Common use of Tenant’s Share of Building Electricity Clause in Contracts

Tenant’s Share of Building Electricity. Tenant shall pay, as additional rent, Tenant’s Proportionate Share of all electricity consumed in connection with the operation of the common areas and all HVAC systems in the Building (excluding after hours HVAC service) (“Building Electricity”), such amount to be referred to as “Tenant’s Proportionate Share of Building Electricity”. Landlord shall invoice Tenant for Tenant’s Proportionate Share of Building Electricity by either (i) reflecting such amount in Tenant’s electric xxxx described in Paragraph 5.1(a) above, or (ii) billing an estimated amount on a monthly basis and reconciling such amount to the final cost at the end of each year. In the event that Landlord elects to invoice Tenant by the latter method [i.e., method (ii)], Landlord shall furnish to Tenant, on or before December 31 of each calendar year during the term hereof, a statement for the next succeeding calendar year setting forth the estimated amount of Tenant’s Proportionate Share of Building Electricity. On the first day of the new calendar year and each succeeding month, Tenant shall pay to Landlord one-twelfth (1/12) of the estimated amount of Tenant’s Proportionate Share of Building Electricity. On or before April 30 of the following calendar year, Landlord shall determine the final amount of Tenant’s Proportionate Share of Building Electricity and shall furnish to Tenant a statement of such amount. If the final amount is more than the estimated amount, Tenant shall pay the difference to Landlord on the first day of the first month (but in no event sooner than ten (10) days) following delivery of such statement to Tenant. If the final amount is less than the estimated amount, Landlord shall credit Tenant the difference against the next payment of minimum rent due by Tenant hereunder, except that with respect to the last year of the Lease, if an Event of Default does not then exist, Landlord shall refund Tenant the amount of such difference within thirty (30) days after Landlord provides the statement to Tenant. In no event, however, shall Tenant be entitled to receive a credit or refund greater than the estimated payments made by Tenant.

Tenant’s Share of Building Electricity. Tenant shall pay, as additional rentAdditional Rent, TenantXxxxxx’s Proportionate Share of all electricity consumed in connection with the operation of the Building, including the common areas and all HVAC systems (excluding sub-metered electric use billed directly to the Tenant or directly to other tenants) in the Building (excluding after hours HVAC service) (“Building Electricity”), such amount to be referred to as “Tenant’s Proportionate Share of Building Electricity”. In determining Building Electricity for any year, if less than 100% of the rentable square feet of the Building shall have been occupied by tenants at any time during such year, Building Electricity shall be deemed (or grossed up) for such year to be an amount equal to the like expenses which Landlord reasonably determines would normally be incurred had such occupancy been 100% throughout such year. Landlord shall invoice Tenant for Tenant’s Proportionate Share of Building Electricity by either (i) reflecting such amount in Tenant’s electric xxxx bill described in Paragraph 5.1(a5.1(i) above, or (ii) billing an estimated amount on a monthly basis and reconciling such amount to the final cost at the end of each year. In the event that Landlord elects to invoice Tenant by the latter method [i.e., method (ii)], Landlord shall furnish to Tenant, on or before December 31 of each calendar year during the term hereof, a statement for the next succeeding calendar year setting forth the estimated amount of Tenant’s Proportionate Share of Building Electricity. On the first day of the new calendar year and each succeeding month, Tenant shall pay to Landlord one-twelfth (1/12) of the estimated amount of Tenant’s Proportionate Share of Building Electricity. On or before April 30 of the following calendar year, Landlord shall determine the final amount of Tenant’s Proportionate Share of Building Electricity and shall furnish to Tenant a statement of such amount. If the final amount is more than the estimated amount, Tenant shall pay the difference to Landlord on the first day of the first month (but in no event sooner than ten twenty (1020) days) following delivery of such statement to Tenant. If the final amount is less than the estimated amount, Landlord shall credit Tenant the difference against the next payment of minimum rent due by Tenant hereunder, except that with respect to the last year of the Lease, if an Event of Default does has not then existoccurred, Landlord shall refund Tenant the amount of such difference within thirty (30) days after Landlord provides the statement to Tenant. In no event, however, shall Tenant be entitled to receive a credit or refund greater than the estimated payments made by Tenant.

Tenant’s Share of Building Electricity. Tenant shall pay, as additional rentAdditional Rent, TenantXxxxxx’s Proportionate Share of all electricity consumed in connection with the operation of the Building, including the common areas and all HVAC systems (excluding sub- metered electric use billed directly to the Tenant or directly to other tenants) in the Building (excluding after hours HVAC service) (“Building Electricity”), such amount to be referred to as “Tenant’s Proportionate Share of Building Electricity”. In determining Building Electricity for any year, if less than 100% of the rentable square feet of the Building shall have been occupied by tenants at any time during such year, Building Electricity shall be deemed (or grossed up) for such year to be an amount equal to the like expenses which Landlord reasonably determines would normally be incurred had such occupancy been 100% throughout such year. Landlord shall invoice Tenant for Tenant’s Proportionate Share of Building Electricity by either (i) reflecting such amount in Tenant’s electric xxxx bill described in Paragraph 5.1(a5.1(i) above, or (ii) billing an estimated amount on a monthly basis and reconciling such amount to the final cost at the end of each year. In the event that Landlord elects to invoice Tenant by the latter method [i.e., method (ii)], Landlord shall furnish to Tenant, on or before December 31 of each calendar year during the term hereof, a statement for the next succeeding calendar year setting forth the estimated amount of Tenant’s Proportionate Share of Building Electricity. On the first day of the new calendar year and each succeeding month, Tenant shall pay to Landlord one-twelfth (1/12) of the estimated amount of Tenant’s Proportionate Share of Building Electricity. On or before April 30 of the following calendar year, Landlord shall determine the final amount of Tenant’s Proportionate Share of Building Electricity and shall furnish to Tenant a statement of such amount. If the final amount is more than the estimated amount, Tenant shall pay the difference to Landlord on the first day of the first month (but in no event sooner than ten twenty (1020) days) following delivery of such statement to Tenant. If the final amount is less than the estimated amount, Landlord shall credit Tenant the difference against the next payment of minimum rent due by Tenant hereunder, except that with respect to the last year of the Lease, if an Event of Default does has not then existoccurred, Landlord shall refund Tenant the amount of such difference within thirty (30) days after Landlord provides the statement to Tenant. In no event, however, shall Tenant be entitled to receive a credit or refund greater than the estimated payments made by Tenant.