Common use of Submetering Clause in Contracts

Submetering. Landlord shall have the continuing right, upon 30 days written notice, to install a submeter for the Premises at Tenant’s expense, but such expense shall only be charged to Tenant if Landlord is installing submeters for all or substantially all tenants or has a reasonable belief that Tenant’s electrical consumption is above building standard. If submetering is installed for the Premises, Landlord may charge for Tenant’s actual electrical consumption monthly in arrears for the kilowatt hours used, a rate per kilowatt hour equal to that charged to Landlord by the provider of electrical service to the Building during the same period of time along with any other out-of-pocket related costs paid by Landlord for such electrical consumption, except as to electricity directly purchased by Tenant from third party providers after obtaining Landlord’s consent to the same. In the event Landlord is unable to determine the exact kilowatt hourly charge during the period of time, Landlord shall use the average kilowatt hourly charge to the Building for the first billing cycle ending after the period of time in question. Even if the Premises are submetered, Tenant shall remain obligated to pay Tenant’s Pro Rata Share of the cost of electrical services as provided in Section 4.B, except that Tenant shall be entitled to a credit against electrical services costs equal to that portion of the amounts actually paid by Tenant separately and directly to Landlord which are attributable to building standard electrical services submetered to the Premises.

Submetering. Landlord shall have the continuing right, upon 30 days written notice, to install a submeter for the Premises at Tenant’s expense, but such expense shall only be charged to Tenant if Landlord is installing submeters for all or substantially all tenants or has a reasonable belief that Tenant’s electrical consumption is above building standard. Concurrently with Landlord’s approval of the Approved Construction Documents and concurrently with Landlord’s approval of any plans for Alterations which include electrical design, Landlord shall advise Tenant as to whether or not the Landlord Work to be constructed in the Premises pursuant to the Work Letter or any alteration proposed by Tenant would be likely to result in above-standard electrical consumption. If submetering is installed for the Premises, Landlord may charge for Tenant’s actual electrical consumption monthly in arrears for the kilowatt hours used, a rate per kilowatt hour equal to that charged to Landlord by the provider of electrical service to the Building during the same period of time along with any other out-of-pocket related costs paid by Landlord for such electrical consumptiontime, except as to electricity directly purchased by Tenant from third third-party providers after obtaining Landlord’s consent to the same. In the event Landlord is unable to determine the exact kilowatt hourly charge during the period of time, Landlord shall use the average kilowatt hourly charge to the Building for the first billing cycle ending after the period of time in question. Even if the Premises are submetered, Tenant shall remain obligated to pay Tenant’s Pro Rata Share of the cost of electrical services as provided in Section 4.B, except that Tenant shall be entitled to a credit against electrical services costs equal to that portion of the amounts actually paid by Tenant separately and directly to Landlord which are attributable to building standard electrical services submetered to the Premises.

Submetering. Landlord shall have the continuing right, upon 30 days written notice, to install a submeter for the Premises at Tenant’s expense, but such expense shall only be charged to Tenant if Landlord is installing submeters for all or substantially all tenants or has a reasonable belief that Tenant’s electrical consumption is above building standard. If submetering is is-installed for the Premises, Landlord may charge for Tenant’s actual electrical consumption monthly in arrears for the kilowatt hours used, a rate per kilowatt hour equal to that charged to Landlord by the provider of electrical service to the Building during the same period of time along with any other out-of-pocket related costs paid (plus, to the fullest extent permitted by Landlord for applicable Laws, an administrative fee equal to 8% of such electrical consumptioncharge), except as to electricity directly purchased by Tenant from third party providers after obtaining Landlord’s consent to the same. In the event Landlord is unable to determine the exact kilowatt hourly charge during the period of time, Landlord shall use the average kilowatt hourly charge to the Building for the first billing cycle ending after the period of time in question. Even if the Premises are submetered, Tenant shall remain obligated to pay Tenant’s Pro Rata Share of the cost of electrical services as provided in Section 4.B4.D(10), except that Tenant shall be entitled to a credit against electrical services costs equal to that portion of the amounts actually paid by Tenant separately and directly to Landlord which are attributable to building standard electrical services submetered to the Premises.

Submetering. Landlord shall have the continuing right, upon 30 days written notice, to install a an electrical consumption submeter for the Premises at Tenant’s expense, but such expense installation shall only be charged to Tenant occur if Landlord is installing submeters for all or substantially all tenants or has a reasonable belief (based upon a survey performed pursuant to Section 8.A) that Tenant’s electrical consumption is above building standardhas increased by more than ten percent (10%) over Tenant’s electrical consumption during the Base Year. If submetering is installed for the Premises, as allowed herein, Landlord may charge for Tenant’s actual electrical consumption monthly in arrears for the kilowatt hours used, a rate per kilowatt hour equal to that charged to Landlord by the provider of electrical service to the Building during the same period of time along with any other out-of-pocket related costs paid by Landlord for such electrical consumptionconsumption (but not to the extent such other out of pocket related costs are included in Operating Expenses or in the costs payable by Tenant under Section 4.H), except as to electricity directly purchased by Tenant from third party providers after obtaining Landlord’s consent to the samesame (such consent not to be unreasonably withheld). In the event Landlord is unable to determine the exact kilowatt hourly charge during the period of time, Landlord shall use the average kilowatt hourly charge to the Building for the first billing cycle ending after the period of time in question. Even if the Premises are submetered, Tenant shall remain obligated to pay Tenant’s Pro Rata Share of the cost of electrical services as provided in Section 4.B4.H, except that Tenant shall be entitled to a credit against electrical services costs equal to that portion of the amounts actually paid by Tenant separately and directly to Landlord which are attributable to building standard electrical services submetered to the Premises.

Submetering. Landlord shall have the option to require that any high electrical consumption equipment installed and operated in the Premises (including, without limitation, supplemental HVAC units) be submetered, with the cost of installation of such submeter(s) to be at Tenant’s expense (which may be included in the Budgeted Amount pursuant to the Work Letter if the installation of such submeter occurs during the initial construction of leasehold improvements hereunder). Additionally, Landlord shall have the continuing right, upon 30 days written notice, to install a submeter for the Premises at TenantLandlord’s expense, but such expense shall only be charged to Tenant if Landlord is installing submeters for all or substantially all tenants or has a reasonable belief that Tenant’s electrical consumption is above building standard. If submetering is installed for the PremisesPremises or any high electrical consumption equipment installed and operated therein, Landlord may charge for Tenant’s actual electrical consumption monthly in arrears for the kilowatt hours used, a rate per kilowatt hour equal to that charged to Landlord by the provider of electrical service to the Building during the same period of time along with any other out-of-pocket related costs paid (plus, to the fullest extent permitted by Landlord for applicable Laws, an administrative fee equal to 15% of such electrical consumptioncharge), except (i) if Landlord is submetering all or substantially all of the tenants in the Building then no administrative fee shall be charged and (ii) as to electricity directly purchased by Tenant from third party providers after obtaining Landlord’s consent to the same. In the event Landlord is unable to determine the exact kilowatt hourly charge during the period of time, Landlord shall use the average kilowatt hourly charge to the Building for the first billing cycle ending after the period of time in question. Even if the Premises are submetered, Tenant shall remain obligated to pay Tenant’s Pro Rata Share of the cost of electrical services as provided in Section 4.B, except that Tenant shall be entitled to a credit against electrical services costs equal to that portion of the amounts actually paid by Tenant separately and directly to Landlord which are attributable to building standard electrical services submetered to the Premises.

Submetering. Landlord shall have the continuing right, upon 30 days written notice, to install a submeter for the Premises at Tenant’s 's expense, but such expense shall only be charged to Tenant if Landlord is installing submeters for all or substantially all tenants or has a reasonable belief that Tenant’s 's electrical consumption is above building standard. If submetering is installed for the Premises, Landlord may charge for Tenant’s 's actual electrical consumption monthly in arrears for the kilowatt hours used, a rate per kilowatt hour equal to that charged to Landlord by the provider of electrical service to the Building during the same period of time along with any other out-of-pocket related costs paid (plus, to the fullest extent permitted by applicable Laws, an administrative fee equal to 2.5% of such charge; provided, however, if Landlord is installing submeters for all tenants of the Building and is not installing a submeter for the Premises because Landlord has a reasonable belief that Tenant's electrical consumption is above building standard, Tenant shall not be charged such electrical consumptionadministrative fee or an installation fee for Tenant's submeter), except as to electricity directly purchased by Tenant from third party providers after obtaining Landlord’s 's consent to the same. In the event Landlord is unable to determine the exact kilowatt hourly charge charged during the period of time, Landlord shall use the average kilowatt hourly charge to the Building for the first billing cycle ending after the period of time in question. Even if the Premises are submetered, Tenant shall remain obligated to pay Tenant’s 's Pro Rata Share of the cost of electrical services as provided in Section 4.B, except that Tenant shall be entitled to a credit against electrical services costs equal to that portion of the amounts actually paid by Tenant separately and directly to Landlord which are attributable to building standard electrical services submetered to the Premises.

Submetering. Landlord shall have the continuing right, upon 30 days written notice, to install a submeter for the Premises at Tenant’s expenseexpense if Tenant installs in the Premises any electrical equipment (e.g., but such expense shall only be charged to Tenant if Landlord is installing submeters for all mainframe computers or substantially all tenants supplemental HVAC unit) using greater than single-phase electrical power or has a reasonable belief that Tenant’s electrical consumption is above building standardexceeding the parameters of Building Standard Electrical Service. If submetering is installed for the Premisessuch equipment hereunder, Landlord may charge for Tenant’s actual electrical consumption monthly in arrears for the kilowatt hours used, a rate per kilowatt hour equal to that charged to Landlord by the provider of electrical service to the Building during the same period of time along with any other out-of-pocket related costs paid (plus, to the fullest extent permitted by Landlord for applicable Laws, an administrative fee equal to 10% of such electrical consumptioncharge), except as to electricity directly purchased by Tenant from third party providers after obtaining Landlord’s consent to the same. In the event Landlord is unable to determine the exact kilowatt hourly charge during the period of time, Landlord shall use the average kilowatt hourly charge to the Building for the first billing cycle ending after the period of time in question. Even if such equipment in the Premises are submeteredis submetered pursuant hereto, Tenant shall remain obligated to pay Tenant’s Pro Rata Share of the cost of electrical services as provided in Section 4.B, except that Tenant shall be entitled to a credit against electrical services costs equal to that portion of the amounts actually paid by Tenant separately and directly to Landlord which are attributable to building standard electrical services submetered to the Premises.