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

Use of Electrical Services by Tenant. Landlord will install, at Landlord's sole cost and expense, an electrical check meter (a "Check Meter ") for the Premises as part of the Tenant Improvements. It is anticipated that the Check Meter will measure all electricity supplied to the Premises (i) to operate lights and light fixtures therein, (ii) to operate equipment and fixtures that are connected to electrical outlets therein and (iii) to operate any HVAC system or unit that exclusively serves the Premises (or any portion thereof) [the base Building HVAC for a single tenant floor shall not be deemed exclusively serving tenant premises]. As contemplated in Paragraph 8(c) herein, Landlord shall pay the local electrical utility company prior to delinquency for the electricity supplied to the Premises through the Check Meter. Provided, however, in the event the amount paid by Landlord to the local electrical utility company for electricity supplied to the Premises (as measured by the Check Meter) for any given period of time is greater than the allocable portion of the Premises Electrical Expense Stop (allocated to the Premises for the relevant period of time), Landlord may submit an invoice to Tenant periodically for the cost of such excess electricity supplied to the Premises and Tenant shall pay the full invoiced amount (as Additional Rent) to Landlord within ten (10) days after Tenant's receipt of each such invoice. The following formula shall be used to determine the invoice amount for Tenant's excess electrical usage in the Premises: Invoice Amount = Total Electrical Costs Per Check Meter - [(Tenant's Proportionate Share x Premises Electrical Expense Stop) x (Number of Days in Period a Number of Days in Year)] For example, presuming (for purposes of this illustration only) that the Premises Net Rentable Area is 10,000 square feet, that the Check Meter indicates $2,000.00 of electricity was supplied to the Premises during a given 90-day period and that the calendar year in which such 90-day period falls contains 365 days, Landlord shall be entitled hereunder to send an invoice to Tenant in the amount of $321.28 for excess electrical usage in the Premises during such 90-day period, computed as follows: Invoice Amount = $2,000.00 - [.025 x $272,300.00) x (90/365)] = $2,000.00 -[$6,807.50 x .2466] = $2,000.00 - $1,628.72 = $321.28 In computing invoices to be sent to Tenant for electricity supplied to the Premises through the Check Meter, Landlord shall use the same billing rate and structure as used by the local electrical utility company. Additionally, with regard to any period of time that Landlord elects to use a Check Meter to bill Xxxant for excess electricity supplied to the Premises, Landlord also shall use a Check Meter to bill xxxer tenants in the Building for excess electricity supplied to their respective premises; and in such case, the cost of electricity supplied to the Premises and to other premises in the Building for which Landlord separately bills Tenant and other tenants in the Building (i.e. such electrical costs that exceed the Electrical Expense Stop) shall not be included in Basic Costs hereunder, Landlord shall be entitled to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage in the Premises quarterly or annually, as determined by Landlord from time to time during the Lease Term.

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises (except for electricity to perimeter and core HVAC units serving the Premises) shall be paid for by a separate charge billed directly to Tenant by Landlord will installand payable by Tenant as Additional Base Rental. Such billing shall be based upon the average bulk rate per kilowatt hour per billing period paid by Landlord for electricity furnished to the Building for the period in question, at Landlord's sole plus a reasonable administrative fee (not to exceed 5%) for the cost of reading the meter in the Premises and expensebilling Tenant for the cost of any such electricity. To the extent such work has not already been performed, an electrical Tenant shall be required to install a demand watt hour check meter (a "Check Meter ") for in the Premises as part of the Initial Alterations to measure the amount of electricity that is consumed by Tenant Improvementsin the Premises. It is anticipated that the Check Meter will measure all electricity supplied to the Premises (i) to operate lights and light fixtures therein, (ii) to operate equipment and fixtures that are connected to electrical outlets therein and (iii) to operate any HVAC system or unit that exclusively serves the Premises (or any portion thereof) [the base Building HVAC for a single tenant floor shall not be deemed exclusively serving tenant premises]. As contemplated in Paragraph 8(c) herein, Landlord shall pay the local electrical utility company prior to delinquency be responsible for the electricity supplied to the Premises through the Check Meter. Provided, however, in the event the amount paid by Landlord to the local electrical utility company for electricity supplied to the Premises (as measured by the Check Meter) for any given period of time is greater than the allocable portion of the Premises Electrical Expense Stop (allocated to the Premises for the relevant period of time), Landlord may submit an invoice to reading such meter and billing Tenant periodically for the cost of electricity consumed as measured by such meter. Tenant's use of electrical service in the Premises shall not exceed seven (7) xxxxx per usable square foot for lighting and power. In the event Tenant shall consume (or request that it be allowed to consume) electrical service in excess of seven (7) xxxxx per usable square foot, Landlord shall provide such excess electricity supplied usage (provided Tenant agrees to pay for any required 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 of such service upgrades shall be paid for by Tenant as Additional Base Rental. Notwithstanding anything herein to the contrary, Landlord hereby represents and agrees that the core and perimeter HVAC units serving the Premises shall not be connected to the electrical meter for the Premises. Any supplemental HVAC units installed by or for Tenant shall, however, be connected to Tenant's electrical meter and Tenant shall pay the full invoiced amount (as Additional Rent) to Landlord within ten (10) days after Tenant's receipt of each such invoice. The following formula shall be used to determine the invoice amount responsible for Tenant's excess electrical usage in the Premises: Invoice Amount = Total Electrical Costs Per Check Meter - [(Tenant's Proportionate Share x Premises Electrical Expense Stop) x (Number of Days in Period a Number of Days in Year)] For example, presuming (for purposes of this illustration only) that the Premises Net Rentable Area is 10,000 square feet, that the Check Meter indicates $2,000.00 of electricity was supplied to the Premises during a given 90-day period and that the calendar year in which such 90-day period falls contains 365 days, Landlord shall be entitled hereunder to send an invoice to Tenant in the amount of $321.28 for excess electrical usage in the Premises during such 90-day period, computed as follows: Invoice Amount = $2,000.00 - [.025 x $272,300.00) x (90/365)] = $2,000.00 -[$6,807.50 x .2466] = $2,000.00 - $1,628.72 = $321.28 In computing invoices to be sent to Tenant for electricity supplied to the Premises through the Check Meter, Landlord shall use the same billing rate and structure as used by the local electrical utility company. Additionally, with regard to any period of time that Landlord elects to use a Check Meter to bill Xxxant for excess electricity supplied to the Premises, Landlord also shall use a Check Meter to bill xxxer tenants in the Building for excess electricity supplied to their respective premises; and in such case, the cost of all electricity supplied to consumed in connection with the Premises and to other premises in the Building for which Landlord separately bills Tenant and other tenants in the Building (i.e. operation of such electrical costs that exceed the Electrical Expense Stop) shall not be included in Basic Costs hereunder, Landlord shall be entitled to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage in the Premises quarterly or annually, as determined by Landlord from time to time during the Lease Termsupplemental HVAC unit(s).

Use of Electrical Services by Tenant. Landlord will installA. Electricity used by Tenant in the Premises shall, at Landlord's sole option, be paid for by Tenant either: (1) through inclusion in Expenses (except as provided in Section 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 expensestranded cost charges. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, an to aggregate the electrical check meter 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 (a "Check Meter "if permitted by Law) for the Premises as part selection of utility companies and the Tenant Improvements. It is anticipated negotiation and administration of contracts for electricity, provided that the Check Meter will measure all electricity supplied to the Premises (i) to operate lights and light fixtures therein, (ii) to operate equipment and fixtures that are connected to electrical outlets therein and (iii) to operate such fee during any HVAC system or unit that exclusively serves the Premises (or any portion thereof) [the base Building HVAC for a single tenant floor particular calendar year shall not be deemed exclusively serving tenant premises]. As contemplated in Paragraph 8(c) herein, Landlord shall pay the local electrical utility company prior to delinquency for the electricity supplied to the Premises through the Check Meter. Provided, however, in the event the amount paid exceed 50% of any savings obtained by Landlord with respect to the local electrical utility company for electricity supplied to the Premises (as measured by the Check Meter) for any given period of time is greater than the allocable portion of the Premises Electrical Expense Stop (allocated to the Premises for the relevant period of time)such calendar year. In addition, if Landlord may submit an invoice to bills Tenant periodically directly for the cost of such excess electricity supplied to the Premises and Tenant shall pay the full invoiced amount (as an inclusion in Expenses or as Additional Rent) to Landlord within ten (10) days after Tenant's receipt of each such invoice. The following formula shall be used to determine the invoice amount for Tenant's excess electrical usage in the Premises: Invoice Amount = Total Electrical Costs Per Check Meter - [(Tenant's Proportionate Share x Premises Electrical Expense Stop) x (Number of Days in Period a Number of Days in Year)] For example, presuming (for purposes of this illustration only) that the Premises Net Rentable Area is 10,000 square feet, that the Check Meter indicates $2,000.00 of electricity was supplied to the Premises during a given 90-day period and that the calendar year in which such 90-day period falls contains 365 days, Landlord shall be entitled hereunder to send an invoice to Tenant in the amount of $321.28 for excess electrical usage in the Premises during such 90-day period, computed as follows: Invoice Amount = $2,000.00 - [.025 x $272,300.00) x (90/365)] = $2,000.00 -[$6,807.50 x .2466] = $2,000.00 - $1,628.72 = $321.28 In computing invoices to be sent to Tenant for electricity supplied to the Premises through the Check Meter, Landlord shall use the same billing rate and structure as used by the local electrical utility company. Additionally, with regard to any period of time that Landlord elects to use a Check Meter to bill Xxxant for excess electricity supplied to the Premises, Landlord also shall use a Check Meter to bill xxxer tenants in the Building for excess electricity supplied to their respective premises; and in such case, the cost of electricity supplied may include (if permitted by Law) an administrative fee to reimburse Landlord for the Premises cost of reading meters, preparing invoices and to other premises related costs, which administrative fee shall not exceed 15% of "Tenant's Total Excess Electricity Cost", which shall mean the cost of Tenant's Excess Electricity Usage (as defined in X.B. below), based upon Landlord's average per kilowatt hour cost for electricity for the Building for which Landlord separately bills Tenant and other tenants Building. However, in no event will Tenant's Total Excess Electricity Cost, plus the Building (i.e. such electrical costs that foregoing fee, exceed the Electrical Expense Stop) shall not be included in Basic Costs hereundercost which Tenant would incur for Tenant's Excess Electricity Usage if it were a direct retail customer of Georgia Power Company or its successors, Landlord shall be entitled to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage in based upon the Premises quarterly or annually, as determined by Landlord from time to time during tariffs that have been publicly filed with the Lease TermGeorgia Public Service Commission.

Use of Electrical Services by Tenant. All electricity used by Tenant in the Premises shall be paid for by Tenant by a separate charge billed directly to Tenant by Landlord will installbased on Landlord’s good faith estimate of Tenant’s use of electricity in the 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 during the Lease Term, Landlord shall furnish to Tenant a statement of Tenant’s 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 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 refund to Tenant any overpayment (or at Landlord’s option apply such amount against Additional Rent due or to become due hereunder). Likewise, Tenant shall pay to Landlord, within thirty (30) days after Landlord’s written demand, any underpayment with respect to the prior year whether or not the Lease has terminated prior to receipt by Tenant of a statement for such underpayment, it being understood that this clause shall survive the expiration 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 Landlord's 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, an electrical install a check meter in (a "Check Meter "a) for the Premises as part of the Tenant Improvements. It is anticipated that the Check Meter will measure all electricity supplied First Additional Space prior to the Premises (i) to operate lights and light fixtures thereinFirst Additional Space Rent Commencement Date, (ii) to operate equipment and fixtures that are connected to electrical outlets therein and (iiib) the Second Additional Space prior to operate any HVAC system or unit that exclusively serves the Premises (or any portion thereof) [Second Additional Space Commencement Date. Tenant shall have the base Building HVAC for right, at its sole cost and expense, to require Landlord to install a single tenant floor shall not be deemed exclusively serving tenant premises]. As contemplated check meter in Paragraph 8(c) hereinthe Original Premises, which Landlord shall pay the local electrical utility company prior to delinquency for the electricity supplied to the Premises through the Check Meterdo promptly following Tenant’s request therefor. Provided, however, in In the event the amount paid by Landlord to the local electrical utility company for electricity supplied to the Premises (as measured by the Check Meter) for that any given period of time is greater than the allocable portion of the Premises Electrical Expense Stop (allocated to the Premises for the relevant period of is not check-metered from time)-to-time, Landlord may submit an invoice to Tenant periodically for the cost of such excess electricity supplied to the Premises and then Tenant shall pay the full invoiced amount (as Additional Rent) to Landlord within ten (10) days after Tenant's receipt for its electricity usage based on Landlord’s engineer’s reasonable estimate of each such invoice. The following formula shall be used to determine the invoice amount for Tenant's excess electrical usage in the Premises: Invoice Amount = Total Electrical Costs Per Check Meter - [(Tenant's Proportionate Share x Premises Electrical Expense Stop) x (Number of Days in Period a Number of Days in Year)] For example, presuming (for purposes of this illustration only) that the Premises Net Rentable Area is 10,000 square feet, that the Check Meter indicates $2,000.00 of electricity was supplied to the Premises during a given 90-day period and that the calendar year in which such 90-day period falls contains 365 days, Landlord shall be entitled hereunder to send an invoice to Tenant in the amount of $321.28 for excess electrical usage in the Premises during such 90-day period, computed as follows: Invoice Amount = $2,000.00 - [.025 x $272,300.00) x (90/365)] = $2,000.00 -[$6,807.50 x .2466] = $2,000.00 - $1,628.72 = $321.28 In computing invoices to be sent to Tenant for electricity supplied to the Premises through the Check Meter, Landlord shall use the same billing rate and structure as used by the local electrical utility company. Additionally, with regard to any period of time that Landlord elects to use a Check Meter to bill Xxxant for excess electricity supplied to the Premises, Landlord also shall use a Check Meter to bill xxxer tenants in the Building for excess electricity supplied to their respective premises; and in such case, the cost of electricity supplied to the Premises and to other premises in the Building for which Landlord separately bills Tenant and other tenants in the Building (i.e. such electrical costs that exceed the Electrical Expense Stop) shall not be included in Basic Costs hereunder, Landlord shall be entitled to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage in the Premises quarterly or annually, as determined by Landlord from time to time during the Lease Termusage.

Use of Electrical Services by Tenant. Landlord will install, at Landlord's sole cost and expense, install an electrical check meter (a "Check Meter ") for the Premises as part of the Tenant Improvements. It is anticipated that the Check Meter will measure all electricity supplied to the Premises (i) to operate lights and light fixtures therein, (ii) to operate equipment and fixtures that are connected to electrical outlets therein and (iii) to operate any HVAC system or unit that exclusively serves the Premises (or any portion thereof) [the base Building HVAC for a single tenant floor shall not be deemed exclusively serving tenant premises]). As contemplated in Paragraph 8(c) herein, Landlord shall pay the local electrical utility company prior to delinquency for the electricity supplied to the Premises through the Check Meter. Provided, however, in the event the amount paid by Landlord to the local electrical utility company for electricity supplied to the Premises (as measured by the Check Meter) for any given period of time is greater than the allocable portion of the Premises Electrical Expense Stop (allocated to the Premises for the relevant period of time), Landlord may submit an invoice to Tenant periodically for the cost of such excess electricity supplied to the Premises and Tenant shall pay the full invoiced amount (as Additional Rent) to Landlord within ten (10) days after Tenant's receipt of each such invoice. The following formula shall be used to determine the invoice amount for Tenant's excess electrical usage in the Premises: Invoice Amount = Total Electrical Costs Per Check Meter - [(Tenant's Proportionate Share x Premises Electrical Expense Stop) x (Number of Days in Period a ) Number of Days in Year)] For example, presuming (for purposes of this illustration only) that the Premises Net Rentable Area is 10,000 square feet, that the Check Meter indicates $2,000.00 of electricity was supplied to the Premises during a given 90-day period and that the calendar year in which such 90-day period falls contains 365 days, Landlord shall be entitled hereunder to send an invoice to Tenant in the amount of $321.28 for excess electrical usage in the Premises during such 90-day period, computed as follows: Invoice Amount = $2,000.00 - [.025 x $272,300.00) x (90/36590 ) 365)] = $2,000.00 -[$6,807.50 x .2466] = $2,000.00 - $1,628.72 1,678.73 = $321.28 321.27 In computing invoices to be sent to Tenant for electricity supplied to the Premises through the Check Meter, Landlord shall use the same billing rate and structure as used by the local electrical utility company. Additionally, with regard to any period of time that Landlord elects to use a Check Meter to bill Xxxant for excess electricity supplied to the Premises, Landlord also shall use a Check Meter to bill xxxer tenants in the Building for excess electricity supplied to their respective premises; and in such case, the cost of electricity supplied to the Premises and to other premises in the Building for which Landlord separately bills Tenant and other tenants in the Building (i.e. such electrical costs that exceed the Electrical Expense Stop) shall not be included in Basic Costs hereunder, Landlord shall be entitled to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage in the Premises quarterly monthly, quarterly, annually or annuallyotherwise, as determined by Landlord from time to time during the Lease Term.

Use of Electrical Services by Tenant. Landlord will install, at Landlord's sole cost and expense, an electrical check meter (a "Check Meter ") for All electricity used by Tenant in the Premises as part shall be paid for by Tenant by a separate charge billed directly to Tenant by Landlord based on Landlord’s good faith estimate of the Tenant Improvements. It is anticipated that the Check Meter will measure all Tenant’s use of electricity supplied to in the Premises and payable by Tenant as Additional Rent within thirty (i30) to operate lights and light fixtures therein, (ii) to operate equipment and fixtures that are connected to electrical outlets therein and (iii) to operate any HVAC system or unit that exclusively serves the Premises (or any portion thereof) [the base Building HVAC for a single tenant floor shall not be deemed exclusively serving tenant premises]days after billing. As contemplated in Paragraph 8(c) hereinsoon as is practical following the end of each calendar year during the Lease Term, Landlord shall pay the local electrical utility company prior furnish to delinquency for the Tenant a statement of Tenant’s actual use of electricity supplied to the Premises through the Check Meter. Provided, however, in the event the amount paid by Landlord to the local electrical utility company for electricity supplied to the Premises (as measured by the Check Meter) for any given period of time is greater than the allocable portion of the Premises Electrical Expense Stop (allocated to the Premises for the relevant period previous calendar year based upon Landlord’s reading of time)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 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 may submit an invoice shall refund to Tenant periodically for the cost of any overpayment (or at Landlord’s option apply such excess electricity supplied amount against Additional Rent due or to the Premises and become due hereunder). Likewise, Tenant shall pay the full invoiced amount to Landlord, within thirty (as Additional Rent) to Landlord within ten (1030) days after Tenant's receipt of each such invoice. The following formula shall be used to determine the invoice amount for Tenant's excess electrical usage in the Premises: Invoice Amount = Total Electrical Costs Per Check Meter - [(Tenant's Proportionate Share x Premises Electrical Expense Stop) x (Number of Days in Period a Number of Days in Year)] For exampleLandlord’s written demand, presuming (for purposes of this illustration only) that the Premises Net Rentable Area is 10,000 square feet, that the Check Meter indicates $2,000.00 of electricity was supplied any underpayment with respect to the Premises during prior year whether or not the Lease has terminated prior to receipt by Tenant of a given 90-day period and statement for such underpayment, it being understood that this clause shall survive the calendar year in which such 90-day period falls contains 365 days, expiration of the Lease. Landlord shall be entitled hereunder to send an invoice to Tenant in have the amount of $321.28 for excess electrical usage in the Premises during such 90right at any time and from time-day period, computed as follows: Invoice Amount = $2,000.00 - [.025 x $272,300.00) x (90/365)] = $2,000.00 -[$6,807.50 x .2466] = $2,000.00 - $1,628.72 = $321.28 In computing invoices to be sent to Tenant for electricity supplied to the Premises through the Check Meter, Landlord shall use the same billing rate and structure as used by the local electrical utility company. Additionally, with regard to any period of time that Landlord elects to use a Check Meter to bill Xxxant for excess electricity supplied to the Premises, Landlord also shall use a Check Meter to bill xxxer tenants in the Building for excess electricity supplied to their respective premises; and in such case, the cost of electricity supplied to the Premises and to other premises in the Building for which Landlord separately bills Tenant and other tenants in the Building (i.e. such electrical costs that exceed the Electrical Expense Stop) shall not be included in Basic Costs hereunder, Landlord shall be entitled to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage in the Premises quarterly or annually, as determined by Landlord from time to to-time during the Lease TermTerm 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. Landlord will installAll electricity used by Tenant in the Premises shall, at Landlord's sole cost option, be paid for by Tenant either: (1) through inclusion in Base Rental and expense, an electrical check meter Basic Costs (except as provided in this Article below with respect to excess usage); or (2) by a "Check Meter ") for the Premises as part of the separate charge billed directly to Tenant Improvements. It is anticipated that the Check Meter will measure all electricity supplied to the Premises (i) to operate lights and light fixtures therein, (ii) to operate equipment and fixtures that are connected to electrical outlets therein and (iii) to operate any HVAC system or unit that exclusively serves the Premises (or any portion thereof) [the base Building HVAC for a single tenant floor shall not be deemed exclusively serving tenant premises]. As contemplated in Paragraph 8(c) herein, Landlord shall pay the local electrical utility company prior to delinquency for the electricity supplied to the Premises through the Check Meter. Provided, however, in the event the amount paid by Landlord to the local electrical utility company for electricity supplied to the Premises (as measured and payable by the Check Meter) for any given period of time is greater than the allocable portion of the Premises Electrical Expense Stop (allocated to the Premises for the relevant period of time), Landlord may submit an invoice to Tenant periodically for the cost of such excess electricity supplied to the Premises and Tenant shall pay the full invoiced amount (as Additional Rent) to Landlord Base Rental within ten (10) days after Tenant's receipt of each 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 invoiceutility company(ies). The following formula shall be used to determine the invoice amount for Tenant's excess It is understood that electrical usage in the Premises: Invoice Amount = Total Electrical Costs Per Check Meter - [(Tenant's Proportionate Share x Premises Electrical Expense Stop) x (Number of Days in Period a Number of Days in Year)] For example, presuming (for purposes of this illustration only) that the Premises Net Rentable Area is 10,000 square feet, that the Check Meter indicates $2,000.00 of electricity was supplied service to the Premises during a given 90-day period may be furnished by one or more companies providing electrical generation, transmission and/or distribution services and that the calendar year cost of electricity may be billed as a single charge or divided into and billed in which a variety of categories such 90-day period falls contains 365 daysas distribution charges, transmission charges, generation charges, public good charges or other similar categories. Landlord shall be entitled hereunder have the exclusive right to send an invoice to Tenant in select the amount of $321.28 for excess company(ies) providing electrical usage in the Premises during such 90-day period, computed as follows: Invoice Amount = $2,000.00 - [.025 x $272,300.00) x (90/365)] = $2,000.00 -[$6,807.50 x .2466] = $2,000.00 - $1,628.72 = $321.28 In computing invoices to be sent to Tenant for electricity supplied 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 Check Meterproviders and/or manner of purchasing electricity from time to time. In addition, if Landlord shall use bills Tenant directly for the same billing rate and structure cost of electricity as used by the local electrical utility company. Additionally, with regard to any period of time that Landlord elects to use a Check Meter to bill Xxxant for excess electricity supplied to the Premises, Landlord also shall use a Check Meter to bill xxxer tenants in the Building for excess electricity supplied to their respective premises; and in such caseAdditional Base Rental, the cost of electricity supplied may include (if permitted by law) a reasonable, market standard administrative fee to reimburse Landlord for the Premises cost of reading meters, preparing invoices and to other premises in the Building for which Landlord separately bills Tenant and other tenants in the Building (i.e. such related costs. Tenant's use of electrical costs that exceed the Electrical Expense Stop) shall not be included in Basic Costs hereunder, Landlord shall be entitled to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage service in the Premises quarterly shall not exceed either in voltage, rated capacity, use beyond Normal Business Hours or annuallyoverall load of 300 amps for floors 2 through 17 and 125 amps for the Lobby/Branch Space. In the event Tenant shall consume (or request that it be allowed to consume) electrical service in excess of the load referenced herein, Landlord may refuse to consent to such excess usage or may condition its consent to such excess usage upon such conditions as determined Landlord reasonably elects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and the actual cost of all such additional usage (to the extent permitted by Landlord from time to 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. Notwithstanding anything in this Article 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.

Use of Electrical Services by Tenant. Landlord will installA. All electricity used by Tenant for ground floor space in the Premises shall be paid for by Tenant 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 parties acknowledge that all suites comprising the Premises are separately sub-metered or metered for electricity and shall remain separately metered during the Lease Term. Tenant, at Landlord's its sole cost and expense, an electrical check meter (a "Check Meter ") for shall connect to and use the Premises as part of the Tenant Improvements. It is anticipated that the Check Meter will measure all electricity supplied to the Premises (i) to operate lights and light fixtures therein, (ii) to operate equipment and fixtures that are connected to electrical outlets therein and (iii) to operate any HVAC system or unit that exclusively serves the Premises (or any portion thereof) [the base Building HVAC for a single tenant floor shall not be deemed exclusively serving tenant premises]. As contemplated existing meters in Paragraph 8(c) herein, Landlord shall pay the local electrical utility company prior to delinquency for the electricity supplied to the Premises through the Check Meter. Provided, however, in the event the amount paid by Landlord to the local electrical utility company for electricity supplied to the Premises (as measured by the Check Meter) for any given period of time is greater than the allocable portion of the Premises Electrical Expense Stop (allocated to the Premises for the relevant period of time), Landlord may submit an invoice to Tenant periodically for the cost of such excess electricity supplied to the Premises and shall contract directly with the such providers of such services as Tenant shall pay elect (each being an “Electric Service Provider”). Landlord shall cooperate with Tenant, and the full invoiced amount (applicable Electric Service Provider, at all times and, as Additional Rent) reasonably necessary, shall allow 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 within ten (10) days after Tenant's receipt shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of each such invoice. The following formula shall be used to determine the invoice amount for Tenant's excess electrical usage any change, failure, interference, disruption, or defect in the Premises: Invoice Amount = Total Electrical Costs Per Check Meter - [(Tenant's Proportionate Share x Premises Electrical Expense Stop) x (Number supply or character of Days in Period a Number of Days in Year)] For example, presuming (for purposes of this illustration only) that the Premises Net Rentable Area is 10,000 square feet, that the Check Meter indicates $2,000.00 of electricity was supplied to the Premises during a given 90-day period and that the calendar year in which such 90-day period falls contains 365 days, Landlord shall be entitled hereunder to send an invoice to Tenant in the amount of $321.28 for excess electrical usage in the Premises during such 90-day period, computed as follows: Invoice Amount = $2,000.00 - [.025 x $272,300.00) x (90/365)] = $2,000.00 -[$6,807.50 x .2466] = $2,000.00 - $1,628.72 = $321.28 In computing invoices to be sent to Tenant for electricity supplied to the Premises through the Check Meter, Landlord shall use the same billing rate and structure as used by the local electrical utility company. Additionally, with regard to any period of time that Landlord elects to use a Check Meter to bill Xxxant for excess electricity supplied electric energy furnished to the Premises, Landlord also 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 use a Check Meter constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to bill xxxer tenants 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 the Building for excess electricity supplied to their respective premises; and in such caseany thirty (30) day period, the cost of electricity supplied to the Premises and to other premises in the Building for which Landlord separately bills then Tenant and other tenants in the Building (i.e. such electrical costs that exceed the Electrical Expense Stop) shall not be included in Basic Costs hereunder, Landlord shall be entitled to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage in the Premises quarterly a complete abatement of Base Rent, Additional Rent and other charges due hereunder until such time as such change, failure, defect, unavailability, or annuallyunsuitability shall cease, as determined by Landlord from time to time during the Lease Termand Landlord, at its sole costs and expense, will promptly restore or correct such change, failure, defect, unavailability, or unsuitability.