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

Use of Electrical Services by Tenant. A. Tenant shall pay Landlord as Additional Rent Tenant’s Pro Rata Share of Electrical Costs (defined below) for each applicable calendar year or portion thereof during the Term. Before the Commencement Date and January 1 of each calendar year, or as soon thereafter as practical, Landlord shall make a good faith estimate of Electrical Costs for the applicable calendar year and Tenant’s Pro Rata Share. On or before the first day of each month during the calendar year, Tenant shall pay Landlord, as Additional Rent, a monthly installment equal to one-twelfth of Tenant’s Pro Rata Share of Landlord’s estimate of Electrical Costs. Landlord shall have the right from time to time to revise the estimate of Electrical Costs for the year and provide Tenant with a revised statement, and the amount Tenant shall pay each following month shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Electrical Costs by January 1 of a calendar year, Tenant shall continue to pay monthly based on the previous year’s estimate until Landlord provides Tenant with the new estimate. Upon receipt of the new estimate, an adjustment shall be made for any month during the current year for which Tenant paid monthly installments of Additional Rent based on the previous year’s estimate. Tenant shall pay Landlord the amount of any underpayment within 30 days after demand. Any overpayment shall, at Landlord’s option, be refunded to Tenant or credited against the installment of Additional Rent next due. Amounts paid by Tenant based on any estimate shall be subject to adjustment pursuant to the immediately following paragraph when actual Electrical Costs are determined for the calendar year. Following the end of each calendar year, Landlord shall furnish Tenant with a statement of actual Electrical Costs for the previous calendar year. If the amount of estimated Electrical Costs paid by Tenant for the prior year is greater than Tenant’s Pro Rata Share of actual Electrical Costs for the prior year, Landlord shall apply the overpayment against Additional Rent next due or becoming due, provided that if the Term expires before the determination of the overpayment, Landlord shall refund the overpayment to Tenant after first deducting the amount of Rent due. Likewise, Tenant shall pay Landlord, within 30 days after demand, any underpayment for the prior year, whether or not the Lease has terminated prior to receipt by Tenant of a statement for the underpayment. This clause shall survive the expiration or earlier termination of the Lease.

Use of Electrical Services by Tenant. A. The parties acknowledge that the consumption of electricity in the Premises (other than electricity consumed for the purposes of providing the services which Landlord is required to provide hereunder) will be measured by a separate sub-meter currently installed in the Premises. Tenant shall pay reimburse Landlord for the entire cost of such electric current as Additional Rent Tenant’s Pro Rata Share follows: 1. Commencing as of Electrical Costs (defined below) for each applicable calendar year or portion thereof during the Term. Before the Commencement Date and January 1 continuing until the procedures set forth in Subparagraph 2 of each calendar year, or as soon thereafter as practical, Landlord shall make a good faith estimate of Electrical Costs for the applicable calendar year and Tenant’s Pro Rata Share. On or before the first day of each month during the calendar yearthis Paragraph A are effected, Tenant shall pay to Landlord at the same time and in the same manner that it pays its monthly payments of Base Rental hereunder, estimated monthly payments on account of Tenant's obligation to reimburse Landlord for electricity consumed in the Premises. 2. Periodically after the Commencement Date, Landlord shall determine the actual cost of electricity consumed by Tenant in the Premises (i.e. by reading Tenant's sub-meter and by applying the actual monthly electric rate(s) applicable to the preceding period) and shall provide Tenant with written evidence of such calculation. If the total of Tenant's estimated monthly payments on account of such period is less than the actual cost of electricity consumed in the Premises during such period, Tenant shall pay the difference to Landlord when billed therefor. If the total of Tenant's estimated monthly payments on account of such period is greater than the actual cost of electricity consumed in the Premises during such period, Tenant may credit the difference against its next installment of rental or other charges due hereunder, except that if such difference is determined after the end of the Term, Landlord shall refund such difference to Tenant to the extent that such difference exceeds any amounts then due from Tenant to Landlord. 3. After each adjustment, as Additional Rentset forth in Paragraph 2 above, a the amount of estimated monthly installment equal to one-twelfth payments on account of Tenant’s Pro Rata Share 's obligation to reimburse Landlord for electricity in the Premises shall be adjusted based upon the actual cost of electricity consumed during the immediately preceding period. B. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, to aggregate the electrical service for the Building 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 selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such fee shall not exceed 50% of any savings obtained by Landlord’s estimate . C. Tenant's use of Electrical Costselectrical service shall not exceed, either in voltage, rated capacity, use beyond Normal Business Hours or overall load, 7 watts per rentable square foot of the Premises for lights and plugs. Xx Tenant requests permission to consume excess electrical service, Landlord may refuse to consent or may condition consent upon conditions that Landlord reasonably elects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and the additional usage (to the extent permitted by Law), installation and maintenance cost shall be paid for by Tenant. Landlord shall have the right from time to time to revise the estimate of Electrical Costs separately meter electrical usage for the year Premises and provide Tenant with a revised statement, and the amount Tenant shall pay each following month shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Electrical Costs to measure electrical usage by January 1 of a calendar year, Tenant shall continue to pay monthly based on the previous year’s estimate until Landlord provides Tenant with the new estimate. Upon receipt of the new estimate, an adjustment shall be made for any month during the current year for which Tenant paid monthly installments of Additional Rent based on the previous year’s estimate. Tenant shall pay Landlord the amount of any underpayment within 30 days after demand. Any overpayment shall, at Landlord’s option, be refunded to Tenant survey or credited against the installment of Additional Rent next due. Amounts paid by Tenant based on any estimate shall be subject to adjustment pursuant to the immediately following paragraph when actual Electrical Costs are determined for the calendar year. Following the end of each calendar year, Landlord shall furnish Tenant with a statement of actual Electrical Costs for the previous calendar year. If the amount of estimated Electrical Costs paid by Tenant for the prior year is greater than Tenant’s Pro Rata Share of actual Electrical Costs for the prior year, Landlord shall apply the overpayment against Additional Rent next due or becoming due, provided that if the Term expires before the determination of the overpayment, Landlord shall refund the overpayment to Tenant after first deducting the amount of Rent due. Likewise, Tenant shall pay Landlord, within 30 days after demand, any underpayment for the prior year, whether or not the Lease has terminated prior to receipt by Tenant of a statement for the underpayment. This clause shall survive the expiration or earlier termination of the Leaseother commonly accepted methods.

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall pay be paid for by Tenant by a separate charge billed directly to Tenant by Landlord as Additional Rent Tenantbased on Landlord’s Pro Rata Share of Electrical Costs (defined below) for each applicable calendar year or portion thereof during the Term. Before the Commencement Date and January 1 of each calendar year, or as soon thereafter as practical, Landlord shall make a good faith estimate of Electrical Costs for Tenant’s use of electricity in the applicable Premises and payable by Tenant as Additional Rent within thirty (30) days after billing. As soon as is practical following the end of each calendar year and Tenant’s Pro Rata Share. On or before the first day of each month during the calendar yearLease Term, Landlord shall furnish to Tenant shall pay Landlord, as Additional Rent, a monthly installment equal to one-twelfth statement of Tenant’s Pro Rata Share actual use of electricity in the Premises for the previous calendar year based upon Landlord’s reading of the check meters installed in the Premises. If for any calendar year the Additional Rent collected for the prior year, as a result of Landlord’s estimate of Electrical Costs. Tenant’s use of electricity in the Premises, is in excess of the amount owed by Tenant on account of its actual use of electricity in the Premises such prior year, then Landlord shall have the right from time refund to time to revise the estimate of Electrical Costs for the year and provide Tenant with a revised statement, and the amount Tenant shall pay each following month shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Electrical Costs by January 1 of a calendar year, Tenant shall continue to pay monthly based on the previous year’s estimate until Landlord provides Tenant with the new estimate. Upon receipt of the new estimate, an adjustment shall be made for any month during the current year for which Tenant paid monthly installments of Additional Rent based on the previous year’s estimate. Tenant shall pay Landlord the amount of any underpayment within 30 days after demand. Any overpayment shall, (or at Landlord’s option, be refunded to Tenant or credited against the installment of Additional Rent next due. Amounts paid by Tenant based on any estimate shall be subject to adjustment pursuant to the immediately following paragraph when actual Electrical Costs are determined for the calendar year. Following the end of each calendar year, Landlord shall furnish Tenant with a statement of actual Electrical Costs for the previous calendar year. If the option apply such amount of estimated Electrical Costs paid by Tenant for the prior year is greater than Tenant’s Pro Rata Share of actual Electrical Costs for the prior year, Landlord shall apply the overpayment against Additional Rent next due or becoming due, provided that if the Term expires before the determination of the overpayment, Landlord shall refund the overpayment to Tenant after first deducting the amount of Rent duebecome due hereunder). Likewise, Tenant shall pay to Landlord, within 30 thirty (30) days after Landlord’s written demand, any underpayment for with respect to the prior year, year whether or not the Lease has terminated prior to receipt by Tenant of a statement for the such underpayment. This , it being understood that this clause shall survive the expiration or earlier termination of the Lease. 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. 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 (provided, however, that Landlord may not restrict use of the Emergency Generator in compliance with the terms of this Lease) or may consent upon such conditions as Landlord reasonably elects, and all such additional usage shall be paid for by Tenant as Additional Rent. Landlord shall, at its sole cost and expense, install a check meter in (a) the First Additional Space prior to the First Additional Space Rent Commencement Date, and (b) the Second Additional Space prior to the Second Additional Space Commencement Date. Tenant shall have the right, at its sole cost and expense, to require Landlord to install a check meter in the Original Premises, which Landlord shall do promptly following Tenant’s request therefor. In the event that any portion of the Premises is not check-metered from time-to-time, then Tenant shall pay for its electricity usage based on Landlord’s engineer’s reasonable estimate of such usage.

Use of Electrical Services by Tenant. A. The parties acknowledge that the consumption of electricity in the Premises (other than electricity consumed for the purposes of providing the services which Landlord is required to provide hereunder) will be measured by a separate sub-meter installed in the Premises. Tenant shall pay reimburse Landlord for the entire cost of such electric current as Additional Rent Tenant’s Pro Rata Share follows: 1. Commencing as of Electrical Costs (defined below) for each applicable calendar year or portion thereof during the Term. Before the Commencement Date and January 1 continuing until the procedures set forth in Subparagraph 2 of each calendar year, or as soon thereafter as practical, Landlord shall make a good faith estimate of Electrical Costs for the applicable calendar year and Tenant’s Pro Rata Share. On or before the first day of each month during the calendar yearthis Paragraph A are effected, Tenant shall pay Landlordto Landlord at the same time and in the same manner that it pays its monthly payments of Base Rental hereunder, estimated monthly payments on account of Tenant's obligation to reimburse Landlord for electricity consumed in the Premises. 2. Periodically after the Commencement Date, Landlord shall determine the actual cost of electricity consumed by Tenant in the premises (i.e. by reading Tenant's sub-meter and by applying the actual monthly electric rate(s) applicable to the preceding period). If the total of Tenant's estimated monthly payments on account of such period is less than the actual cost of electricity consumed in the premises during such period, Tenant shall pay the difference to Landlord when billed therefor. If the total of Tenant's estimated monthly payments on account of such period is greater than the actual cost of electricity consumed in the premises during such period, Tenant may credit the difference against its next installment of rental or other charges due hereunder. 3. After each adjustment, as Additional Rentset forth in Paragraph 2 above, a the amount of estimated monthly installment equal to one-twelfth payments on account of Tenant’s Pro Rata Share 's obligation to reimburse Landlord for electricity in the premises shall be adjusted based upon the actual cost of Landlord’s estimate electricity consumed during the immediately preceding period. 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 Electrical Costselectricity 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 to select the company(ies) providing electrical service to the Building, Premises and Property, to aggregate the electrical service for the Building, Premises and Property with other buildings, to purchase electricity for the Building, Premises and Property through a broker and/or buyers group and to change the providers and/or manner of purchasing electricity from time to time time. Landlord shall be entitled to revise the estimate of Electrical Costs receive a reasonable fee (if permitted by law) for the year services provided by Landlord in connection with the selection of utility companies and provide the negotiation and administration of contracts for the generation of electricity. In addition, if Landlord bills Tenant with a revised statementdirectly for the cost of electricity as Additional Base Rental, the cost of electricity may include (if permitted by law) an administrative fee to reimburse Landlord for the cost of reading meters, preparing invoices and related costs. B. Tenant's use of electrical service in the Premises shall not exceed, either in voltage, rated capacity, use beyond Normal Business Hours or overall load, that which Landlord deems to be standard for the Building. In the event Tenant shall consume (or request that it be allowed to consume) electrical service in excess of that 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 amount extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Base 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. Landlord acknowledges that Tenant will operate its business and use the Premises 24 hours per day up to seven (7) days per week. As a result, Tenant will use electrical service beyond Normal Business Hours and Landlord hereby consents to such use, provided that such use does not adversely affect any of the Building systems. 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 pay each following month shall be based upon indemnify and hold Landlord harmless from such provider's acts and omissions while in, or in connection with their services to, the revised estimateBuilding or Premises in accordance with the terms and conditions of Article XV. If Landlord does not provide Tenant with an estimate In addition, at the request of the Electrical Costs by January 1 of a calendar yearLandlord, Tenant shall continue allow Landlord to pay monthly based on purchase electricity from Tenant's provider at Tenant's rate or at such lower rate as can be negotiated by the previous year’s estimate until Landlord provides Tenant with the new estimate. Upon receipt aggregation of the new estimate, an adjustment shall be made Landlord's and Tenant's requirements for any month during the current year for which Tenant paid monthly installments of Additional Rent based on the previous year’s estimate. Tenant shall pay Landlord the amount of any underpayment within 30 days after demand. Any overpayment shall, at Landlord’s option, be refunded to Tenant or credited against the installment of Additional Rent next due. Amounts paid by Tenant based on any estimate shall be subject to adjustment pursuant to the immediately following paragraph when actual Electrical Costs are determined for the calendar year. Following the end of each calendar year, Landlord shall furnish Tenant with a statement of actual Electrical Costs for the previous calendar year. If the amount of estimated Electrical Costs paid by Tenant for the prior year is greater than Tenant’s Pro Rata Share of actual Electrical Costs for the prior year, Landlord shall apply the overpayment against Additional Rent next due or becoming due, provided that if the Term expires before the determination of the overpayment, Landlord shall refund the overpayment to Tenant after first deducting the amount of Rent due. Likewise, Tenant shall pay Landlord, within 30 days after demand, any underpayment for the prior year, whether or not the Lease has terminated prior to receipt by Tenant of a statement for the underpayment. This clause shall survive the expiration or earlier termination of the Leaseelectricity power.

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall pay be paid for by Tenant by a separate charge billed directly to Tenant by Landlord as Additional Rent Tenantbased on Landlord’s Pro Rata Share of Electrical Costs (defined below) for each applicable calendar year or portion thereof during the Term. Before the Commencement Date and January 1 of each calendar year, or as soon thereafter as practical, Landlord shall make a good faith estimate of Electrical Costs for Tenant’s use of electricity in the applicable Premises and payable by Tenant as Additional Rent within thirty (30) days after billing. As soon as is practical following the end of each calendar year and Tenant’s Pro Rata Share. On or before the first day of each month during the calendar yearLease Term, Landlord shall furnish to Tenant shall pay Landlord, as Additional Rent, a monthly installment equal to one-twelfth statement of Tenant’s Pro Rata Share actual use of electricity in the Premises for the previous calendar year based upon Landlord’s reading of the check meter installed in the Premises. If for any calendar year the Additional Rent collected for the prior year, as a result of Landlord’s estimate of Electrical Costs. Tenant’s use of electricity in the Premises, is in excess of the amount owed by Tenant on account of its actual use of electricity in the Premises such prior year, then Landlord shall have the right from time refund to time to revise the estimate of Electrical Costs for the year and provide Tenant with a revised statement, and the amount Tenant shall pay each following month shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Electrical Costs by January 1 of a calendar year, Tenant shall continue to pay monthly based on the previous year’s estimate until Landlord provides Tenant with the new estimate. Upon receipt of the new estimate, an adjustment shall be made for any month during the current year for which Tenant paid monthly installments of Additional Rent based on the previous year’s estimate. Tenant shall pay Landlord the amount of any underpayment within 30 days after demand. Any overpayment shall, (or at Landlord’s option, be refunded to Tenant or credited against the installment of Additional Rent next due. Amounts paid by Tenant based on any estimate shall be subject to adjustment pursuant to the immediately following paragraph when actual Electrical Costs are determined for the calendar year. Following the end of each calendar year, Landlord shall furnish Tenant with a statement of actual Electrical Costs for the previous calendar year. If the option apply such amount of estimated Electrical Costs paid by Tenant for the prior year is greater than Tenant’s Pro Rata Share of actual Electrical Costs for the prior year, Landlord shall apply the overpayment against Additional Rent next due or becoming due, provided that if the Term expires before the determination of the overpayment, Landlord shall refund the overpayment to Tenant after first deducting the amount of Rent duebecome due hereunder). Likewise, Tenant shall pay to Landlord, within 30 thirty (30) days after Landlord’s written demand, any underpayment for with respect to the prior year, year whether or not the Lease has terminated prior to receipt by Tenant of a statement for the such underpayment. This , it being understood that this clause shall survive the expiration or earlier termination of the Lease. 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. 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, and all such additional usage shall be paid for by Tenant as Additional Rent.

Use of Electrical Services by Tenant. A. Tenant shall pay Landlord as Additional Rent Tenant’s Pro Rata Share of Electrical Costs (defined below) for each applicable calendar year or portion thereof during the Lease Term. Before the Commencement Date and January 1 of each calendar year, or as soon thereafter as practical, Landlord shall make a good faith estimate of Electrical Costs for the applicable calendar year and Tenant’s Pro Rata Share. On or before the first day of each month during the calendar year, Tenant shall pay Landlord, as Additional Rent, a monthly installment equal to one-twelfth of Tenant’s Pro Rata Share of Landlord’s estimate of Electrical Costs. Landlord shall have the right from time to time to revise the estimate of Electrical Costs for the year and provide Tenant with a revised statement, and the amount Tenant shall pay each following month shall be based upon the revised estimate. If Landlord does not provide Tenant with an estimate of the Electrical Costs by January 1 of a calendar year, Tenant shall continue to pay monthly based on the previous year’s estimate until Landlord provides Tenant with the new estimate. Upon receipt of the new estimate, an adjustment shall be made for any month during the current year for which Tenant paid monthly installments of Additional Rent based on the previous year’s estimate. Tenant shall pay Landlord the amount of any underpayment within 30 days after demand. Any overpayment shall, at Landlord’s option, be refunded to Tenant or credited against the installment of Additional Rent next due. Amounts paid by Tenant based on any estimate shall be subject to adjustment pursuant to the immediately following paragraph when actual Electrical Costs are determined for the calendar year. Following the end of each calendar year, Landlord shall furnish Tenant with a statement of actual Electrical Costs for the previous calendar year. If the amount of estimated Electrical Costs paid by Tenant for the prior year is greater than Tenant’s Pro Rata Share of actual Electrical Costs for the prior year, Landlord shall apply the overpayment against Additional Rent next due or becoming due, provided that if the Term expires before the determination of the overpayment, Landlord shall refund the overpayment to Tenant after first deducting the amount of Rent due. Likewise, Tenant shall pay Landlord, within 30 days after demand, any underpayment for the prior year, whether or not the Lease has terminated prior to receipt by Tenant of a statement for the underpayment. This clause shall survive the expiration or earlier termination of the this Lease.