, utilities (but Tenant shall only be required to pay for such costs thereof if such the meter or other device establishes Tenantwas installed and/or utilized by Landlord as a result of Landlord's use of reasonable determination that Tenant was utilizing Excess Services), (iii) the cost of installing, operating, maintaining or repairing any Temperature Balance Equipment (as defined in Paragraph 17.c17.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 bill Tenant for any of the foregoing shall not waive Landlord's right xx rigxx xo bill Tenant for the same at a later time, provided that such bill is xxxxvered ix xxlivered to Tenant no later than one hundred eighty (180) days fxxx xxxx after the end of the calendar year in which such utilities or services were performed or such costs incurred by Landlord, as applicableprovided.
Appears in 1 contract
Samples: Office Lease (Ask Jeeves Inc)
Payment for Utilities and Services. The cost of Basic Services ---------------------------------- shall be included in Operating Expenses. In addition, Tenant shall pay to Landlord within thirty (30) days after Landlord's upon demand (i) the cost, at Landlord's prevailing rate in the Building, of any Excess Services used by Tenant, (ii) the cost of installing, operating, maintaining or repairing any meter or other device used to measure Tenant's consumption of utilities, but only if such meter or other device establishes Tenant's use of Excess Services, (iii) the cost of installing, operating, maintaining or repairing any Temperature Balance Equipment (as defined in Paragraph 17.c. 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 bill xxxx Tenant for any of the foregoing shall not waive Landlord's right xx bill to xxxx Tenant for the same at a later time, provided that such bill xxxx is xxxxvered delivered to Tenant no later than hundred eighty (180) days fxxx from the end of the calendar year in which such utilities or services were performed or such costs incurred by Landlord, as applicable.
Appears in 1 contract
Samples: Office Lease (Bea Systems Inc)