Common use of Separately Metered Utilities and Utility Usage Clause in Contracts

Separately Metered Utilities and Utility Usage. Tenant shall pay upon demand or receipt of an invoice all amounts due and owing with respect to utilities furnished to the Leased Premises which may, from time to time, be separately measured or reasonably estimated by a licensed engineer selected by Landlord, and charged to the Tenant by Landlord, or by any public utility as may furnish such utilities to the Leased Premises. If it has not already done so, Landlord may, at Tenant’s sole cost and expense, cause the installation of all facilities necessary to separately meter electrical usage within the Leased Premises (the costs and expenses incurred with respect to such installment to be due and payable by Tenant to Landlord as Additional Rent upon demand), and Tenant shall pay to Landlord or, at the election of Landlord, to the applicable public utility, promptly upon receipt of any invoice, all charges for electrical usage within the Leased Premises. In the event of separate metering or measurement as aforesaid, any sums previously included in Additional Rent as determined by Landlord on account of such utilities shall be equitably adjusted. Unless and until the electricity for the Leased Premises is either separately metered and separately paid for by Tenant or the charge electricity is re-estimated by Landlord, Tenant shall pay to Landlord $[ * ] ] on the first of each month during the Lease Term as a contribution toward electrical charges. Within ninety (90) days after the end of any calendar year during which such estimated payments to Landlord were made by Tenant, Landlord shall determine the actual amount allocable to Tenant for the previous calendar year and provide Tenant reasonable evidence of same, [ * ] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. and a lump sum payment (or credit against the next succeeding installments of Additional Rent, if any, in case of amounts owed by Landlord to Tenant) shall be made from Tenant to Landlord or from Landlord to Tenant, as the case may be, so that Tenant shall have paid to Landlord such actual amount (vs. estimated amount) allocable to the previous calendar year and no more or less, which obligation to make such reconciliation payment shall survive the termination of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement (Boston Beer Co Inc)

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Separately Metered Utilities and Utility Usage. Tenant shall pay upon demand or receipt of an invoice all amounts due and owing with respect to utilities furnished to the Leased Premises which may, from time to time, be separately measured or reasonably estimated by a licensed engineer selected by Landlord, and charged to the Tenant by Landlord, Landlord or by any public utility as may furnish such utilities to the Leased Premises. If it has not already done so, Landlord may, at Tenant’s sole cost and expense, In the event that any electrical services required or used in the Leased Premises shall exceed seven (7) xxxxx per square foot of Usable Square Feet within the Leased Premises. Tenant shall cause the installation of all facilities necessary to separately meter electrical usage within the Leased Premises (and/or cause the costs and expenses incurred with respect installation of such riser or risers, wiring, transformer, or electrical panels as are required to such installment to be due and payable by Tenant to Landlord as Additional Rent upon demand), meet Tenant's excess electrical requirements and Tenant shall pay to Landlord or, at the election of Landlord, to the applicable public utility, promptly upon receipt of receiving any invoice, all charges for electrical usage within the Leased Premises. In the event Premises in excess of separate metering or measurement as aforesaid, any sums previously included in Additional Rent as determined by Landlord on account seven (7) xxxxx per square foot of such utilities shall be equitably adjusted. Unless and until the electricity for Usable Square Feet within the Leased Premises is either separately metered and separately paid for by Tenant or the charge electricity is re-estimated by Landlord, Tenant shall pay to Landlord $[ * ] ] on the first of each month during the Lease Term as a contribution toward electrical charges. Within ninety (90) days after the end of any calendar year during Premises; which such estimated payments to Landlord were made by Tenant, Landlord shall determine the actual amount allocable to Tenant for the previous calendar year and provide Tenant reasonable evidence of same, [ * ] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. and a lump sum payment (or credit against the next succeeding installments of Additional Rentpayment, if any, shall be in case addition to sums required to be paid by Tenant pursuant to Section 2.4 above. Landlord covenants that (a) there are currently 7 xxxxx of amounts owed by Landlord electricity per square foot of Usable Square Feet serving the floor upon which the Leased Premises are located and (b) there are currently at least 28 xxxxx of electricity per square foot of Usable Square Feet available to Tenant) shall be made from 's use in the Leased Premises. To the extent that Tenant requests the ability to Landlord or from Landlord upgrade the electrical service to Tenantthe Leased Premises to an amount in excess of 28 xxxxx of electricity per square foot of Usable Square Feet of the Leased Premises, as the case may be, so that Tenant shall have paid the right, at its sole cost, to upgrade the Building's electrical system for the floor on which the Leased Premises are located in order to meet such excess capacity request. In such event, Landlord shall have the right to review Tenant's plans and specifications for such actual amount (vs. estimated amount) allocable upgrade and Landlord shall have the right to supervise Tenant's installations necessary to upgrade the electrical service to the previous calendar year Leased Premises. Tenant shall promptly reimburse Landlord for Landlord's documented actual out-of-pocket costs for such supervision. Notwithstanding the foregoing, Landlord may refuse to install, and may withhold consent for Tenant's installation of, any riser, wiring, transformer, or electrical panel if, in Landlord's sole reasonable judgment (exercised in good faith), the same would cause permanent damage or injury to the Building or the Leased Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, or expense or interfere with or disturb other tenants or occupants of the Building. In no more event shall Landlord incur any liability or lessobligation with respect to Landlord's refusal to install, which obligation to make or withholding consent for Tenant's installation of, any such reconciliation payment shall survive the termination of this Leaseadditional electrical facilities or equipment.

Appears in 1 contract

Samples: Lease Agreement (Focal Communications Corp)

Separately Metered Utilities and Utility Usage. Tenant shall pay upon demand or receipt of an invoice all amounts due and owing with respect to utilities furnished to the Leased Premises which may, from time to time, be separately measured or reasonably estimated by a licensed engineer selected by Landlord, and charged to the Tenant by Landlord, Landlord or by any public utility as may furnish such utilities to the Leased Premises. If it has not already done so, Landlord mayTenant will, at Tenant’s 's sole cost and expense, cause the installation of all facilities necessary to separately meter electrical usage within the Leased Premises (and/or cause the costs and expenses incurred with respect installation of such riser or risers, wiring, transformer, or electrical panels as are required to such installment to be due and payable by Tenant to Landlord as Additional Rent upon demand)meet Tenant's excess electrical requirements, and Tenant shall pay to Landlord or, at the election of Landlord, to the applicable public utility, promptly upon receipt of receiving any invoice, all charges for electrical usage within the Leased Premises; which payment, if any, shall be in addition to sums required to be paid by Tenant pursuant to Section 2.4 above. Notwithstanding the foregoing, Landlord may refuse to install, and may withhold consent for Tenant's installation of, any riser, wiring, transformer, or electrical panel if, in Landlord's sole judgment, the same are not necessary or would cause permanent damage or injury to the Building or the Leased Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, or expense or interfere with or disturb other tenants or occupants of the Building. In no event 6 WYNDHAM HOTEL CORPORATION 07/17/90 8 shall Landlord incur any liability or obligation with respect to Landlord's refusal to install, or withholding consent for Tenant's installation of, any such additional electrical facilities or equipment. In the event of separate metering that any electrical service required or measurement as aforesaid, any sums previously included used in Additional Rent as determined by Landlord on account of such utilities shall be equitably adjusted. Unless and until the electricity for the Leased Premises is either separately metered and separately paid for by shall exceed nine (9) wattx xxx square foot of Usable Square Feet within the Leased Premises, then Tenant or the charge electricity is re-estimated will, upon request by Landlord, Tenant shall pay either (a) reduce its usage to Landlord $[ * ] ] on nine (9) wattx xxx square foot of Usable Square Feet within the first Leased Premises or (b) subject to Landlord's prior approval, cause the installation of each month during the Lease Term such riser or risers, wiring, transformer, or electrical panels as a contribution toward are required to meet Tenant's excess electrical charges. Within ninety (90) days after the end of any calendar year during which such estimated payments to Landlord were made by requirements, all at Tenant, Landlord shall determine the actual amount allocable to Tenant for the previous calendar year 's sole cost and provide Tenant reasonable evidence of same, [ * ] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. and a lump sum payment (or credit against the next succeeding installments of Additional Rent, if any, in case of amounts owed by Landlord to Tenant) shall be made from Tenant to Landlord or from Landlord to Tenant, as the case may be, so that Tenant shall have paid to Landlord such actual amount (vs. estimated amount) allocable to the previous calendar year and no more or less, which obligation to make such reconciliation payment shall survive the termination of this Leaseexpense.

Appears in 1 contract

Samples: Lease Agreement (Wyndham Hotel Corp)

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Separately Metered Utilities and Utility Usage. Tenant shall pay upon demand or receipt of an invoice all amounts due and owing with respect to utilities furnished to the Leased Premises which may, from time to time, be separately measured or reasonably estimated by a licensed engineer selected by Landlord, and charged to the Tenant by Landlord, Landlord or by any public utility as may furnish such utilities to the Leased Premises. If it has not already done so, In the event that any electrical services required or used in the Leased Premises shall exceed seven (7) wattx xxx square foot of Usable Square Feet within the Leased Premises. Landlord may, at Tenant’s 's sole cost and expense, cause the installation of all facilities necessary to separately meter electrical usage within the Leased Premises and/or cause the installation of such riser or risers, wiring, transformer, or electrical panels as are required to meet Tenant's excess electrical requirements (the costs cost and expenses incurred with respect to any such installment installation to be due and payable by Tenant to Landlord as Additional Rent upon demand), and Tenant shall pay to Landlord or, at the election of Landlord, to the applicable public utility, promptly upon receipt of receiving any invoice, all charges for electrical usage within the Leased Premises. In the event Premises in excess of separate metering or measurement as aforesaid, any sums previously included in Additional Rent as determined by Landlord on account seven (7) wattx xxx square foot of such utilities shall be equitably adjusted. Unless and until the electricity for Usable Square Feet within the Leased Premises is either separately metered and separately paid for by Tenant or the charge electricity is re-estimated by Landlord, Tenant shall pay to Landlord $[ * ] ] on the first of each month during the Lease Term as a contribution toward electrical charges. Within ninety (90) days after the end of any calendar year during Premises; which such estimated payments to Landlord were made by Tenant, Landlord shall determine the actual amount allocable to Tenant for the previous calendar year and provide Tenant reasonable evidence of same, [ * ] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. and a lump sum payment (or credit against the next succeeding installments of Additional Rentpayment, if any, in case of amounts owed by Landlord to Tenant) shall be made from in addition to sums required to be paid by Tenant pursuant to Section 2.4 above. Notwithstanding the foregoing, Landlord may refuse to install, and may withhold consent for Tenant's installation of, any riser, wiring, transformer, or from Landlord to Tenantelectrical panel if, as in Landlord's sole judgment, the case may be, so that Tenant shall have paid to Landlord such actual amount (vs. estimated amount) allocable same are not necessary or would cause permanent damage or injury to the previous calendar year and Building or the Leased Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, or expense or interfere with or disturb other tenants or occupants of the Building. In no more event shall Landlord incur any liability or lessobligation with respect to Landlord's refusal to install, which obligation to make or withholding consent for Tenant's installation of, any such reconciliation payment shall survive the termination of this Leaseadditional electrical facilities or equipment.

Appears in 1 contract

Samples: Lease Agreement (Verio Inc)

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