Common use of Rent Inclusion Clause in Contracts

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.

Appears in 2 contracts

Samples: Agreement of Lease (On Deck Capital Inc), Agreement of Lease (On Deck Capital Inc)

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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

Appears in 2 contracts

Samples: Famous Fixins Inc, Famous Fixins Inc

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.

Appears in 1 contract

Samples: Non Disturbance and Attornment 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 (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.. 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 May 1, 1996 (whether such change occurs prior to or during the term of this Lease), by change in Landlord's electric rates or service classifications, 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 fuel adjustments or charges of any kind, or by taxes, imposed on Landlord's electricity purchases or on Landlord's electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in 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 fuel adjustments or charges, and such taxes. Any such percentage change in Landlord's cost due to change in Landlord's electric rates or service classifications or market prices shall be computed on the 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) for the entire building for said prior (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 or market price which existed immediately prior to the change. The parties agree that a reputable, independent electrical consultant firm, selected by Landlord. ("Landlord's electrical consultant"), shall determine the percentage change for the changes in ERIF due to Landlord's changed costs, and that Landlord's

Appears in 1 contract

Samples: Lease (Doubleclick 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. The Electricity Rent Inclusion Factor shall mean (x) the amount determined by multiplying Owner's Cost by Tenant's average kilowatt hour and average kilowatt demand usage (determined by the most recent survey under this subdivision (2), or (y) if no such survey has yet been made, the average on a per rentable square foot basis of the charges for electric current to the demised premises pursuant to subdivision (1) of this Section B (exclusive of the Overhead Charge) for the twelve (12) full calendar months 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 expiration of a period of 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 be determined in the manner described in the preceding sentence, then the 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 twelve (12%) percent of the resulting total. When a survey has been partially based upon 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. If after the first day of any relevant period for which either of the aforesaid computations is made there is an estimate of Tenant’s connected electrical loadincrease or decrease in Owner's Cost then, which the ERIF for such relevant period shall be deemed recomputed, effective on and after the change in Owner's Cost, by applying such changed rate and/or charges to be the demand (KW)aforedescribed consumption and demand. Notwithstanding the foregoing, and hours of use thereofon the Commencement Date, which the ERIF shall be deemed to be the energy (KWH) for ordinary lighting and light office equipment and the operation $2.50 per square foot 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 rentable area in the demised premises. Any installation The parties agree that the Consultant shall determine (i) the ERIF in accordance with the provisions of this subdivision (2), and (ii) the changes in the ERIF 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 use of equipment other than Ordinary Equipment and/or any connected load and/or any energy usage by Tenant in excess current therein, and the ERIF, effective as of the foregoing shall result in adjustment date of the ERIF as hereinafter providedsurvey, shall be redetermined by the Consultant in accordance with the survey results and the provisions of this subdivision (2).

Appears in 1 contract

Samples: Organic 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 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.. 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 May 1, 1999 (whether such change occurs prior to or during the term of this Lease), by change in Landlord's electric rates or service classifications, 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 fuel adjustments or charges of any kind, or by taxes, imposed on Landlord's electricity purchases or on Landlord's electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in 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 fuel adjustments or charges, and such taxes. Any such percentage change in Landlord's cost due to change in Landlord's electric rate or service classifications or market prices, shall be computed on the 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) for the entire building for said prior (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 or market price which existed immediately prior to the change. The parties agree

Appears in 1 contract

Samples: Lease Modification Agreement (Phase2media 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. For purposes of this lease the rentable square foot area of the demised premises shall be deemed to be 1,648 rentable square feet.

Appears in 1 contract

Samples: Agreement of Lease (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 (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.

Appears in 1 contract

Samples: Lease (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 (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.. 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 May 1, 1996 (whether such change occurs prior to or during the term of this Lease), by change in Landlord's electric rates or service classifications, 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 fuel adjustments or charges of any kind, or by taxes, imposed on Landlord's electricity purchases or on Landlord's electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in 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 fuel adjustments or charges, and such taxes. Any such percentage change in Landlord's cost due to change in Landlord's electric rates or service classifications or market prices shall be computed on the 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) for the entire building for said prior (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 or market price which existed immediately prior to the change. The parties agree that a reputable, independent electrical consultant firm, selected by Landlord. ("Landlord's electrical consultant"), shall determine the percentage change for the changes in ERIF due to Landlord's changed costs, and that Landlord's

Appears in 1 contract

Samples: Lease (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.. 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 May 1, 1996 (whether such change occurs prior to or during the term of this Lease), by change in Landlord's electric rates or service classifications, 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 fuel adjustments or charges of any kind, or by taxes, imposed on Landlord's electricity purchases or on Landlord's electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in 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 fuel adjustments or charges, and such taxes. Any such percentage change in Landlord's cost due to change in Landlord's electric rates or service classifications or market prices shall be computed on the basis of the average consumption of electricity for the building for the twelve 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 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.. 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 May 1, 1999 (whether such change occurs prior to or during the term of this Lease), by change in Landlord's electric rates or service classifications, 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 fuel adjustments or charges of any kind, or by taxes, imposed on Landlord's electricity purchases or on Landlord's electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in 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 fuel adjustments or charges, and such taxes. Any such percentage change in Landlord's cost due to change in Landlord's electric rates or service classifications or market prices, shall be computed on the 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) for the entire building for said prior (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 or market price which existed immediately prior to the change. The parties agree that a reputable,

Appears in 1 contract

Samples: Lease (Partminer 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 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.. 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 December 1, 1999 (whether such change occurs prior to or during the term of this Lease), by change in Landlord's electric rates or service classifications, 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 fuel adjustments or charges of any kind, or by taxes, imposed on Landlord's electricity purchases, or on Landlord's electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annua1 rent shall be changed in the same percentage as any such change in cost due to changes in 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 fuel) adjustments or charges, and such taxes. Any such percentage change in Landlord's cost due to change in Landlord's electric rates or service classifications or market prices, shall be computed on the 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) for the entire building for said prior (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

Appears in 1 contract

Samples: Agreement of Lease (Alloy Online 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.

Appears in 1 contract

Samples: 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 (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.

Appears in 1 contract

Samples: Famous Fixins Inc

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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. 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 Lessor of electricity shall have been, or shall be, increased or decreased subsequent to January 1, 1990 (whether such change occurs prior to or during the term of this lease), by change in Lessor's electric rates or service classifications, or by any increase, subsequent to the last such electric rate or service classification change, in fuel adjustments or charges of any kind, or by taxes, imposed on Lessor's electricity purchases, or for any other such 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 electric rates or service classifications, and, also, Lessee's payment obligation, for electricity redistribution, shall change from time to time so as to reflect any such increase in fuel adjustments or charges, and taxes. Any such percentage increases in Lessor's cost due to changes in electric rates or service classifications 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 rate and/or service classification change, other change in cost, or any changed methods of or rules on billing for same, on a consistent basis to the new rate and/or service classification and to *$2.90 effective 4/17/92.

Appears in 1 contract

Samples: Agreement of Trust (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 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.. 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 May l, 1996 (whether such change occurs prior to or during the term of this Lease), by change in Landlord's electric rates or service classifications, 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 fuel adjustments or charges of any kind, or by taxes, imposed on Landlord's electricity purchases or on Landlord's electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in 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 fuel adjustments or charges, and such taxes. Any such percentage change in Landlord's cost due to change in Landlord's electric rates or service classifications or market prices, shall be computed on the 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) for the entire building for said prior (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

Appears in 1 contract

Samples: Lease (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 2.95 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.. 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 increased or decreased subsequent to May 1, 1996 (whether such change occurs prior to or during the term of this Lease), by change in Landlord's electric rates or service classifications 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

Appears in 1 contract

Samples: Agreement of Lease (Iamg 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. 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 Lessor of electricity shall have been, or shall be, increased or decreased subsequent to May 1, 1993 (whether such change occurs prior to or during the term of this lease), by change in Lessor's electric rates or service classifications, or by any increase, subsequent to the last such electric rate or service classification change, in fuel adjustments or charges of any kind, or by taxes, imposed on Lessor's electricity purchases, or for any other such 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 electric rates or service classifications, and, also, Lessee's payment obligation, for electricity redistribution, shall change from time to time so as to reflect any such increase in fuel adjustments or charges, and taxes. Any such percentage increases in Lessor's cost due to changes in electric rates or service classifications 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 rate and/or service classification change, other change in cost, or any changed methods of or rules on billing for same, on a consistent basis to the new rate and/or service classification and to the immediately prior existing rate and/or service classifications. 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 the same consumption, so projected, shall be applied to the rate and/or service classification which existed immediately prior to the change.

Appears in 1 contract

Samples: Agreement of Lease (G Iii Apparel Group LTD /De/)

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.

Appears in 1 contract

Samples: Lease (Fusion Telecommunications International 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. For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed to be 5537 square feet. Owner's electric rate or service classifications or market prices, shall be computed on the 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) for the entire Building for said prior (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 or market price which existed immediately prior to the change. The parties agree that a reputable, independent electrical consultant firm, selected by Owner, ("Owner's electrical consultant"), shall determine the percentage change for the changes in ERIF due to Owner's changed costs, and that Owner's electrical consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and use of current (i) If such survey shall reflect a connected electrical load in the demised premises in excess of 4 1/2 wattx xx electricity for all purposes per rentable square foot and/or energy usage in excess of ordinary business hours (each such excess hereinafter called "excess electricity") then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall 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 of the then existing ERIF. Such fractions shall be determined by Owner's electrical consultant. The fixed annual rent shall then be appropriate 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 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 fixed annual rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid 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, with the connected electrical load deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH), as hereinbefore provided, (which addition to the ERIF shall be increased or decreased by all electricity cost changes of Owner, as hereinabove provided, from May 1, 1996 through the date of billing). In no event, whether because of surveys, rates or cost changes, or for any reason, is the originally specified $2.50 per rentable square foot ERIF portion of the fixed annual rent (plus 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) to be reduced.

Appears in 1 contract

Samples: Medscape 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.

Appears in 1 contract

Samples: Agreement of Lease (Everlast Worldwide 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. 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 Lessor of electricity shall have been, or shall be, increased or decreased subsequent to May 1, 1993 (whether such change occurs prior to or during the term of this lease), by change in Lessor's electric rates or service classifications, or by any increase, subsequent to the last such electric rate or service classification change, in fuel adjustments or charges of any kind, or by taxes, imposed on Lessor's electricity purchases, or for any other such reason, then the ERIF, which is a portion of the fixed annual rent, shall be changed in the same percentage as any such changes in cost due to changes in electric rates or service classifications, and, also, Lessee's payment obligation, for electricity redistribution, shall change from time to time so as to reflect any such increase in fuel adjustments or charges, and taxes. Any such percentage change in Lessor's cost due to changes in electric rates or service classifications 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 rate and/or service classification change, or any changed methods of or rules on billing for same, on a consistent basis to the new rate and/or service classification change, and to the immediately prior existing rate and/or service classifications. If the average consumption of electricity for the entire building for said prior (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 the same consumption, so projected, shall be applied to the rate and/or service classification which existed immediately prior to the change. The parties agree that a reputable, independent consultant, selected by Lessor ("Lessor's electrical consultant"), shall determine the percentage change for the changes in the ERIF due to Lessor's changed costs, and that 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 load in the demised premises in excess of 4-1/2 xxxxx of electricity for all purposes per 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 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 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 hereinabove described) an additional amount equal to what would be paid 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, with the connected load deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH), as hereinbefore provided, (which addition to the ERIF shall be increased or decreased by all electricity cost changes of Lessor, as hereinabove provided, from May 1, 1993 through the date of billing). 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 (plus any net income thereof, but not decrease, by virtue of all electric rate or service classification changes subsequent to May 1, 1993) to be reduced.

Appears in 1 contract

Samples: Landlord Lease (Kleinerts Inc /Pa/)

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