Common use of Payment of Electric Expense Clause in Contracts

Payment of Electric Expense. Tenant agrees to pay, or cause to be paid, all charges for electricity consumed in the Premises (or by special facilities serving the Premises). Tenant will comply with all contracts relating to any such services. Tenant’s charges for such utility usage shall be based upon Tenant’s actual usage (without markup by Landlord) based on check metering (i.e., submeters) or separate meters provided as part of the Finish Work for lights, plugs and VAV fan circulation only (not for heating), and specifically excluding the roof top HVAC units serving the Premises, and at Landlord’s option, shall be paid (i) to Landlord or Landlord’s representative (as determined by Landlord) as Additional Rent or (ii) directly to the utility company. If such payments are made to Landlord, during the Term, Tenant's rate of payment shall increase from time to time based upon the increases in rate charged by the utility company to the Landlord; and Landlord shall have the right to issue supplemental billing to Tenant from time to time to account for such increases. The electrical charges payable to Landlord in respect of the Premises shall constitute Additional Rent under this Lease (but shall not be included as an Operating Expense), and shall be due and payable monthly in advance on the first day of each calendar month during the Term. On the Commencement Date and thereafter during the Term, Landlord shall have the right to charge Tenant an estimated amount, payable as Additional Rent on the first of each month, in advance, together with payments of Base Rent, on account of Tenant’s estimated electricity usage based on prior Building history for the first month of the Term and thereafter on Tenant’s actual usage, with an annual reconciliation based on actual meter readings such that Tenant will pay the amount due hereunder.

Payment of Electric Expense. (a) Tenant agrees to pay, or cause to be paid, all charges shall pay for electricity the full cost (the "ELECTRIC EXPENSE") of the electric energy consumed in within the Premises (or by special facilities serving the Premises)as Additional Rent. Tenant will comply with all contracts relating to any such services. Tenant’s charges for such utility usage The Electric Expense shall be based upon Tenant’s actual usage (without markup by Landlord) based on check metering (i.e., submeters) or separate meters provided as part of the Finish Work for lights, plugs and VAV fan circulation only (not for heating), and specifically excluding the roof top HVAC units serving the Premises, and at Landlord’s option, shall be paid (i) to Landlord or Landlord’s representative (as reasonably determined by Landlord) as Additional Rent or (ii) directly to the utility company. If such payments are made to Landlord, during the Term, Tenant's rate of payment shall increase Landlord from time to time based upon the survey report of a third party engineering consultant which shall take into consideration Tenant's electricity consumption, actual hours of operation, the equipment and machinery in the Premises and the rentable area of the Premises and the actual rate of payment established by the utility company for such service. The Electric Expense is initially established at the rate of $1.50 per rentable square foot of the Premises for calendar year 1999. The Electric Expense shall increase based upon the increases in rate charged by the utility company to the Landlord and, at Landlord; and Landlord shall have the right to issue supplemental billing to Tenant from time to time to account for such increases's election, by re- survey by Landlord's consultant. The electrical charges Electric Expense payable to Landlord in respect of the Premises shall constitute Additional Rent under this Lease (but shall not be included as an Operating Expense), and shall be due and payable monthly in advance beginning on the Commencement Date and continuing on the first day of each calendar month during the Term. On Any Electric Expense by any such meter shall be payable within fifteen (15) days following Landlord's delivery of its invoice to Tenant for the Commencement Date and thereafter during the Term, Landlord shall have the right to charge Tenant an estimated amount, payable as Electric Expense. The Additional Rent payable under this subsection (a) does not include the Electric Expense associated with "Tenant's Special Equipment" (as defined below). Tenant may, at its own cost and expense, retain its own independent electrical consultant to survey its electric usage. If Tenant's survey indicates a reasonable basis for disputing Landlord's Electric Expense charge, then Tenant shall provide Landlord with a copy of its survey and any relevant information requested by Landlord. If the parties cannot agree on a satisfactory resolution of the first of each monthdispute within thirty (30) days, then both parties agree to engage in advance, together with payments of Base Rent, on account of Tenant’s estimated electricity usage based on prior Building history a mediation or arbitration process in which an independent electrical engineer mutually agreeable to both parties resolves the dispute. Landlord and Tenant agree that the Electric Expense payable under Section 5.04(a) shall be equitably adjusted by an appropriate deduction for the first month amount of rentable square feet in Tenant's data center because such area is subject to payment of Electric Expense based upon the Term and thereafter on Tenant’s actual usage, with an annual reconciliation based on actual "check" meter readings such that Tenant will pay the amount due hereunderpursuant to Section 5.04(b) below.

Payment of Electric Expense. Tenant agrees shall pay for the full cost (the “Electric Expense”) of the electric energy consumed within the Premises and any special facilities and equipment serving the Premises as reasonably determined by Landlord from time to paytime based upon the survey report of a third party engineering consultant. The determination of the Electric Expense shall include consideration of Tenant’s electricity consumption, or cause to be paidactual hours of operation, all charges for electricity consumed the equipment and machinery in the Premises (or by special facilities serving and the Premises). Tenant will comply with all contracts relating to any such services. Tenant’s charges for such utility usage shall be based upon Tenant’s actual usage (without markup by Landlord) based on check metering (i.e., submeters) or separate meters provided as part rentable area of the Finish Work for lights, plugs and VAV fan circulation only (not for heating), and specifically excluding the roof top HVAC units serving the Premises, the actual rate of payment established by the utility company for such service and the actual tenant electrical expense for the Building. Beginning on the Commencement Date, Tenant shall pay Landlord at Landlord’s option, shall be paid the rate of $1.75 per rentable square foot of the Premises per annum (isubject to change as described below) to Landlord or Landlord’s representative (as determined by Landlord) as Additional Rent or (ii) directly with respect to the utility companyexpense of Tenant’s lights and general office equipment (exclusive of any special facilities and equipment) (herein the “Estimated Electric Charge”). If such payments are made Landlord represents and covenants to Landlord, during Tenant that said Estimated Electric Charge of $1.75 per rentable square foot is applicable to each of the tenants in the Building as of the Effective Date. During the Term, Tenant's ’s rate of payment shall increase or decrease from time to time based upon the increases or decreases in rate charged by the utility company to the LandlordLandlord or Tenant’s Share of the actual tenant electrical expense for the Building; and Landlord shall have the right to issue supplemental billing to Tenant from time to time for its Electric Expense to account for such increasesincreases or such decreases. Tenant’s Electric Expense shall also be subject to increase and decrease based upon a change in Tenant’s electric consumption as determined in good faith, absent manifest error, by Landlord’s independent consultant. The electrical charges Electric Expense payable to Landlord in respect of the Premises shall constitute Additional Rent under this Lease (but shall not be included as an EAST\126610515.10 Operating Expense), and shall be due and payable monthly in advance beginning on the Commencement Date, and continuing on the first day of each calendar month during the Term. On the Commencement Date and thereafter during the Term, Landlord shall have the right to charge separately meter or check-meter the Premises for electricity, at Landlord’s expense, and, in any event, with respect to electricity utilized by Tenant an estimated amountwith respect to any specialized supplemental cooling systems for any server room of Tenant, payable such electricity shall be separately or check metered by Tenant, at Tenant’s expense. If the Premises or any specialized cooling systems are separately metered, Tenant shall pay for electricity directly to the service provider therefor based on such actual consumption, rather than the aforesaid Estimated Electric Charge. If the Premises or any specialized cooling systems are check metered, Tenant shall pay, as Additional Rent on Rent, 1/12ths of Landlord’s reasonable estimate of the first costs of each month, in advance, such electricity together with payments Tenant’s payment of Base Rent, on account of Tenant’s estimated Rent and Landlord shall annually reconcile such payments against the actual electricity usage based on prior Building history for the first month Landlord’s reading of the Term and thereafter on Tenant’s actual usagecheck meters, absent manifest error, from time to time (but in any event no less often than once per year); in connection therewith, Landlord shall provide Tenant with an annual reconciliation based on actual meter readings reasonable back-up evidencing the costs that are subject to such that Tenant will pay the amount due hereunderreconciliation.

Payment of Electric Expense. Tenant agrees to pay, or cause to be paid, all charges shall pay for electricity the full cost (the “Electric Expense”) of the electric energy consumed in within the Premises (or by as well as the expense of any special facilities and equipment serving the Premises). Tenant will comply with all contracts relating Premises as reasonably determined by Landlord from time to any such services. time based upon the survey report of a third party engineering consultant which shall take into consideration Tenant’s charges for such utility usage shall be based upon Tenant’s electricity Consumption, actual usage (without markup by Landlord) based on check metering (i.e.hours of operation, submeters) or separate meters provided as part of the Finish Work for lights, plugs equipment and VAV fan circulation only (not for heating), and specifically excluding the roof top HVAC units serving machinery in the Premises, the rentable area of the Premises, the actual rate of payment established by the utility company for such service and the actual tenant electrical expense for the Building. Beginning on the Commencement Date, Tenant shall pay Landlord at Landlord’s option, shall be paid the rate of $2.00 per rentable square foot of the Premises per annum (isubject to change as described below) to Landlord or Landlord’s representative (as determined by Landlord) as Additional Rent or (ii) directly with respect to the utility companyexpense of Tenant’s lights and general office equipment (exclusive of any special facilities and equipment). If such payments are made to Landlord, during During the Term, Tenant's ’s rate of payment shall increase from time to time based upon the increases in rate charged by the utility company to the LandlordLandlord or Tenant’s proportionate share of the actual tenant electrical expense for the Building; and Landlord shall have the right to issue supplemental billing to Tenant from time to time for its Electric Expense to account for such increases. Tenant’s Electric Expense shall also be subject to increase based upon a change in Tenant’s electric consumption as determined by Landlord’s independent consultant. The electrical charges Electric Expense payable to Landlord in respect of the Premises shall constitute Additional Rent under this Lease (but shall not be included as an Operating Expense), and shall be due and payable monthly in advance beginning on the Commencement Date and continuing on the first day of each calendar month during the Term. On the Commencement Date and thereafter during the Term, Landlord shall have the right to charge Tenant an estimated amount, payable as Additional Rent on the first of each month, in advance, together with payments of Base Rent, on account of Tenant’s estimated electricity usage based on prior Building history for the first month of the Term and thereafter on Tenant’s actual usage, with an annual reconciliation based on actual meter readings such that Tenant will pay the amount due hereunder.