Submetering. If and so long as Lessor provides electricity to the demised premises on a submetering basis, Lessee covenants and agrees to purchase the same from Lessor or Lessor's designated agent at charges, terms and rates set, from to time, during the term of this lease by Lessor but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Lessor then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided, however, said charges shall be increased in the same percentage as any percentage increase in the billing to Lessor for electricity for the entire building, by reason of increase in Lessor's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Lessor's electric charges, fuel adjustment, or by taxes or charges of any kind imposed on Lessor's electricity purchases, or for any other such reason, subsequent to said date. Any such percentage increase in Lessor's billing for electricity due to changes in 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 and to the service classification in effect on January 1, 1970. 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; and that same consumption, so projected, shall be applied to the service classification in effect on January 1, 1970. Where more than one meter measures the service of Lessee in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefore shall be rendered at such times as Lessor may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Lessor may, without further notice, discontinue the service of electric current to the demised premises without releasing Lessee from any liability under this lease and without Lessor or Lessor's agent incurring any liability for any damage or loss sustained by Lessee by such discontinuance of service. If any tax is imposed upon Lessor's receipt from the sale or resale of electrical energy or gas or telephone service to Lessee by any Federal, State or Municipal Authority, Lessee covenants and agrees that where permitted by law, Lessee's pro rata share of such taxes shall be passed on to, and included in the bill xx, and paid by, Lessee to Lessor.
Appears in 1 contract
Samples: Lease (Fundex Games LTD)
Submetering. If and so long as Lessor Landlord provides electricity to the demised premises on a submetering basis, Lessee Tenant covenants and agrees to purchase the same from Lessor Landlord or LessorLandlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Lessor Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Lessor Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided, provided however, said charges shall be increased in the same percentage as any percentage increase in the billing to Lessor Landlord for electricity for the entire building, by reason of increase in LessorLandlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in LessorLandlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustmentadjustments, or by taxes or charges of any kind imposed on LessorLandlord's electricity purchasespurchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in LessorLandlord's billing for electricity due to changes in rates rates, service classifications, or service classifications 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 change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. 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 service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Lessee Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates hereinherein specified. Bills therefore shall be rendered at such times as Lessor Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Lessor Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Lessee Tenant from any liability under this lease and without Lessor Landlord or LessorLandlord's agent incurring any liability for any damage or loss sustained by Lessee lessee by such discontinuance of service. If any tax is imposed upon LessorLandlord's receipt from the sale sale, resale or resale redistribution of electrical energy electricity or gas or telephone service to Lessee Tenant by any Federal, State State, or Municipal Authorityauthority, Lessee Tenant covenants and agrees that where permitted by law, LesseeTenant's pro pro-rata share of such taxes shall be passed on to, to and included in the bill xx, xxxx of and paid by, Lessee Tenant to LessorLandlord.
Appears in 1 contract
Samples: Lease (Doubleclick Inc)
Submetering. If and so long as Lessor Landlord provides electricity to the demised premises on a submetering basis, Lessee Tenant covenants and agrees to purchase the same from Lessor Landlord or LessorLandlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Lessor Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Lessor Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided, provided however, said charges shall be increased in the same percentage as any percentage increase in the billing to Lessor Landlord for electricity for the entire building, by reason of increase in LessorLandlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in LessorLandlord's electric chargescharge including changes in market prices for electricity from utilities and/or other providers, in fuel adjustment, or by taxes or charges of any kind imposed on LessorLandlord's electricity purchasespurchases or redistribution, or for by any other such reason, subsequent to said date. Any such percentage increase in LessorLandlord's billing for electricity due to changes in rates rates, service classifications, or service classifications 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 change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. 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 service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Lessee Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates hereinherein specified. Bills therefore shall be rendered at such times as Lessor Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Lessor Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Lessee Tenant from any liability under this lease and without Lessor Landlord or LessorLandlord's agent incurring any liability for any damage or loss sustained by Lessee lessee by such discontinuance of service. If any tax is imposed upon LessorLandlord's receipt from the sale sale, resale or resale redistribution of electrical energy electricity or gas or telephone service to Lessee Tenant by any Federal, State State, or Municipal Authorityauthority, Lessee Tenant covenants and agrees that where permitted by law, LesseeTenant's pro pro-rata share of such taxes shall be passed on to, to and included in the bill xxxxxx of, and paid by, Lessee Tenant to LessorLandlord.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (G Iii Apparel Group LTD /De/)
Submetering. If and so long as Lessor Landlord provides electricity to the demised premises on a submetering basis, Lessee Tenant covenants and agrees to purchase the same from Lessor Landlord or LessorLandlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Lessor Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Lessor Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided, provided however, said charges shall be e increased in the same percentage as any percentage increase in the billing to Lessor Landlord for electricity for the entire building, by reason of increase in LessorLandlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in LessorLandlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustmentadjustments, or by taxes or charges of any kind imposed on LessorLandlord's electricity purchasespurchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in LessorLandlord's billing for electricity due to changes in rates rates, service classifications, or service classifications 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 change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. 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, projected shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Lessee Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates hereinherein specified. Bills therefore shall be rendered at such times as Lessor Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Lessor Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Lessee Tenant from any liability under this lease and without Lessor Landlord or LessorLandlord's agent incurring any liability for any damage or loss sustained by Lessee lessee by such discontinuance of service. If any tax is imposed upon LessorLandlord's receipt from the sale sale, resale or resale redistribution of electrical energy electricity or gas or telephone service to Lessee Tenant by any Federal, State State, or Municipal Authorityauthority, Lessee Tenant covenants and agrees that where permitted by law, LesseeTenant's pro pro-rata share of such taxes shall be passed on to, to and included in the bill xxof, and paid by, Lessee Tenant to LessorLandlord.
Appears in 1 contract
Samples: Active Apparel Group Inc
Submetering. If and so long as Lessor Landlord provides electricity to the demised premises on a submetering basis, Lessee Tenant covenants and agrees to purchase the same from Lessor Landlord or LessorLandlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Lessor Landlord but not more less than those specified in the service classification in effect on January 1, 1970 the date of this lease pursuant to which Lessor Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided, however, said charges shall be increased in the same percentage as any percentage increase in the billing to Lessor Landlord for electricity for the entire building, (a) by reason of increase in LessorLandlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in LessorLandlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, or (b) by fuel adjustment, or (c) by taxes or charges of any kind imposed or which may be imposed on LessorLandlord's electricity purchases, or for on Landlord's electricity redistribution, or (d) by virtue of any other such reason, cause subsequent to said dateJanuary 1, 1970. 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 increase in LessorLandlord's billing for electricity due to changes in rates or 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 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 to the service classification in effect on January 1, 1970. 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; and that same consumption, so projected, shall be applied to the service classification in effect on January 1, 1970. Where more than one meter measures the service of Lessee Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefore therefor shall be rendered at such times as Lessor Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Lessor Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Lessee Tenant from any liability under this lease and without Lessor Landlord or LessorLandlord's agent incurring any liability for any damage or loss sustained by Lessee Tenant by such discontinuance of service. If any tax is imposed upon LessorLandlord's receipt from the sale or resale of electrical energy or gas or telephone service to Lessee Tenant by any Federal, State or Municipal Authority, Lessee Tenant covenants and agrees that where permitted by law, LesseeTenant's pro rata (based on consumption or estimated consumption) share of such taxes shall be passed on to, and included in the bill xxxxxx o1, and paid by, Lessee Tenant to LessorLandlord.
Appears in 1 contract
Submetering. If and so long as Lessor Landlord provides electricity to the demised premises on a submetering basis, Lessee Tenant covenants and agrees to purchase the same from Lessor Landlord or LessorLandlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Lessor Landlord but not more less than those specified in the service classification in effect on January 1, 1970 pursuant to which Lessor Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided, however, said charges shall be increased or decreased in the same percentage as any percentage increase or decrease in the billing to Lessor Landlord for electricity for the entire building, (a) by reason of increase changes in LessorLandlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase changes in LessorLandlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, or (b) by changes in fuel adjustment, or (c) by changes in the amount of taxes or charges of any kind imposed or which may be imposed on LessorLandlord's electricity purchases, or for on Landlord's electricity redistribution, or (d) by virtue of any other such reason, cause subsequent to said dateJanuary 1, 1970. 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 increase or decrease in LessorLandlord's billing for electricity due to changes in rates or 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 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 to the service classification in effect on January 1, 1970. 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; and that same consumption, so projected, shall be applied to the service classification in effect on January 1, 1970. Where more than one meter measures the service of Lessee Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefore therefor shall be rendered at such times as Lessor Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five ten (510) days after the same are rendered, Lessor Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Lessee Tenant from any liability under this lease and without Lessor Landlord or LessorLandlord's agent incurring any liability for any damage or loss sustained by Lessee Tenant by such discontinuance of service. If any tax is imposed upon LessorLandlord's receipt from the sale or resale of electrical energy or gas or telephone service to Lessee Tenant by any Federal, State or Municipal Authority, Lessee Tenant covenants and agrees that where permitted by law, LesseeTenant's pro rata (based on consumption or estimated consumption) share of such taxes shall be passed on to, and included in the bill xxbxxx of, and paid by, Lessee Tenant to LessorLandlord.
Appears in 1 contract
Samples: Agreement of Lease (Omagine, Inc.)
Submetering. If and so long as Lessor Landlord provides electricity to the demised premises on a submetering basis, Lessee Tenant covenants and agrees to purchase the same from Lessor Landlord or LessorLandlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Lessor Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Lessor Landlord then purchased Purchased electric current from the public utility corporation serving the part of the city where the building is located; provided, provided however, . said charges shall be increased in the same percentage as any percentage increase in the billing to Lessor Landlord for electricity for the entire building, by reason of increase in LessorLandlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in LessorLandlord's electric charges, including changes in market prices for electricity from utilities and/or other providers in fuel adjustment, adjustments or by taxes or charges of any kind imposed on Lessor's Landlord electricity purchasespurchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in LessorLandlord's billing for electricity due to changes in rates rates, service classifications, or service classifications 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 change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. 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, consumption so projected, shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service Service of Lessee Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates hereinherein specified. Bills therefore shall be rendered at such times as Lessor Landlord may elect and the amount, as computed from a meter, . shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Lessor Landlord may, without further notice, discontinue the service Service of electric current to the demised premises without releasing Lessee Tenant from any liability under this lease and without Lessor Landlord or LessorLandlord's agent incurring any liability for any damage or loss sustained by Lessee lessee by such discontinuance of service. If any tax is imposed upon LessorLandlord's receipt from the sale sale, resale or resale redistribution of electrical energy electricity or gas or telephone service to Lessee Tenant by any Federal. State, State or Municipal Authorityauthority, Lessee Tenant covenants and agrees that where permitted by law, LesseeTenant's pro pro-rata share of such taxes shall be passed on to, to and included in the bill xx, xxxx of. and paid by, Lessee . Tenant to LessorLandlord.
Appears in 1 contract
Submetering. If and so long as Lessor provides Using the method of supplying electricity described in this SUBSECTION 49.2.1, Landlord shall furnish electricity to the demised premises on a submetering basis, Lessee submetered basis and Tenant covenants and agrees to purchase the same from Lessor or LessorLandlord, Landlord's designated agent agent, or an Alternate Supplier, at charges, terms and rates set, from time to time, during the term of this lease by Lessor but Landlord, which shall not more be higher than either (i) those specified in the service classification then in effect on January 1, 1970 pursuant to which Lessor Landlord then purchased electric current from the public utility corporation serving Utility, together with a surcharge in the part amount of ten (10%) percent of such charges in order to reimburse Landlord for its administrative expenses in connection with such submetering, or (ii) if Landlord uses an Alternate Supplier, the city where per kilowatt hour rate and other charges pursuant to which Landlord purchases electricity from the building is located; providedAlternate Supplier, howevertogether with a surcharge in the amount of ten (10%) percent of such charges in order to reimburse Landlord for its administrative expenses in connection with such submetering. In either event, said such charges shall be increased in the same percentage as any percentage increase in the billing to Lessor Landlord for electricity electricity, for the entire buildingBuilding, by reason of increase in LessorLandlord's electric rates rates, charges, fuel adjustment or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Lessor's electric charges, fuel adjustment, or by taxes or charges of any kind imposed on Lessor's electricity purchasesthereon, or for any other such reason, subsequent to said date. Any such percentage increase in LessorLandlord's billing for electricity due to changes in rates or service classifications shall be computed by the application of the average consumption (energy and demand) of electricity for the entire building Building for the twelve (12) full months immediately prior to the rate and/or service classification change, other 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 to the service classification then in effect on January 1, 1970effect. If the average consumption of electricity for the entire building Building for said such prior twelve (12) months cannot reasonably be applied to and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire building Building for the first three (3) months after such change, projected to a full twelve (12) months; months and that same consumption, so projected, shall be applied to the service classification then in effect on January 1or the rate charged by the Alternate Supplier, 1970if any. Where more than one meter measures the service of Lessee Tenant in the buildingBuilding, the service rendered through each meter may be computed and billed separately in accordance with the rates hereinprovisions hereof. Bills therefore shall be rendered at such times as Lessor may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that If such bills are not paid within five ten (510) days after the same are rendereddays, Lessor Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Lessee Tenant from any liability under this lease and without Lessor or Lessor's agent incurring any liability for any damage or loss sustained by Lessee Tenant by such discontinuance of service; provided, however, that if Landlord shall discontinue furnishing electric service to the demised premises pursuant to this sentence and Tenant shall pay to Landlord such delinquent amounts, then, unless Landlord shall have terminated this lease, Landlord shall resume providing such electrical service to the demised premises. If at any tax is imposed upon Lessor's receipt from the sale time any submeter(s) which measure electricity to be paid by Tenant hereunder shall not be properly functioning, or resale of electrical energy or gas or telephone shall not yet have been installed, then for such period Tenant shall pay for such electricity service to Lessee by any Federal, State or Municipal Authority, Lessee covenants and agrees that where permitted by law, Lessee's pro rata share of such taxes shall be passed on to, and included a rent inclusion basis as provided in the bill xx, and paid by, Lessee to LessorSUBSECTION 49.2.2.
Appears in 1 contract
Submetering. Landlord shall, at Landlord's sole expense, install a meter (as hereinafter defined) at a location designated by Landlord, connections from the riser servicing the Demised Premises to said meter and perform all other work necessary for the furnishing of electric current by Landlord in the manner provided for in this Paragraph A. If and so long as Lessor provides electricity electric current is supplied by Landlord to the demised premises on Demised Premises to 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 amounts, (hereinafter collectively called the "Electricity Additional Rent"), as determined by a submetering basismeter or submeter (the "Submeter") installed, Lessee covenants and agrees by Landlord at Landlord's cost, for the purpose of measuring such consumption. The readings from the Submeter shall then be used to purchase compute the Electricity Additional Rent. Such service shall be computed at the rates at the beginning of the scale for any given bill xxxiod 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 Lessor or Lessor's designated agent at charges, terms and rates set, from time to time, during increase the term of this lease by Lessor but not more than those specified Electricity Additional Rent based upon among other things, increases in the service classification in effect on January 1average cost per kilowatt hour and kilowatt demand to Landlord of purchasing electricity for the Building, 1970 pursuant to which Lessor then purchased electric current from 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 corporation serving 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 part of the city where the building is located; provided, however, said charges aforesaid computation shall be increased the bill xxxiods ending in the same percentage as any percentage increase in the billing to Lessor for electricity for the entire building, by reason of increase in Lessor's electric rates or service classifications, subsequent to January 1, 1970, February and so as to reflect any increase in Lessor's electric charges, fuel adjustment, or by taxes or charges of any kind imposed on Lessor's electricity purchases, or for any other August immediately preceding such reason, subsequent to said date. Any such percentage increase in Lessor's billing for electricity due to changes in 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 such other period or rules on billing for sameperiods as Landlord, on a consistent basis in its sole discretion, may from time to the new rate and/or service classification and to the service classification in effect on January 1, 1970. 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; and that same consumption, so projected, shall be applied to the service classification in effect on January 1, 1970time elect. Where more than one meter measures the electric service of Lessee in the buildingto Tenant, the electric service rendered through each meter may be computed and billed separately in accordance with the rates hereinabove set forth. Bills therefore for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such times time as Lessor Landlord may elect and the amount, as computed from a the meter, together with the Overhead Charge, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Lessor may, without further notice, discontinue the service of electric current to the demised premises without releasing Lessee from any liability under this lease and without Lessor or Lessor's agent incurring any liability for any damage or loss sustained by Lessee by such discontinuance of service. If any tax is imposed upon Lessor's receipt from the sale or resale of electrical energy or gas or telephone service to Lessee by any Federal, State or Municipal Authority, Lessee covenants and agrees that where permitted by law, Lessee's pro rata share of such taxes shall be passed on to, and included in the bill xx, and paid by, Lessee to LessorElectricity Additional Rent.
Appears in 1 contract
Samples: Office Lease (PLD Telekom Inc)