Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF), as hereinafter defined. Tenant acknowledges and agrees (1) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7H), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 (i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts of 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 exisiting 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 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. (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 Landlord, 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 other reason, is the originally specified $3.20 per 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 Landlord subsequent to May 1, 1996) to be reduced.
Appears in 2 contracts
Samples: Lease (Famous Fixins Inc), Lease (Famous Fixins 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 (1a) that the the fixed annual rent hereinabove set forth in Article 2 of this lease does not yet, but 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 $3.20 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 (iib) 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 (KVA7H), KWH) for ordinary lighting and light office equipment and the operation of the usual typical 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 lighting, machines and equipment are hereinafter called "“Ordinary Equipment"”) for forty-five (45) hours per week during ordinary business 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 4 1/2 six (6) xxxxx of electricity for all purposes per rentable 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. For purposes .
(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 lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the rentable square foot area 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 presently 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 shall be deemed to be 453 square feetof the electrical equipment and fixtures and the use of current. 9-a
(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 41/2watts four and one-half (4 1⁄2) xxxxx of electricity for all purposes per rentable usable 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 exisiting 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 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 and use 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 under the SC-4 Rate I Service Classification in effect on May 1, 1996 (and not the time-of-day rate schedule) by Tenant 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 the rates or charges in effect and payable by Landlord as of April 30 of the year in which this lease is dated, (which addition to the ERIF additional amount shall be further increased or decreased by all electricity cost changes of charges to Landlord, as hereinabove provided, provided from May 1, 1996 April 30 of the year in which this lease is dated through the date of billing). .
(iii) In no event, whether because of surveys, rates or cost changes, surveys or for any other reason, is the originally specified $3.20 per per rentable square foot ERIF portion of the fixed annual rent (plus however increased as provided herein) in effect at 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) time to be reduced.
Appears in 2 contracts
Samples: Lease Agreement (On Deck Capital Inc), Lease Agreement (On Deck Capital Inc)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, 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. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease Lease does not yet, but is to include an ERIF of $3.20 per rentable square foot 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 (ii) that said such ERIF, which is a portion of the fixed annual rent, shall be 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, has been partially based upon an estimate of the Tenant's connected electrical load, in whatever manner delivered to Tenant, which and shall be deemed 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 demand relevant billing period multiplied by tenant's electricity consumption (KW), i.e. energy and hours of use demand) based on the most recent survey thereof, which shall be deemed to be the energy (KVA7H), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this lease If after the rentable square foot area start of the presently demised premises shall be deemed relevant billing period, the cost to be 453 square feet. 9-a
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts of 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 Landlord shall be increased or decreased, by an amount which is equal to a fraction change in Landlord's electric rates, charges, fuel adjustments or service classifications, or by taxes or charges of any kind imposed thereon, or for any other such reasons, then the ERIF, based on the most recent survey, shall be redetermined, effective as of the then exisiting ERIFdate of such change in Landlord's costs, 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 Landlord's electrical consultant, in accordance with the provisions hereof.
3. The parties agree that a reputable, independent electrical consultant, selected by Landlord ("Landlord's electrical consultant"), shall by survey determine as estimate of Tenant's demand and energy in order to calculate the ERIF in accordance with this Article, 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 in and for such space. The ERIF portion of 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 each 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, accordance with the connected electrical load deemed provisions hereof. Pending the results of the initial survey and determination to be the demand (KW) and the hours of use thereof deemed to be the energy (KWH)made by Landlord's consultant, as hereinbefore herein provided, (which addition to the ERIF shall be increased or decreased by all electricity cost changes of Landlord, 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 other reason, is the originally specified $3.20 per per rentable square foot ERIF portion of the fixed annual rent shall be calculated using the following method: For any portion of the initial twelve (plus any net increase thereof12) months after the cessation of submetering, but not decreasewhen Landlord provides electricity to Tenant on a rent inclusion basis prior to the date of the initial survey of Tenant, by virtue the Tenant's electricity consumption (i.e., energy and demand) for each month during such initial twelve (12)month period, instead of all electricity ratebased on a survey, service classification or market price changes of Landlord subsequent to May 1, 1996) shall be deemed to be reducedthe same as Tenant's submetering consumption figures for the corresponding month of the twelve (12) month period immediately prior to such start of rent inclusion.
Appears in 1 contract
Samples: Lease (Signal Apparel Company Inc)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 2.95 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 6,439 square feet. 9-aIf 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
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts 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 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 exisiting 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 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.
(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 Landlord, 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 other reason, is the originally specified $3.20 2.95 per 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 Landlord subsequent to May 1, 1996) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Doubleclick Inc)
Rent Inclusion. If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Tenant Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant Lessee acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 2.95 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the TenantLessee'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 (KVA7H), KWH) for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. 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 Article the rentable square foot area of the presently demised premises shall be deemed to be 453 10,624 square feet. 9-aIf 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.
(i) If any such survey shall reflect a an average connected electrical load in the demised premises in excess of 41/2watts 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 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 exisiting 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 average connected load and/or the energy usage thereof which was the basis for the computation of the then existing ERIF ERIF. Such fractions shall be determined by LandlordLessor'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 hereinbefore hereinabove described) an additional amount equal to what would be paid under the SC-4 Rate I Service Classification in effect on May 1, 1996 1993 (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 LandlordLessor, as hereinabove provided, from May 1, 1996 1993 through the date of billing). In no event, whether because of surveys, rates or cost changes, surveys or for any other reason, is the originally specified $3.20 per 2.95 per rentable square foot fool ERIF portion of the fixed annual rent (plus any net increase thereof, but not decrease, by virtue of all electricity rate, electric rate or service classification or market price changes of Landlord subsequent to May 1, 19961993) to be reduced.
Appears in 1 contract
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 2.95 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 8,144 square feet. 9-a
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts cost to Landlord of 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 have been, or shall be, increased by an amount which is equal or decreased subsequent to a fraction of the then exisiting 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 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.
(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 whether such change occurs prior to or during the time-of-day rate schedule) for such load and usage term of electricity, with the connected electrical load deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWHthis Lease), as hereinbefore providedby change in Landlord's electric rates or service classifications, (which addition or electricity charges, including changes in market prices, or by any increase, subsequent to the ERIF shall be increased last such electric rate or decreased service classification change or market price change, in fuel adjustments or charges of any kind, or by all taxes, imposed on Landlord's electricity cost changes of purchases or on Landlord, as hereinabove provided, from May 1, 1996 through the date of billing). In no event, whether because of surveys, rates or cost changes's electricity redistribution, or for any other such reason, is then the originally specified $3.20 per per rentable square foot aforesaid ERIF portion of the fixed annual rent (plus shall be changed in the same percentage as any net increase thereof, but not decrease, by virtue of all electricity ratesuch change in cost due to changes in electric rates, service classification classifications or market price changes 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 Landlord subsequent to May 1, 1996) to be reduced.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. 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, Tenant acknowledges and 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. Tenant acknowledges and agrees (1”) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 per rentable square foot 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 (ii) 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 average kilowatt hour and average kilowatt demand usage (determined by the Tenant's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand most recent survey under this subdivision (KW2), and hours of use thereof, which shall be deemed to be the energy or (KVA7H), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment"y) during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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
(i) If if no such survey shall reflect has yet been made, the average on a connected electrical load in the demised premises in excess of 41/2watts of 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 exisiting 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 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 the number of square feet of rentable area of the demised premises, plus eight (8%) percent of the resulting total. If Owner’s Cost shall have been, or shall be, increased whether due to a change in electric rates, charges, fuel adjustments, service classifications, taxes or otherwise, the ERIF Such fractions shall be determined by Landlord's electrical consultant. The fixed annual rent shall then be appropriately adjustedshall, effective as of the date of such increase in cost, be increased in the same percentage and the fixed rent shall be increased accordingly on account thereof. 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 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 $26,304 per annum, and the fixed rent set forth in Article 37 hereof includes such change amount. The parties agree that the Consultant shall determine the ERIF in connected load and/or usage, as disclosed by said survey.
accordance with the provisions of this subdivision (ii) If such survey shall disclose installation 2). The Consultant may from time to time make surveys in the demised premises of the electrical equipment and fixtures and use of other than Ordinary Equipmentcurrent therein, then and the ERIF, effective as of the date of said the survey, there shall be added 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 determinations to Owner and Tenant, unless within thirty (30) days after the ERIF portion 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 to said determinations. 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 a third electrical consultant, the matter shall 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 amount of fixed annual rent (computed and effective from the date determined by such electrical consultant as aforesaid. Notwithstanding the foregoing, until such final determination, Tenant shall pay fixed as hereinbefore described) an additional amount equal rent to what would be paid under the SC-4 Rate I Service Classification Owner in effect on May 1, 1996 (and not the time-of-day rate schedule) for such load and usage of electricity, accordance with the connected electrical load deemed to be determinations made by the demand (KW) and Consultant. After such final determinations, the hours of use thereof deemed to be the energy (KWH), as hereinbefore provided, (which addition to the ERIF parties shall be increased or decreased by all electricity cost changes of Landlord, as hereinabove provided, from May 1, 1996 through the date of billing). In no event, whether because of surveys, rates or cost changes, or make adjustment for any other reason, is the originally specified $3.20 per per rentable square foot ERIF portion of the fixed annual rent (plus deficiency owed by Tenant or any net increase thereof, but not decrease, overage paid by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to May 1, 1996) to be reducedTenant.
Appears in 1 contract
Samples: Office Lease (Bankrate, Inc.)
Rent Inclusion. If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Tenant Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant Lessee acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 3.00 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the TenantLessee'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of 4 4-1/2 xxxxx of wattx xx electricity for all purposes per rentable square foot. 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 453 17,200 square feet. 9-a.
(i) If any such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts 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 is hereinafter called "'excess electricity"') then the connected electrical 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 exisiting 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 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 LandlordLessor'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 hereinbefore described) an additional amount equal to what would be paid under the SC-4 Rate I Service Service. Classification in effect on May 1, 1996 1995 (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 LandlordLessor, as hereinabove provided, from May 1, 1996 1995 through the date of billing). In no event, whether because of surveys, rates or cost changes, surveys or for any other reason, is the originally specified $3.20 per 3.00 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, electric rate or service classification or market price changes of Landlord subsequent to May 1, 19961995) to be reduced.
Appears in 1 contract
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 3.15 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 3454 square feet. 9-aIf 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
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts 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 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 exisiting 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 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.
(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 Landlord, 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 other reason, is the originally specified $3.20 3.15 per 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 Landlord subsequent to May 1, 1996) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Doubleclick Inc)
Rent Inclusion. If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Tenant . Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant Lessee acknowledges and agrees (1i) that the the fixed annual rent rent* hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 2.75 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the TenantLessee'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 (KVA7H), KWH) for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. 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 Article the rentable square foot area of the presently demised premises shall be deemed to be 453 21,248 square feet. 9-aIf 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.
(i) If any such survey shall reflect a an average connected electrical load in the demised premises in excess of 41/2watts 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 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 exisiting 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 average connected load and/or the energy usage thereof which was the basis for the computation of the then existing ERIF ERIF. Such fractions shall be determined by LandlordLessor'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 hereinbefore hereinabove described) an additional amount equal to what would be paid under the SC-4 Rate I Service Classification classification in effect on May January 1, 1996 1990 (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 LandlordLessor, as hereinabove provided, from May January 1, 1996 1990 through the date of billing). * In no event, whether because of surveys, rates or cost changes, surveys or for any other reason, is the originally specified $3.20 per 2.75 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, electric rate or service classification or market price changes of Landlord subsequent to May January 1, 19961990) to be reduced.
Appears in 1 contract
Rent Inclusion. If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Tenant Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant Lessee acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 2.75 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the TenantLessee'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of 4 4-1/2 xxxxx of wattx xx electricity for all purposes per rentable square foot. 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 453 1,020 square feet. 9-a.
(i) If any such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts 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 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 exisiting 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 ERIF. Such fractions shall be determined by LandlordLessor'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 hereinbefore described) an additional amount equal to what would be paid under the SC-4 Rate I Service Classification in effect on May November 1, 1996 1990 (and not the time-of-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, provided (which addition to the ERIF shall be increased or decreased by all electricity cost changes of LandlordLessor, as hereinabove provided, from May November 1, 1996 1990 through the date of billing). In no event, . whether because of surveys, rates or cost changes, or surveys of for any other reason, is the originally specified $3.20 per 2.75 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, electric rate or service classification or market price changes of Landlord subsequent to May November 1, 19961990) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Fundex Games LTD)
Rent Inclusion. If and so long as (i) 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, 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. Tenant acknowledges and agrees (1) that the the fixed annual rent hereinabove set forth in this lease does not yetArticle 3.01(a) ("Electric Rent"). At any time during the term, but is Landlord, at Tenant's sole cost and expense, may cause an independent electrical engineer or electrical consulting firm selected by Landlord (hereinafter referred to include an ERIF as the "Engineer") to make a survey of $3.20 per rentable square foot to compensate Landlord for Tenant's electrical wiring and other installations necessary forequipment located in the Demised Premises, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service; and (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 to determine if the full value of electricity 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 be deemed furnish a copy of said survey to be Tenant and Landlord shall adjust the energy (KVA7H), for ordinary lighting Electric Rent and light office equipment fixed rent in -28- 29 accordance with the survey and the operation of the usual small business machinesElectric Rate, including Xerox or other copying machines (such lighting Cost per Kilowatt and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours Cost per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant Kilowatt Hour 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
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts of 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 exisiting 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 Landlord's electrical consultant. The fixed annual rent shall then be appropriately adjusted, effective as of effect on the date of any such change in connected load and/or usagehereof, as disclosed by said surveyadjusted 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 as copier machines, computer installations or supplemental air-conditioning systems, or other heat or cooling intensive electrically operated equipment, Tenant shall submit to Landlord a list indicating the specific type of additional equipment, and the number, type and model of each item of equipment to be installed, as well as the manufacturer's electrical rating associated with same. 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 Landlord consents to the ERIF portion installation of fixed annual rent (computed such additional equipment, Landlord, at Tenant's cost and fixed as hereinbefore described) an additional amount equal expense, subsequent 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, or simultaneously with the connected electrical load deemed installation thereof, may either (a) 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 for electricity within the Demised Premises and in that event the provisions of Section 21.03 below shall apply.
(KWiii) and If, at any time or times after the hours execution of use thereof deemed to be this lease, the energy electric rate as published by the electric utility company servicing the Demised Premises (KWH), as hereinbefore provided, (which addition to the ERIF "Electric Schedule") shall be increased or decreased by all electricity cost changes of Landlorddecreased, then commencing with the Commencement Date and from time to time thereafter, the fixed rent and the Electric Rent shall be increased or decreased, 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 other reason, is the originally specified $3.20 per per rentable square foot ERIF portion of the fixed annual rent (plus any net increase thereof, but not decreasecase may be, by virtue of all electricity ratethe percentage increase or decrease in the Electric Schedule. Notwithstanding anything herein to the contrary, service classification or market price changes of Landlord subsequent to May 1, 1996under no circumstances shall the Electric Rent be less than the amount set forth in Section 21.02(i) to be reducedhereof.
Appears in 1 contract
Samples: Lease Agreement (Long Distance Direct Holdings Inc)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 3.15 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 4'/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 12,223 square feet. 9-a
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts cost to Landlord of 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 have been, or shall be, increased by an amount which is equal or decreased subsequent to a fraction of the then exisiting 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 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.
(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 1l, 1996 (and not whether such change occurs prior to or during the time-of-day rate schedule) for such load and usage term of electricity, with the connected electrical load deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWHthis Lease), as hereinbefore providedby change in Landlord's electric rates or service classifications, (which addition or electricity charges, including changes in market prices, or by any increase, subsequent to the ERIF shall be increased last such electric rate or decreased service classification change or market price change, in fuel adjustments or charges of any kind, or by all taxes, imposed on Landlord's electricity cost changes of purchases or on Landlord, as hereinabove provided, from May 1, 1996 through the date of billing). In no event, whether because of surveys, rates or cost changes's electricity redistribution, or for any other such reason, is then the originally specified $3.20 per per rentable square foot aforesaid ERIF portion of the fixed annual rent (plus shall be changed in the same percentage as any net 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 thereofin fuel adjustments or charges, but not decreaseand such taxes. Any such percentage change in Landlord's cost due to change in Landlord's electric rates or service classifications or market prices, by virtue shall be computed on the basis of all the average consumption of electricity ratefor 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 changes 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 Landlord subsequent to May 1or rules on billing, 1996then the percentage increase shall be computed by the use of the average consumption (energy and demand) to be reduced.for the entire building for the first three
Appears in 1 contract
Samples: Lease Agreement (Doubleclick Inc)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises Premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease Lease does not yet, but is to include an ERIF of three ($3.20 3.00) dollars per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including facsimile machines, desktop personal computers and printers, desktop document scanners, Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" ") shall be deemed to mean 50 fifty (50) hours per week), with Landlord providing an average connected load of four and a half (4 1/2 xxxxx 1/2) watts of electricity for all purposes per purpoxxx xer rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this lease Lease, the rentable square foot area of the presently demised premises Premises shall be deemed to be 453 eight thousand sixty-four (8,064) square feet. 9-a.
(i) If such survey shall reflect a connected an adjusted demand electrical load in the demised premises Premises in excess of 41/2watts four and a half (4 1/2) watts of electricity for all purposes purpxxxx per rentable square foot and/or energy usage in excess of ordinary business hours (each such excess 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 be increased by an amount which is equal to a fraction of the then exisiting existing ERIF, the numerator of which is the excess electricity (i.e. 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 of the then existing ERIF 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 adjusted demand 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 1999 (and not the time-of-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, 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, provided (which addition to the ERIF shall be increased or decreased by all electricity cost changes of Landlord, as hereinabove provided, from May 1, 1996 1999 through the date of billing). In no event, whether because of surveys, rates or cost changes, or for any other reason, is the originally specified three ($3.20 per 3.00) dollars 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 Landlord subsequent to May 1, 1996) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Fusion Telecommunications International Inc)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF), as hereinafter defined. Tenant acknowledges and agrees (1) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7H), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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-a1341 Square Feet.
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts of 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 exisiting 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 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.
(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 Landlord, 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 other reason, is the originally specified $3.20 per 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 Landlord subsequent to May 1, 1996) to be reduced.
Appears in 1 contract
Samples: Lease (Famous Fixins 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, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("“ERIF”), as hereinafter defined. Tenant acknowledges and agrees (1) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 per rentable square foot 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 (ii) 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 the Tenant's connected electrical load, in whatever manner delivered to Tenant, 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 (KVA7HKWH), for ordinary lighting and light office equipment and as determined by the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF electrical consultant as hereinafter provided. For purposes of this lease , to the rentable square foot area of the presently demised premises shall be deemed to be 453 square feet. 9-a
(i) If average rate charged for such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts of electricity for all purposes per rentable square foot and/or and 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 exisiting ERIFSC-4, 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 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.
(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 for the twelve (12) month period ending April 1, 1996 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 1, 2000 (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, for by any increase or decrease, subsequent to the last such electric rate scheduleor 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 increased by the actual amount of the increase in cost due to changes in electric rates or 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 or decrease in fuel adjustments or charges, and such taxes. Any such 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 increase or decrease 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 consultant”), may from time to time make surveys in the demised premises covering the electrical equipment and fixtures and use of current therein. If such survey shall disclose a change in Tenant’s electrical load (reflecting a proper diversity factor for demand) or hours of energy use, then the electrical load and energy usage portion 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 changed in accordance with such survey, and the ERIF redetermined, accordingly, by all electricity cost changes Landlord’s consultant. The fixed annual rent shall be appropriately adjusted effective as of Landlord, as hereinabove provided, from May 1, 1996 through the date of billing)said survey. In no event, whether because of surveys, rates or cost changes, rate changes or for any other reason, is the ERIF to be less than the originally specified $3.20 per 3.00 per rentable square foot ERIF portion 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 the fixed annual rent copies of such determinations to Landlord and Tenant, unless, within sixty (plus any net increase 60) days after delivery thereof, but 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 decreaseagree within thirty (30) days they shall choose a third reputable electrical consultant, whose cost shall be shared equally by virtue 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 all electricity rateNew York for such appointment.) However, service classification pending such controlling determinations, Tenant shall pay to Landlord the amount of additional rent or market price changes ERIF in accordance with the determinations of Landlord subsequent to May 1Landlord’s electrical consultant. If the controlling determinations differ from Landlord’s electrical consultant, 1996then the parties shall promptly make adjustment (by rent credit or payment) to be reducedfor any deficiency owed by Tenant or overage paid by Tenant.
Appears in 1 contract
Samples: Lease Agreement (Coty Inc /)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 2.95 per rentable square foot 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 (ii) 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 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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation Operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 4,192 square feet. 9-a
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts cost to Landlord of 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 have been, or shall be increased by an amount which is equal or decreased subsequent to a fraction of the then exisiting 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 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.
(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 whether such change occurs prior to or during the time-of-day rate schedule) for such load and usage term of electricity, with the connected electrical load deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (KWHthis Lease), as hereinbefore providedby change in Landlord's electric rates or service classifications or electricity charges, (which addition including changes in market prices, or by any increase subsequent to the ERIF shall be increased last such electric rate or decreased by all electricity cost changes of Landlord, 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 other reason, is the originally specified $3.20 per 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 change or market price changes of Landlord subsequent to May 1change, 1996) to be reduced.in
Appears in 1 contract
Samples: Lease Agreement (Iamg Holdings Inc)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises Demised Premises on a rent inclusion basis, 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 defineddefined and by the amounts as hereinafter determined. Tenant acknowledges and agrees (1a) that the the fixed annual rent hereinabove set forth in Article 2 of this lease Lease does not yet, but is to include initially an ERIF of Two and 25/100 ($3.20 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 (iib) 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 (KVA7H), KWH) for ordinary lighting and light office equipment and the operation of the usual typical 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 lighting, machines and equipment are hereinafter called "“Ordinary Equipment"”) for fifty (50) hours per week during ordinary business the hours of 8:00 a.m. to 6:00 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 demand load of 4 1/2 xxxxx of electricity for all purposes per rentable square footto the Demised Premises meeting the Required Electrical Capacity, which shall be the maximum electrical 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 .
(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 Lease), due to (a) any change in costs or fees paid by Landlord under any agreement for the rentable square foot area 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 presently demised premises fixed annual rent, shall be deemed changed in the same percentage as any such change in cost due to changes in any of the 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 453 square feetbilled retroactively). 9Sales 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 (id) 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 of 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 demand load in to the demised premises Demised Premises in excess of 41/2watts of electricity for all purposes per rentable 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 electrical 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 exisiting ERIFexisting ERIF by a fraction, 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 demand 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 electrical consultant’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 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 under the SC-4 Rate I Service Classification in effect on May 1, 1996 (and not the time-of-day rate schedule) by Tenant 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 the rates or charges in effect and payable by Landlord as of April 30 of the year in which this Lease is dated, (which addition to the ERIF additional amount shall be further increased or decreased by all electricity cost changes of charges to Landlord, as hereinabove provided, provided from May 1, 1996 April 30 of the year in which this Lease is dated through the date of billing). .
(iii) In no event, whether because of surveys, rates or cost changes, surveys or for any other reason, is the originally specified $3.20 per per rentable square foot ERIF portion of the fixed annual rent (plus however increased as provided herein) in effect at 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) 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, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF'), as hereinafter defined. Tenant acknowledges and agrees (1a) that the the fixed annual rent hereinabove herein above set forth in this lease does not yet, but is to include an ERIF of $3.20 ($ 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 (iib) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual typical small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment, facsimile transmission machines (such lighting lighting, machines and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 forty-five (45) hours per week, 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays), with Landlord providing an average connected load of 4 4-1/2 xxxxx of electricity for all purposes per rentable square foot. 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 12,087 rentable square feet. 9-a.
(iii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to May 1, 1996 (whether such change occurs prior to or during the term of this lease), (a) by change in Landlord's electric rates or service classifications, or electricity charges, including changes in market prices, or (b) by any increase in fuel adjustments or (c) by charges of any kind, or (d) by taxes, imposed or which may be imposed on Landlord's electricity purchases, or on Landlord's electricity redistribution, or (e) by virtue of any other 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 electric rates, service classifications, or market prices and, also, (y) 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 (b) through (e) of this 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 cost due to changes in 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 for the twelve (12) full months immediately prior to the rate and/or service classification and/or market price change, or any changed methods of or rules on billing for same, on a consistent basis to the new rate and/or service classification and/or market price and to the immediately prior existing rate and/or service classification and/or market price. 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 market price which existed immediately prior to the change. The parties agree that a reputable, independent electrical consultant, selected by Landlord ("Landlord's electrical consultant"), shall determine the percentage change for the changes in the ERIF due 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. If any such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts 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 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 product derived from multiplying the then exisiting ERIFexisting ERIF by a fraction, 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 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 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 the date of this lease (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 increases of Landlord, as hereinabove herein above provided, from May 1, 1996 through the date of billing). .
(iii) In no event, whether because of surveys, rates or cost changes, surveys or for any other reason, is the originally specified $3.20 per 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, electric rate or service classification or market price changes of Landlord subsequent to May 1, 1996) 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, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1a) that the the fixed annual rent hereinabove herein above set forth in this lease does not yet, but is to include an ERIF of Three and 45/100 ($3.20 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 (iib) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual typical small business machines, including Xerox or other including, but not limited to, copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment, facsimile transmission machines (such lighting lighting, machines and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 fifty (50) hours per week, Mondays through Fridays, including holidays), with Landlord providing an average connected load of 4 1/2 xxxxx V2 wxxxx of electricity for all purposes per rentable square foot. 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 1,648 rentable square feet. 9-a
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts of 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 exisiting 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 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.
(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 Landlord, 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 other reason, is the originally specified $3.20 per 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 Landlord subsequent to May 1, 1996) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Omagine, Inc.)
Rent Inclusion. If and so long as Landlord Lessor provides electricity to the demised premises on a rent inclusion basis, Tenant Lessee agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant , Lessee acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of or $3.20 2.95 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the TenantLessee'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 (KVA7H), KWH) for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord Lessor providing an average connected load of 4 4-1/2 xxxxx of electricity for all purposes per rentable square foot. 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 453 12,878 square feet. 9-a
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 electrical load in the demised premises in excess of 41/2watts 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 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 exisiting 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 ERIF. Such fractions shall be determined by LandlordLessor'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 hereinbefore 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, 1996 1993 (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 LandlordLessor, as hereinabove provided, from May 1, 1996 1993 through the date of billing). In no event, whether because of surveys, rates or cost changes, surveys or for any other reason, is the originally specified $3.20 per 2.95 per rentable square foot ERIF portion of the fixed annual rent (plus any net increase income thereof, but not decrease, by virtue of all electricity rate, electric rate or service classification or market price changes of Landlord subsequent to May 1, 19961993) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Kleinerts Inc /Pa/)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 7752 square feet. 9-aIf 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,
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts 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 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 exisiting 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 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.
(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 1l, 1996 1999 (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 Landlord, as hereinabove provided, from May 1, 1996 1999 through the date of billing). In no event, whether because of surveys, rates or cost changes, or for any other reason, is the originally specified $3.20 3.15 per annum 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 Landlord subsequent to May 1, 1996l999) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Partminer Inc)
Rent Inclusion. (i) If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1a) that the the fixed annual rent hereinabove herein above set forth in this lease does not yet, but is to include an ERIF of $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 (iib) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual typical small business machines, including Xerox or other copying machines, personal computers and peripheral equipment such as printers, telephone switching equipment, facsimile transmission machines (such lighting lighting, machines and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 forty-five (45) hours per week, 8:00 a.m. to 5:00 p.m., Mondays through Fridays, including holidays), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. 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 1,128 rentable square feet. 9-a.
(iii) If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to May 1, 1996 (whether such change occurs prior to or during the term of this lease), (a) by change in Landlord's electric rates or service classifications, or electricity charges, including changes in market prices, or (b) by any increase in fuel adjustments or (c) by charges of any kind, or (d) by taxes, imposed or which may be imposed on Landlord's electricity purchases, or on Landlord's electricity redistribution, or (e) by virtue of any other 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 electric rates, service classifications, or market prices and, also, (y) 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 (b) through (e) of this 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 cost due to changes in 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 for the twelve (12) full months immediately prior to the rate and/or service classification and/or market price change, or any changed methods of or rules on billing for same, on a consistent basis to the new rate and/or service classification and/or market price and to the immediately prior existing rate and/or service classification and/or market price. 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 market price which existed immediately prior to the change. The parties agree that a reputable, independent electrical consultant, selected by Landlord ("Landlord's electrical consultant"), shall determine the percentage change for the changes in the ERIF due 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. If any such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts 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 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 product derived from multiplying the then exisiting ERIFexisting ERIF by a fraction, 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 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 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 the date of this lease (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 increases of Landlord, as hereinabove herein above provided, from May 1, 1996 through the date of billing). .
(iii) In no event, whether because of surveys, rates or cost changes, surveys or for any other reason, is the originally specified $3.20 per 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, electric rate or service classification or market price changes of Landlord subsequent to May 1, 1996) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Arotech Corp)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 3.00 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including facsimile machines, desk top personal computers and printers, desk top document scanners, Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" ") shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected demand load and/or 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 14,243 square feet. 9-aIf 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
(i) If such survey shall reflect a connected demand electrical load in the demised premises in excess of 41/2watts 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 hereinafter called "excess electricity") then the connected demand 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 exisiting existing ERIF, the numerator of which is the excess electricity (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 of the then existing ERIF 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 demand load and/or usage, as disclosed by said survey.
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 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, 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 Landlord, as hereinabove provided, from May 1, 1996 through 1999 through' the date of billing). In no event, whether because of surveys, rates or cost changes, or for any other reason, is the originally specified $3.20 per 3.00 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 Landlord subsequent to May 1, 1996) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Phase2media Inc)
Rent Inclusion. If and so long as Landlord Owner provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 2.50 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant's connected electrical load, in whatever manner delivered to Tenant, Tenant which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord Owner providing an average connected load of 4 1/2 xxxxx of wattx xx electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 5537 square feet. 9-a
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 41/2watts 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 exisiting 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 ERIF. Such fractions shall be determined by LandlordOwner'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 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 LandlordOwner, 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 other reason, is the originally specified $3.20 per 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 Landlord Owner subsequent to May 1, 1996) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Medscape Inc)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 2.88 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant'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 (KVA7HKWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" ") shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 2,989 square feet. 9-a.
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts 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 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 exisiting 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 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.
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 February 1, 1996 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, 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 Landlord, as hereinabove provided, from May February 1, 1996 1999 through the date of billing). In no event, whether because of surveys, rates or cost changes, or for any other reason, is the originally specified $3.20 per 2.88 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 Landlord subsequent to May February 1, 19961999) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Talk City Inc)
Rent Inclusion. 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, 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. Tenant acknowledges and agrees (1") that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 per rentable square foot 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 (ii) 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 an estimate 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 Tenantaforesaid computations is made there is an increase or decrease in Owner's connected electrical loadCost then, in whatever manner delivered to Tenant, 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 the aforedescribed consumption and demand. Notwithstanding the foregoing, on the Commencement Date, the ERIF shall be $2.50 per square foot of rentable area in the demand demised premises. The parties agree that the Consultant shall determine (KWi) the ERIF in accordance with the provisions of this subdivision (2), and hours of use thereof, which shall be deemed to be (ii) the energy (KVA7H), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant changes in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provideddue to changes in Owner's Cost. For purposes of this lease the rentable square foot area of the presently demised premises shall be deemed The Consultant may from time to be 453 square feet. 9-a
(i) If such survey shall reflect a connected electrical load time make surveys in the demised premises in excess of 41/2watts of 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 electrical equipment and fixtures and use of the then exisiting ERIFcurrent therein, 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 Landlord's electrical consultant. The fixed annual rent shall then be appropriately adjustedERIF, 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 redetermined by 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 Consultant in effect on May 1, 1996 (and not the time-of-day rate schedule) for such load and usage of electricity, accordance with the connected electrical load deemed to be the demand (KW) survey results and the hours provisions of use thereof deemed to be the energy this subdivision (KWH2), as hereinbefore provided, (which addition to the ERIF shall be increased or decreased by all electricity cost changes of Landlord, 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 other reason, is the originally specified $3.20 per 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 Landlord subsequent to May 1, 1996) to be reduced.
Appears in 1 contract
Samples: Office Lease (Organic Inc)
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, 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. Tenant acknowledges and agrees (1i) that the the fixed annual rent rents hereinabove set forth in this lease does Lease do not yet, but is are to include an ERIF of $3.20 per rentable square foot 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 (ii) that said such ERIF, which is a portion of the fixed annual rent, shall be 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, has been partially based upon an estimate of 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 relevant billing period(s) multiplied by Tenant's connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be electricity consumption (i.e. energy and demand) based on the demand (KW), and hours of use most recent survey thereof, which shall be deemed to be the energy (KVA7H), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant in excess of the foregoing shall result in adjustment of the ERIF as hereinafter provided. For purposes of this lease If after the rentable square foot area start of the presently demised premises shall be deemed relevant billing period, the cost to be 453 square feet. 9-a
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts Landlord of 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 or decreased, by an amount which is equal to a fraction change in Landlord's electric rates or service classifications, or electricity charges including changes in market prices, or by changes in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases, or on Landlord's electricity redistribution, or for any other such reason, then the ERIF, based on the most recent survey, shall be redetermined, effective as of the then exisiting ERIFdate of such change in Landlord's rates, 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 etc., by Landlord's electrical consultant, in accordance with the provisions hereof.
3. The parties agree that a reputable, independent electrical consultant, selected by Landlord ("Landlord's electrical consultant") and paid for by Landlord, shall by survey determine an estimate of Tenant's demand and energy in order to calculate the ERIF in accordance with this Article, 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 in and for such space. The ERIF portion of the fixed annual rent shall then be appropriately adjusted, effective as of the date of any such change each said survey, and in connected load and/or usageaccordance with the provisions hereof. Pending the results of the first survey and determination to be made by Landlord's consultant, as disclosed herein provided, Tenant shall pay to Landlord a temporary ERIF at the rate of $3.00 per rentable square foot per year (which temporary charge shall thereafter be adjusted by survey and computations as hereinafter provided), for any portion of the 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 (3) months after Tenant's commencement of being provided electricity on a rent inclusion basis, Landlord will cause such a survey and determination to be made of the electricity consumption in and for said space; the initial survey.
(ii) If such survey 's ERIF shall disclose installation and use of other than Ordinary Equipment, then effective as of be payable from the date of said surveythe start of rent inclusion hereunder. Thereafter, 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 adjusted in accordance with surveys and determinations by all electricity cost changes of Landlord's electrical consultant, as hereinabove provided, from May 1, 1996 through retroactive to the date of billing). In no event, whether because of surveys, rates or cost changes, or for any other reason, is such survey subsequent to the originally specified $3.20 per per rentable square foot ERIF portion initial survey of the fixed annual rent 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 (plus 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, 1996diversity) to be reducedfactor.
Appears in 1 contract
Rent Inclusion. If and so long as Landlord provides electricity to the demised premises on a rent inclusion basis, Tenant agrees that the fixed annual rent shall be increased by the amount of the Electricity Rent Inclusion Factor ("ERIF"), as hereinafter defined. Tenant acknowledges and agrees (1i) that the the fixed annual rent hereinabove set forth in this lease does not yet, but is to include an ERIF of $3.20 3 00 per rentable square foot 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 (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant's connected electrical load, in 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 (KVA7HKWH), for ordinary lighting and light office equipment, the operation of building air-conditioning equipment during ordinary business hours, and the operation of the usual small business machines, including Xerox or other copying machines, p.c.'s and fax machines (such lighting and equipment are hereinafter called "Ordinary Equipment") during ordinary business hours ("ordinary business hours" shall be deemed to mean 50 60 hours per week), with Landlord providing an average connected load of 4 1/2 5 xxxxx of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or 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 5,282 square feet. 9-aIf 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
(i) If such survey shall reflect a connected electrical load in the demised premises in excess of 41/2watts 5 xxxxx of electricity for all purposes per rentable square foot and/or energy usage in excess of ordinary business hours (each such excess hereinafter called cal1ed "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 exisiting 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 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.
(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 December 1, 1996 1999 (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 Landlord, as hereinabove provided, from May December 1, 1996 1999 through the date of billing). ) In no event, whether because of surveys, rates or cost changes, or for any other reason, reason is the originally specified $3.20 per 3.00 per rentable square foot ERIF portion of the fixed annual rent (plus any net increase thereof, but not decrease, by virtue virtue; of all electricity rate, rate or service classification or market price changes of Landlord subsequent subsequent; to May December 1, 19961999) to be reduced.
Appears in 1 contract
Samples: Lease Agreement (Alloy Online Inc)
