Common use of Submetering Clause in Contracts

Submetering. Landlord shall, at Tenant's sole cost and expense, install a meter or meters (collectively the "Submeter") at a location designated by Landlord. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas to service Tenant's equipment and the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Building, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such service, the amounts, as determined by the Submeter for the purpose of measuring Tenant's consumption and demand. Such service shall be computed at Landlord's Cost, plus a fee (the "Overhead Charge") equal to twelve (12%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge are herein collectively called the "Electricity Additional Rent". Landlord may from time to time increase the Electricity Additional Rent based upon any increase in Landlord's Cost. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premises), the electric service rendered through each meter may be computed and billed separately as above set forth. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect. In the event that such Bills are not paid within thirty (30) days after the same are rendered, Landlord may upon ten (10) days additional notice and Tenant's failure to pay the Bills within said ten (10) day period, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the xxxx of, and paid by Tenant to Landlord as additional rent.

Submetering. Landlord shall, at Tenant's sole cost and expense, shall install a meter or meters (collectively collectively, the "Submeter") at a location or locations designated by Landlord, the cost of which shall be shared equally by Landlord and Tenant. The cost of the Submeter shall be the actual out-of-pocket cost therefor, evidenced by a photocopy of the xxxx therefor delivered to Tenant upon request, not to exceed the building standard charge therefor which is $5,000 per submeter. Tenants portion of such cost shall be paid to Landlord within fifteen (15) days following demand therefor. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas demised premises to service Tenant's office equipment and the machinery and mechanical equipment for supplemental air conditioning units and other appurtenant equipment contained therein or elsewhere in the Buildingutilized by Tenant, if any, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such service, the amounts, as determined by the Submeter Submeter, for the purpose of measuring Tenant's consumption and demand. Such service In the event said air conditioning units are used by other tenants of the building, the electric charges for such units shall be allocated by Landlord proportionately, on the basis of the respective amount of rentable square feet occupied by such tenants, including Tenant. The additional rent payable by Tenant pursuant to this subdivision 1, shall be computed at Landlord's in the same manner as that for computation of Landlord Cost, as applied to the demised premises, plus a fee (the "Overhead Charge") equal to twelve six (126%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge Charge, are herein collectively called the "Electricity Additional Rent", and such amounts computed from the Submeter shall be binding and conclusive on Tenant. If the Submeter should fail to properly register or operate at any time during the term of this lease for any reason whatsoever, Landlord may reasonably estimate the Electricity Additional Rent (on the basis of Tenant's prior consumption, if such information is available for at least one (1) year), and when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Tenant paying any deficiency to Landlord within fifteen (15) days after demand therefor, or by Landlord crediting Tenant with the amount of any overpayment, as the case may be. Landlord, at its option, may from time to time time, increase the Electricity Additional Rent based upon any an increase in Landlord's Cost. The periods to be used for the aforesaid computation shall be reasonably selected by Landlord to approximate Tenant's actual usage. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premisesdemised premises), the electric service rendered through each meter may shall be computed and billed separately as above set forthcumulatively. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect, but not more frequently than monthly. The xxxx rendered by the Utility for such period will be made available for review by Tenant in Landlords' offices during business hours, upon request to Landlord. Landlord and Tenant agree, that the Submeter might be installed subsequent to the date (the "Initial Occupancy Date") that Tenant, or anyone (including, without limitation, any contractors or other workmen) claiming under or through Tenant first enters the demised premises. In such event, Landlord shall reasonably estimate the event that such Bills are not paid Electricity Additional Rent payable by Tenant for the period prior to the installation of the Submeter, which estimate may be based upon a later reading of the Submeter during the initial construction period, and Tenant shall pay to Landlord, within thirty fifteen (3015) days after demand therefor, the same are renderedamount set forth on Landlord's estimate and, Landlord may upon ten (10) days additional notice and Tenantafter rendition of a subsequent Landlord's failure to pay the Bills within said ten (10) day periodStatement, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability an appropriate reconciliation shall be made for any damage deficiency owed by Tenant, or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the xxxx of, and overage paid by Tenant to Landlord as additional rentTenant.

Submetering. Landlord shall, at Tenant's sole cost and expenseexpense pursuant to Article 52, install and maintain a meter or meters (collectively collectively, the "Submeter") at a location designated by LandlordLandlord to measure Tenant's consumption of electricity in the Demised Premises only. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas to service Tenant's equipment and the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Building, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such service, the amounts, amounts applying to Tenant's measured electrical demand and consumption (as determined by the Submeter for the purpose of measuring Tenant's consumption and demand. Such service shall be computed at such Submeter) Landlord's Cost, plus a fee (the "Overhead Charge") equal to twelve nine (129%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge are herein collectively called the "Electricity Additional Rent". Landlord may from time to time time, increase the Electricity Additional Rent based upon any increase in Landlord's Cost. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premises), the electric service rendered through each meter may be computed and billed separately as above set forth. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect. In the event that such Bills are not paid within thirty (30) days after the same are rendered, Landlord may upon ten may, after an additional thirty (1030) days additional written notice and Tenant's failure to pay the Bills cure such default within said ten such aggregate sixty (1060) day period, discontinue the service of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the xxxx of, and paid by Tenant to Landlord as additional rent.

Submetering. Landlord shall, at TenantLandlord's sole cost and expenseexpense (to the ----------- extent not already in place, install a meter or meters (collectively collectively, the "Submeter") )), at a location designated by Landlord, connections from the risers and/or circuits servicing the Demised Premises to the Submeter and perform all other work necessary for the furnishing of electric current by Landlord to the Demised Premises in the manner provided for in this subdivision. If and so long as electric current is supplied by Landlord to the Demised Premises or other Tenant controlled areas to service Tenant's office equipment and the machinery and mechanical equipment for the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Buildingutilized by Tenant, if any, Tenant will pay Landlord or Landlord's designated agent, as additional rent for such service, the amounts, as determined by the Submeter Submeter, for the purpose of measuring Tenant's consumption and demand. Such service In the event said air conditioning units are used by other tenants of the building, the electric charges for such units shall be allocated by Landlord proportionately, on the basis of the respective amount of rentable square feet occupied by such tenants, including Tenant. Tenant shall not be charged for electric charges for such units during times in which other tenants have requested air-conditioning on weekends and outside regular business hours. The additional rent payable by Tenant pursuant to this subdivision 1, shall be computed at Landlord's in the same manner as that for computation of Landlord Cost, as applied to the Demised Premises, plus a fee (the "Overhead Charge") equal to twelve six percent (126%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge Charge, are herein collectively called the "Electricity Additional Rent", and such amounts computed from the Submeter shall be binding and conclusive on Tenant. If the Submeter should fail to properly register or operate at any time during the term of this lease for any reason whatsoever, Landlord may estimate the Electricity Additional Rent, and when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Tenant paying any deficiency to Landlord within ten (10) days after demand therefor, or by Landlord crediting Tenant with the amount of any overpayment, as the case may be. Landlord, at its option, may from time to time time, increase the Electricity Additional Rent based upon upon, among other things, any increase in Landlord's Cost. The periods to be used for the aforesaid computation shall be as Landlord, in its sole discretion, may from time to time elect. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premises), the electric service rendered through each meter may be computed and billed at Landlord's option, separately as above set forth, or cumulatively. Bills for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such time as Landlord may elect. Landlord and Tenant agree, that the Submeter might be installed subsequent to the date (the "Initial Occupancy Date") that Tenant, or anyone (including, without limitation, any contractors or other workmen) claiming under or through Tenant first enters the Demised Premises. In such event, Landlord, at Landlord's sole option, may either (x) estimate the event that such Bills are not paid Electricity Additional Rent payable by Tenant for the period commencing on the Initial Occupancy Date and ending on the Occupancy Reading Date (hereinafter defined), and Tenant shall pay to Landlord, within thirty (30) days after the same are rendered, Landlord may upon ten (10) days additional notice after demand therefor, the amount set forth on Landlord's estimate and, after rendition of a subsequent Landlord's Statement, an appropriate reconciliation shall be made for any deficiency owed by Tenant, or any overage paid by Tenant or (y) render a Landlord's Statement to Tenant, after a reading of the installed Submeter is made (said date upon which the Submeter is read, being herein called the "Occupancy Reading Date") on or about the date upon which Tenant shall have commenced normal business operations in the Demised Premises, and Tenant's failure the amount calculated from the Submeter on the Occupancy Reading Date shall be determined on a per them basis and then multiplied by the number of days from the Initial Occupancy Date through the Occupancy Reading Date to arrive at the amount due for said period, and Tenant shall pay the Bills Electricity Additional Rent on the basis of such Submeter reading within said ten (10) day period, discontinue the service days after rendition of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of Landlord's Statement detailing such discontinuancecomputation. If any tax, exclusive of federal, state or city income tax payable by Landlord, is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federalfederal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage Proportionate Share (as said term is defined in Article 12 hereof of such taxes shall be passed on to, and included in the xxxx of, and paid by Tenant to Landlord as additional rent. In the event the Submeter ceases to operate properly, Landlord shall cause such Submeter to be repaired within a reasonable time after receiving written notice from Tenant that such Submeter is inoperative.

Submetering. Landlord shallOwner may, at Tenant's sole reasonable cost and expense, install a meter or meters (collectively collectively, the "Submeter") ), at a location designated by LandlordOwner, connections from the risers and/or circuits servicing the demised premises to the Submeter and perform all other work necessary for the furnishing of electric current by Owner to the demised premises in the manner provided for in this subdivision (1). If and so long as electric current is supplied by Landlord Owner to the Demised Premises or other Tenant controlled areas demised premises to service Tenant's office equipment and the machinery and mechanical equipment for the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Buildingutilized by Tenant, if any, Tenant will pay Landlord Owner or LandlordOwner's designated agent, as additional rent for such service, the amounts, as determined by the Submeter Submeter, for the purpose of measuring Tenant's consumption and demand. Such service In the event said air conditioning units are used by other tenants of the Building, the electric charges for such units shall be allocated by Owner proportionately, on the basis of the respective amount of rentable square feet occupied by such tenants, including Tenant. The additional rent payable by Tenant pursuant to this subdivision (1), shall be computed at Landlordin the same manner as that for computation of Owner's Cost, as applied to the demised premises, plus a fee (the "Overhead Charge") equal to twelve (12%) percent of such charge to LandlordOwner, representing administrative/overhead costs to LandlordOwner. The amounts computed from the Submeter together with the Overhead Charge Charge, are herein collectively called the "Electricity Additional Rent", and such amounts computed from the Submeter shall be binding and conclusive on Tenant. Landlord If the Submeter should fail to properly register or operate at any time during the term of this lease for any reason whatsoever, Owner may estimate the Electricity Additional Rent, and when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Tenant paying any deficiency to Owner within ten (10) days after demand therefor, or by Owner crediting Tenant with the amount of any overpayment, as the case may be. Owner, at its option, may from time to time time, increase the Electricity Additional Rent based upon upon, among other things, any increase in LandlordOwner's Cost. The periods to be used for the aforesaid computation shall be as Owner, in its sole discretion, reasonably exercised, may from time to time elect. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premisesdemised premises), the electric service rendered through each meter may be computed and billed at Owner's option, separately as above set forth, or cumulatively. Bills for the Electricity Additional Rent (the "Bills") ), shall be rendered to Tenant at such time as Landlord Owner may elect. Owner and Tenant agree, that the Submeter might be installed subsequent to the date (the "Initial Occupancy Date") that Tenant, or anyone (including, without limitation, any contractors or other workmen) claiming under or through Tenant first enters the demised premises. In such event, Owner, at Owner's sole option, may either (x) reasonably estimate the event that such Bills are not paid Electricity Additional Rent payable by Tenant for the period commencing on the Initial Occupancy Date and ending on the Occupancy Reading Date (hereinafter defined), and Tenant shall pay to Owner, within thirty (30) days after the same are rendered, Landlord may upon ten (10) days additional notice and Tenantafter demand therefor, the amount set forth on Owner's failure to pay the Bills within said ten (10) day periodestimate and, discontinue the service after rendition of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability a subsequent Owner's Statement, an appropriate reconciliation shall be made for any damage deficiency owed by Tenant, or loss sustained by Tenant as the result of such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the xxxx of, and overage paid by Tenant Tenant, or (y) render a Owner's Statement to Landlord as additional rent.Tenant, after a reading of the installed Submeter is made (said date upon which the Submeter is read, being herein called the "Occupancy Reading Date") on or about the date upon

Submetering. Landlord In the event that Owner shall furnish electricity to Tenant on a “submetering basis” Owner shall, at Tenant's Owner’s sole cost and expense, install a meter or meters (collectively collectively, the "“Submeter") ”), at a location designated by LandlordOwner, connections from the risers and/or circuits servicing the demised premises to the Submeter and perform all other work necessary for the furnishing of electric current by Owner to the demised premises in the manner provided for in this subdivision (1). If and so long as electric current is supplied by Landlord Owner to the Demised Premises or other Tenant controlled areas demised premises to service Tenant's ’s office equipment and the machinery and mechanical equipment for the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Buildingutilized by Tenant, if any, Tenant will pay Landlord Owner or Landlord's Owner’s designated agent, as additional rent for such service, the amounts, as determined by the Submeter Submeter, for the purpose of measuring Tenant's ’s consumption and demand. Such service In the event said air conditioning units are used by other tenants of the Building, the electric charges for such units shall be allocated by Owner proportionately, on the basis of the respective amount of rentable square feet occupied by such tenants, including Tenant. The additional rent payable by Tenant pursuant to this subdivision (1), shall be computed at Landlord's in the same manner as that for computation of Owner’s Cost, as applied to the demised premises, plus a fee (the "“Overhead Charge"”) equal to twelve eight (128%) percent of such charge to LandlordOwner, representing administrative/overhead costs to LandlordOwner. The amounts computed from the Submeter together with the Overhead Charge Charge, are herein collectively called the "“Electricity Additional Rent"”, and such amounts computed from the Submeter shall be binding and conclusive on Tenant absent manifest error. Landlord If the Submeter should fail to properly register or operate at any time during the term of this lease for any reason whatsoever, Owner may estimate the Electricity Additional Rent, and when the Submeter is again properly operative, an appropriate reconciliation shall be made, by Tenant paying any deficiency to Owner within ten (10) days after demand therefor, or by Owner crediting Tenant with the amount of any overpayment, as the case may be. Owner, at its option, may from time to time time, increase the Electricity Additional Rent based upon any increase in Landlord's CostOwner’s Cost (and only to the extent of such increase). The periods to be used for the aforesaid computation shall be as Owner, in its sole discretion, may from time to time elect. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of the ventilation and air conditioning equipment servicing the Demised Premisesdemised premises), the electric service rendered through each meter may be computed and billed at Owner’s option, separately as above set forth, or cumulatively. Bills for the Electricity Additional Rent (the "“Bills"”) shall be rendered to Tenant at such time as Landlord Owner may elect. Owner and Tenant agree, that the Submeter might be installed subsequent to the Commencement Date. In such event, Owner, at Owner’s sole option, may either (x) estimate the event that such Bills are not paid Electricity Additional Rent payable by Tenant for the period commencing on the Commencement Date and ending on the Occupancy Reading Date (hereinafter defined), and Tenant shall pay to Owner, within thirty (30) days after the same are rendered, Landlord may upon ten (10) days additional notice after demand therefor, the amount set forth on Owner’s estimate and, after rendition of a subsequent Owner’s Statement, an appropriate reconciliation shall be made for any deficiency owed by Tenant, or any overage paid by Tenant, or (y) render a Owner’s Statement to Tenant, after a reading of the installed Submeter is made (said date upon which the Submeter is read, being herein called the “Occupancy Reading Date”) on or about the date upon which Tenant shall have commenced normal business operations in the demised premises, and Tenant's failure the amount calculated from the Submeter on the Occupancy Reading Date shall be determined on a per diem basis and then multiplied by the number of days from the Commencement Date through the Occupancy Reading Date to arrive at the amount due for said period, and Tenant shall pay the Bills Electricity Additional Rent on the basis of such Submeter reading within said ten (10) day period, discontinue the service days after rendition of electric current to the Demised Premises without releasing Tenant from any liability under this Lease and without Landlord or Electrical Providers incurring any liability for any damage or loss sustained by Tenant as the result of Owner’s Statement detailing such discontinuance. If any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that, unless prohibited by law, Tenant's Percentage of such taxes shall be passed on to, and included in the xxxx of, and paid by Tenant to Landlord as additional rentcomputation.