Common use of Use of Electrical Services by Tenant Clause in Contracts

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. below with respect to excess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 3 contracts

Samples: Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc), Office Lease Agreement (Sandridge Energy Inc)

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Use of Electrical Services by Tenant. A. All electricity Electricity used by Tenant in the Premises shall shall, at Landlord’s option, be paid for by Tenant either: (1) through inclusion in Base Rent and Basic Costs Expenses (except as provided in Section ll.B. below with respect to X.B. for excess usage); (2) by a separate charge payable by Tenant to Landlord within 30 days after billing by Landlord; or (3) by separate charge billed by the applicable utility company and payable directly by Tenant. Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Landlord shall have the exclusive right at to select any time and from time-to-time during the Lease Term to contract for electricity company providing electrical service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the quantity or character selection of utility companies and the electric energy supplied negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the LeaseLandlord. B. Tenant’s use of electrical services furnished by Landlord service shall not exceed exceed, either in voltage, rated capacity, use beyond Normal Business Hours or overall load load, that which is Landlord deems to be standard for the Building. In the event If Tenant shall request that it be allowed requests permission to consume excess electrical services in excess of Building Standardservice, Landlord may refuse to consent to such usage or may condition consent upon such conditions as that Landlord reasonably elects (including including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and all such the additional usage (to the extent permitted by lawLaw), installation and maintenance thereof costs shall be paid for by Tenant as Additional RentTenant. Landlord, at any time during the Lease Term, Landlord shall have the right to separately meter electrical usage for the Premises or and to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriatecommonly accepted methods.

Appears in 3 contracts

Samples: Office Lease Agreement (Brightmail Inc), Office Lease Agreement (Saflink Corp), Office Lease Agreement (New Century Equity Holdings Corp)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall shall, at Landlord’s option, be paid for by Tenant through inclusion in Base Rent by (i) a separate charge or charges billed by the utility company providing electrical service and Basic Costs payable by Tenant directly to such utilities company, or (except ii) a separate charge billed directly to Tenant by Landlord and payable by Tenant as provided in Section ll.B. below with respect additional rent. Such charge shall be based upon the electric current consumed on the Premises during the Lease Term, the rates, terms and conditions for comparable service to excess usage)Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter reader. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standardstandard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units)elects, and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 2 contracts

Samples: Sublease Agreement (Voyager Learning CO), Office Lease (Proquest Co)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. XI.B. below with respect to excess usage). It is understood that electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and/or distribution services and that the cost of electricity may be billed as a single charge or divided into and billed in a variety of categories such as distribution charges, transmission charges, generation charges, public good charges or other similar categories. Landlord shall have the exclusive right at any time and from time-to-time during to select the Lease Term to contract for electricity company(ies) providing electrical service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feedersPremises and Property, risersto aggregate the electrical service for the Building, wiringPremises and Property with other buildings, to purchase electricity for the Building, Premises and any other machinery within Property through a broker and/or buyers group and to change the Premisesproviders and/or manner of purchasing electricity from time to time. Landlord shall be entitled to receive a reasonable fee (if permitted by law) for the services provided by Landlord in no way be liable or responsible connection with the selection of utility companies and the negotiation and administration of contracts for any lossthe generation of electricity. In addition, damageif Landlord bills Tenant directly for the cost of electricity as Additional Base Rental, or expense that Tenant the cost of electricity may sustain or incur include (if permitted by reason law) an administrative fee to reimburse Landlord for the cost of any changereading meters, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, preparing invoices and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Leaserelated costs. B. Tenant’s 's use of electrical services furnished by Landlord service in the Premises shall not exceed exceed, either in voltage, rated capacity, use beyond Normal Business Hours or overall load load, that which is Landlord deems to be standard for the Building. In the event Tenant shall consume (or request that it be allowed to consume consume) electrical services service in excess of Building Standardthat deemed by Landlord to be standard for the Building, Landlord may refuse to consent to such excess usage or may condition its consent to such excess usage upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional RentBase Rental. Use of electricity after Normal Business Hours is charged to Tenant, as of the date of this Lease, at $10.00 per hour (or fractional hour) of use; such charge is subject to change from time to time to reflect changes in Landlord's direct or indirect costs of providing such service. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems to be appropriate. C. Notwithstanding Section A. above to the contrary, if Landlord permits Tenant to purchase electrical power for the Premises from a provider other than Landlord's designated company(ies), such provider shall be considered to be a contractor of Tenant and Tenant shall indemnify and hold Landlord harmless from such provider's acts and omissions while in, or in connection with their services to, the Building or Premises in accordance with the terms and conditions of Article XV. In addition, at the request of Landlord, Tenant shall allow Landlord to purchase electricity from Tenant's provider at Tenant's rate or at such lower rate as can be negotiated by the aggregation of Landlord's and Tenant's requirements for electricity power.

Appears in 2 contracts

Samples: Office Lease (Acacia Research Corp), Sublease (Acacia Research Corp)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Leased Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs Additional Rent (except as provided for in this Section ll.B. below 9 with respect to excess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Leased Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Leased Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. . Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Leased Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.. 10 Maintenance Landlord and Tenant agree as follows:

Appears in 2 contracts

Samples: Office Lease Agreement (Great White Energy Services, Inc.), Office Lease Agreement (Diamondback Energy Services, Inc.)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises and any additional costs incurred to provide electrical service for Tenant usage requirements shall be paid for by Tenant through any one or more of the following, elected in Landlord’s sole discretion: (1) through inclusion in Base Rent and Basic Triple Net Costs (except as provided in Section ll.B. below with respect 11.B. below; (2) by a separate charge billed directly to excess usageTenant by Landlord and payable by Tenant as Additional Rent within ten (10) days after billing; or (3) by a separate charge or charges billed by the utility company(ies) providing electrical service and payable by Tenant directly to such utilities company(ies). The cost for installation of separate meters for Tenant’s electrical usage above Building standard shall be billed directly to Tenant and payable as Additional Rent. Landlord shall have the right at any time and from time-to-time during the Lease Term to .to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. In addition to Tenant paying its prorata share of electrical usage through the general electrical meter(s) for the Building, Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building, except with written consent of Landlord which consent will not unreasonably be withheld, and at Tenant’s expense for any equipment or modifications reasonably necessary to the electrical system to accommodate the high usage, including but not limited to installation of a separate meter for equipment with high usage. In in the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. , Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Industrial Building Lease (Amedica Corp)

Use of Electrical Services by Tenant. A. All electricity 10.1 Electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs Expenses (except as provided in Section ll.B. below with respect to 10.2 for excess usage). Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Landlord shall have the exclusive right at to select any time and from time-to-time during the Lease Term to contract for electricity company providing electrical service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if to aggregate the quantity or character electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. In the event that any other tenant of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no Building utilizes such change, failure, defect, unavailabilitytenant's premises, or unsuitability any material portion thereof, for permitted uses which cause such tenant to use electrical service in excess of that associated with general office purposes, Landlord shall constitute an actual or constructive evictionprovide a separate meter to such tenant and separately charge such tenant for its electrical service, in whole or in part, or entitle so that Tenant is not required to pay for any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s such excess use of electrical services furnished service by Landlord another tenant as part of the Expenses. 10.2 Tenant's use of electrical service shall not exceed exceed, either in voltage, rated capacity, use beyond Normal Business Hours or overall load load, that which is Landlord reasonably deems to be standard for the Buildingnormal office use in Class A office buildings. In the event If Tenant shall request that it be allowed requests permission to consume excess electrical services in excess of Building Standardservice, Landlord may refuse to consent to such usage or may condition consent upon such conditions as that Landlord reasonably elects (including including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and all such the additional usage (to the extent permitted by lawLaw), installation and maintenance thereof costs shall be paid for by Tenant as Additional RentTenant. Landlord, at any time during the Lease Term, Landlord shall have the right right, at Landlord's cost, to separately meter electrical usage for the Premises or and to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriatecommonly accepted methods.

Appears in 1 contract

Samples: Office Lease Agreement (Zymogenetics Inc)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Rental or Basic Costs (except as provided in Section ll.B. below with respect to excess usage)Costs. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s 's use of electrical services furnished by Landlord service in the Premises shall not exceed exceed, either in voltage, rated capacity, or use of overall load that which is standard load, 1.9 xxxxx per square foot for the Buildinglighting and 2.9 xxxxx per square foot for general power ("Building Standard Power"). In the event Tenant shall consume (or request that it be allowed to consume consume) electrical services service in excess of the Building StandardStandard Power, Landlord may refuse to provide such excess usage or refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional RentBase Rental. Landlord, at any time during the Lease Term, Landlord shall have the right to separately meter electrical usage for the Premises at any time during the Lease Term or to measure electrical usage by survey or use any other method of measuring electrical usage that Landlord, in its reasonable judgment, deems to be appropriate. Notwithstanding the foregoing, the use of normal amounts of the following low electrical consumption office equipment shall not, by itself, be deemed to create an electrical usage that is in excess of the standards for the Building: typewriters, dictation machines, calculators, copiers, word processing equipment and personal computers. B. If Landlord generates or distributes electric current for the Building, Tenant shall obtain all current from Landlord and pay as Additional Base Rental Landlord's charges therefor. Landlord may cease to furnish electricity upon thirty (30) days' prior written notice, provided within the thirty (30) days' Landlord connects with another source of electric supply.

Appears in 1 contract

Samples: Office Lease (First Capital Insured Real Estate Limited Partnership)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall shall, at Landlord’s option, be paid for by Tenant either: (1) through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. 11.B. below with respect to excess usage); or (2) by a separate charge billed directly to Tenant by Landlord and payable by Tenant as Additional Rent within ten (10) days after billing; or (3) by a separate charge or charges billed by the utility company(ies) providing electrical service and payable by Tenant directly to such utilities company(ies). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s 's use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base by a separate charge billed directly to Tenant by the utility provider or by Landlord based on Landlord’s reading of sub- or check-meters and payable by Tenant as Additional Rent and Basic Costs within thirty (except as provided in Section ll.B. below with respect to excess usage)30) days after billing. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load (which for the purposes hereof shall not exceed ten (10) xxxxx per square foot of the Premises that which is reasonably standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standardstandard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units)elects, and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, and at its sole cost, shall have the right to separately meter electrical usage for the Premises Premises, in which case electricity shall be paid directly by Tenant to the utility company providing electrical service, or to measure electrical usage by survey or any other method that Landlord, in its commercially reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease (Sige Semiconductor Inc)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. 11.B below with respect to excess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease (Wageworks, Inc.)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall shall, at Landlord's option, be paid for by Tenant either: (1) through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. 11.B. below with respect to excess usage); or (2) by a separate charge billed directly to Tenant by Landlord and payable by Tenant as Additional Rent within ten (10) days after billing; or (3) by a separate charge or charges billed by the utility company(ies) providing electrical service and payable by Tenant directly to such utilities company(ies). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”"ELECTRIC SERVICE PROVIDER"). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s 's electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s 's requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s 's use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage useage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage useage for the Premises or to measure electrical usage useage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Short Term Lease Agreement (Intelliready Inc /Co/)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall shall, at Landlord’s option, be paid for by Tenant through inclusion in Base Rent by a separate charge or charges billed by the utility company(ies) providing electrical service and Basic Costs (except as provided in Section ll.B. below with respect payable by Tenant directly to excess usagesuch utilities company(ies). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, upon reasonable advance notice to Tenant except in emergencies, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises; provided, however, Landlord shall use reasonable efforts to minimize interference with Tenant’s normal business operations in the Premises in connection with any such access (it being understood that same shall not be deemed to prohibit Landlord from performing maintenance and repairs during business hours and that Landlord shall have no obligation to employ overtime or other premium pay labor or other costs in connection therewith). Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or , subject to the provisions of Section 7.E, entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Retail Lease (Alliance Bankshares Corp)

Use of Electrical Services by Tenant. A. All electricity used by Tenant for ground floor space in the Premises shall be paid for by Tenant through inclusion in Base Rent by a separate charge or charges billed by the utility company(ies) providing electrical service and Basic Costs (except as provided in Section ll.B. below with respect payable by Tenant directly to excess usagesuch utilities company(ies). Landlord The parties acknowledge that all suites comprising the Premises are separately sub-metered or metered for electricity and shall have the right at any time and from time-to-time remain separately metered during the Lease Term Term. Tenant, at its sole cost and expense, shall connect to and use the existing meters in the Premises and shall contract for electricity service from directly with the such providers of such services as Landlord Tenant shall elect (each being an “Electric Service Provider”). Tenant Landlord shall cooperate with LandlordTenant, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord Tenant and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease; provided, however, if such change, failure, defect, unavailability, or unsuitability is caused by Landlord, Landlord’s agents, servants or employees and such change, failure, defect, unavailability, or unsuitability shall exceed five (5) consecutive business days, or shall exceed seven (7) days in any thirty (30) day period, then Tenant shall be entitled to a complete abatement of Base Rent, Additional Rent and other charges due hereunder until such time as such change, failure, defect, unavailability, or unsuitability shall cease, and Landlord, at its sole costs and expense, will promptly restore or correct such change, failure, defect, unavailability, or unsuitability. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. Landlord acknowledges that Tenant currently consumes electrical services in excess of what is standard for the Building in Suites 400 and 425 and consents thereto to Tenant’s existing consumption levels. In the event Tenant shall request that it be allowed to consume electrical services in excess of what is standard for the Building Standardwith respect to Suite 350, or if Tenant wishes to substantially increase its use of electrical services in Suites 400 and 425, Landlord may refuse agrees to consent to such usage in excess of what is standard for the Building, or may consent upon such conditions increase in usage, as Landlord reasonably elects (including applicable, if Tenant pays for the installation of utility service upgrades, submeters, air handlers or cooling units), and all units necessary to provide such requested additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriateservices.

Appears in 1 contract

Samples: Office Lease Agreement (KBS Growth & Income REIT, Inc.)

Use of Electrical Services by Tenant. A. All Except for electricity furnished to any separately metered special or supplemental HVAC systems exclusively serving the Premises, all electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion included in Base Rent and Basic Costs (except as provided in Section ll.B. 11.B. below with respect to excess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Subject to Tenant’s abatement rights under Paragraph 7.C above, Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services substantially in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and in any event, all such additional usage (to the extent permitted by law), installation and maintenance thereof of all upgrades, submeters, air handlers and cooling units for such additional usage shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate. Tenant shall be solely responsible for payment of all utility charges, fees and assessments incurred by Landlord with respect to any separately metered special or supplemental HVAC systems exclusively serving the Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Epicor Software Corp)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. below with respect to excess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises, provided such access otherwise complies with Section 12. below). Except to the extent caused by its negligence or willful acts or omissions, Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is reasonably standard for the BuildingBuilding and/or for other similarly situated office buildings within the surrounding community. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standardsuch standards, Landlord may refuse to shall consent to such usage or usage, but Landlord, in its reasonable discretion, may require reasonable conditions on such consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all . All such additional usage (to the extent permitted by law), installation installation, maintenance and preventative maintenance by a qualified vendor thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Graymark Healthcare, Inc.)

Use of Electrical Services by Tenant. A. All electricity Electricity used by Tenant in the Premises shall shall, at Landlord's option, be paid for by Tenant either: (1) through inclusion in Base Rent and Basic Costs Expenses (except as provided in Section ll.B. below with respect to X.B. for excess usage); (2) by a separate charge payable by Tenant to Landlord within 30 days after billing by Landlord; or (3) by separate charge billed by the applicable utility company and payable directly by Tenant. Landlord Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Tenant shall have the exclusive right at any time and from time-to-time during to select the Lease Term company providing electrical service to contract the Premises, for electricity service from such providers so long as the Premises consist of such services as the entire 4100 Building. If the Premises ever are less than the entire 4100 Building, Landlord shall elect select the electrical service provider based on a prudent balancing of reliability and cost considerations. If the cost of electricity supplied to the Premises is paid under clause (each being an “Electric Service Provider”). Tenant 1) and (2) of this Section X.A., there shall cooperate with be no profit to or make-up by Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, cost payable by Tenant shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason net of any changerebate, failurecredit, interferencediscount, disruptionrefund or other economic benefit received by Landlord or any affiliates of Landlord (valued, or defect in the supply or character case of the electric energy furnished to the Premisesnon-cash consideration, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Leaseon a fair market value basis). B. Tenant’s 's use of electrical services furnished by Landlord service shall not exceed exceed, either in voltage, rated capacity, capacity or overall load that which is standard for load, the Building's engineered electrical capacity. In If Tenant consumes electrical service other than through meters controlled by the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standardutility supplier ("Metered Service"), Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including require the installation of utility service upgrades, meters or submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by lawLaw), the installation and maintenance thereof costs shall be paid by Tenant. Where it is impractical for by Tenant as Additional Rent. LandlordLandlord to separately meter electrical use, at any time during the Lease Term, Landlord shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or other commonly accepted methods approved by Tenant. If Tenant consumes any electricity in the Premises other method that than through Metered Service, Landlord may recover from Tenant, as Additional Rent, Landlord's cost of supplying electricity in excess of the Building's standard amount, in its reasonable judgmentregardless of whether such excess is due to greater than standard electrical consumption during Normal Business Hours or use of the Premises, deems appropriate.outside Normal Business Hours. The Building's "standard" electrical consumption shall be based on the average actual use during Normal Business Hours by Tenant and other tenants of the Building or, at Landlord's election, by average consumption of similar (i.e., office use) tenants in

Appears in 1 contract

Samples: Office Lease Agreement (Inktomi Corp)

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Use of Electrical Services by Tenant. A. All The electricity used by for the Premises is separately metered and Tenant shall pay for the cost of Tenant's use of electricity in the Premises. B. Landlord may elect to discontinue the distribution or furnishing of electricity to the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. below with respect to excess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of if such services as Landlord shall elect (each being an “Electric Service Provider”). may feasibly be furnished directly to Tenant shall cooperate with Landlord, and by the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider supplying same. In the event of any such election by Landlord: (i) Landlord agrees to give reasonable access advance notice of such discontinuance to Tenant; (ii) Tenant shall receive electricity directly from the Electric Service Provider supplying such service to the Building’s electric lines, Building and the existing feeders, risers, wiring, pipes and any other machinery within facilities serving the Premises. Landlord shall in no way Premises may be liable or responsible used by Tenant for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished such purpose to the Premisesextent they are suitable and safely capable of carrying Tenant's requirements; and (iii) Tenant agrees to pay such charges and costs, or if the quantity or character of the electric energy supplied by the any, as such Electric Service Provider is no longer available or suitable for may impose in connection with the installation of Tenant’s requirements, 's meters. This Lease shall remain in full force and no effect and such change, failure, defect, unavailability, or unsuitability discontinuance shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the this Lease. B. C. Tenant’s 's use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises. Tenant shall pay Landlord the amount so consumed, as determined by said meter, calculated at the rate structure then existing of the Electrical Service Provider supplying electrical energy to the Building for Tenant's consumption, as so measured. Said payment shall be due, as Additional Rent, within ten (10) days after billing. Notwithstanding anything to the contrary contained in this Article 11, if: (i) Landlord ceases to furnish any utility service in the Building for a period in excess of five (5) consecutive days after Tenant notifies Landlord of such cessation (the "Interruption Notice"); (ii) such cessation does not arise as a result of an act or omission of Tenant; (iii) such cessation is not caused by a fire or other casualty (in which case Article 18 shall control); (iv) the restoration of such service is reasonably within the control of Landlord; and (v) as a result of such cessation, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to measure electrical usage use the Premises in the normal course of its business) and Tenant in fact ceases to use the Premises, or material portion thereof, then Tenant, as its sole remedy, shall be entitled to receive an abatement of Base Rent payable hereunder during the period beginning on the sixth (6th) consecutive day of such cessation and ending on the day when the service in question has been restored. In the event the entire Premises has not been rendered untenantable by survey or any other method the cessation in service, the amount of abatement that Landlord, in its reasonable judgment, deems appropriateTenant is entitled to receive shall be prorated based upon the percentage of the Premises so rendered untenantable and not used by Tenant.

Appears in 1 contract

Samples: Office/Flex Building Lease (MRS Fields Financing Co Inc)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. 11.B. below with respect to excess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises; provided, Landlord will minimize interference with Tenant’s use of and access to the Premises in connection therewith. Except as provided in Section 7.C., Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity quality or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (VirtualArmour International Inc.)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. 11.B. below with respect to excess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, and as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Except as provided in Section 23(1), Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that of the utilities which is standard for are initially installed in the BuildingPremises as Landlord’s Work. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation installation, maintenance and preventative maintenance by a qualified vendor thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Outdoor Channel Holdings Inc)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall shall, at Landlord's option, be paid for by Tenant either: (1) through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. 11.B. below with respect to excess usage)useage. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”"ELECTRIC SERVICE PROVIDER"). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s 's electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s 's requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s 's use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage useage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage useage for the Premises or to measure electrical usage useage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease (Integrated Information Systems Inc)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion by a separate charge billed directly to Tenant by Landlord and payable by Tenant as Additional Base Rental within ten (10) days after billing. It is understood that electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and/or distribution services and that the cost of electricity may be billed as a single charge or divided into and billed in Base Rent and Basic Costs (except a variety of categories such as provided in Section ll.B. below with respect to excess usage)distribution charges, transmission charges, generation charges, public good charges or other similar categories. Landlord shall have the exclusive right at any time and from time-to-time during to select the Lease Term to contract for electricity company(ies) providing electrical service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feedersPremises and Property, risersto aggregate the electrical service for the Building, wiringPremises and Property with other buildings, to purchase electricity for the Building, Premises and any other machinery within Property through a broker and/or buyers group and to change the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason providers and/or manner of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished purchasing electricity from time to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Leasetime. B. Tenant’s 's use of electrical services furnished by Landlord service in the Premises shall not exceed exceed, either in voltage, rated capacity, or overall load that which is standard load, the design specifications for the BuildingBuilding as determined in Exhibit F attached hereto. In the event Tenant shall consume (or request that it be allowed to consume consume) electrical services service in excess of Building Standardthe design specifications set out on Exhibit F, Landlord may refuse to consent to such excess usage or may condition its consent to such excess usage upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional RentBase Rental. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems to be appropriate. C. Notwithstanding Section A above to the contrary, if Landlord permits Tenant to purchase electrical power for the Premises from a provider other than Landlord's designated company(ies), such provider shall be considered to be a contractor of Tenant and Tenant shall indemnify and hold Landlord harmless from such provider's acts and omissions while in, or in connection with their services to, the Building or Premises in accordance with the terms and conditions of Article 18. In addition, at the request of Landlord, Tenant shall allow Landlord to purchase electricity from Tenant's provider at Tenant's rate or at such lower rate as can be negotiated by the aggregation of Landlord's and Tenant's requirements for electricity power.

Appears in 1 contract

Samples: Lease Agreement (Onyx Software Corp/Wa)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. 11.B. below with respect to excess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement (except as set forth in Section 7.C hereof) or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease Agreement (Quest Resource Corp)

Use of Electrical Services by Tenant. A. All electricity 10.1 Electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent and Basic Costs Expenses (except as provided in Section ll.B. below with respect herein as to excess usage). Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges, Landlord shall have the exclusive right at to select any time and from time-to-time during the Lease Term to contract for electricity company providing electrical service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if to aggregate the quantity or character electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. In the event that any other tenant of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no Building utilizes such change, failure, defect, unavailabilitytenants premises, or unsuitability any material portion thereof, for permitted uses which cause such tenant to use electrical service in excess of that associated with general office purposes, Landlord shall constitute an actual or constructive evictionprovide a separate meter to such tenant and separately charge such tenant for its electrical service, in whole or in part, or entitle so that Tenant is not required to pay for any abatement or diminution such excess use of rent, or relieve Tenant from any electrical service by another tenant as part of its obligations under the LeaseExpenses. B. 10.2 Tenant’s use of electrical services furnished by Landlord service shall not exceed exceed, either in voltage, rated capacity, use beyond Normal Business Hours or overall load that load, which is Landlord reasonably deems to be standard for the Buildingnormal office use in Class A office buildings. In the event If Tenant shall request that it be allowed requests permission to consume excess electrical services in excess of Building Standardservice, Landlord may refuse to consent to such usage or may condition consent upon such conditions as that Landlord reasonably elects (including including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and all such the additional usage (to the extent permitted by lawLaw), installation and maintenance thereof costs shall be paid for by Tenant as Additional RentTenant. Landlord, at any time during the Lease Term, Landlord shall have the right right, at Landlord’s cost, to separately meter electrical usage for the Premises or and to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriatecommonly accepted methods.

Appears in 1 contract

Samples: Sublease Agreement

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion by a separate charge billed directly to Tenant by Landlord and payable by Tenant as Additional Rent within thirty (30) days after billing based on the check-meter, if any, installed in Base Rent and Basic Costs the Premises, or at Landlord’s election, if the Premises is not separately metered Tenant shall pay to Landlord, as Additional Rent, $2.25 per square foot of Rentable Area of the Premises per annum (except as provided in Section ll.B. below with respect to excess usagewhich amount may be increased by Landlord if the cost of providing such electricity is increased by the utility provider). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s 's electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s 's use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standardstandard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units)elects, and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises Premises, in which case electricity shall be paid directly by Tenant to the utility company providing electrical service, or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.. Notwithstanding the foregoing, to the extent that Tenant is occupying the Premises prior to the Commencement Date pursuant to that certain Sublease Agreement dated March 5, 2020 between Commonwealth Care Alliance, Inc. and Tenant (as amended, the “Sublease Agreement”), Landlord shall not charge

Appears in 1 contract

Samples: Office Lease (Aveo Pharmaceuticals, Inc.)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall be paid for by Tenant through inclusion in Base Rent either directly to the utility service provider or as additional rent to Landlord. Tenant also shall be responsible for all costs incurred by reason thereof, including, without limitation, costs to furnish and Basic Costs (except as provided in Section ll.B. below with respect install any separate submeters, checkmeters, utility deposits, etc. Tenant shall be solely responsible for the costs to excess usage)furnish and install any switches required to connect to the existing Building electrical service. Landlord shall have the right at any time and from time-to-time during the Lease Term be entitled to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. B. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon establish such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional RentBase Rental. Landlord, at any time during the Lease Term, Tenant shall have the right be required to separately meter electrical usage for the Premises at all times during the Lease Term. Tenant shall be solely responsible for any increased demand charges resulting to Landlord for the Building by reason of Tenant's consumption of electricity within the Premises. Landlord shall not be entitled to any profit or markup for any electricity billed to measure electrical usage Tenant by survey Landlord hereunder. B. If Landlord generates or any other method distributes electric current for the Building, Tenant shall obtain all current from Landlord and pay as Additional Base Rental Landlord's charges therefor, provided, however, the charges to Tenant shall not exceed the rate that would be charged Tenant if billed directly by the local utility for the same services. Landlord may cease to furnish electricity upon thirty (30) days' prior written notice, provided within the thirty (30) days' Landlord connects the Building to a comparable source of electric supply. It is expressly agreed that in the event the utility company shall require Landlord to either generate or distribute electric current to Tenant or, to require Tenant to obtain such electric current directly from the utility provider, Tenant shall bear the cost incurred in connection with such provision of electric current or change of electric current source. C. It is expressly agreed that Tenant shall have the right, on a scheduled basis with Landlord, in to exercise its reasonable judgment, deems appropriategenerator at least as frequently as semi-monthly; recognizing that any such exercise by Tenant shall not interfere with Building operations or other tenants.

Appears in 1 contract

Samples: Office Lease Agreement (Universal Access Inc)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall shall, at Landlord’s option, be paid for by Tenant either: (1) through inclusion in Base Rent and Basic Costs (except as provided in Section ll.B. 11.B. below with respect to excess usageuseage); or (2) by a separate charge billed directly to Tenant by Landlord and payable by Tenant as Additional Rent within ten (10) days after billing; or (3) by a separate charge or charges billed by the utility company(ies) providing electrical service and payable by Tenant directly to such utilities company(ies). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the LeaseLease except as expressly provided herein. B. Tenant’s 's use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building Standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage useage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage useage for the Premises or to measure electrical usage useage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease (Great Basin Scientific, Inc.)

Use of Electrical Services by Tenant. A. All electricity Electricity used by Tenant in the Premises shall shall, at Landlord's option, be paid for by Tenant either: (1) through inclusion in Base Rent and Basic Costs Expenses (except as provided in Section ll.B. below with respect to X.B. for excess usage); (2) by a separate charge payable by Tenant to Landlord within 30 days after billing by Landlord; or (3) by separate charge billed by the applicable utility company and payable directly by Tenant. Electrical service to the Premises may be furnished by one or more companies providing electrical generation, transmission and distribution services, and the cost of electricity may consist of several different components or separate charges for such services, such as generation, distribution and stranded cost charges. Landlord shall have the exclusive right at to select any time and from time-to-time during the Lease Term to contract for electricity company providing electrical service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or to aggregate the electrical service for the Property and Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the providers and manner of purchasing electricity. Landlord shall be entitled to receive a fee (if permitted by Law) for the quantity or character selection of utility companies and the electric energy supplied negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the LeaseLandlord. B. Tenant’s 's use of electrical services furnished by Landlord service shall not exceed exceed, either in voltage, rated capacity, use beyond Normal Business Hours or overall load load, that which is Landlord deems to be standard for the Building. In the event If Tenant shall request that it be allowed requests permission to consume excess electrical services in excess of Building Standardservice, Landlord may refuse to consent to such usage or may condition consent upon such conditions as that Landlord reasonably elects (including including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and all such the additional usage (to the extent permitted by lawLaw), installation and maintenance thereof costs shall be paid for by Tenant as Additional RentTenant. Landlord, at any time during the Lease Term, Landlord shall have the right to separately meter electrical usage for the Premises or and to measure electrical usage by survey or any other method that commonly accepted methods. If Tenant desires overhead lighting services outside Normal Business Hours, Tenant may obtain such service through the direct telephone access system established in the Building for such purpose or through such other access system Landlord may establish from time to time for such purpose. Tenant shall pay Landlord, in its reasonable judgmentas Additional Rent, deems appropriatethe entire cost of such additional overhead lighting service, as such costs are determined by Landlord from time to time.

Appears in 1 contract

Samples: Office Lease Agreement (Gsi Technologies Usa Inc /De)

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