Common use of Submetering Clause in Contracts

Submetering. (i) Landlord may supply electricity to service the Demised Premises on a submetered basis, and Tenant in such event shall pay to Landlord, as additional rent, the sum of (y) an amount determined by applying the Electric Rate or, at Landlord's election, the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and demand for electricity within the Demised Premises as recorded on the submeter or submeters servicing the Demised Premises, and (z) Landlord's administrative charge of 12% of the amount referred to in clause (y) above, if and to the extent same is permitted by laws and requirements of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate or, at Landlord's election, the Cost per ▇▇▇▇▇▇▇▇ and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity to the Demised Premises in accordance with this paragraph, the fixed rent shall be decreased by the Electric Rent. At Landlord's request, ▇▇▇▇▇▇ agrees to execute a supplementary agreement modifying this lease to reflect the changes in the fixed rent resulting from such election. (ii) Where more than one submeter measures the electric service to Tenant, the electric service rendered through each submeter shall be computed and billed separately in accordance with the provisions hereinabove set forth. (iii) Tenant shall pay to Landlord, on account of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent"), subject to the adjustments on the first day of each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the first day of the first full calendar month). (iv) From time to time during the term, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effect.

Submetering. (iA) Subject to the provisions of this Section 5.3, Landlord may supply shall measure Tenant’s demand for and consumption of electricity in the Premises using a submeter that is, or submeters that are, installed and maintained by Landlord. Landlord shall pay the cost of installing such submeter or submeters. If, at any time during the Term, Tenant performs Alterations that require modifications to service the Demised Premises on aforesaid submeter or submeters that Landlord installs, or that require a submetered basissupplemental submeter or supplemental submeters, and then Tenant in shall perform such event modification, or the installation of such supplemental submeter or submeters, at Tenant’s cost, as part of the applicable Alteration. (B) Tenant shall pay to Landlord, as additional rent, an amount (the “Electricity Additional Rent”) equal to one hundred five percent (105%) of the sum of of: (1) the product obtained by multiplying (x) the Average Cost per Peak Demand Kilowatt, by (y) an amount determined by applying the Electric Rate or, at Landlord's election, number of kilowatts that constituted the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and peak demand for electricity within in the Demised Premises for the applicable billing period, as recorded registered on the submeter or submeters servicing for the Demised Premises, and and (z2) Landlord's administrative charge of 12% of the amount referred to in clause product obtained by multiplying (x) the Average Cost per Kilowatt Hour, by (y) above, if and to the extent same is permitted by laws and requirements number of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth kilowatt hours of electricity used in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate or, at Landlord's election, the Cost per ▇▇▇▇▇▇▇▇ and Cost per Kilowatt Hour Premises for the electricity provided pursuant applicable billing period, as registered on the submeter or submeters for the Premises. (C) Subject to this paragraph. If, pursuant to paragraph (aSection 5.3(D) hereof, Landlord shall have elected give Tenant an invoice for the Electricity Additional Rent from time to supply electricity time (but no less frequently than quarter annually). Tenant shall pay the Electricity Additional Rent to Landlord on or prior to the Demised Premises in accordance with this paragraph, thirtieth (30th) day after the fixed rent date that Landlord gives to Tenant each such invoice. Tenant shall be decreased by not have the Electric right to object to Landlord’s calculation of the Electricity Additional Rent unless Tenant gives Landlord notice of any such objection on or prior to the ninetieth (90th) day after the date that Landlord gives Tenant the applicable invoice for the Electricity Additional Rent. At If Tenant gives Landlord a notice objecting to Landlord's request’s calculation of the Electricity Additional Rent, ▇▇▇▇▇▇ agrees as aforesaid, then Tenant shall have the right to execute review Landlord’s submeter readings and Landlord’s calculation of the Electricity Additional Rent, at Landlord’s offices or, at Landlord’s option, at the offices of Landlord’s managing agent, in either case at reasonable times and on reasonable advance notice to Landlord. Either party shall have the right to submit a supplementary agreement modifying this lease dispute regarding the Electricity Additional Rent to reflect the changes in the fixed rent resulting from such electionan Expedited Arbitration Proceeding. (iiD) Where more than one submeter measures Landlord shall have the electric service right to Tenantgive a statement to Tenant from time to time pursuant to which Landlord sets forth Landlord’s good faith estimate of the Electricity Additional Rent for a particular calendar year (any such statement that Landlord gives to Tenant being referred to herein as a “Prospective Electricity Statement”; one-twelfth (1/12th) of the Electricity Additional Rent shown on a Prospective Electricity Statement being referred to herein as the “Monthly Electricity Payment Amount”). If Landlord gives to Tenant a Prospective Electricity Statement (or Landlord is deemed to have given to Tenant a Prospective Electricity Statement pursuant to Section 5.3(E) hereof), the electric service rendered through each submeter shall be computed and billed separately in accordance with the provisions hereinabove set forth. (iii) then Tenant shall pay to Landlord, as additional rent, on account of the Submeter Electric Electricity Additional Rent payable pursuant to this Section 21.03due hereunder for such calendar year, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent")Monthly Electricity Payment Amount, subject to the adjustments on the first (1st) day of each and every subsequent calendar month for the remainder of such calendar year, in the same manner as the monthly installments of the term Fixed Rent hereunder (except it being understood that if Tenant shall not be required to commence such payments of the Monthly Electricity Payment Amount (x) before the first (1st) day of the term is other calendar year to which relates the applicable Monthly Electricity Payment Amount, or (y) earlier than the first thirtieth (30th) day of after the date that Landlord gives the Prospective Electricity Statement to Tenant). If Landlord gives (or is deemed to have given) to Tenant a calendar month, Prospective Electricity Statement after the first monthly installment, prorated to the end of said calendar month, shall be payable on the first (1st) day of the first full applicable calendar monthyear, then Tenant shall also pay to Landlord, within thirty (30) days after the date that Landlord gives the Prospective Electricity Statement to Tenant, an amount equal to the excess of (I) the product obtained by multiplying (x) the Monthly Electricity Payment Amount, by (y) the number of calendar months that have theretofore elapsed during such calendar year, over (II) the aggregate amount theretofore paid by Tenant to Landlord on account of the Electricity Additional Rent for such calendar year. If Landlord gives (or is deemed to have given) to Tenant a Prospective Electricity Statement for a particular calendar year, then Landlord shall also provide to Tenant, within one hundred eighty (180) days after the last day of such calendar year, an invoice for the Electricity Additional Rent for such calendar year based on an actual reading of the submeter or submeters (such invoice that is based on an actual reading of the submeter or submeters being referred to herein as an “Actual Reading Statement”). (ivE) From Tenant shall pay to Landlord an amount equal to the excess (if any) of (i) the Electricity Additional Rent as reflected on the Actual Reading Statement that Landlord gives to Tenant, over (ii) the aggregate amount that Tenant has theretofore paid to Landlord on account of the Electricity Additional Rent (if any), within thirty (30) days after the date that Landlord gives such Actual Reading Statement to Tenant. Tenant shall have the right to credit against the Rental thereafter coming due hereunder an amount equal to the excess (if any) of (i) the aggregate amount that Tenant has theretofore paid to Landlord on account of the Electricity Additional Rent, over (ii) the Electricity Additional Rent as reflected on such Actual Reading Statement; provided, however, that if the Expiration Date occurs prior to the date that such credit is exhausted, then Landlord shall pay to Tenant the unused portion of such credit on or prior to the thirtieth (30th) day after the Expiration Date (it being understood that Landlord’s obligation to make such payment to Tenant shall survive the Expiration Date). If Landlord gives Tenant an Actual Reading Statement, then, unless Landlord otherwise specifies in such Actual Reading Statement, Landlord shall be deemed to have given to Tenant a Prospective Electricity Statement, for the calendar year immediately succeeding the calendar year that is covered by such Actual Reading Statement, that reflects Electricity Additional Rent for such immediately succeeding calendar year in an amount equal to the Electricity Additional Rent for such calendar year that is covered by such Actual Reading Statement. (F) If a submeter measuring Tenant’s electrical demand and consumption in the Premises has not been installed in the Premises, or the submeters measuring Tenant’s electrical demand and consumption in the Premises have not been installed in the Premises, in either case on or prior to the date hereof, then (x) Landlord shall order such submeter or such submeters promptly after the date hereof, and (y) Landlord shall install such submeter or such submeters promptly after the Commencement Date. Landlord and Tenant shall cooperate with each other in good faith to coordinate the installation of such submeter or such submeters with Landlord’s performance of the Landlord’s Work. Landlord, in installing such submeter or such submeters, shall have the right to interrupt electrical service to the Premises temporarily and in accordance with good construction practice. (G) Subject to the terms of this Section 5.3(G), if, prior to Landlord’s installing a submeter or submeters in the Premises, Tenant occupies all or any portion of the Premises for the conduct of business, then Tenant shall pay to Landlord, as additional rent, a fee for electricity service in an amount equal to the product obtained by multiplying (I) $0.0041, by (II) the number of square feet of Rentable Area in the Premises (or the portion thereof that Tenant is occupying for the conduct of business), by (III) the number of days in the period commencing on the date that Tenant occupies the Premises (or the applicable portion thereof) for the conduct of business and ending on the date immediately preceding the date that the submeter for the Premises or the applicable portion thereof is operational or that the submeters for the Premises or the applicable portion thereof are operational (such fee being referred to herein as the “Electricity Inclusion Charge”). Landlord shall give Tenant an invoice for the Electricity Inclusion Charge from time to time during (but not less frequently than monthly). Tenant shall pay the term, the Estimated Submeter Electric Rent may be adjusted by Electricity Inclusion Charge to Landlord on or prior to the basis thirtieth (30th) day after the date that Landlord gives each such invoice to Tenant. If (I) the monthly amount that Tenant would have paid to Landlord as the Electricity Additional Rent for the period that Tenant occupies the Premises or the applicable portion thereof for the conduct of business prior to the date that the submeter is, or the submeters are, operational (as determined using the average monthly submeter readings for the period of three (3) months after the date that the submeter is, or the submeters are, operational), exceeds (II) the Electricity Inclusion Charge for any particular period of one (1) month, then Tenant shall pay to Landlord an amount equal to such excess for each such month within thirty (30) days after Landlord gives to Tenant an invoice therefor. If (I) the Electricity Inclusion Charge for any particular period of one (1) month, exceeds (II) the monthly amount that Tenant would have paid to Landlord as the Electricity Additional Rent for the period that Tenant occupies the Premises or the applicable portion thereof for the conduct of business prior to the date that the submeter is, or the submeters are, operational (as determined using the average monthly submeter readings for the period of three (3) months after the date that the submeter is, or the submeters are, operational), then Landlord, at Landlord’s option, shall either (x) refund promptly to Tenant an amount equal to such excess for each such month, or (y) credit such excess for each such month against the monthly installments of Rental next becoming due and payable hereunder (together with interest on such excess calculated at the Base Rate from the date that Tenant is entitled to such credit). If Landlord gives Tenant such credit for such excess, and the Expiration Date occurs before the date that such credit is exhausted, then Landlord shall pay to Tenant the unused portion of such credit on or prior to the thirtieth (30th) day after the Expiration Date (and Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time ’s obligation to make such payment shall survive the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effectExpiration Date).

Submetering. (iA) Subject to the provisions of this Section 5.3, Landlord may supply shall measure Tenant’s demand for and consumption of electricity in the Premises using a submeter that is, or submeters that are, installed and maintained by Landlord, which submeter(s) shall be installed an operational on the Commencement Date. Landlord shall pay the cost of installing such submeter or submeters, and for any required maintenance and/or replacement thereof. If, at any time during the Term, Tenant performs Alterations that require modifications to service the Demised Premises on aforesaid submeter or submeters that Landlord installs, or that require a submetered basissupplemental submeter or supplemental submeters, then Landlord shall perform such modification, or the installation of such supplemental submeter or submeters, and Tenant in shall reimburse Landlord for such event reasonable Out-of-Pocket Costs, as additional rent, within thirty (30) days after Landlord gives Tenant an invoice therefor. (B) Tenant shall pay to Landlord, as additional rent, an amount (the “Electricity Additional Rent”) equal to one hundred five percent (105%) of the sum of of: (1) the product obtained by multiplying (x) the Average Cost per Peak Demand Kilowatt, by (y) an amount determined by applying the Electric Rate or, at Landlord's election, number of kilowatts that constituted the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and peak demand for electricity within in the Demised Premises for the applicable billing period, as recorded registered on the submeter or submeters servicing for the Demised Premises, and and (z2) Landlord's administrative charge of 12% of the amount referred to in clause product obtained by multiplying (x) the Average Cost per Kilowatt Hour, by (y) abovethe number of kilowatt hours of electricity used in the Premises for the applicable billing period, if and as registered on the submeter or submeters for the Premises. (C) Landlord shall give Tenant an invoice for the Electricity Additional Rent from time to time (but no less frequently than quarter-annually). Tenant shall pay the Electricity Additional Rent to Landlord on or prior to the extent same is permitted by laws thirtieth (30th) day after the date that Landlord gives to Tenant each such invoice. Tenant shall not have the right to object to Landlord’s calculation of the Electricity Additional Rent unless Tenant gives Landlord notice of any such objection on or prior to the one hundred eightieth (180th) day after the date that Landlord gives Tenant the applicable invoice for the Electricity Additional Rent. If Tenant gives Landlord a notice objecting to Landlord’s calculation of the Electricity Additional Rent, as aforesaid, then Tenant shall have the right to review Landlord’s submeter readings and requirements Landlord’s calculation of public authorities (such combined sum being hereinafter called "Submeter Electric the Electricity Additional Rent"). Except as set forth in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate at Landlord’s offices or, at Landlord's election’s option, at the Cost per ▇▇▇▇▇▇▇▇ offices of Landlord’s managing agent, in either case at reasonable times and Cost per Kilowatt Hour for on reasonable advance notice to Landlord. Either party shall have the electricity provided pursuant right to this paragraph. Ifsubmit a dispute regarding the Electricity Additional Rent to an Expedited Arbitration Proceeding. (D) If a submeter measuring Tenant’s electrical demand and consumption in the Premises has not been installed in the Premises, pursuant or the submeters measuring Tenant’s electrical demand and consumption in the Premises have not been installed in the Premises, in either case on or prior to paragraph (a) the date hereof, then (x) Landlord shall have elected to supply electricity order such submeter or such submeters promptly after the date hereof, and (y) Landlord shall install such submeter or such submeters promptly prior to the Demised Commencement Date. Landlord and Tenant shall cooperate with each other in good faith to coordinate the installation of such submeter or such submeters with Tenant’s performance of the Initial Alterations. Landlord, in installing such submeter or such submeters, shall have the right to interrupt electrical service to the Premises temporarily and in accordance with this paragraph, the fixed rent good construction practice. Landlord shall be decreased by the Electric Rent. At Landlord's request, ▇▇▇▇▇▇ agrees to execute install a supplementary agreement modifying this lease to reflect the changes submeter in the fixed rent resulting from such electionPremises as part of Landlord’s Premises Work, at Landlord’s sole cost and same shall not count against Landlord’s Contribution. (iiE) Where more than one Subject to the terms of this Section 5.3(E), if, prior to Landlord’s installing a submeter measures or the electric service submeters in the Premises or prior to Tenantthe date that such submeter or submeters are operational, Tenant commences the electric service rendered through each submeter shall be computed and billed separately in accordance with performance of the provisions hereinabove set forth. (iii) Initial Alterations, then Tenant shall pay to Landlord, on account as additional rent, a fee for electricity service in an amount equal to the product obtained by multiplying (I) $0.0034, by (II) the number of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot feet of Rentable Area in the Premises ("Estimated Submeter Electric Rent"or the portion thereof in which Tenant is performing the Initial Alterations), subject by (III) the number of days in the period commencing on the date that Tenant so commences the Initial Alterations and ending on the earlier of (a) the date immediately preceding the date that Tenant first occupies the Premises (or the applicable portion thereof) for the conduct of business, and (b) the date immediately preceding the date that the submeter for the Premises (or the applicable portion thereof) is operational or the submeters for the Premises (or the applicable portion thereof) are operational. Landlord shall give Tenant an invoice for the aforesaid fee from time to time (but not less frequently than monthly). Tenant shall pay the aforesaid fee to Landlord on or prior to the adjustments on thirtieth (30th) day after the first day of date that Landlord gives each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated such invoice to the end of said calendar month, shall be payable on the first day of the first full calendar month)Tenant. (ivF) From Subject to the terms of this Section 5.3(F), if, prior to Landlord’s installing a submeter or submeters in the Premises or prior to the date that such submeter or submeters are operational, Tenant occupies all or any portion of the Premises for the conduct of business, then Tenant shall pay to Landlord, as additional rent, a fee for electricity service in an amount equal to the product obtained by multiplying (I) $0.0048 (which amount shall be increased on each anniversary of the Commencement Date to reflect the percentage increase, if any, in the Consumer Price Index from the Consumer Price Index that is in effect on Commencement Date), by (II) the number of square feet of Rentable Area in the Premises (or the portion thereof that Tenant is occupying for the conduct of business), by (III) the number of days in the period commencing on the date that Tenant occupies the Premises (or the applicable portion thereof) for the conduct of business and ending on the date immediately preceding the date that the submeter for the Premises or the applicable portion thereof is operational or that the submeters for the Premises or the applicable portion thereof are operational (such fee being referred to herein as the “Electricity Inclusion Charge”). Landlord shall give Tenant an invoice for the Electricity Inclusion Charge from time to time during (but not less frequently than monthly). Tenant shall pay the term, the Estimated Submeter Electric Rent may be adjusted by Electricity Inclusion Charge to Landlord on or prior to the basis thirtieth (30th) day after the date that Landlord gives each such invoice to Tenant. If (I) the monthly amount that Tenant would have paid to Landlord as the Electricity Additional Rent for the period that Tenant occupies the Premises or the applicable portion thereof for the conduct of business prior to the date that the submeter is, or the submeters are, operational (as determined using the average monthly submeter readings for the period of three (3) months after the date that the submeter is, or the submeters are, operational), exceeds (II) the Electricity Inclusion Charge for any particular period of one (1) month, then Tenant shall pay to Landlord an amount equal to such excess for each such month within thirty (30) days after Landlord gives to Tenant an invoice therefor. If (I) the Electricity Inclusion Charge for any particular period of one (1) month, exceeds (II) the monthly amount that Tenant would have paid to Landlord as the Electricity Additional Rent for the period that Tenant occupies the Premises or the applicable portion thereof for the conduct of business prior to the date that the submeter is, or the submeters are, operational (as determined using the average monthly submeter readings for the period of three (3) months after the date that the submeter is, or the submeters are, operational), then Landlord, at Landlord’s option, shall either (x) refund promptly to Tenant an amount equal to such excess for each such month, or (y) credit such excess for each such month against the monthly installments of Rental next becoming due and payable hereunder (together with interest on such excess calculated at the Base Rate from the date that Tenant is entitled to such credit). If Landlord gives Tenant such credit for such excess, and the Expiration Date occurs before the date that such credit is exhausted, then Landlord shall pay to Tenant the unused portion of such credit on or prior to the thirtieth (30th) day after the Expiration Date (and Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time ’s obligation to make such payment shall survive the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effectExpiration Date).

Submetering. (A) Subject to the provisions of this Section 5.3, Landlord shall measure Tenant's demand for and consumption of electricity in the Premises using a submeter that is, or submeters that are, installed and maintained by Landlord. Such submeter or submeters that Landlord installs shall have the capacity to measure (i) Landlord may supply electricity to service Tenant's electrical demand and consumption in the Demised Premises on a submetered totalized basis, and (ii) Tenant's peak demand on a coincidental basis. Such submeter or submeters shall not measure electricity for any Building Systems including, without limitation, the HVAC Systems. Landlord shall pay the cost of installing such submeter or submeters. If, at any time during the Term, Tenant in performs Alterations that require modifications to the aforesaid submeter or submeters that Landlord installs, or that require a supplemental submeter or supplemental submeters, then Landlord shall perform such event modification, or the installation of such supplemental submeter or submeters, and Tenant shall reimburse Landlord for Landlord's Out-of-Pocket Costs therefor within twenty (20) days following receipt of Landlord's invoice therefor, together with reasonable supporting documentation for the charges set forth therein. (B) Tenant shall pay to Landlord, as additional rent, an amount (the "Electricity Additional Rent") equal to one hundred three percent (103%) of the sum of of: (1) the product obtained by multiplying (x) the Average Cost per Kilowatt Hour, by (y) the number of kilowatt hours of electricity used in the Premises for the applicable billing period, as registered on the submeter or submeters for the Premises, and (2) the product obtained by multiplying (x) the Average Cost per Peak Demand Kilowatt, by (y) the number of kilowatts that the Premises demanded at the time that coincides with the Building's peak demand for electricity for the applicable billing period, as registered on the submeter or submeters for the Premises. (C) Landlord shall give Tenant an amount determined invoice for the Electricity Additional Rent from time to time (but no less frequently than quarter-annually). Tenant shall pay the Electricity Additional Rent to Landlord on or prior to the thirtieth (30th) day after the date that Landlord gives to Tenant each such invoice accompanied by applying a reasonably detailed statement showing Landlord's calculation of the Electric Rate Electricity Additional Rent. Tenant shall not have the right to object to Landlord's calculation of the Electricity Additional Rent unless Tenant gives Landlord notice of any such objection on or prior to the two hundred seventieth (270th) day after the date that Landlord gives Tenant the applicable invoice for the Electricity Additional Rent. If Tenant gives Landlord a notice objecting to Landlord's calculation of the Electricity Additional Rent, as aforesaid, then Tenant shall have the right to review Landlord's submeter readings and Landlord's calculation of the Electricity Additional Rent, at Landlord's offices or, at Landlord's electionoption, at the Cost per Kilowatt Hour offices of Landlord's managing agent, in either case at reasonable times and Cost per Kilowatt, on reasonable advance notice to Landlord. Either party shall have the right to submit a dispute regarding the Electricity Additional Rent to an Expedited Arbitration Proceeding. (D) If a submeter measuring Tenant's electrical demand and consumption in the Premises has not been installed in the Premises, or the submeters measuring Tenant's electrical demand and consumption in the Premises have not been installed in the Premises, in either case on or prior to the date hereof, then Landlord shall install such submeter or such submeters promptly after the Pre-Delivery Work Substantial Completion Date. Landlord and Tenant shall cooperate with each other in good faith to coordinate the installation of such submeter or such submeters. Landlord, in installing such submeter or such submeters, shall have the right to interrupt electrical service to the Premises temporarily and demand for electricity within in accordance with good construction practice, subject to Article 10 hereof, provided Landlord uses commercially reasonable efforts to minimize interference with Tenant's business. (E) Subject to the Demised Premises as recorded on terms of this Section 5.3(E), if at any time during the Term, a submeter or submeters servicing are not in place to measure the Demised electrical service to the Premises, and (z) Landlord's administrative charge of 12% of the amount referred to in clause (y) above, if and to the extent same is permitted by laws and requirements of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate or, at Landlord's election, the Cost per ▇▇▇▇▇▇▇▇ and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity to the Demised Premises in accordance with this paragraph, the fixed rent shall be decreased by the Electric Rent. At Landlord's request, ▇▇▇▇▇▇ agrees to execute a supplementary agreement modifying this lease to reflect the changes in the fixed rent resulting from such election. (ii) Where more than one submeter measures the electric service to Tenant, the electric service rendered through each submeter shall be computed and billed separately in accordance with the provisions hereinabove set forth. (iii) then Tenant shall pay to Landlord, on account of Tenant's consumption of and demand for electricity in the Submeter Electric Rent payable pursuant Premises, an amount equal to this Section 21.03, the annual sum of One and 00/100 Dollars ($1.50 1.00) per annum per square foot of Rentable Area in the Premises, on a monthly basis in arrears, during such period ("Estimated Submeter Electric Rent"with the understanding that such amount of One and 00/100 Dollars ($1.00) shall be increased on each anniversary of the Pre-Delivery Work Substantial Completion Date to reflect the percentage increase, if any, in the Consumer Price Index from the Consumer Price Index that is in effect on the Pre-Delivery Work Substantial Completion Date), subject . Landlord shall give Tenant an invoice for the aforesaid fee from time to time. Tenant shall pay the aforesaid fee to Landlord on or prior to the adjustments on thirtieth (30th) day after the first day of date that Landlord gives each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated such invoice to Tenant. Notwithstanding anything to the end of said calendar monthcontrary contained in this Lease, no Rental shall be payable on by Tenant pursuant to this Article 5 prior to, or with respect to the first day of the first full calendar month). (iv) From time to time during the termperiod preceding, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effectCommencement Date.

Submetering. (i) During any period in which Landlord may supply electricity to service the Demised Premises on a submetered basis, and Tenant in such event shall pay to Landlord, as additional rent, the sum of (y) an amount determined by applying the Electric Rate or, at Landlord's election, the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and demand for electricity within the Demised Premises as recorded on the submeter or submeters servicing the Demised Premises, and (z) Landlord's administrative charge of 12% of the amount referred to in clause (y) above, if and to the extent same is permitted by laws and requirements of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate or, at Landlord's election, the Cost per ▇▇▇▇▇▇▇▇ and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply furnishes electricity to the Demised Premises in accordance with this paragraphSection 6.1.1.2 by submetering, Tenant shall purchase from Landlord, or from a meter company designated by Landlord, all electricity consumed in the Premises and shall pay to Landlord or the meter company, as Additional Rent, the fixed rent amounts for electricity consumed (the "Electricity Additional Rent") determined by a meter or meters (measuring both consumption and demand) and related equipment installed (or, if existing, retrofitted) by Landlord in accordance with Landlord's specifications at Landlord's expense. Tenant, at its expense, shall keep the meter and related equipment in good working order and repair. Tenant shall purchase the electricity from Landlord or the meter company at the rate ("Landlord's Rate") paid by Landlord to the utility company furnishing electricity to the Premises plus an amount equal to five percent (5%) of the charge therefor for Landlord's overhead and supervision. Bills therefor shall be decreased rendered at such times as Landlord may elect, but not more frequently than monthly, and the amount of the Electricity Additional Rent shall be deemed to be Additional Rent payable by the Electric Rent. At Landlord's request, ▇▇▇Tenant within fifteen (15) days after such b▇▇▇ agrees to execute a supplementary agreement modifying this lease to reflect the is rendered. In determining Landlord's Rate, Landlord may take into account rates (including time of day and seasonal rate differentials), changes in the fixed rent resulting method of delivery of electric current to the Building, kilowatt hours of energy charges, kilowatts of demand charges, fuel adjustment charges (as determined for each month of such period and not averaged), rate adjustment charges, transfer adjustment charges, utility taxes, sales taxes and/or any other factors used by the utility company in computing its charges to Landlord or applied to the kilowatt hours of energy and the kilowatts of demand purchased by Landlord during a given billing period. In no event shall the Electricity Additional Rent for submetered electricity supplied to the Premises be less than Landlord's actual cost to purchase and distribute such electricity. If Tenant shall consume electricity prior to the installation or retrofitting of meters in the Premises, then Tenant agrees to pay Landlord for electricity at a rate equal to the product of the Initial Electric Inclusion Factor multiplied by the number of square feet of Rentable Area per annum until such time as said meters are installed. Landlord shall promptly install or retrofit the meters which will serve the Premises. The "Initial Electric Inclusion Factor" shall, as of any given date, be equal to the product of Three and 50/100 Dollars ($3.50) multiplied by a fraction, the numerator of which is Landlord's actual average cost per unit of electrical power as of such date, and the denominator of which is Landlord's actual average cost per unit of electrical power as of the Lease Date. If any Tax is imposed upon the Electricity Additional Rent received by Landlord from such election. (ii) Where more than one submeter measures the electric service sale or resale of electricity to Tenant, Tenant agrees that, to the electric service rendered through each submeter shall be computed and billed separately in accordance with the provisions hereinabove set forth. (iii) extent permitted by law, Tenant shall pay reimburse such taxes to Landlord, on account of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent"), subject to the adjustments on the first day of each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the first day of the first full calendar month). (iv) From time to time during the term, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effect.

Submetering. (i) Landlord may shall supply electricity to service the Demised Premises and all equipment (wherever located) exclusively servicing the Demised Premises including, without limitation, all of the heating, ventilating and air conditioning equipment exclusively serving the Demised Premises, on a submetered basis, and Tenant in such event shall pay to Landlord, as additional rent, the sum of (y) an amount determined by applying the Electric Rate or, at Landlord's ’s election, the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's ’s consumption of and demand for electricity within the Demised Premises as recorded on the submeter or submeters servicing the Demised Premises, and (z) Landlord's ’s administrative charge of 124% of the amount referred to in clause (y) above, if and to the extent same is permitted by laws and requirements of public authorities (such combined sum being hereinafter called "“Submeter Electric Rent"”). Except as set forth in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate or, at Landlord's ’s election, the Cost per ▇▇▇▇▇▇▇▇ Kilowatt and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity pay all electric charges directly to the Demised Premises appropriate authority in accordance with this paragraph, the fixed rent shall be decreased by the Electric Rent. At Landlord's request, ▇▇▇▇▇▇ agrees to execute a supplementary agreement modifying this lease to reflect the changes in the fixed rent resulting from such electiontimely manner. (ii) Where more than one submeter exclusively measures the electric service to Tenant, the electric service rendered through each submeter shall be computed and billed separately in accordance with the provisions hereinabove set forth. (iii) Tenant shall pay to Landlord, on account of the Submeter Electric Rent payable pursuant to this Section 21.03paragraph 6.03, the annual sum of $1.50 per square foot of Rentable Area ("“Estimated Submeter Electric Rent"”), subject to the adjustments on the first day of each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the first day of the first full calendar month). (iv) From time to time during the term, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's ’s reasonable estimate of Tenant's ’s electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's ’s actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premisespremises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effect. (v) Subsequent to the end of each calendar year during the term of this lease, or more frequently if Landlord shall elect, Landlord shall submit to Tenant a statement of the Electric Submeter Rent for such year or shorter period together with the components thereof, as set forth in clause (i) of this paragraph 6.03 (“Submetered Electric Statement”). To the extent that the Estimated Submeter Electric Rent paid by Tenant for the period covered by the Submetered Electric Statement shall be less than the Submeter Electric Rent as set forth on such Submeter Electric Statement, Tenant shall pay Landlord the difference within 30 days after receipt of the Submeter Electric Statement. If the Estimated Submeter Electric Rent paid by Tenant for the period covered by the Submeter Electric Statement shall be greater than the Submeter Electric Rent as set forth on the Submeter Electric Statement, such difference shall be credited against the next required payment(s) of fixed rent or additional rent. If no Estimated Submeter Electric Rent payment(s) shall thereafter be due, Landlord shall pay such difference to Tenant. (vi) For any period during which the submeter(s) servicing the premises are inoperative, the Submeter Electric Rent shall be determined by Landlord, based upon its reasonable estimate of Tenant’s actual consumption of and demand for electricity, based upon prior invoices, and the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effect.

Submetering. (i) Landlord may supply electricity to service the Demised Premises on a submetered basis, and Tenant in such event shall pay to Landlord, as additional rent, the sum of (y) an amount determined by applying the Electric Rate orshall, at Landlord's electionsole expense, install a meter (as hereinafter defined) at a location designated by Landlord, connections from the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and demand for electricity within riser servicing the Demised Premises as recorded on to said meter and perform all other work necessary for the submeter or submeters servicing the Demised Premises, and (z) Landlord's administrative charge furnishing of 12% of the amount referred to in clause (y) above, if and to the extent same is permitted electric current by laws and requirements of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth Landlord in the foregoing clause (z), manner provided for in this Paragraph A. If and so long as electric current is supplied by Landlord will not charge Tenant more than the Electric Rate or, at Landlord's election, the Cost per ▇▇▇▇▇▇▇▇ and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity to the Demised Premises in accordance with this paragraphto service Tenant's office equipment and the air conditioning units therein contained, if any, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such service, the fixed rent amounts, (hereinafter collectively called the "Electricity Additional Rent"), as determined by a meter or submeter (the "Submeter") installed, by Landlord at Landlord's cost, for the purpose of measuring such consumption. The readings from the Submeter shall then be used to compute the Electricity Additional Rent. Such service shall be decreased by computed at the Electric Rent. At Landlord's request, rates at the beginning of the scale for any given bill ▇▇▇iod specified in the same service classification at which Landlord purchases electric current for the entire Building, plus a fee (the "Overhead Charge") equal to eight (8%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The Overhead Charge shall be payable as Electricity Additional Rent as herein provided. Landlord, at its option, may from time to time, increase the Electricity Additional Rent based upon among other things, increases in the average cost per kilowatt hour and kilowatt demand to Landlord of purchasing electricity for the Building, and such other factors, such as, without limitation, fuel adjustment charges (as determined for each month of said period and not averaged), rate adjustment charges, sales tax, and or any other factors, used by the public utility company in computing its charges to Landlord; as applied to kilowatts of demand purchased by Landlord during a given period. The periods to be used for the aforesaid computation shall be the bill ▇▇▇ agrees ▇iods ending in February and August immediately preceding such change, or such other period or periods as Landlord, in its sole discretion, may from time to execute a supplementary agreement modifying this lease to reflect the changes in the fixed rent resulting from such election. (ii) time elect. Where more than one submeter meter measures the electric service to Tenant, the electric service rendered through each submeter meter may be computed above set forth. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect and the amount, as computed and billed separately in accordance from the meter, together with the provisions hereinabove set forth. (iii) Tenant shall pay to Landlord, on account of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent"), subject to the adjustments on the first day of each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated to the end of said calendar monthOverhead Charge, shall be payable on the first day of the first full calendar month)Electricity Additional Rent. (iv) From time to time during the term, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effect.

Submetering. (iA) Subject to the provisions of this Section 5.3, Landlord may supply shall measure Tenant’s demand for and consumption of electricity in the Premises using a submeter that is, or submeters that are, installed and maintained by Landlord. Landlord shall pay the cost of installing such submeter or submeters. If, at any time during the Term, Tenant performs Alterations that require modifications to service the Demised Premises on aforesaid submeter or submeters that Landlord installs, or that require a submetered basissupplemental submeter or supplemental submeters, and then Tenant in shall perform such event modification, or the installation of such supplemental submeter or submeters, at Tenant’s cost, as part of the applicable Alteration. (B) Tenant shall pay to Landlord, as additional rent, an amount (the “Electricity Additional Rent”) equal to one hundred seven (107%) percent of the sum of Landlord’s actual cost pursuant to the following formula: (1) the product obtained by multiplying (x) the Average Cost per Peak Demand Kilowatt, by (y) an amount determined by applying the Electric Rate or, at Landlord's election, number of kilowatts that constituted the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and peak demand for electricity within in the Demised Premises for the applicable billing period, as recorded registered on the submeter or submeters servicing for the Demised Premises, and (2) the product obtained by multiplying (x) the Average Cost per Kilowatt Hour, by (y) the number of kilowatt hours of electricity used in the Premises for the applicable billing period, as registered on the submeter or submeters for the Premises. (C) Landlord shall give Tenant an invoice for the Electricity Additional Rent from time to time (but no less frequently than quarter-annually). Tenant shall pay the Electricity Additional Rent to Landlord on or prior to the twenty (20th) day after the date that Landlord gives to Tenant each such invoice. Tenant shall not have the right to object to Landlord’s calculation of the Electricity Additional Rent unless Tenant gives Landlord notice of any such objection on or prior to the sixtieth (60th) day after the date that Landlord gives Tenant the applicable invoice for the Electricity Additional Rent. If Tenant gives Landlord a notice objecting to Landlord’s calculation of the Electricity Additional Rent, as aforesaid, then Tenant shall have the right to review Landlord’s submeter readings and Landlord’s calculation of the Electricity Additional Rent, at Landlord’s offices or, at Landlord’s option, at the offices of Landlord’s managing agent, in either case at reasonable times and on reasonable advance notice to Landlord. Either party shall have the right to submit a dispute regarding the Electricity Additional Rent to an Expedited Arbitration Proceeding. (D) If Landlord is required by any Requirement to discontinue furnishing electricity to the Premises as contemplated hereby, then this Lease shall continue in full force and effect and shall be unaffected thereby, except that from and after the effective date of any such Requirement, (x) Landlord shall not be obligated to furnish electricity to the Premises, and (z) Landlord's administrative charge of 12% of the amount referred to in clause (y) aboveTenant shall not be obligated to pay to Landlord the charges for electricity as described in this Article 5. (E) If Landlord discontinues Landlord’s furnishing electricity to the Premises pursuant to a Requirement, if and then Tenant shall use Tenant’s diligent efforts to obtain electricity for the Premises directly from the Utility Company. Tenant shall pay directly to the Utility Company the cost of such electricity. Tenant shall have the right to use the electrical facilities that then exist in the Building to obtain such direct electric service (without Landlord having any liability or obligation to Tenant in connection therewith). Nothing contained in this Section 5.5 shall permit Tenant to use electrical capacity in the Building that exceeds the Base Electrical Capacity. Tenant, at Tenant’s expense, shall make any additional installations that are required for Tenant to obtain electricity from the Utility Company. (F) Landlord shall not discontinue furnishing electricity to the Premises as contemplated by this Section 5.5 (to the extent same is permitted by laws and requirements of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth in the foregoing clause (z), Landlord will not charge applicable Requirements) until Tenant more than the Electric Rate or, at Landlord's election, the Cost per ▇▇▇▇▇▇▇▇ and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity to the Demised Premises in accordance with this paragraph, the fixed rent shall be decreased by the Electric Rent. At Landlord's request, ▇▇▇▇▇▇ agrees to execute a supplementary agreement modifying this lease to reflect the changes in the fixed rent resulting from such election. (ii) Where more than one submeter measures the obtains electric service to Tenant, directly from the electric service rendered through each submeter shall be computed and billed separately in accordance with the provisions hereinabove set forthUtility Company. (iii) Tenant shall pay to Landlord, on account of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent"), subject to the adjustments on the first day of each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the first day of the first full calendar month). (iv) From time to time during the term, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effect.

Submetering. (iA) Subject to the provisions of this Section 5.4, if Landlord may supply exercises the Submeter Conversion Right, then Landlord shall measure Tenant’s demand for and consumption of electricity in the Premises using a submeter that is, or submeters that are, installed and maintained by Landlord. Landlord shall pay the cost of installing such submeter or submeters. If, at any time during the Term, Tenant performs Alterations that require modifications to service the Demised Premises on aforesaid submeter or submeters that Landlord installs, or that require a submetered basissupplemental submeter or supplemental submeters, and then Tenant in shall perform such event modification, or the installation of such supplemental submeter or submeters, at Tenant’s cost, as part of the applicable Alteration. (B) If Landlord exercises the Submeter Conversion Right, then Tenant shall pay to Landlord, as additional rent, an amount (the “Electricity Additional Rent”) equal to one hundred four percent (104%) of the sum of of: (1) the product obtained by multiplying (x) the Average Cost per Peak Demand Kilowatt, by (y) an amount determined by applying the Electric Rate or, at Landlord's election, number of kilowatts that constituted the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and peak demand for electricity within in the Demised Premises for the applicable billing period, as recorded registered on the submeter or submeters servicing for the Demised Premises, and and` (z2) Landlord's administrative charge of 12% of the amount referred to in clause product obtained by multiplying (x) the Average Cost per Kilowatt Hour, by (y) abovethe number of kilowatt hours of electricity used in the Premises for the applicable billing period, if and as registered on the submeter or submeters for the Premises. (C) Landlord shall give Tenant an invoice for the Electricity Additional Rent from time to time (but no less frequently than quarter-annually). Tenant shall pay the Electricity Additional Rent to Landlord on or prior to the extent same is permitted by laws thirtieth (30th) day after the date that Landlord gives to Tenant each such invoice. Tenant shall not have the right to object to Landlord’s calculation of the Electricity Additional Rent unless Tenant gives Landlord notice of any such objection on or prior to the ninetieth (90th) day after the date that Landlord gives Tenant the applicable invoice for the Electricity Additional Rent. If Tenant gives Landlord a notice objecting to Landlord’s calculation of the Electricity Additional Rent, as aforesaid, then Tenant shall have the right to review Landlord’s submeter readings and requirements Landlord’s calculation of public authorities (such combined sum being hereinafter called "Submeter Electric the Electricity Additional Rent"). Except as set forth in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate at Landlord’s offices or, at Landlord's election’s option, at the Cost per ▇▇▇▇▇▇▇▇ and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity to the Demised Premises in accordance with this paragraph, the fixed rent shall be decreased by the Electric Rent. At offices of Landlord's request, ▇▇▇▇▇▇ agrees to execute a supplementary agreement modifying this lease to reflect the changes in the fixed rent resulting from such election. (ii) Where more than one submeter measures the electric service to Tenant, the electric service rendered through each submeter shall be computed and billed separately in accordance with the provisions hereinabove set forth. (iii) Tenant shall pay to Landlord, on account of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent"), subject to the adjustments on the first day of each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the first day of the first full calendar month). (iv) From time to time during the term, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and’s managing agent, in either event, case at reasonable times and on reasonable advance notice to Landlord. Either party shall have the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effectright to submit a dispute regarding the Electricity Additional Rent to an Expedited Arbitration Proceeding.

Submetering. (i) Landlord may supply electricity to service the Demised Premises on a submetered basis, and Tenant in such event shall pay to Landlord, as additional rent, the sum of (y) an amount determined by applying the Electric Rate or, at Landlord's election, the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and demand for electricity within the Demised Premises as recorded on the submeter or submeters servicing the Demised Premises, and (z) Landlord's administrative charge of 12% of the amount referred to in clause (y) above, if and to the extent same is permitted by laws and requirements of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate or, at Landlord's election, the Cost per ▇▇▇▇▇▇▇▇ Kilowatt and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity to the Demised Premises in accordance with this paragraph, the fixed rent shall be decreased by the Electric Rent. At Landlord's request, ▇▇▇▇▇▇ Tenant agrees to execute a supplementary agreement modifying this lease to reflect the changes in the fixed rent resulting from such election. (ii) Where more than one submeter measures the electric service to Tenant, the electric service rendered through each submeter shall be computed and billed separately in accordance with the provisions hereinabove set forth. (iii) Tenant shall pay to Landlord, on account of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent"), subject to the adjustments on the first day of each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the first day of the first full calendar month).Estimated (iv) From time to time during the term, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effect. (v) Subsequent to the end of each calendar year during the term of this lease, or more frequently if Landlord shall elect, Landlord shall submit to Tenant a statement of the Electric Submeter Rent for such year or shorter period together with the components thereof, as set forth in clause (i) of this Section 21.03 ("

Submetering. (i) At any time during the term of this Lease, Tenant may, at its sole cost and expense install a submeter in the Demised Premises in order to measure Tenant's use and consumption of electricity therein, provided that Landlord may supply is given prior written notice of any such installation, and subject to Landlord's prior written approval of Tenant plans and specifications and provided any such installation complies with all other terms, covenants and conditions of this Lease. If and so long as Landlord provides redistributed electricity to service the Demised Premises on a submetered basis, and Tenant agrees that the charges for such redistributed electricity shall be computed in such event shall pay the manner hereinafter described, to wit, a sum equal to Landlord's cost for such electricity ("Landlord's Cost") plus ten (10%) percent thereof. Landlord's Cost for such redistributed electricity shall be equal to (i) the consumption of KW demand and KW hours recorded on Tenant's submeter(s), billed at the service classification under which Landlord purchases electric current that is appropriate for Tenant's level of consumption, (ii) Landlord's costs for measuring, calculating and reporting Tenant's electricity charges, including the fees of an electrical consultant ("Consultant Costs") and (iii) and all taxes paid by Landlord. Bills therefor shall be rendered at such times as Landlord may elect, and the amount, as computed from said meters, shall be deemed to be, and shall be paid as additional rent, the sum of (y) an amount determined by applying the Electric Rate or, at . If any tax is imposed upon Landlord's electionreceipt from the resale of electrical energy to Tenant by any Federal, the Cost per Kilowatt Hour State or Municipal authority, Tenant covenants and Cost per Kilowattagrees that, to where permitted by law, Tenant's consumption share of such taxes based upon its usage and demand for electricity within the Demised Premises as recorded shall be passed on the submeter or submeters servicing the Demised Premisesto, and (z) Landlord's administrative charge of 12% of the amount referred to in clause (y) above, if and to the extent same is permitted by laws and requirements of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth shall be included in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate or, at Landlord's election, the Cost per bill ▇▇▇▇▇▇▇▇ , and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity to the Demised Premises in accordance with this paragraph, the fixed rent shall be decreased paid by the Electric RentTenant to Landlord. At Landlord's request, ▇▇▇▇▇▇ agrees to execute a supplementary agreement modifying this lease to reflect the changes in the fixed rent resulting from such election. (ii) Where more than one submeter meter measures the electric service to Tenantof Tenant in the Building, the electric service rendered through KWH and KW recorded by each submeter meter shall be computed and billed separately in accordance with the provisions hereinabove rates set forthforth herein. (iii) Tenant shall pay to Landlord, on account of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent"), subject to the adjustments on the first day of each and every calendar month of the term (except that if the first day of the term is other than the first day of a calendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the first day of the first full calendar month). (iv) From time to time during the term, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of and demand for electricity as recorded on the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and Cost per Kilowatt Hour then in effect.

Submetering. (i) On and after the Commencement Date, Landlord may shall supply electricity to service the Demised Premises on a submetered basisbasis in accordance with this Section 6. 1.1. Tenant shall purchase from Landlord, at Landlord's actual out-of-pocket cost therefor, all electricity consumed or to be consumed in the Premises and Tenant in such event shall pay to LandlordLandlord or a meter company designated by Landlord (a) the actual out-of-pocket cost of the electricity consumed on those floors of the Building on which the Premises (or portions thereof) are located, as additional rentdetermined by a meter or meters (measuring both consumption and demand) and related equipment installed (or, if existing, retrofitted) by Landlord in accordance with Landlord's specifications, (b) the actual out-of-pocket cost of keeping the meter(s) and related equipment in good working order and repair and (c) any other actual out-of-pocket costs incurred by Landlord in providing such electricity to Tenant (it being understood that Landlord shall pay for all costs and expenses incurred in connection with the installation of such meters or related equipment). With respect to a multiple-tenant floor, the cost of electricity, installation and maintenance to be paid by Tenant shall be determined by multiplying Tenant's percentage of the total Rentable Area of such floor by the sum of (yi) an the total amount determined of the electricity consumed by applying all tenants or occupants of such floor as measured by the Electric Rate or, at Landlord's election, the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and demand for electricity within the Demised Premises as recorded meter on the submeter or submeters servicing the Demised Premisessuch floor, and (z) Landlord's administrative charge of 12% of the amount referred to in clause (y) above, if and to the extent same is permitted by laws and requirements of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth in the foregoing clause (z), Landlord will not charge Tenant more than the Electric Rate or, at Landlord's election, the Cost per ▇▇▇▇▇▇▇▇ and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity to the Demised Premises in accordance with this paragraph, the fixed rent shall be decreased by the Electric Rent. At Landlord's request, ▇▇▇▇▇▇ agrees to execute a supplementary agreement modifying this lease to reflect the changes in the fixed rent resulting from such election. (ii) Where more than one submeter measures the electric service to Tenantcost of keeping the meter(s) and related equipment in good working order and repair; provided, the electric service rendered through each submeter shall be computed and billed separately in accordance with the provisions hereinabove set forth. (iii) Tenant shall pay to Landlordhowever, on account of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent"), subject to the adjustments on the first day of each and every calendar month of the term (except that if the first day of the term is other than the first day of Tenant requests Landlord to install a calendar month, the first monthly installment, prorated separate meter to the end of said calendar month, shall be payable on the first day of the first full calendar month). (iv) From time to time during the term, the Estimated Submeter Electric Rent may be adjusted by Landlord on the basis of either Landlord's reasonable estimate of Tenant's electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or measure Tenant's actual consumption of electricity, Landlord shall install such meter, at Landlord's sole cost and demand expense, and Tenant shall pay (A) for the cost of Tenant's actual consumption of electricity as recorded on measured by such separate meter, (B) the submeter(sfull cost of any maintenance of any separate meter performed by Landlord, and (C) servicing tenant's percentage of the Demised Rentable Area of the floor multiplied by (y) the cost of the electricity consumed in the common areas of Tenant's floor. In determining the actual cost of the electricity consumed in the Premises, andLandlord shall take into account any special abatements or rebates, but only to the extent that such abatements or rebates actually decrease the actual cost to Landlord of such electricity, and such special abatements or rebates shall be deducted from Tenant's Costs. In no event shall the Electricity Additional Rent for submetered electricity supplied to the Premises be more or less than Landlord's actual cost to purchase and distribute such electricity. If any tax is imposed upon the Electricity Additional Rent received by Landlord from the sale or resale of electricity to Tenant, Tenant agrees that to the extent permitted by Law, Tenant shall reimburse such taxes to Landlord as Additional Rent within 20 days after demand therefor. Bills for the cost of electricity, installation and maintenance shall be rendered at such times as Landlord may elect, and such amounts shall be paid by Tenant as Additional Rent within 20 days of Tenant's receipt of bills therefor. Landlord covenants to use all reasonable efforts to provide such bills to Tenant promptly and in either eventany event at least once every three (3) months. If there is more than one meter for the Premises, the Electric Rate or Cost per Kilowatt electricity rendered through each meter may be computed and Cost per Kilowatt Hour then in effectbilled separately.