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 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 however, said charges shall e increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, 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 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 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 herein specified. Bills 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 five (5) 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 lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity 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 share of such taxes shall be passed on to and included in the bill of, and paid by, Tenant to Landlord.

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 more 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 provided, however, said charges shall e 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 increase changes in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase 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 adjustmentsadjustment, 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 for (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 Landlord's billing for electricity due to changes in rates, rates or 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 herein specifiedherein. Bills therefore 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 five ten (510) 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 lessee Tenant by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, sale or resale or redistribution of electricity electrical energy 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 bill b▇▇▇ of, and paid by, Tenant to Landlord.

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 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 however, said charges shall e be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, charge including changes in market prices for electricity from utilities and/or other providers, in fuel adjustmentsadjustment, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for by any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, 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, 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 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 herein specified. Bills 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 five (5) 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 lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity 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 share of such taxes shall be passed on to and included in the bill ▇▇▇▇ of, and paid by, Tenant to Landlord.

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 more 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 provided, however, said charges shall e be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, (a) by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in or (b) by fuel adjustmentsadjustment, or (c) by 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 for (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 Landlord's billing for electricity due to changes in rates, rates or 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 herein specifiedherein. Bills therefore 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 five (5) 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 lessee Tenant by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, sale or resale or redistribution of electricity electrical energy 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 bill of▇▇▇▇ o1, and paid by, Tenant to Landlord.

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 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 provided, however, said charges shall e be increased in the same percentage as any percentage increase in the billing to Landlord Lessor for electricity for the entire building, by reason of increase in LandlordLessor's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in LandlordLessor's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustmentsadjustment, or by taxes or charges of any kind imposed on LandlordLessor's electricity purchases or redistributionpurchases, or for any other such reason, subsequent to said date. Any such percentage increase in LandlordLessor's billing for electricity due to changes in rates, rates or service classifications, or market prices, 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, 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 Lessee in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specifiedherein. Bills 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 five (5) 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 lessee Lessee by such discontinuance of service. If any tax is imposed upon LandlordLessor's receipt from the sale, sale or resale or redistribution of electricity electrical energy or gas or telephone service to Tenant Lessee by any Federal, State, State or Municipal authorityAuthority, Tenant Lessee covenants and agrees that where permitted by law, TenantLessee's pro-pro rata share of such taxes shall be passed on to to, and included in the bill of▇▇, and paid by, Tenant Lessee to LandlordLessor.

Submetering. If and so long as Using the method of supplying electricity described in this SUBSECTION 49.2.1, Landlord provides shall furnish electricity to the demised premises on a submetering basis, submetered basis and Tenant covenants and agrees to purchase the same from Landlord or Landlord, 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 Landlord 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 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; provided howeverAlternate Supplier, said together 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, such charges shall e be increased in the same percentage as any percentage increase in the billing to Landlord for electricity electricity, for the entire buildingBuilding, by reason of increase in Landlord's electric rates rates, charges, fuel adjustment or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistributionthereon, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, 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 change, other 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 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, so as to reflect the different seasons; months and that same consumption, so projected projected, shall be applied to the service classification and rate then in effect on January 1or the rate charged by the Alternate Supplier, 1970if any. Where more than one meter measures the service of Tenant in the buildingBuilding, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specifiedprovisions hereof. Bills 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 If such bills are not paid within five ten (510) days after the same are rendereddays, 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 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 Landlord's receipt from the sale, resale or redistribution of time any submeter(s) which measure electricity or gas or telephone service to be paid by Tenant by any Federal, Statehereunder shall not be properly functioning, or Municipal authorityshall not yet have been installed, then for such period Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of shall pay for such taxes shall be passed electricity service on to and included a rent inclusion basis as provided in the bill of, and paid by, Tenant to LandlordSUBSECTION 49.2.2.

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 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 however, said charges shall e be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, 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, 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 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 herein specified. Bills 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 five (5) 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 lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity 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 share of such taxes shall be passed on to and included in the bill of, ▇▇▇▇ of and paid by, Tenant to Landlord.

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 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 however, . said charges shall e be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, providers in fuel adjustments, adjustments or by taxes or charges of any kind imposed on Landlord's Landlord electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, 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, 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 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 consumptionconsumption so projected, 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 herein specified. Bills 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 five (5) 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 lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity 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 share of such taxes shall be passed on to and included in the bill ▇▇▇▇ of, . and paid by, . Tenant to Landlord.