Common use of Payment of Utility Expenses Clause in Contracts

Payment of Utility Expenses. The Building is separately metered for electrical service, water and sewer service and gas service. Water and sewer service is not billed directly to Tenant, and Tenant pays for its water and sewer service as a part of Tenant’s Share of Operating Expenses. Tenant shall take all steps required by the applicable utility company to provide for direct billing to Tenant for the electricity and gas furnished to the Premises during the Term, including, without limitation, making applications to the applicable utility company in connection with such service and making any deposits as such utility company shall require. Tenant agrees to pay, or cause to be paid, all charges for electricity and gas furnished to the Premises (or by special facilities serving the Premises, if any) during the Term, punctually as and when due. From time to time, if requested by Landlord, Tenant shall provide Landlord with evidence of payment to, and good standing with, such utility companies as Landlord may reasonably require. Tenant covenants and agrees to indemnify, hold harmless and defend Landlord against all liability, cost and damage arising out of or in any way connected to Tenant’s non-payment or late payment of any and all charges and rates and deposits to such utility companies relating to the Premises during the Term. If at any time during the Term the Building is not separately metered for electricity and payments on account of electricity are made to Landlord, Landlord shall xxxx Tenant for such usage based on Landlord’s reasonable estimate (taking into account Tenant’s prior usage of electricity) and Tenant’s rate of payment shall increase from time to time based upon the increases in rate charged by the utility company to Landlord. Landlord shall have the right to issue supplemental billing to Tenant from time to time to account for such increases. Any 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. In such event, 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, with an annual reconciliation based on actual meter readings such that Tenant will pay the amount due hereunder.

Payment of Utility Expenses. The Building is separately metered for electrical service, water and sewer service and gas service. Water and sewer service is not billed directly to Tenant, and Tenant pays for its water and sewer service as a part of Tenant’s Share of Operating Expenses. Tenant shall take all steps required by Landlord estimates that the applicable utility company to provide for direct billing to Tenant initial monthly expenses for the electricity and gas furnished utilities currently provided to the Premises during shall be as follows as of the TermRental Commencement Date: Electricity: $ *** Steam (including compressed air) $ *** Potable Water $ *** Total $ *** Tenant shall, including, without limitation, making applications to the applicable utility company in connection with such service and making any deposits as such utility company shall require. Tenant agrees to pay, or cause to be paid, all charges for electricity and gas furnished to the Premises (or by special facilities serving the Premises, if any) during the Term, punctually as and when due. From time to time, if requested by Landlord, Tenant shall provide Landlord with evidence of payment to, and good standing with, such utility companies as Landlord may reasonably require. Tenant covenants and agrees to indemnify, hold harmless and defend Landlord against all liability, cost and damage arising out of or in any way connected to Tenant’s non-payment or late payment of any and all charges and rates and deposits to such utility companies relating to the Premises during the Term. If at any time during the Term the Building is not separately metered for electricity and payments on account of electricity are made to Landlord, Landlord shall xxxx Tenant for such usage based on Landlord’s reasonable estimate (taking into account Tenant’s prior usage of electricity) and Tenant’s rate of payment shall increase from time to time based upon during the increases in rate charged by the utility company to Landlord. Landlord shall have the right to issue supplemental billing to Tenant from time to time to account for such increases. Any electrical charges payable term of this Lease pay to Landlord in respect as additional rental hereunder, along with Tenant’s monthly installments of base rental, all expenses for utility services provided to the Premises shall constitute Additional Rent under this Lease that are not directly paid by Tenant to the provider of such utility services (but shall not be included as an Operating Expensecollectively, the “Utility Expenses”), and which shall initially be due and payable monthly in advance on established at $*** for the first day Lease Year, or $*** per month. As soon as practicable, Landlord shall, following the Contingency Deadline (as hereinafter defined), install meters so as to isolate Tenant’s consumption of each calendar month during all utility services (other than steam) at the TermPremises. In such eventDuring the term of this Lease, Landlord shall have the right to charge make a good faith estimate of the Utility Expenses for each upcoming Lease Year and, upon thirty (30) days’ notice to Tenant, to require the monthly payment by Tenant an of one-twelfth (1/12th) of such estimated amount, payable as Additional Rent on Utility Expenses. Within sixty (60) days after the first expiration of each monthLease Year, in advanceor as soon thereafter as practical, together with payments Landlord shall furnish to Tenant a statement of Base RentLandlord’s actual Utility Expenses for the previous Lease Year, on account and Landlord shall notify Tenant of Tenant’s estimated electricity usage, with an annual reconciliation based on actual meter readings such that Tenant will pay the amount of the Utility Expenses owing by Tenant to Landlord, showing the calculations thereof which result from such statement. Tenant agrees to promptly pay Landlord, as additional rental, all Utility Expenses which have not been previously paid as estimated Utility Expenses. If for any calendar year additional rental collected for the prior Lease Year, as a result of Landlord’s estimate of Utility Expenses, is greater than the additional rental actually due hereunderduring such prior Lease Year, then Landlord shall refund to Tenant any such overpayment or, at Landlord’s option, apply such amount against subsequent Utility Expenses due under the Lease.

Payment of Utility Expenses. The Building is separately metered for electrical Utility Expenses and all other sums or charges set forth in this SECTION 7 are considered part of Additional Rent. In addition to the Base Rent set forth in SECTION 3 hereof, Tenant shall pay the cost of all water, sewer use, sewer discharge fees and sewer connection fees, gas, heat, electricity, refuse pickup, snow removal, janitorial service, water telephone and sewer service and gas service. Water and sewer service is not other utilities billed directly or metered separately to the Premises and/or Tenant, and Tenant pays for its water and sewer service as a part of Tenant’s Share of Operating Expenses. Tenant shall take all steps required by also pay Tenant's Share of any assessments or charges for utility or similar purposes included within any tax bill xxx the applicable utility company to provide for direct billing to Tenant for the electricity and gas furnished to Lot on which the Premises during the Termare situated, including, without limitation, making applications entitlement fees, allocation unit fees, and/or any similar fees or charges, and any penalties related thereto. Landlord and Tenant contemplate that all utility fees and services will be separately metered and billed directly to Tenant. Tenant acknowledges that the Premises may become subject to the applicable rationing of utility company in connection with services or restrictions on utility use as required by a public utility company, governmental agency or other similar entity having jurisdiction thereof. Notwithstanding any such service and making rationing or restrictions on use of any deposits as such utility company services, Tenant acknowledges and agrees that its tenancy and occupancy hereunder shall require. be subject to such rationing restrictions as may be imposed upon Landlord, Tenant agrees to pay, or cause to be paid, all charges for electricity and gas furnished to the Premises (or by special facilities serving the Premises, if any) during and Tenant shall in no event be excused or relieved from any covenant or obligation to be kept or performed by Tenant by reason of any such rationing or restrictions. Tenant further agrees to timely and faithfully pay, prior to delinquency, any amount, tax, charge, surcharge, assessment or imposition levied, assessed or imposed upon the TermPremises, punctually as or Tenant's use and when dueoccupancy thereof. From time Notwithstanding anything to timethe contrary contained herein, if requested permitted by Landlord, Tenant shall provide Landlord with evidence of payment to, and good standing with, such utility companies as Landlord may reasonably require. Tenant covenants and agrees to indemnify, hold harmless and defend Landlord against all liability, cost and damage arising out of or in any way connected to Tenant’s non-payment or late payment of any and all charges and rates and deposits to such utility companies relating to the Premises during the Term. If at any time during the Term the Building is not separately metered for electricity and payments on account of electricity are made to Landlord, Landlord shall xxxx Tenant for such usage based on Landlord’s reasonable estimate (taking into account Tenant’s prior usage of electricity) and Tenant’s rate of payment shall increase from time to time based upon the increases in rate charged by the utility company to Landlord. Landlord shall have the right to issue supplemental billing to Tenant from time to time to account for such increases. Any 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. In such eventapplicable Laws, Landlord shall have the right right, after obtaining Tenant's reasonable consent, at any time and from time to charge time during the Term of this Lease to either contract for service from a different company or companies (each such company shall be referred to herein as an "Alternate Service Provider") other than the company or companies presently providing electricity service for the Building or the Park (the "Electric Service Provider") or continue to contract for service from the Electric Service Provider, at Landlord's sole discretion. Tenant an estimated amounthereby agrees to cooperate with Landlord, payable the Electric Service Provider, and any Alternate Service Provider at all times and, as Additional Rent on reasonably necessary, shall allow Landlord, the first of each monthElectric Service Provider, in advanceand any Alternate Service Provider reasonable access to the Building's electric lines, together with payments of Base Rentfeeders, on account of Tenant’s estimated electricity usagerisers, with an annual reconciliation based on actual meter readings such that Tenant will pay wiring, and any other machinery within the amount due hereunderPremises.