Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“ERIF”), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a) that the fixed annual rent set forth in Article 2 of this lease does not yet, but, if Landlord is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (b) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines and equipment are hereinafter called “Ordinary Equipment”) for forty-five (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”), with Landlord providing an average connected load of six (6) xxxxx of electricity for all purposes per usable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. (ii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billing. (iii) In no event, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.
Appears in 2 contracts
Samples: Lease Agreement (On Deck Capital Inc), Lease Agreement (On Deck Capital Inc)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a1) that the the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 3.20 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) KVA7H), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.. For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 453 square feet. 9-a
(iii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx 41/2watts of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing exisiting ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. ERIF Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on May 1, 1996 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to changes of Landlord, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1996 through the date of billing.
(iii) ). In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, is the originally specified $3.20 per per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to May 1, 1996) in effect at any time to be reduced.
Appears in 2 contracts
Samples: Lease (Famous Fixins Inc), Lease (Famous Fixins Inc)
Rent Inclusion. (i) If Tenant acknowledges and so long as Landlord provides electricity agrees that if electric current is furnished to the demised premises on a rent rent-inclusion basis, Section 3.C below shall not apply and Tenant agrees that then (i) the fixed annual rent set forth in this lease shall be increased by the amount of the "Electricity Rent Inclusion Factor Factor" (“hereinafter defined and sometimes called the "ERIF”), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a") that the fixed annual rent set forth in Article 2 of this lease does not yet, but, if Landlord is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars per rentable square foot per annum to compensate Landlord Owner for the electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current to the demised premises as an additional service; , and (bii) that said ERIF, which the ERIF shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of . The Electricity Rent Inclusion Factor shall mean (x) the amount determined by multiplying Owner's Cost by Tenant’s connected electrical load, which shall be deemed to be 's average kilowatt hour and average kilowatt demand usage (determined by the demand most recent survey under this subdivision (KW2), and hours or (y) if no such survey has yet been made, the average on a per rentable square foot basis of use thereof, which shall be deemed to be the energy (KWH) charges for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines and equipment are hereinafter called “Ordinary Equipment”) for forty-five (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”), with Landlord providing an average connected load of six (6) xxxxx of electricity for all purposes per usable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute current to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
premises pursuant to subdivision (ii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d1) of this paragraph from the date of any such increase Section B (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application exclusive of the average consumption (energy and demandOverhead Charge) of electricity for the entire Building for the twelve (12) full calendar months immediately preceding the month in which the provisions of this subdivision (2) shall become effective, multiplied by number of square feet of rentable area of the demised premises, plus twelve (12%) percent of the resulting total. If the provisions of this subdivision (2) shall be effective prior to the effective date expiration of any such increase in costs or any changed methods a period of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) full consecutive months during which Tenant is paying for electric energy to the demised premises pursuant to said subdivision (1) of this Article (and no survey has yet been made under this subdivision (2)), so that the ERIF cannot reasonably be applied and used with respect to changed methods of or rules on billingdetermined in the manner described in the preceding sentence, then the percentage increase Electricity Rent Inclusion Factor shall be computed mean the amount determined by multiplying Owner's Cost by Tenant's average kilowatt hour and average kilowatt demand usage determined by the use estimate of the average consumption (energy and demand) for the entire Building for the first three (3) months after such changean electrical consultant selected by Owner, projected to a full plus twelve (12%) monthspercent of the resulting total. When a survey has been made by the electrical consultant selected by Owner (the "Consultant"), so as to reflect the different seasons; and that same consumptionparties shall make adjustment for any deficiency owed by Tenant or any overage paid by Tenant. If after the first day of any relevant period for which either of the aforesaid computations is made there is an increase or decrease in Owner's Cost then, so projected, the ERIF for such relevant period shall be applied recomputed, effective on and after the change in Owner's Cost, by applying such changed rate and/or charges to the rate and/or service classification and/or cost which existed immediately prior to aforedescribed consumption and demand. Notwithstanding the changeforegoing, on the Commencement Date, the ERIF shall be $2.50 per square foot of rentable area in the demised premises. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) the Consultant shall determine (i) the percentage change for ERIF in accordance with the provisions of this subdivision (2), and (ii) the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant due to changes in Owner's Cost. The Consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipmentcurrent therein, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to redetermined by the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (Consultant in accordance with the connected electrical load (as heretofore defined) deemed to be demand (KW) survey results and the hours provisions of use thereof deemed to be energy this subdivision (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billing2).
(iii) In no event, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.
Appears in 1 contract
Samples: Office Lease (Organic Inc)
Rent Inclusion. (i) If and so long as Landlord provides In the event that Owner shall furnish electricity to the demised premises Tenant on a “rent inclusion inclusion” basis, Section 3.C below shall not apply Tenant acknowledges and Tenant agrees that the fixed annual rent set forth in this Lease shall be increased by an amount (the amount of the “Electricity Rent Inclusion Factor (Factor”; hereinafter defined and sometimes called the “ERIF”), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a) that the fixed annual rent set forth in Article 2 of this lease does not yet, but, if Landlord is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars per rentable square foot per annum to compensate Landlord Owner for the electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current to the demised premises as an additional service; , and (bii) that said ERIF, which the ERIF shall be subject to periodic adjustments as hereinafter provided. The Electricity Rent Inclusion Factor shall mean (x) the amount determined by multiplying Owner’s Cost on January 1, has been partially based upon an estimate of 2005 by Tenant’s connected electrical load, which shall be deemed to be average kilowatt hour and average kilowatt demand usage (determined by the demand most recent survey under this subdivision (KW2), and hours or (y) if no such survey has yet been made, the average on a per rentable square foot basis of use thereof, which shall be deemed to be the energy (KWH) charges for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines and equipment are hereinafter called “Ordinary Equipment”) for forty-five (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”), with Landlord providing an average connected load of six (6) xxxxx of electricity for all purposes per usable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute current to the demised premises. Any installation and use premises pursuant to subdivision (1) of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess this Section B (exclusive of the foregoing Overhead Charge) for the twelve (12) full calendar months preceding the month in which the provisions of this subdivision (2) shall result in adjustment become effective, multiplied by the number of square feet of rentable area of the ERIF as hereinafter provided.
demised premises, plus eight (ii8%) percent of the resulting total. If the cost to Landlord of electricity Owner’s Cost shall have been, or shall be, increased subsequent whether due to April 30 a change in electric rates, charges, fuel adjustments, service classifications, taxes or otherwise, the ERIF shall, effective as of the year date of such increase in which this lease is dated (whether such change occurs prior to or during the term of this lease)cost, due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed increased in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for and the supply and/or distribution fixed rent shall be increased accordingly on account thereof. If the provisions of electricity this subdivision (2) shall be effective prior to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any expiration of the items listed in (a) through (d) a period of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full consecutive months immediately prior during which Tenant is paying for electric energy to the effective date demised premises pursuant to said subdivision (1) of any such increase in costs or any changed methods of or rules for billing for samethis Article (and no survey has yet been made under this subdivision (2)), on a consistent basis to so that the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months ERIF cannot reasonably be applied and used with respect to changed methods of or rules on billingdetermined in the manner described in the preceding sentence, then the percentage increase Electricity Rent Inclusion Factor shall mean the amount determined by multiplying Owner’s Cost by Tenant’s average kilowatt hour and average kilowatt demand usage determined by the estimate of an electrical consultant selected by Owner, plus eight (8%) percent of the resulting total. When a survey has been made by the electrical consultant selected by Owner (the “Consultant”), the parties shall make adjustment for any deficiency owed by Tenant or any overage paid by Tenant. Notwithstanding the foregoing, on the Commencement Date the ERIF shall be computed by $26,304 per annum, and the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after fixed rent set forth in Article 37 hereof includes such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the changeamount. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) the Consultant shall determine the percentage change for ERIF in accordance with the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant provisions of this subdivision (2). The Consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipmentcurrent therein, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any the survey, shall be redetermined by the Consultant in accordance with the survey results and the provisions of this subdivision (2). The determination by the Consultant shall be binding and conclusive on Owner and Tenant from and after the delivery of copies of such change in connected load and/or usagedeterminations to Owner and Tenant, unless within thirty (30) days after the delivery of such copies, Tenant disputes such determinations by having an independent reputable electrical consultant selected and paid for by Tenant, consult with Owner or its consultant as disclosed by to said surveydeterminations. If they shall both agree upon the same, their said agreement shall be binding upon the parties, or if the difference between them is five (5%) percent or less of the determinations made by the Consultant then the determinations made by the Consultant shall be binding upon the parties. If Owner or the Consultant and Tenant’s consultant cannot agree within the said five (5%) percent of each other, they shall jointly select a third duly qualified independent, reputable electrical consultant who shall determine the matter and whose decision shall be binding upon both parties with the same force and effect as if a non-appealable judgment had been entered by a court of competent jurisdiction. If Owner or the Consultant and Tenant’s consultant cannot agree upon such survey a third electrical consultant, the matter shall disclose installation or presence be submitted to arbitration in accordance with Article 45. Any charges of such third consultant shall be borne equally by both parties. When the amount of such increase has been determined, the parties shall execute an agreement supplementary hereto to reflect such adjustment in the demised premises amount of other than Ordinary Equipment, then fixed rent effective as of from the date of said surveydetermined by such electrical consultant as aforesaid. Notwithstanding the foregoing, there until such final determination, Tenant shall be added pay fixed rent to Owner in accordance with the ERIF portion of determinations made by the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be Consultant. After such final determinations, the parties shall make adjustment for any deficiency owed by Tenant or any overage paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billingTenant.
(iii) In no event, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.
Appears in 1 contract
Samples: Office Lease (Bankrate, Inc.)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 2.88 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”") shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 2,989 square feet.
(iii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. survey (ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on February 1, 1999 (and not the time-of-day rate schedule) or the comparable rate schedule (and not the time-of-day rate schedule) of any utility other than Con Ed then providing electrical service to the building as same shall be in effect on the date of such survey, for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to changes of Landlord, as hereinabove provided provided, from April 30 of the year in which this lease is dated February 1, 1999 through the date of billing.
(iii) ). In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, is the originally specified $2.88 per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to February 1, 1999) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Talk City Inc)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a) that the fixed annual rent herein above set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of Three and 45/100 ($3.00 dollars 3.45) Dollars per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of of, electric current as an additional service; and (b) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s 's connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical small business machines, including including, but not limited to, copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and equipment, facsimile transmission machines (such lighting, machines and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45"ordinary business hours" shall be deemed to mean fifty (50) hours per week during the hours 8:00 a.m. to 5:00 p.m.week, Mondays through Fridays, including holidays (“ordinary business hours”holidays), with Landlord providing an average connected load of six (6) xxxxx 4 V2 wxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) If the cost to Landlord . For purposes of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term rentable square foot area of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billing.
(iii) In no event, whether because of surveys or for any other reason, is the per 1,648 rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reducedfeet.
Appears in 1 contract
Samples: Lease Agreement (Omagine, Inc.)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a) that the fixed annual rent herein above set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 3.20 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of of, electric current as an additional service; and (b) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s 's connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and equipment, facsimile transmission machines (such lighting, machines and equipment are hereinafter called “"Ordinary Equipment”") for during ordinary business hours ("ordinary business hours" shall be deemed to mean forty-five (45) hours per week during the hours week, 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”holidays), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this lease the rentable square foot area of the demised premises shall be deemed to be 1,128 rentable square feet.
(ii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated May 1, 1996 (whether such change occurs prior to or during the term of this lease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordclassifications, (b) any increaseor electricity charges, subsequent to the last such electric rate or service classification change, including changes in market prices, or (b) by any increase in fuel adjustments or (c) by charges of any kind, or (cd) any by taxes, imposed or which may be imposed on Landlord’s 's electricity purchases, or on Landlord’s 's electricity redistribution, or (de) by virtue of any other reason or cause, then (x) the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, (y) Tenant’s 's payment obligation obligation, for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (ab) through (de) of this paragraph from the date of any such increase (which may be billed retroactively)paragraph. Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s 's cost due to changes in costs reflected in the matters referred to in (a) through (d) above electric rates, service classifications or market prices shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building building for the twelve (12) full months immediately prior to the effective date of any such increase in costs rate and/or service classification and/or market price change, or any changed methods of or rules for on billing for same, on a consistent basis to the new rate and/or service classification and/or cost market price and to the immediately prior existing rate and/or service classification and/or costmarket price. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost market price which existed immediately prior to the change. The parties agree that a reputable reputable, independent electrical consultant consultant, selected by Landlord (hereinafter referred to as “"Landlord’s 's electrical consultant”) "), shall determine the percentage change for the changes in the ERIF as hereinabove provideddue to Landlord's changed costs, and that Landlord’s 's electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the product derived from multiplying the then existing ERIFERIF by a fraction, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on the date of this lease (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased by all electricity cost charges to increases of Landlord, as hereinabove provided herein above provided, from April 30 of the year in which this lease is dated May 1, 1996 through the date of billing).
(iii) In no event, whether because of surveys or for any other reason, is the originally specified per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electric rate or service classification changes subsequent to May 1, 1996) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Arotech Corp)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 3.15 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), . and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 3454 square feet. If the cost to Landlord of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated May 1, 1996 (whether such change occurs prior to or during the term of this leaseLease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordclassifications, (b) or electricity charges, including changes in market prices, or by any increase, subsequent to the last such electric rate or service classification change or market price change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s 's electricity purchases, purchases or on Landlord’s 's electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a aforesaid ERIF portion of the fixed annual rent, rent shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, classifications or market prices prices, and, alsoalso Tenant's payment obligation, Tenant’s payment obligation for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any fuel adjustments or charges, and such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedtaxes. Any such percentage change in Landlord’s 's cost due to changes change in costs reflected in the matters referred to in (a) through (d) above Landlord's electric rates or service classifications or market prices shall be computed by on the application basis of the average consumption of electricity for the building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost or market price which existed immediately prior to the change. The parties agree that a reputable reputable, independent electrical consultant firm, selected by Landlord Landlord. (hereinafter referred to as “"Landlord’s 's electrical consultant”) "), shall determine the percentage change for the changes in the ERIF as hereinabove provideddue to Landlord's changed costs, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. 's
(i) If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing exisiting ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on May 1, 1996 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to changes of Landlord, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1996 through the date of billing.
(iii) ). In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, is the originally specified $3.15 per per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to May 1, 1996) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Doubleclick Inc)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 2.95 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 8,144 square feet. If the cost to Landlord of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated May 1, 1996 (whether such change occurs prior to or during the term of this leaseLease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordclassifications, (b) or electricity charges, including changes in market prices, or by any increase, subsequent to the last such electric rate or service classification change or market price change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s 's electricity purchases, purchases or on Landlord’s 's electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a aforesaid ERIF portion of the fixed annual rent, rent shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, classifications or market prices prices, and, also, also Tenant’s 's payment obligation for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any fuel adjustments or charges, and such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedtaxes. Any such percentage change in Landlord’s 's cost due to changes change in costs reflected in the matters referred to in (a) through (d) above Landlord's electric rates or service classifications or market prices shall be computed by on the application basis of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) building for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billing.
(iii) In no event, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.full
Appears in 1 contract
Samples: Assignment and Assumption Agreement (G Iii Apparel Group LTD /De/)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the agrees:
1. The fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent rents hereinabove set forth in Article 2 of this lease does Lease do not yet, but, if Landlord is required but are to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant Tenant, the redistribution of of, electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines and equipment are hereinafter called “Ordinary Equipment”) for forty-five (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”), with Landlord providing an average connected load of six (6) xxxxx of electricity for all purposes per usable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed subject to periodic adjustments as herein provided.
2. The ERIF shall be based in part on a survey of Tenant's consumption of redistributed electricity, made as hereinafter provided, and shall be equal to a sum equal to Landlord's cost ("Landlord's Cost") for such electricity, plus 15% thereof. Landlord's Cost for such redistributed electricity shall be equal to Landlord's Cost Rates (as hereinbefore defined) for the same percentage relevant billing period(s) multiplied by Tenant's electricity consumption (i.e. energy and demand) based on the most recent survey thereof, all as any such hereinafter provided. If after the start of the relevant billing period, the cost to Landlord of electricity shall be increased or decreased, by change in cost due to changes in costs Landlord's electric rates or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or electricity charges including changes in market prices andprices, alsoor by changes in fuel adjustments, Tenant’s payment obligation or by taxes or charges of any kind imposed on Landlord's electricity purchases, or on Landlord's electricity redistribution, or for electricity redistribution any other such reason, then the ERIF, based on the most recent survey, shall change from time to time so be redetermined, effective as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes 's rates, etc., by Landlord's electrical consultant, in costs reflected in accordance with the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (provisions hereof.
3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable reputable, independent electrical consultant consultant, selected by Landlord (hereinafter referred to as “"Landlord’s 's electrical consultant”") and paid for by Landlord, shall by survey determine the percentage change for the changes an estimate of Tenant's demand and energy in order to calculate the ERIF as hereinabove providedin accordance with this Article, and that Landlord’s 's electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of currentcurrent in and for such space. If any such survey shall reflect a connected electrical load (i.e., the sum The ERIF portion of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of each said survey, there shall be added to and in accordance with the ERIF portion provisions hereof. Pending the results of the fixed annual rent (computed first survey and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed determination to be demand (KW) and the hours of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable made by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord's consultant, as hereinabove provided from April 30 herein provided, Tenant shall pay to Landlord a temporary ERIF at the rate of the year in which this lease is dated through the date of billing.
(iii) In no event, whether because of surveys or for any other reason, is the $3.00 per rentable square foot ERIF per year (which temporary charge shall thereafter be adjusted by survey and computations as hereinafter provided), for any portion of the fixed annual demised premises receiving electricity on a rent inclusion basis. Said temporary payments shall be adjusted between Landlord and Tenant, by appropriate payments thereafter or by rent credits, retroactive to Tenant's commencement of electricity charges payable by Tenant hereunder under rent inclusion. Within three (however increased as 3) months after Tenant's commencement of being provided herein) in effect at any time electricity on a rent inclusion basis, Landlord will cause such a survey and determination to be reducedmade of the electricity consumption in and for said space; the initial survey's ERIF shall be payable from the date of the start of rent inclusion hereunder. Thereafter, the ERIF shall be adjusted in accordance with surveys and determinations by Landlord's electrical consultant, retroactive to the date of such survey subsequent to the initial survey of the demised premises. The parties understand and agree that in any survey of Tenant's electricity consumption in and for the demised premises, the consultant's survey results shall be calculated to reflect a proper demand (diversity) factor.
Appears in 1 contract
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 3.15 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4'/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 12,223 square feet. If the cost to Landlord of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated May l, 1996 (whether such change occurs prior to or during the term of this leaseLease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordclassifications, (b) or electricity charges, including changes in market prices, or by any increase, subsequent to the last such electric rate or service classification change or market price change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s 's electricity purchases, purchases or on Landlord’s 's electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a aforesaid ERIF portion of the fixed annual rent, rent shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, classifications or market prices prices, and, alsoalso Tenant's payment obligation, Tenant’s payment obligation for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any fuel adjustments or charges, and such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedtaxes. Any such percentage change in Landlord’s 's cost due to changes change in costs reflected in the matters referred to in (a) through (d) above Landlord's electric rates or service classifications or market prices, shall be computed by on the application basis of the average consumption of electricity for the building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billing.
(iii) In no event, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.three
Appears in 1 contract
Samples: Lease Agreement (Doubleclick Inc)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 2.75 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”") shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) xxxxx of 6 wattx xx electricity for all purposes per usable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billing.
(iii) In no event, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.pen
Appears in 1 contract
Samples: Lease Agreement (L90 Inc)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 2.95 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 6,439 square feet. If the cost to Landlord of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated May 1, 1996 (whether such change occurs prior to or during the term of this leaseLease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordclassifications, (b) or electricity charges, including changes in market prices, or by any increase, subsequent to the last such electric rate or service classification change or market price change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s 's electricity purchases, purchases or on Landlord’s 's electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a aforesaid ERIF portion of the fixed annual rent, rent shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, classifications or market prices prices, and, alsoalso Tenant's payment obligation, Tenant’s payment obligation for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any fuel adjustments or charges, and such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedtaxes. Any such percentage change in Landlord’s 's cost due to changes change in costs reflected in the matters referred to in (a) through (d) above Landlord's electric rates or service classifications or market prices shall be computed by on the application basis of the average consumption of electricity for the building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost or market price which existed immediately prior to the change. The parties agree that a reputable reputable, independent electrical consultant firm, selected by Landlord Landlord. (hereinafter referred to as “"Landlord’s 's electrical consultant”) "), shall determine the percentage change for the changes in the ERIF as hereinabove provideddue to Landlord's changed costs, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. 's
(i) If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing exisiting ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on May 1, 1996 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to changes of Landlord, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1996 through the date of billing.
(iii) ). In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, is the originally specified $2.95 per per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to May 1, 1996) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Doubleclick Inc)
Rent Inclusion. (i) If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant Lessee acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of or $3.00 dollars 2.95 per rentable square foot per annum to compensate Landlord Lessor for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant Lessee the redistribution of of, electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s the Lessee's connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of six (6) 4-1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any connected load and/or any energy usage by Tenant Lessee in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 12,878 square feet. If the cost to Landlord Lessor of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated May 1, 1993 (whether such change occurs prior to or during the term of this lease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Lessor's electric rates or service classifications applicable to Landlordclassifications, (b) or by any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s Lessor's electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change changes in cost due to changes in costs electric rates or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s Lessee's payment obligation obligation, for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale fuel adjustments or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedcharges, and taxes. Any such percentage change in Landlord’s Lessor's cost due to changes in costs reflected in the matters referred to in (a) through (d) above electric rates or service classifications shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building building for the twelve (12) full months immediately prior to the effective date of any such increase in costs rate and/or service classification change, or any changed methods of or rules for on billing for same, on a consistent basis to the new rate and/or service classification and/or cost change, and to the immediately prior existing rate and/or service classification and/or costclassifications. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that the same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant reputable, independent consultant, selected by Landlord Lessor (hereinafter referred to as “Landlord’s "Lessor's electrical consultant”) "), shall determine the percentage change for the changes in the ERIF as hereinabove provideddue to Lessor's changed costs, and that Landlord’s Lessor's electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. , (i) If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one4-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s Lessor's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. , (ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore hereinabove described) an additional amount equal to what would be paid by Tenant according to the rate schedule currently in effect for the building during peak hours of the business day under the SC-4 Rate I Service Classification in effect on May 1, 1993 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to Landlordchanges of Lessor, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1993 through the date of billing.
(iii) ). In no event, whether because of surveys or for any other reason, is the originally specified $2.95 per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net income thereof, but not decrease, by virtue of all electric rate or service classification changes subsequent to May 1, 1993) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Kleinerts Inc /Pa/)
Rent Inclusion. (i) If and so long as Landlord provides shall redistribute or furnish electricity to the demised premises Demised Premises on a "rent inclusion basisinclusion" basis in such reasonable quantities as may be required by Tenant to service Tenant's ordinary office equipment installed in the Demised Premises as of the Commencement Date. Tenant shall pay to Landlord, Section 3.C below shall not apply and Tenant agrees that on account, the annual sum of $1.50 per square foot of Rentable Area, which sum is included in the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“ERIF”), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a) that the fixed annual rent set forth in Article 2 of this lease does not yet3.01(a) ("Electric Rent"). At any time during the term, but, if Landlord is required to discontinuing the distribution of electricity on a “submetering” basis, is toLandlord, at such timeTenant's sole cost and expense, include initially may cause an ERIF of $3.00 dollars per rentable square foot per annum to compensate Landlord for independent electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (b) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s connected engineer or electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines and equipment are hereinafter called “Ordinary Equipment”) for forty-five (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”), with Landlord providing an average connected load of six (6) xxxxx of electricity for all purposes per usable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant consulting firm selected by Landlord (hereinafter referred to as “Landlord’s the "Engineer") to make a survey of Tenant's electrical consultant”) shall determine the percentage change for the changes equipment located in the ERIF as hereinabove providedDemised Premises, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use thereof, to determine if the full value of currentelectricity furnished to the Demised Premises exceeds the Electric Rent. If the value of such electricity (applying the Electric Rate to Tenant's usage) exceeds the Electric Rent, Landlord shall furnish a copy of said survey to Tenant and Landlord shall adjust the Electric Rent and fixed rent in -28- 29 accordance with the survey and the Electric Rate, or Cost per Kilowatt and Cost per Kilowatt Hour in effect on the date hereof, as adjusted in accordance with Section 21.02 (iii) below.
(ii) If, on the Commencement Date or at any time during the term, Tenant desires to install in the Demised Premises equipment which would not be considered ordinary office equipment, including, but not limited to, items such survey as copier machines, computer installations or supplemental air-conditioning systems, or other heat or cooling intensive electrically operated equipment, Tenant shall reflect submit to Landlord a connected electrical load (i.e., list indicating the sum specific type of the continuous power ratings of all load-consuming apparatus, additional equipment, and devices which are or can the number, type and model of each item of equipment to be connected simultaneously installed, as well as the manufacturer's electrical rating associated with same. If Landlord consents to the Building’s electrical supply service) in the demised premises in excess installation of four such additional equipment, Landlord, at Tenant's cost and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”)expense, then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal subsequent to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (simultaneously with the connected electrical load installation thereof, may either (as heretofore defineda) deemed cause the Engineer to be make a survey of such additional equipment in accordance with the provisions of Section 21.02(i) hereof, or (b) at Tenant's cost, install a submeter to record Tenant's consumption of and demand (KW) for electricity within the Demised Premises and in that event the hours provisions of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount Section 21.03 below shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billingapply.
(iii) In no eventIf, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time or times after the execution of this lease, the electric rate as published by the electric utility company servicing the Demised Premises ("Electric Schedule") shall be increased or decreased, then commencing with the Commencement Date and from time to time thereafter, the fixed rent and the Electric Rent shall be reducedincreased or decreased, as the case may be, by the percentage increase or decrease in the Electric Schedule. Notwithstanding anything herein to the contrary, under no circumstances shall the Electric Rent be less than the amount set forth in Section 21.02(i) hereof.
Appears in 1 contract
Samples: Lease Agreement (Long Distance Direct Holdings Inc)
Rent Inclusion. (i) If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant Lessee acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 2.95 per rentable square foot per annum to compensate Landlord Lessor for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant Lessee the redistribution of of, electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s the Lessee's connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant Lessee in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this Article the rentable square foot area of the presently demised premises shall be deemed to be 10,624 square feet. If the cost to Landlord Lessor of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated May 1, 1993 (whether such change occurs prior to or during the term of this lease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Lessor's electric rates or service classifications applicable to Landlordclassifications, (b) or by any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s Lessor's electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs electric rates or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s Lessee's payment obligation obligation, for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale fuel adjustments or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedcharges, and taxes. Any such percentage change increases in Landlord’s Lessor's cost due to changes in costs reflected in the matters referred to in (a) through (d) above electric rates or service classifications shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building building for the twelve (12) full months immediately prior to the effective date of any such increase rate and/or service classification change, other change in costs cost, or any changed methods of or rules for on billing for same, on a consistent basis to the new rate and/or service classification and/or cost and to the immediately prior existing rate and/or service classification and/or costclassifications. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that the same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord .
(hereinafter referred to as “Landlord’s electrical consultant”i) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a an average connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the average connected load and/or the energy usage thereof which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s Lessor's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore hereinabove described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on May 1, 1993 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to Landlordchanges of Lessor, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1993 through the date of billing.
(iii) ). In no event, whether because of surveys or for any other reason, is the originally specified $2.95 per rentable square foot fool ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electric rate or service classification changes subsequent to May 1, 1993) in effect at any time to be reduced.
Appears in 1 contract
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises Demised Premises on a rent inclusion basis, Section 3.C below Article 3B shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“ERIF”), as hereinafter defined, determined from time to time defined and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a) that the fixed annual rent set forth in Article 2 of this lease Lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of Two and 25/100 ($3.00 dollars 2.25) Dollars per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant Tenant, the redistribution of electric current as an additional service; and (b) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines and equipment are hereinafter called “Ordinary Equipment”) for forty-five fifty (4550) hours per week during the hours of 8:00 a.m. to 5:00 6:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”), with Landlord providing an average connected demand load of six (6) xxxxx of electricity for all purposes per usable square footto the Demised Premises meeting the Required Electrical Capacity, which shall be the maximum electric electrical service Landlord shall be obligated to redistribute to the demised premisesDemised Premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected demand load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease Lease is dated (whether such change occurs prior to or during the term of this leaseLease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, or (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, or (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for of the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices items listed in (a) through (d) above and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in cost due to changes in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for of same, on a consistent basis basis, to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of of, or rules on on, billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultantElectrical Consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant Electrical Consultant may from time to time make surveys in the demised premises Demised Premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical demand load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises Demised Premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot the Required Electrical Capacity and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), ) then the connected demand load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the product derived from multiplying the then existing ERIFERIF by a fraction, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected demand load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultantElectrical Consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises Demised Premises of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (“KW”) and the hours of use thereof deemed to be energy (“KWH”) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease Lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease Lease is dated through the date of billing.
(iii) In no event, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Shutterstock, Inc.)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”'), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a) that the fixed annual rent herein above set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 ($ 3.18 ) dollars per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of of, electric current as an additional service; and (b) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s 's connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and equipment, facsimile transmission machines (such lighting, machines and equipment are hereinafter called “"Ordinary Equipment”") for during ordinary business hours ("ordinary business hours" shall be deemed to mean forty-five (45) hours per week during the hours week, 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”holidays), with Landlord providing an average connected load of six (6) 4-1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this lease the rentable square foot area of the demised premises shall be deemed to be 12,087 rentable square feet.
(ii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated May 1, 1996 (whether such change occurs prior to or during the term of this lease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordclassifications, (b) any increaseor electricity charges, subsequent to the last such electric rate or service classification change, including changes in market prices, or (b) by any increase in fuel adjustments or (c) by charges of any kind, or (cd) any by taxes, imposed or which may be imposed on Landlord’s 's electricity purchases, or on Landlord’s 's electricity redistribution, or (de) by virtue of any other reason or cause, then (x) the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, (y) Tenant’s 's payment obligation obligation, for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (ab) through (de) of this paragraph from the date of any such increase (which may be billed retroactively)paragraph. Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s 's cost due to changes in costs reflected in the matters referred to in (a) through (d) above electric rates, service classifications or market prices shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building building for the twelve (12) full months immediately prior to the effective date of any such increase in costs rate and/or service classification and/or market price change, or any changed methods of or rules for on billing for same, on a consistent basis to the new rate and/or service classification and/or cost market price and to the immediately prior existing rate and/or service classification and/or costmarket price. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost market price which existed immediately prior to the change. The parties agree that a reputable reputable, independent electrical consultant consultant, selected by Landlord (hereinafter referred to as “"Landlord’s 's electrical consultant”) "), shall determine the percentage change for the changes in the ERIF as hereinabove provideddue to Landlord's changed costs, and that Landlord’s 's electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one4-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the product derived from multiplying the then existing ERIFERIF by a fraction, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on the date of this lease (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased by all electricity cost charges to increases of Landlord, as hereinabove provided herein above provided, from April 30 of the year in which this lease is dated May 1, 1996 through the date of billing).
(iii) In no event, whether because of surveys or for any other reason, is the originally specified per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electric rate or service classification changes subsequent to May 1, 1996) in effect at any time to be reduced.
Appears in 1 contract
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the agrees:
1. The fixed annual rent shall be increased by the an amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease Lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant Tenant, the redistribution of of, electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines and equipment are hereinafter called “Ordinary Equipment”) for forty-five (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”), with Landlord providing an average connected load of six (6) xxxxx of electricity for all purposes per usable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed subject to periodic adjustments as herein provided.
2. The ERIF shall be based in part on a survey of Tenant's consumption of redistributed electricity, made as hereinafter provided, and shall be equal to a sum equal to Landlord's cost (Landlord's Cost) for such electricity as in (B) hereof defined, plus 15% thereof. Landlord's Cost for such redistributed electricity shall be equal to Landlord's Cost Rates (as hereinbefore defined) for the same percentage relevant billing period multiplied by tenant's electricity consumption (i.e. energy and demand) based on the most recent survey thereof, all as any such hereinafter provided. If after the start of the relevant billing period, the cost to Landlord shall be increased or decreased, by change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates, charges, fuel adjustments or service classifications, or market prices andby taxes or charges of any kind imposed thereon, alsoor for any other such reasons, Tenant’s payment obligation for electricity redistribution then the ERIF, based on the most recent survey, shall change from time to time so be redetermined, effective as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes 's costs, by Landlord's electrical consultant, in costs reflected in accordance with the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (provisions hereof.
3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable reputable, independent electrical consultant consultant, selected by Landlord (hereinafter referred to as “"Landlord’s 's electrical consultant”) "), shall by survey determine the percentage change for the changes as estimate of Tenant's demand and energy in order to calculate the ERIF as hereinabove providedin accordance with this Article, and that Landlord’s 's electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of currentcurrent in and for such space. If any such survey shall reflect a connected electrical load (i.e., the sum The ERIF portion of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of each said survey, there shall and in accordance with the provisions hereof. Pending the results of the initial survey and determination to be added to made by Landlord's consultant, as herein provided, the ERIF portion of the fixed annual rent shall be calculated using the following method: For any portion of the initial twelve (computed 12) months after the cessation of submetering, when Landlord provides electricity to Tenant on a rent inclusion basis prior to the date of the initial survey of Tenant, the Tenant's electricity consumption (i.e., energy and fixed as hereinbefore describeddemand) an additional amount equal to what would for each month during such initial twelve (12)month period, instead of based on a survey, shall be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be energy (KWH) same as hereinbefore provided) under Tenant's submetering consumption figures for the rates or charges in effect and payable by Landlord as of April 30 corresponding month of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges twelve (12) month period immediately prior to Landlord, as hereinabove provided from April 30 such start of the year in which this lease is dated through the date of billingrent inclusion.
(iii) In no event, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease (Signal Apparel Company Inc)
Rent Inclusion. (i) If the requirements of law change so that Landlord may not legally furnish electricity to Tenant on a submetering basis, then and only in such event, Landlord reserves the right, at any time upon thirty (30) days’ written notice to Tenant, to change its furnishing of electricity to Tenant from a submetering basis to a rent inclusion basis. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“ERIF”), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a) that the fixed annual rent set forth in Article 2 of this lease does not yet, but, if Landlord is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary foras hereinafter provided, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; , for Tenant’s reasonable use of air conditioning equipment, kitchen and (b) that said small appliances, ordinary lighting and office equipment, during ordinary business hours. The “ERIF, which ” shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate the amount determined by applying the reasonably estimated electrical load of Tenant’s connected electrical load, which shall be deemed to be the demand (KW) (which shall reflect a proper diversity factor), and hours of use thereof, which shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation of typical small business machines, including copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines and equipment are hereinafter called “Ordinary Equipment”) for forty-five (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”), with Landlord providing an average connected load of six (6) xxxxx of electricity for all purposes per usable square foot, which shall be as determined by the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF electrical consultant as hereinafter provided, to the average rate charged for such load and energy usage in the SC-4, Rate I Service Classification in effect for the twelve (12) month period ending April 1, 2000 (and not the time-of-day schedule, if any).
(ii) The parties acknowledge that the fixed annual rent hereinabove set forth has not yet been, but may be, increased by the ERIF. Tenant, therefore, agrees to have the fixed annual rent hereinabove set forth so increased by an ERIF of $3.00 per rentable square foot, to be paid in equal monthly installments, in advance from the date when Landlord commenced to furnish electricity to Tenant on a rent inclusion basis.
(iii) If the cost to Landlord of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated 1, 2000 (whether such change occurs prior to or during the term of this leaseLease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord’s electric rates or service classifications applicable to Landlordclassifications, (b) or electricity charges, including changes in market prices, for by any increaseincrease or decrease, subsequent to the last such electric rate or service classification change or market price change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a aforesaid ERIF portion of the fixed annual rent, rent shall be changed in increased by the same percentage as any such change actual amount of the increase in cost due to changes in costs electric rates or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, classifications or market prices prices, and, also, also Tenant’s payment obligation obligation, for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase or decrease in any of the items listed in (a) through (d) of this paragraph from the date of any fuel adjustments or charges, and such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedtaxes. Any such percentage change in Landlord’s cost due to changes change in costs reflected in the matters referred to in (a) through (d) above Landlord’s electric rates or service classifications or market prices, shall be computed by on the application basis of the average consumption of electricity for the building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase or decrease shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost or market price which existed immediately prior to the change. The parties agree that a reputable reputable, independent electrical consultant firm, selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided), and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of covering the electrical equipment and fixtures and the use of currentcurrent therein. If any such survey shall reflect disclose a connected change in Tenant’s electrical load (i.e., the sum reflecting a proper diversity factor for demand) or hours of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”)use, then the connected electrical load and/or the hours of use portion(s) and energy usage portion of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIFchanged in accordance with such survey, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined ERIF redetermined, accordingly, by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then adjusted effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billing.
(iii) . In no event, whether because of surveys surveys, rate changes or for any other reason, is the ERIF to be less than the originally specified $3.00 per rentable square foot per annum.
(iv) The survey determinations by Landlord’s electrical consultant shall be binding and conclusive on Landlord and Tenant from and after the delivery of copies of such determinations to Landlord and Tenant, unless, within sixty (60) days after delivery thereof, Tenant disputes such determination. If Tenant so disputes such determination, it shall, at its own expense, obtain from a reputable, independent electrical consultant its own determinations in accordance with the provisions of this Article. Tenant’s consultant and Landlord’s consultant then shall seek to agree. If they cannot agree within thirty (30) days they shall choose a third reputable electrical consultant, whose cost shall be shared equally by the parties, to make similar determinations which shall be controlling. (If they cannot agree on such third consultant within ten (10) days, than either party may apply to the Supreme Court in the County of New York for such appointment.) However, pending such controlling determinations, Tenant shall pay to Landlord the amount of additional rent or ERIF portion in accordance with the determinations of Landlord’s electrical consultant. If the fixed annual controlling determinations differ from Landlord’s electrical consultant, then the parties shall promptly make adjustment (by rent (however increased as provided hereincredit or payment) in effect at for any time to be reduceddeficiency owed by Tenant or overage paid by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Coty Inc /)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (a1) that the the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 3.20 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) KVA7H), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 1341 Square Feet.
(iii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx 41/2watts of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing exisiting ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. ERIF Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on May 1, 1996 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to changes of Landlord, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1996 through the date of billing.
(iii) ). In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, is the originally specified $3.20 per per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to May 1, 1996) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease (Famous Fixins Inc)
Rent Inclusion. (i) If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant Lessee acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars per rentable square foot per annum to compensate Landlord Lessor for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant Lessee the redistribution of of, electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s the Lessee's connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of six (6) xxxxx of 4-1/2 wattx xx electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant Lessee in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 17,200 square feet.
(iii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of 1/2 wattx xx electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “'excess electricity”), ') then the connected load and/or the hours of use portion(s) of the at then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the the, connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s Lessor's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, . there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service. Classification in effect on May 1, 1995 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to Landlordchanges of Lessor, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1995 through the date of billing.
(iii) ). In no event, whether because of surveys or for any other reason, is the originally specified $3.00 per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electric rate or service classification changes subsequent to May 1, 1995) in effect at any time to be reduced.
Appears in 1 contract
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including copying facsimile machines, desk top personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission desk top document scanners, Xerox or other copying machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”") shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected demand load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 14,243 square feet. If the cost to Landlord of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated May 1, 1999 (whether such change occurs prior to or during the term of this leaseLease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordclassifications, (b) any or electricity charges, including changes in market prices, or by an increase, subsequent to the last such electric rate or service classification change or market price change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s 's electricity purchases, purchases or on Landlord’s 's electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a aforesaid ERIF portion of the fixed annual rent, rent shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, classifications or market prices prices, and, alsoalso Tenant's payment obligation, Tenant’s payment obligation for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any fuel adjustments or charges, and such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedtaxes. Any such percentage change in Landlord’s 's cost due to changes change in costs reflected in the matters referred to in (a) through (d) above Landlord's electric rate or service classifications or market prices, shall be computed by on the application basis of the average consumption of electricity for the building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost or market price which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord agree
(hereinafter referred to as “Landlord’s electrical consultant”i) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected demand electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected demand electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected demand load and/or excess usage) and the denominator of which is the connected demand load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected demand load and/or usage, as disclosed by said survey. survey (ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on May 1, 1999 (and not the time-of day rate schedule) or the comparable rate schedule (and not the time-of-day rate schedule) of any utility other than Con Ed then providing electrical service to the building as same shall be in effect on the date of such survey for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to changes of Landlord, as hereinabove provided provided, from April 30 of the year in which this lease is dated through May 1, 1999 through' the date of billing.
(iii) ). In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, is the originally specified $3.00 per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Phase2media Inc)
Rent Inclusion. (i) If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant . Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant Lessee acknowledges and agrees (ai) that the fixed annual rent rent* hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 2.75 per rentable square foot per annum to compensate Landlord Lessor for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant Lessee the redistribution of of, electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s the Lessee's connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant Lessee in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this Article the rentable square foot area of the presently demised premises shall be deemed to be 21,248 square feet. If the cost to Landlord Lessor of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated January 1, 1990 (whether such change occurs prior to or during the term of this lease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Lessor's electric rates or service classifications applicable to Landlordclassifications, (b) or by any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s Lessor's electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs electric rates or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s Lessee's payment obligation obligation, for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale fuel adjustments or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedcharges, and taxes. Any such percentage change increases in Landlord’s Lessor's cost due to changes in costs reflected in the matters referred to in (a) through (d) above electric rates or service classifications shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building building for the twelve (12) full months immediately prior to the effective date of any such increase rate and/or service classification change, other change in costs cost, or any changed methods of or rules for on billing for same, on a consistent basis to the new rate and/or service classification and/or cost and to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve *$2.90 effective 4/17/92.
(12i) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a an average connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the average connected load and/or the energy usage thereof which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s Lessor's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. , (ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore hereinabove described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service classification in effect on January 1, 1990 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to Landlordchanges of Lessor, as hereinabove provided provided, from April 30 of the year in which this lease is dated January 1, 1990 through the date of billing.
(iii) ). * In no event, whether because of surveys or for any other reason, is the originally specified $2.75 per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electric rate or service classification changes subsequent to January 1, 1990) in effect at any time to be reduced.
Appears in 1 contract
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 3.15 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 7752 square feet. If the cost to Landlord of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated May 1, 1999 (whether such change occurs prior to or during the term of this leaseLease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordclassifications, (b) or electricity charges, including changes in market prices, or by any increase, subsequent to the last such electric rate or service classification change or market price change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s 's electricity purchases, purchases or on Landlord’s 's electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a aforesaid ERIF portion of the fixed annual rent, rent shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, classifications or market prices prices, and, alsoalso Tenant's payment obligation, Tenant’s payment obligation for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any fuel adjustments or charges, and such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedtaxes. Any such percentage change in Landlord’s 's cost due to changes change in costs reflected in the matters referred to in (a) through (d) above Landlord's electric rates or service classifications or market prices, shall be computed by on the application basis of the average consumption of electricity for the building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost or market price which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord reputable,
(hereinafter referred to as “Landlord’s electrical consultant”i) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) 1/2 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on May l, 1999 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to changes of Landlord, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1999 through the date of billing.
(iii) ). In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, is the originally specified $3.15 per annum per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to May 1, l999) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Partminer Inc)
Rent Inclusion. (i) If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant Lessee acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 2.75 per rentable square foot per annum to compensate Landlord Lessor for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant Lessee the redistribution of of, electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s the Lessee's connected electrical load, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of six (6) xxxxx of 4-1/2 wattx xx electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Ordinary, Equipment and/or any connected load and/or any energy usage by Tenant Lessee in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 1,020 square feet.
(iii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one4-half (4 1⁄2) xxxxx of 1/2 wattx xx electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s Lessor's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on November 1, 1990 (and not the time-of- day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under provided (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to Landlordchanges of Lessor, as hereinabove provided provided, from April 30 of the year in which this lease is dated November 1, 1990 through the date of billing.
(iii) ). In no event, . whether because of surveys or of for any other reason, is the originally specified $2.75 per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electric rate or service classification changes subsequent to November 1, 1990) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Fundex Games LTD)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 3 00 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; , and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in, whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment, the operation of building air-conditioning equipment during ordinary business hours, and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers p.c.'s and peripheral equipment such as printers, telephone switching equipment and facsimile transmission fax machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 60 hours per week), with Landlord providing an average connected load of six (6) 5 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 5,282 square feet. If the cost to Landlord of electricity shall have been, or shall be, increased or decreased subsequent to April 30 of the year in which this lease is dated December 1, 1999 (whether such change occurs prior to or during the term of this leaseLease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordclassifications, (b) or electricity charges, including changes in market prices, or by any increase, subsequent to the last such electric rate or service classification change or market price change, in market prices, in fuel adjustments or charges of any kind, (c) any or by taxes, imposed or which may be imposed on Landlord’s 's electricity purchases, or on Landlord’s 's electricity redistribution, or (d) by virtue of for any other reason or causesuch reason, then the ERIF, which is a aforesaid ERIF portion of the fixed annual rent, annua1 rent shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices prices, and, alsoalso Tenant's payment obligation, Tenant’s payment obligation for electricity redistribution redistribution, shall change from time to time so as to reflect any such increase in any of the items listed in (afuel) through (d) of this paragraph from the date of any adjustments or charges, and such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billedtaxes. Any such percentage change in Landlord’s 's cost due to changes change in costs reflected in the matters referred to in (a) through (d) above Landlord's electric rates or service classifications or market prices, shall be computed by on the application basis of the average consumption of electricity for the building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any) changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord different
(hereinafter referred to as “Landlord’s electrical consultant”i) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) 5 xxxxx of electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “cal1ed "excess electricity”), ") then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on December 1, 1999 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to changes of Landlord, as hereinabove provided provided, from April 30 of the year in which this lease is dated December 1, 1999 through the date of billing.
(iii) In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, reason is the originally specified $3.00 per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue; of all electricity rate or service classification or market price changes of Landlord subsequent; to December 1, 1999) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Alloy Online Inc)
Rent Inclusion. (i) If and so long as Landlord Owner provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 2.50 per rentable square foot per annum to compensate Landlord Owner for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord Owner providing an average connected load of six (6) xxxxx of 4 1/2 wattx xx electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) If . For purposes of this lease the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 rentable square foot area of the year in which this lease is dated (whether such change occurs prior presently demised premises shall be deemed to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or be 5537 square feet. Owner's electric rates rate or service classifications applicable to Landlordor market prices, (b) any increase, subsequent shall be computed on the basis of the average consumption of electricity for the Building for the twelve full months immediately prior to the last rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification change, in or market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity price and to the Building immediately prior existing electric rate or electric rates, service classifications, classification or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively)price. Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of If the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost or market price which existed immediately prior to the change. The parties agree that a reputable reputable, independent electrical consultant firm, selected by Landlord Owner, (hereinafter referred to as “Landlord’s "Owner's electrical consultant”) "), shall determine the percentage change for the changes in the ERIF as hereinabove provideddue to Owner's changed costs, and that Landlord’s Owner's electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. current (i) If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of 1/2 wattx xx electricity for all purposes per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., i.e. excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s Owner's electrical consultant. The fixed annual rent shall then be appropriately appropriate adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. survey (ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on May 1, 1996 (and not the time-of-day rate schedule) for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under , (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to Landlordchanges of Owner, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1996 through the date of billing.
(iii) ). In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, is the originally specified $2.50 per rentable square foot ERIF portion of the fixed annual rent (however increased as provided hereinplus any net increase thereof, but not decrease, by virtue of all electricity rate, service classification or market price changes of Owner subsequent to May 1, 1996) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Medscape Inc)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises Premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease Lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of three ($3.00 3.00) dollars per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation of typical the usual small business machines, including copying facsimile machines, desktop personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission desktop document scanners, Xerox or other copying machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45"ordinary business hours") shall be deemed to mean fifty (50) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“ordinary business hours”)week, with Landlord providing an average connected load of six four and a half (64 1/2) xxxxx watts of electricity for all purposes per usable purpoxxx xer rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this Lease, the rentable square foot area of the presently demised Premises shall be deemed to be eight thousand sixty-four (8,064) square feet.
(iii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to April 30 of the year in which this lease is dated (whether such change occurs prior to or during the term of this lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates or service classifications applicable to Landlord, (b) any increase, subsequent to the last such electric rate or service classification change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected an adjusted demand electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises Premises in excess of four and one-a half (4 1⁄21/2) xxxxx watts of electricity for all purposes purpxxxx per usable rentable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “"excess electricity”), ") then the connected adjusted demand electrical load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected adjusted demand load and/or excess usage) and the denominator of which is the connected adjusted demand load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s 's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected adjusted demand load and/or usage, as disclosed by said survey. .
(ii) If such survey shall disclose installation or presence in the demised premises and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant under the SC-4 Rate I Service Classification in effect on May 1, 1999 (and not the time of day rate schedule) or the comparable rate schedule (and not the time of day rate schedule) of any utility other than Con Ed then providing electrical service to the Building as same shall be in effect on the date of such survey for such load and usage of electricity (electricity, with the connected electrical load (as heretofore defined) deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH) ), as hereinbefore provided) under provided (which addition to the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount ERIF shall be further increased or decreased by all electricity cost charges to changes of Landlord, as hereinabove provided provided, from April 30 of the year in which this lease is dated May 1, 1999 through the date of billing.
(iii) ). In no event, whether because of surveys surveys, rates or cost changes, or for any other reason, is the originally specified three ($3.00) dollars per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Fusion Telecommunications International Inc)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Section 3.C below shall not apply and Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor (“"ERIF”"), as hereinafter defined, determined from time to time and by the amounts as hereinafter determined. Tenant acknowledges and agrees (ai) that the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but, if Landlord but is required to discontinuing the distribution of electricity on a “submetering” basis, is to, at such time, include initially an ERIF of $3.00 dollars 2.95 per rentable square foot per annum to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (bii) that said ERIF, which ERIF shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s 's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), ) and hours of use thereof, which shall be deemed to be the energy (KWH) ), for ordinary lighting and light office equipment and the operation Operation of typical the usual small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment and facsimile transmission machines (such lighting, machines lighting and equipment are hereinafter called “"Ordinary Equipment”") for forty-five during ordinary business hours (45) hours per week during the hours 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays (“"ordinary business hours”" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of six (6) 4 1/2 xxxxx of electricity for all purposes per usable rentable square foot, which shall be the maximum electric service Landlord shall be obligated to redistribute to the demised premises. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided.
(ii) . For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 4,192 square feet. If the cost to Landlord of electricity shall have been, or shall be, be increased or decreased subsequent to April 30 of the year in which this lease is dated May 1, 1996 (whether such change occurs prior to or during the term of this leaseLease), due to (a) any by change in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or Landlord's electric rates or service classifications applicable to Landlordor electricity charges, (b) including changes in market prices, or by any increase, increase subsequent to the last such electric rate or service classification change or market price change, in market prices, in fuel adjustments or charges of any kind, (c) any taxes, imposed or which may be imposed on Landlord’s electricity purchases, or on Landlord’s electricity redistribution, or (d) by virtue of any other reason or cause, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such change in cost due to changes in costs or fees paid by Landlord under any agreement for the supply and/or distribution of electricity to the Building or electric rates, service classifications, or market prices and, also, Tenant’s payment obligation for electricity redistribution shall change from time to time so as to reflect any such increase in any of the items listed in (a) through (d) of this paragraph from the date of any such increase (which may be billed retroactively). Sales taxes collectible by Landlord under applicable law in connection with the sale or re-distribution of electricity to Tenant shall be paid by Tenant to Landlord as additional rent when billed. Any such percentage change in Landlord’s cost due to changes in costs reflected in the matters referred to in (a) through (d) above shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the effective date of any such increase in costs or any changed methods of or rules for billing for same, on a consistent basis to the new rate and/or service classification and/or cost to the immediately prior existing rate and/or service classification and/or cost. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification and/or cost which existed immediately prior to the change. The parties agree that a reputable electrical consultant selected by Landlord (hereinafter referred to as “Landlord’s electrical consultant”) shall determine the percentage change for the changes in the ERIF as hereinabove provided, and that Landlord’s electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and the use of current. If any such survey shall reflect a connected electrical load (i.e., the sum of the continuous power ratings of all load-consuming apparatus, equipment, and devices which are or can be connected simultaneously to the Building’s electrical supply service) in the demised premises in excess of four and one-half (4 1⁄2) xxxxx of electricity for all purposes per usable square foot and/or energy usage in excess of ordinary business hours (each such excess is hereinafter called “excess electricity”), then the connected load and/or the hours of use portion(s) of the then existing ERIF shall each be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis for the computation of the then existing ERIF. Such fractions shall be determined by Landlord’s electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey. If such survey shall disclose installation or presence in the demised premises of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of the fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid by Tenant for such load and usage of electricity (with the connected electrical load (as heretofore defined) deemed to be demand (KW) and the hours of use thereof deemed to be energy (KWH) as hereinbefore provided) under the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, which additional amount shall be further increased by all electricity cost charges to Landlord, as hereinabove provided from April 30 of the year in which this lease is dated through the date of billing.
(iii) In no event, whether because of surveys or for any other reason, is the per rentable square foot ERIF portion of the fixed annual rent (however increased as provided herein) in effect at any time to be reduced.in
Appears in 1 contract
Samples: Lease Agreement (Iamg Holdings Inc)