Common use of Submetering Clause in Contracts

Submetering. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord but not less than those specified in the service classification in effect on January 1, 1970 pursuant to which 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 Landlord for electricity for the entire building, (a) by reason of changes in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any changes in Landlord'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 Landlord's electricity purchases, or on Landlord's electricity redistribution, or (d) by virtue of any other cause subsequent to January 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 Landlord'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 Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefor shall be rendered at such times as 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 ten (10) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by Tenant by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale or resale of electrical energy or gas or telephone service to Tenant by any Federal, State or Municipal Authority, Tenant covenants and agrees that where permitted by law, Tenant's pro rata (based on consumption or estimated consumption) share of such taxes shall be passed on to, and included in the bxxx of, and paid by, Tenant to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Omagine, Inc.)

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Submetering. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord but not less more than those specified in the service classification in effect on January 1, 1970 pursuant to which 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 or decreased in the same percentage as any percentage increase or decrease in the billing to Landlord for electricity for the entire building, (a) by reason of changes increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any changes increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, or (b) by changes in fuel adjustmentadjustments, or (c) by changes in the amount of taxes or charges of any kind imposed or which may be imposed on Landlord's electricity purchases, purchases or on Landlord's electricity redistribution, or (d) by virtue of for any other cause such reason, subsequent to January 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 billedsaid date. Any such percentage increase or decrease in Landlord's billing for electricity due to changes in rates or rates, service classifications classifications, or market prices 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 Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates hereinherein specified. Bills therefor therefore shall be rendered at such times as 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 ten five (105) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by Tenant lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale sale, resale or resale redistribution of electrical energy electricity or gas or telephone service to Tenant by any Federal, State State, or Municipal Authorityauthority, Tenant covenants and agrees that where permitted by law, Tenant's pro pro-rata (based on consumption or estimated consumption) share of such taxes shall be passed on to, to and included in the bxxx of, xxxx of and paid by, Tenant to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Doubleclick Inc)

Submetering. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord but not less more than those specified in the service classification in effect on January 1, 1970 pursuant to which 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 or decreased in the same percentage as any percentage increase or decrease in the billing to Landlord for electricity for the entire building, (a) by reason of changes increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any changes increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, or (b) by changes in fuel adjustmentadjustments, or (c) by changes in the amount of taxes or charges of any kind imposed or which may be imposed on Landlord's electricity purchases, purchases or on Landlord's electricity redistribution, or (d) by virtue of for any other cause such reason, subsequent to January 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 billedsaid date. Any such percentage increase or decrease in Landlord's billing for electricity due to changes in rates or rates, service classifications classifications, or market prices 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 Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates hereinherein specified. Bills therefor therefore shall be rendered at such times as 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 ten five (105) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by Tenant lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale sale, resale or resale redistribution of electrical energy electricity or gas or telephone service to Tenant by any Federal, State State, or Municipal Authorityauthority, Tenant covenants and agrees that where permitted by law, Tenant's pro pro-rata (based on consumption or estimated consumption) share of such taxes shall be passed on to, to and included in the bxxx bill of, and paid by, Tenant to Landlord.

Appears in 1 contract

Samples: Lease (Active Apparel Group Inc)

Submetering. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord but not less more than those specified in the service classification in effect on January 1, 1970 pursuant to which 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 or decreased in the same percentage as any percentage increase or decrease in the billing to Landlord for electricity for the entire building, (a) by reason of changes increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any changes increase in Landlord's electric charges, charge 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 Landlord's electricity purchases, purchases or on Landlord's electricity redistribution, or (d) by virtue of any other cause such reason, subsequent to January 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 billedsaid date. Any such percentage increase or decrease in Landlord's billing for electricity due to changes in rates or rates, service classifications classifications, or market prices 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 Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates hereinherein specified. Bills therefor therefore shall be rendered at such times as 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 ten five (105) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by Tenant lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale sale, resale or resale redistribution of electrical energy electricity or gas or telephone service to Tenant by any Federal, State State, or Municipal Authorityauthority, Tenant covenants and agrees that where permitted by law, Tenant's pro pro-rata (based on consumption or estimated consumption) share of such taxes shall be passed on to, to and included in the bxxx xxxx of, and paid by, Tenant to Landlord.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (G Iii Apparel Group LTD /De/)

Submetering. If and so long as Landlord Lessor provides electricity to the demised premises on a submetering basis, Tenant Lessee covenants and agrees to purchase the same from Landlord Lessor or LandlordLessor's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord Lessor but not less more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord 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 or decreased in the same percentage as any percentage increase or decrease in the billing to Landlord Lessor for electricity for the entire building, (a) by reason of changes increase in LandlordLessor's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any changes increase in LandlordLessor'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 LandlordLessor's electricity purchases, or on Landlord's electricity redistribution, or (d) by virtue of for any other cause such reason, subsequent to January 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 billedsaid date. Any such percentage increase or decrease in LandlordLessor'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 Tenant Lessee in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefor therefore shall be rendered at such times as Landlord 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 ten five (105) days after the same are rendered, Landlord Lessor may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant Lessee from any liability under this lease and without Landlord Lessor or LandlordLessor's agent incurring any liability for any damage or loss sustained by Tenant Lessee by such discontinuance of service. If any tax is imposed upon LandlordLessor's receipt from the sale or resale of electrical energy or gas or telephone service to Tenant Lessee by any Federal, State or Municipal Authority, Tenant Lessee covenants and agrees that where permitted by law, TenantLessee's pro rata (based on consumption or estimated consumption) share of such taxes shall be passed on to, and included in the bxxx ofbill xx, and paid by, Tenant Lessee to LandlordLessor.

Appears in 1 contract

Samples: Lease Agreement (Fundex Games LTD)

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Submetering. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord but not less than those specified in the service classification in effect on January 1, 1970 the date of this lease pursuant to which 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 Landlord for electricity for the entire building, (a) by reason of changes increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any changes increase in Landlord'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 Landlord's electricity purchases, or on Landlord's electricity redistribution, or (d) by virtue of any other cause subsequent to January 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. billed Any such percentage increase or decrease in Landlord'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 Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefor shall be rendered at such times as 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 ten five (105) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by Tenant by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale or resale of electrical energy or gas or telephone service to Tenant by any Federal, State or Municipal Authority, Tenant covenants and agrees that where permitted by law, Tenant's pro rata (based on consumption or estimated consumption) share of such taxes shall be passed on to, and included in the bxxx ofxxxx o1, and paid by, Tenant to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Everlast Worldwide Inc)

Submetering. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord but not less more than those specified in the service classification in effect on January 1, 1970 pursuant to which 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 or decreased in the same percentage as any percentage increase or decrease in the billing to Landlord for electricity for the entire building, (a) by reason of changes increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any changes increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, or (b) by changes providers in fuel adjustment, adjustments or (c) by changes in the amount of taxes or charges of any kind imposed on Landlord electricity purchases or which may be imposed on Landlord's electricity purchases, or on Landlord's electricity redistribution, or (d) by virtue of for any other cause such reason, subsequent to January 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 billedsaid date. Any such percentage increase or decrease in Landlord's billing for electricity due to changes in rates or rates, service classifications classifications, or market prices 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 Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates hereinherein specified. Bills therefor therefore shall be rendered at such times as 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 ten five (105) days after the same are rendered, Landlord may, without further notice, discontinue the service Service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by Tenant lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale sale, resale or resale redistribution of electrical energy electricity or gas or telephone service to Tenant by any Federal. State, State or Municipal Authorityauthority, Tenant covenants and agrees that where permitted by law, Tenant's pro pro-rata (based on consumption or estimated consumption) share of such taxes shall be passed on to, to and included in the bxxx xxxx of, . and paid by, . Tenant to Landlord.

Appears in 1 contract

Samples: Lease Agreement (Iamg Holdings Inc)

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