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, plus a reasonable administrative fee (not to exceed 5%) for the cost of reading the meter in the Premises and billing Tenant for the cost of any such electricity. To the extent such work has not already been performed, Tenant shall be required to install a demand watt hour check meter in the Premises as part of the Initial Alterations to measure the amount of electricity that is consumed by Tenant in the Premises. Landlord shall be responsible for reading such meter and billing Tenant 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 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 be responsible for the cost of all electricity consumed in connection with the operation of such supplemental HVAC unit(s). 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 separately metered charges therefor, provided, however, that if the cost of providing electricity is not included in Base Rental or Basic Costs, 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 that within such thirty (30) day period Landlord connects the Building and Premises with another adequate source of electric supply at Landlord's sole cost and expense. Xll. Entry by Landlord, an electrical check meter Landlord and its agents or representatives shall have the right to enter the Premises to inspect the same, or to show the Premises to prospective purchasers, mortgagees, tenants (a "Check Meter "during the last twelve months of the Lease Term) or insurers, or to clean or make repairs, alterations or additions thereto, including any work that Landlord deems necessary for the Premises as part safety, protection or preservation of the Tenant Improvements. It is anticipated that the Check Meter will measure all electricity supplied Building or any occupants thereof, or to facilitate repairs, alterations or additions to the Premises Building or any other tenants' premises. Notwithstanding the foregoing, Landlord, without the consent of Tenant, shall not perform any alterations or additions to or in the Premises, unless Landlord, in its reasonable judgment, determines that such additions (i) to operate lights will increase the 18 safety and light fixtures thereinsecurity of the Building, (ii) will be beneficial to operate equipment and fixtures that are connected to electrical outlets therein and the occupants of the Building in general, (iii) are necessary to operate comply with applicable laws, or (iv) will improve the operating efficiency of the Building. Except for any HVAC system entry by Landlord in an emergency situation or unit that exclusively serves to provide normal cleaning and janitorial service, Landlord shall provide Tenant with reasonable prior notice of any entry into the Premises, which notice may be given verbally. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right upon reasonable prior notice to Tenant to temporarily close the Premises (to perform repairs, alterations or any portion thereof) [additions in the base Building HVAC for a single tenant floor Premises, provided that Landlord shall use reasonable efforts to perform alt such work on weekends and after Normal Business Hours and to complete such work and "reopen" the Premises as quickly as possible. Landlord will also use reasonable efforts to perform work on weekends and after Normal Business Hours and to complete such work as quickly as possible if such work will cause an unreasonable disruption to the operation of Tenant's business in the Premises. Entry by Landlord hereunder shall not be deemed exclusively serving tenant premises]constitute a constructive eviction or except as otherwise provided herein, entitle Tenant to any abatement or reduction of Rent by reason thereof. As contemplated in Paragraph 8(c) Notwithstanding anything to the contrary contained herein, Landlord shall pay the local electrical utility company prior to delinquency for the electricity supplied to perform any entry into the Premises through in a manner that is reasonably designed to minimize any interference with Tenant's access to or use of the Check MeterPremises. Provided, however, in In the event the amount paid making of any such repair, alteration, improvement or addition shall cause the Premises to be inaccessible or unusable by Landlord Tenant, as determined in Tenant's reasonable judgment, for a period of three (3) days, then Base Rental and Additional Base Rental payable under the Lease shall xxxxx during the period beginning on the first (1st) day that the Premises, or portion thereof, are inaccessible or unusable and ending on the date on which the Premises, or applicable portion thereof, are once again accessible and usable by Tenant. if less than then the entire Premises are inaccessible or unusable by Tenant, any abatement hereunder shall be in proportion 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 percentage of the Premises Electrical Expense Stop (allocated to that are inaccessible or unusable. Notwithstanding the Premises for the relevant period of time)foregoing, 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 a partial abatement of Base Rental and Additional Base Rental hereunder unless at least ten percent (10%) of the Premises quarterly are rendered inaccessible or annually, as determined by Landlord from time to time during the Lease Termunusable.

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. A. All electricity consumed in the Premises for lighting and power shall be paid for by Tenant on a quarterly basis by a separate charge that is over and above the Base Rental and Additional Base Rental payable under the other provisions of this Lease. Such charge for electricity shall be based upon the amount of electricity consumed in the Premises during each such quarterly period as measured by a submeter installed in or about the Premises. Tenant shall pay such charge to Landlord will installas additional Rent within thirty (30) days after receipt of an invoice from Landlord setting forth such charge. Notwithstanding the foregoing, Tenant acknowledges that the portion of the Premises located on the third (3rd) floor is not currently submeter and that Landlord shall xxxx Tenant for electricity with respect to such space based upon Tenant's proportionate share of all spaces connected to the shared meter on the third (3rd) floor. Tenant shall have the right to review the readings on such shared meter and the manner in which Landlord allocates the electricity measured by such meter. In addition, Tenant shall have the right to install a submeter at Landlord's its sole cost and expense, an electrical check meter (a "Check Meter ") expense for the Premises as part purpose of measuring electricity consumed by Tenant in such third (3rd) floor space. From and after the Tenant Improvements. It is anticipated that the Check Meter will measure all installation of such submeter, Tenant's charge for 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 third (3rd) floor space shall be based upon the electricity supplied to the Premises through the Check Meter. Provided, however, consumed in the event the amount paid by Landlord to the local electrical utility company for electricity supplied to the Premises (such space as measured by the Check Meter) for any given period submeter. Tenant's use of time is greater than the allocable portion of electrical service in the Premises Electrical Expense Stop (allocated shall not exceed, either in voltage, rated capacity, use or overall load, that which Landlord deems to be standard for the Building. B. In addition to the Premises for the relevant period of time)electrical charges set forth in Section X.A. above, Landlord may submit an invoice to Tenant periodically for the cost of such excess electricity supplied to the Premises and Tenant shall pay for its Pro Rata Share of all electricity and gas consumed in connection with the full invoiced amount (as Additional Rent) to Landlord within ten (10) days after Tenant's receipt operation of each such invoicethe Building and Property, including, without limitation, all electricity and gas consumed in the operation of the Building HVAC system. 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 charge to be sent to paid by Tenant for electricity supplied to the Premises through the Check Meterunder this Section X.B. shall not, Landlord shall use the same billing rate and structure as used by the local electrical utility company. Additionallyhowever, 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, include the cost of electricity supplied provided to the Premises and to other individual tenant premises in the Building for which Landlord separately bills lighting and power. Tenant shall pay for its Pro Rata Share of all electricity and other tenants gas consumed in connection with the operation of the Building and Property on a quarterly basis by a separate charge that is over and above the Base Rental and Additional Base Rental payable under the other provisions of this Lease. Tenant shall pay such charge to Landlord as additional Rent within thirty (30) days after receipt of an invoice from Landlord setting forth such charge. Notwithstanding the foregoing, in no event shall the charge payable by Tenant for electricity and gas under this Section X.B. exceed the sum of thirty-two thousand five hundred twenty-four and 20/100 ($32,524.20) (i.e. such electrical costs that exceed the Electrical Expense Stop$1.80 per square foot) 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 any calendar year during the Lease Term.

Use of Electrical Services by Tenant. Landlord will installA. All 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 or Basic Costs; or (2) by a separate charge billed directly to Tenant by Landlord and expensepayable by Tenant as Additional Base Rental; or (3) by a separate charge billed by the utility company supplying electricity and payable by Tenant directly to such utility company. Tenant's use of electrical service in the Premises shall not exceed, an either in voltage, rated capacity, use 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 check service in excess of that deemed by Landlord to be standard for the Building, 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 Base Rental. Landlord shall have the right to separately meter (a "Check Meter ") electrical usage 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 at 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 TermTerm or to use any other method of measuring electrical usage that Landlord, in its reasonable judgment, deems to be appropriate. 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, provided, however, that if the cost of providing electricity is not included in Base Rental or Basic Costs, 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 with another source of electric supply.

Use of Electrical Services by Tenant. A. In addition to its obligation to pay Base Rent and Tenant’s Pro Rata Share of Basic Costs, Tenant shall pay to Landlord will install, at Landlord's sole cost and expense, an electrical check meter (during each calendar year during the Lease Term: a "Check Meter ") charge for the Premises as part provision by Landlord 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 “Electricity Charge”). The monthly Electricity Charge 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 based on Landlord’s reading 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 submeter measuring Tenant’s 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 - [, calculated at the then current rates of the Electric Service Provider (as defined below) supplying electricity to the Building. The Electricity Charge shall be charged to Tenant monthly and paid by Tenant along with Tenant's Proportionate Share x ’s monthly payment of Base Rent and Additional Rent. No delay by Landlord in billing Tenant for the Electricity Charge in any month during the Term shall limit or otherwise affect Landlord’s right to collect such sums from Tenant. If the Premises Electrical Expense Stop) x (Number are not submetered for electricity as of Days in Period a Number of Days in Year)] For example, presuming (for purposes the date of this illustration onlyLease, then Landlord will cause the space to be submetered for electricity, and the reasonable cost of purchasing and installing such meter will be borne by Tenant, except that if Landlord is granting an Allowance under the Work Letter Agreement attached hereto, then Tenant may apply such Allowance toward such costs of purchasing and installing such submeter. B. In the event that there shall be an increase or decrease in the rate schedule (including surcharges or demand adjustments), of the Electric Service Provider (hereinafter defined) that for the Premises Net Rentable Area is 10,000 square feet, that the Check Meter indicates $2,000.00 supply of electricity was supplied electrical service to the Premises during a given 90-day period and that Building, or the calendar year imposition of any tax with respect to such service or an increase in which any such 90-day period falls contains 365 daystax following the Commencement Date, the Additional Rent payable hereunder shall be adjusted to reflect the increase or decrease in rate or imposition or increase in the aforesaid tax. C. 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, and upon reasonable notice, 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 entitled hereunder to send an invoice to 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 amount supply or character 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, 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 this Lease. In the event the Electric Service Provider that furnishes electric energy to Landlord also for redistribution to Tenant declines to continue furnishing electric energy for that purpose, Landlord agrees to use commercially reasonable efforts to obtain a new Electric Service Provider, provided that if Landlord fails to secure such replacement after using diligent efforts, Landlord reserves the right to discontinue distributing electric service to Tenant at any time upon reasonable notice to Tenant. If Landlord exercises such right of termination, this Lease shall use a Check Meter to bill xxxer tenants continue in full force and effect after the Building for excess electricity supplied to their respective premises; and in effective date of such casetermination, the cost of electricity supplied to the Premises and to other premises in the Building for which Landlord separately bills but Tenant and other tenants in the Building (i.e. such electrical costs that exceed the Electrical Expense Stop) shall not be included obligated to pay Landlord for said electric service. If Landlord is unable to obtain electric service directly from the appropriate Electric Service Provider, after diligent efforts, Tenant may cancel this Lease. D. Tenant’s use of electrical services furnished by Landlord shall not exceed in Basic Costs hereundervoltage, 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 entitled paid for by Tenant as Additional Rent. The Premises are currently separately metered for electrical usage. Tenant shall pay to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage in Landlord the Premises quarterly or annuallyamount so consumed, as determined by Landlord from time said meter, calculated at the rate structure then existing of the Electric Service Provider supplying electrical energy to time during the Lease TermBuilding for Tenant’s consumption, as so measured. Said payment shall be due and payable, as Additional Rent, on the same day that the next monthly installment of Base Rent is due.

Use of Electrical Services by Tenant. Landlord will installA. To the extent not separately metered as of the Rent Commencement Date, Tenant, at Landlord's Tenant’s sole cost and expense, an electrical check meter (a "Check Meter ") will install separate meters 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 thereinnon-standard office equipment, (ii) to operate equipment and fixtures that are connected to electrical outlets therein and (iii) to operate including, without limitation, any HVAC system or unit that exclusively serves the Premises (or required in any portion thereof) [the base Building HVAC for a single tenant floor shall not be deemed exclusively serving tenant premises]computer server rooms. As contemplated in Paragraph 8(c) hereinLandlord may, Landlord shall pay the local electrical at Landlord’s election and at Tenant’s sole cost and expense, install separate meters to measure 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 consumption 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 . All separately metered utilities will be entitled hereunder to send an invoice separately billed 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 hereunderExpenses. Except as provided above, Landlord shall be entitled to bill Xxxant pursuant to this Paragraph 13 for excess electrical usage electricity used by Tenant in the Premises quarterly shall, at Landlord’s 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 annually(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 determined generation, distribution and stranded cost charges. Landlord shall have the exclusive right to select any company providing electrical service to the Premises, 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. B. Tenant’s use of electrical service 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. If 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 costs shall be paid by Tenant. Landlord from time shall have the right to time during separately meter electrical usage for the Lease TermPremises and to measure electrical usage by survey or other commonly accepted methods. Tenant’s configuration and use of the Premises does not exceed, either in voltage, rated capacity, use beyond Normal Business Hours or overall load, the standard for the Building.