Utility Charges. 18.01. Tenant shall pay all charges for gas, water, sewer, electricity, heat or other utility or service supplied to the Demised Premises as measured by meters relating to Tenant's use, and any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Building, Tenant shall pay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand.

Appears in 2 contracts

Samples: Lease Agreement (Childrens Place Retail Stores Inc), Lease (Kasper a S L LTD)

Utility Charges. ~~18.01~~(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas, heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the leased premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a "rent inclusion basis" without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation without taking into account any discounts such as volume consumption or energy conservation discounts. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may 0adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all ~~charges~~ of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for ~~gas~~payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, ~~water, sewer, electricity, heat~~ by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any lease year or ~~other utility or service supplied~~ calendar year shall be less than the actual amount due from Tenant pursuant to the ~~Demised Premises as measured by meters relating to Tenant's use, and any cost~~ provisions of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Buildingthis Section, Tenant shall pay to Landlord ~~on demand~~ the difference between the amount paid by Tenant and the actual amount due within ten (10) days after submission to Tenant of Landlord's statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant, the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant's ~~proportionate share~~ consumption of water, electricity or the like, and may require Tenant to remove any or all such meters upon Landlord's discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a separate exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall pay for such service pursuant to such exhibit. Notwithstanding the foregoing, Landlord and Tenant acknowledge that the leased premises are currently separately metered for electricity and Tenant's electrical charges ~~for utilities and/or services, which~~ shall be computed based upon such ~~charges multiplied by a fraction the numerator of which~~ separate metering. Tenant shall be ~~the Floor Space~~ entitled to employ an electrical engineer to survey its actual consumption of electricity in the ~~Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services~~leased premises. In the event ~~Landlord determines that~~ Tenant's ~~utilization~~ electrical engineer does not agree with the electrical consumption component of the charge set forth by Landlord pursuant to this Section 12.01, then upon notice from Tenant's engineer in writing to Landlord, which such notice shall set forth the engineer's findings with respect to Tenant's consumption of electrical service, Landlord shall be entitled either to accept such findings and adjust its charge prospectively or within thirty (30) days thereafter to advise Tenant in writing that it disagrees with such findings. Upon receipt of such notice from Landlord, Tenant shall be entitled either to accept Landlord's conclusion or both Landlord's and Tenant's electrical engineers shall within fifteen (15) days thereafter select a third electrical engineer who shall have access to both the leased premises and the Shopping Center for purposes of computation of Tenant's consumption of electrical service. Such independent electrical engineer shall render a decision within thirty (30) days after his appointment, which such decision shall be final and binding upon both Landlord and Tenant. It is understood and agreed, however, that Tenant shall be obligated to pay all charges billed by Landlord pursuant to this Section prior to and during the period of arbitration and until the independent electrical engineer's findings have been rendered in writing. It is further understood and agreed that, in the event Landlord shall furnish a check meter to compute actual usage, the results of such metering shall be final and conclusive with respect to charges billed pursuant to this Section." This paragraph shall not apply if the leased premises is located in Sunvalley. (b) In the event Landlord furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant's lighting and electrical equipment has been completely installed, Landlord may, at Landlord's sole option (and to the extent permitted by applicable regulations), cause a survey of Tenant's usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease which have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant's regular usage of electric current (that is, a change therein other than on a temporary basis) to request, by notice to the other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such ~~service exceeds~~ request occurs, the ~~fraction~~ redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or adjustment in such report shall be binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. Tenant agrees, on request of Landlord, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, ~~Tenant's proportionate share with respect~~ Tenant shall not without prior written notice to ~~such service shall, at~~ Landlord make any alterations in or additions to the electrical equipment and/or appliances in the leased premises. Tenant shall promptly execute a separate utility letter or utility agreement if requested by Landlord or by the applicable utility company. (c) Any furnishing by Landlord of electric current to the leased premises shall be limited to the extent of the capacity of Landlord's ~~option~~existing feeders, ~~mean~~ switches, risers, wiring installations and other electrical system serving the ~~percentage of any such service~~ leased premises (~~but not less than~~ the ~~fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof~~"electric distribution system"). Tenant ~~expressly~~ agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of ~~electric energy in the Demised Premises shall not~~ electrical current will at ~~any~~ no time exceed the capacity of ~~any of~~ the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution ~~system or~~ system, and that Tenant will not make any alteration or addition to the electric distribution system without Landlord's prior written consent in each instance. (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant's existing electrical requirements exceeds the capacity of the ~~Demised Premises existing on~~ electric distribution system, then, provided that Landlord shall have consented in writing to such connections or installations, Landlord, upon the ~~Commencement Date. Should Landlord grant such consent~~written request of Tenant and at the sole cost and expense of Tenant, will install any additional riser or risers (and all ~~additional risers or~~ other equipment necessary and proper in connection therewith) to supply Tenant's electric requirements, but only if such riser or risers (and such other equipment) are necessary to supply Tenant with the electric current required ~~therefor~~ by it and will not cause permanent damage or injury to the leased premises or the regional retail development of which the leased premises form a part or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, expense or interference with or disturbance of other tenants or occupants of the regional retail development. Notwithstanding any provisions contained in this Section 12.01, Landlord shall not be obligated to provide any new utility services or increased utility capacities to the leased premises to the extent that the leased premises shall have been previously occupied by another tenant, and, if the leased premises have not been previously occupied, Landlord shall not be obligated to provide any utility services or utility capacities other than as specifically set forth in Exhibit B. Tenant shall promptly advise Landlord of any increase in Tenant's connected load to the electric distribution system. Any additional utility services or any increase in utility capacities beyond that in existence if the leased premises shall have been previously occupied (or beyond the specifications set forth in Exhibit B if the leased premises have not been previously occupied) shall be subject to the prior written approval of Landlord, and such additional services or capacities shall be provided at the sole cost and expense of Tenant. (e) Tenant agrees further to provide and install, at Tenant's sole cost and expense, all lamps, tubes, bulbs, stainers, ballasts, transformers and the like items used or required in the leased premises. (f) At any time during the term hereof, Landlord may, upon the thirty (30) days' prior written notice to Tenant, discontinue furnishing electric current (or such other utility being furnished by Landlord) to the leased premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, except that the minimum rent reserved herein shall be reduced by the amount then being paid by Tenant on account of Landlord's service of electricity (or such other utility) to the leased premises, determined as provided above (as the same may have been adjusted from time to time pursuant to other provisions of this Article), and Landlord shall no longer be obligated to furnish electric current (or such other utility) to the leased premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current (or other utility) to the leased premises, Tenant may contract for and receive such electric current (or such other utility) directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant's sole cost, to use Landlord's risers, wiring and electric installations (or other utility conduits, as applicable) then serving the leased premises for such purpose to the extent that the same are available, suitable and may be safely so used consistent with concurrent and anticipated future use by Landlord and other tenants. (g) If at any time after the ~~cost thereof~~ date hereof, the electrical energy rates (or other utility; step) as filed by the public utility corporation then serving the Shopping Center shall be reduced or increased, or any tax shall be imposed thereon (or subsequently increased or decreased), then the minimum rent reserved herein shall be equitably adjusted as of the first day of the month next following the effective date of such rate change to reflect the resulting reduction or increase in the value of Landlord's service of providing Tenant with electric current (or other utility service) on a rent inclusion basis, but in no event shall the minimum rent be reduced below the amount stated in Article 11 hereof. (h) Notwithstanding any other provisions of this Lease, the value of, or (as applicable) the rate for, each utility furnished by Landlord, which utility shall be subject to regulation by a public agency, shall be computed for the purposes of this Lease in accordance with the rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility company serving the Shopping Center without taking into account any discounts such as volume consumption or energy conservation discounts (subject to any separate rate schedules for utility services as may be included in the exhibits to this Lease). The value of, or (as applicable) the rate for, any nonregulated utility service provided by Landlord shall be computed at the prevailing rates which would be paid by Tenant for direct comparable service from contractors in the local area, except to the extent that specific rates are otherwise set forth in this Lease. The public utility corporation referred to in this Section 12.01 shall be the utility company named in Exhibit C attached hereto (if any), or the successor to such company or such other company designated by Landlord. (i) Landlord ~~on demand~~shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the quality or character of utilities used upon or furnished to the leased premises are no longer available or suitable for Tenant's requirements, or if said utilities are interrupted as a result of actions by the public utility companies or any other cause and no such change, interruption, or cessation of service shall constitute an eviction of Tenant. In the event the supply of electricity to the leased premises is continuously interrupted for a period of over seventy-two (72) hours and such interruption in service is caused solely by the negligence of Landlord and, in fact forces Tenant to cease operations within the leased premises, then, from and after such seventy-two (72) hour period, and as Tenant's sole remedy, Tenant shall be entitled to an abatement of minimum rent due under this Lease until the date upon which electrical service to the leased premises is restored. (j) Any obligation of Landlord to furnish light, heat, conditioned air, or power or any utility service shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting, air conditioning or other utility services within the regional retail development, including without limitation, the leased premises and the common areas, as required by any mandatory or voluntary fuel or energy saving allocation, or any similar statute, regulation, order or program without such action diminishing Tenant's obligations hereunder.

Appears in 1 contract

Samples: Lease Agreement (Silver Diner Inc /De/)

Utility Charges. ~~18.01~~Landlord and Tenant acknowledge the existence or availability of the following utility service connections to the Building and Demised Premises: gas, electricity, and water/sewer (the “Landlord Utilities”). Tenant shall ~~pay all charges~~ be responsible, at its sole cost and expense, for ~~gas, water, sewer, electricity, heat or other utility or service supplied~~ the installation and connection to the Demised Premises ~~as measured~~ of all other utility services (telephone/fiber/data cables, etc.) that it may from time-to-time require (the “Tenant Utilities”), provided, that Landlord shall (i) reasonably cooperate with Tenant’s efforts to arrange for the Tenant Utilities to be brought to the Demised Premises by ~~meters relating~~ the applicable utility service provider(s), and (ii) allow Tenant to make reasonable use of the Exterior Utility Line conduits so that the Tenant Utilities may be brought to the Demised Premises, subject, however, to Tenant~~'s use,~~ ’s obligations as set forth in Sections 3(D) and ~~any cost~~ to the requirements for removal of ~~repair, maintenance, replacement, and reading~~ Tenant’s Cabling as set forth in Section 3(F) of ~~any meters measuring Tenant's consumption thereof~~the Lease. ~~If any utilities~~ Landlord shall bring all Landlord Utilities to the Demised Premises or ~~services are not separately metered or assessed or are only partially separately metered or assessed and are used~~ to the appropriate meter room in ~~common with other tenants or occupants of~~ the Building, ~~Tenant shall pay to~~ as the case may be, and Landlord ~~on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in~~ Utilities serving the Demised Premises will be separately metered (in the case of gas) or sub-metered (in the case of electricity and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, water/sewer usage) at Landlord~~'s option, mean~~ ’s sole cost and expense. During the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric serviceentire term hereof, Tenant shall ~~not~~pay, ~~without Landlord's prior consent~~ either to the supplying utility company or to the Landlord (in ~~each instance (which shall not be unreasonably withheld~~the case of sub-metered utilities), ~~connect~~ all utility charges and costs of utility services of any ~~fixtures~~and every kind and nature, ~~appliances~~ including, but not limited to gas, oil, water, sewer service, heat, power, fuel, telephone service and electricity, arising out of or ~~equipment to~~ connected with the ~~Building's electric distribution system or make any alteration or addition to the electric system~~ use and/or occupancy of the Demised Premises ~~existing on~~ or consumed thereat, promptly as same shall become due and payable, and Tenant shall promptly make any meter deposits required by the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demandutility companies therefor.

Appears in 1 contract

Samples: Lease Agreement (Senseonics Holdings, Inc.)

Utility Charges. ~~18.01~~Tenant covenants and agrees to pay all charges for water, sewer, gas, electricity, light, heat, power, telephone or other utility services used or consumed in or supplied to the Leased Premises commencing as of the Commencement Date. The determination of any such utilities shall at the option of Landlord be either (i) by a separate meter installed by Tenant at its expense, or (ii) allocated by Landlord to Tenant on an equitable basis. Should Landlord elect to supply all or any portion of the utility services to be used or consumed on the Leased Premises, Tenant shall upon presentation of such statement for such utility service pay to Landlord as additional rent under the terms hereof, the amount of said statement if it represents utility service to the Leased Premises only, or for Tenant’s proportionate share of said statement if it includes utility service to an area greater than the Leased Premises. Such proportionate share will be based upon the square footage occupied by Tenant as a percentage of the total square footage of the area metered, adjusted higher for any extra usage reasonably assessed Tenant by virtue of Tenant’s disproportionate use of utilities as a result of Xxxxxx’s use or equipment utilized in Tenant’s operation. Said pro ration of utilities shall be reviewed by Landlord and Tenant at the end of the first year of occupancy, or periodically thereafter, at which time Landlord shall determine if the present percentage of said total utilities is equitable in relation to the use of total services by all the tenants and will be adjusted by Landlord if necessary. Landlord may elect to estimate the average monthly utility cost and establish a monthly escrow payment which be payable by Tenant along with its monthly rent and adjusted at the end of each year. If any such utilities as above defined shall be shared among or between tenants and unoccupied units, twenty percent (20%) of the total cost of such utilities shall be assessed against the vacant unit and the remaining eighty percent (80%) shall be assessed and allocated as outlined above. Landlord shall incur no liability to Tenant in the event that any utility becomes unavailable from any source of supply or for any reason not within Landlord’s reasonable control. All utilities required by Tenant and not provided by Landlord, as set forth above, shall be contracted for by Tenant in Tenant’s own name with the appropriate utility suppliers. Tenant shall pay for all ~~charges~~ such utilities. Landlord covenants and agrees to pay for ~~gas, water, sewer, electricity, heat~~ all utilities used or other utility or service supplied to the Demised Premises as measured by meters relating to Tenant's use, and any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Building, Tenant shall pay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space consumed in the ~~Demised Premises and the denominator~~ Common Areas subject to Landlord’s right to receive from Tenant Tenant’s Pro Rata Share of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates Operating Expense as ~~Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible~~ provided for ~~the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed~~ in ~~the space, particularly conduit, if required~~Article III. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Standard Shopping Center Lease

Utility Charges. ~~18.01~~(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all ~~charges~~ of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for ~~gas~~payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, ~~water, sewer, electricity, heat~~ by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or ~~other utility or service supplied~~ calendar year shall be less than the actual amount due from Tenant pursuant to the ~~Demised Premises as measured by meters relating to Tenant's use, and any cost~~ provisions of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Buildingthis Section, Tenant shall pay to Landlord ~~on demand~~ the difference between the amount paid by Xxxxxx and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant~~'s proportionate share of such charges for utilities and/or services~~, ~~which~~ the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’’s consumption of water, electricity or the like, and may require Tenant to remove any or all such ~~charges multiplied~~ meters upon Landlord’’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a ~~fraction the numerator of which~~ separate exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall ~~be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using~~ pay for such ~~utilities and/or services.~~ service pursuant to such exhibit. (b) In the event Landlord ~~determines~~ furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant’s lighting and electrical equipment has been completely installed, Landlord may, at Landlord’s sole option (and to the extent permitted by applicable regulations), cause a survey of Tenant’s usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease which have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant’s regular usage of electric current (that ~~Tenant's utilization~~ is, a change therein other than on a temporary basis) to request, by notice to the other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such ~~service exceeds~~ request occurs, the ~~fraction~~ redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or adjustment in such report shall be binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. Xxxxxx agrees, on request of Xxxxxxxx, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, ~~Tenant's proportionate share with respect~~ Tenant shall not without prior written notice to ~~such service shall, at Landlord's option, mean~~ Landlord make any alterations in or additions to the ~~percentage of any such service (but not less than~~ electrical equipment and/or appliances in the ~~fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof~~Leased Premises. Tenant ~~expressly~~ shall promptly execute a separate utility letter or utility agreement if requested by Landlord or by the applicable utility company. (c) Any furnishing by Landlord of electric current to the Leased Premises shall be limited to the extent of the capacity of Landlord’s existing feeders, switches, risers, wiring installations and other electrical system serving the Leased Premises (the “electric distribution system”). Xxxxxx agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's Xxxxxx’s use of ~~electric energy in the Demised Premises shall not~~ electrical current will at ~~any~~ no time exceed the capacity of ~~any of~~ the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution ~~system or~~ system, and that Tenant will not make any alteration or addition to the electric distribution system without Xxxxxxxx’s prior written consent in each instance. S17 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant’s existing electrical requirements exceeds the capacity of the ~~Demised Premises existing on~~ electric distribution system, then, provided that Landlord shall have consented in writing to such connections or installations, Landlord, upon the ~~Commencement Date. Should Landlord grant such consent~~written request of Tenant and at the sole cost and expense of Tenant, will install any additional riser or risers (and all ~~additional risers or~~ other equipment necessary and proper in connection therewith) to supply Tenant’s electric requirements, but only if such riser or risers (and such other equipment) are necessary to supply Tenant with the electric current required ~~therefor~~ by it and will not cause permanent damage or injury to the Leased Premises or the regional retail development of which the Leased Premises form a part or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, expense or interference with or disturbance of other tenants or occupants of the regional retail development. Notwithstanding any provisions contained in this Section 12.01, Landlord shall not be obligated to provide any new utility services or increased utility capacities to the Leased Premises to the extent that the Leased Premises shall have been previously occupied by another tenant, and, if the Leased Premises have not been previously occupied, Landlord shall not be obligated to provide any utility services or utility capacities other than as specifically set forth in Exhibit B. Tenant shall promptly advise Landlord of any increase in Tenant’s connected load to the electric distribution system. Any additional utility services or any increase in utility capacities beyond that in existence if the Leased Premises shall have been previously occupied (or beyond the specifications set forth in Exhibit B if the Leased Premises have not been previously occupied) shall be subject to the prior written approval of Landlord, and such additional services or capacities shall be provided at the sole cost and expense of Tenant. (e) Xxxxxx agrees further to provide and install, at Tenant’s sole cost and expense, all lamps, tubes, bulbs, starters, ballasts, transformers and the like items used or required in the Leased Premises. (f) At any time during the term hereof, Landlord may, upon thirty (30) days’ prior written notice to Tenant, discontinue furnishing electric current (or such other utility being furnished by Landlord) to the Leased Premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, except that the minimum rent reserved herein (if applicable) shall be reduced by the amount then being paid by Tenant on account of Landlord’s service of electricity (or such other utility) to the Leased Premises, determined as provided above (as the same may have been adjusted from time to time pursuant to other provisions of this Article), and Landlord shall no longer be obligated to furnish electric current (or such other utility) to the Leased Premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current (or other utility) to the Leased Premises, Tenant may contract for and receive such electric current (or such other utility) directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant’s sole cost, to use Landlord’s risers, wiring and electric installations (or other utility conduits, as applicable) then serving the Leased Premises for such purpose to the extent that the same are available, suitable and may be safely so used consistent with concurrent and anticipated future use by Landlord and other tenants. (g) If at any time after the date hereof, the electrical energy rates (or other utility rates) as filed by the public utility corporation then serving the Shopping Center shall be reduced or increased, or any tax shall be imposed thereon (or subsequently increased or decreased), then the minimum rent reserved herein shall be equitably adjusted as of the first day of the month next following the effective date of such rate change to reflect the resulting reduction or increase in the value of Landlord’s service of providing Tenant with electric current (or other utility service) on a rent inclusion basis, but in no event shall the minimum rent be reduced below the amount stated in Article II hereof. (h) Notwithstanding any other provisions of this Lease, the value of, or (as applicable) the rate or cost ~~thereof~~ to be charged to Tenant for, each utility furnished by Landlord under any section or provision of this Lease, which utility shall be subject to regulation by a public agency, shall be computed for the purposes of this Lease in accordance with the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility company serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility (subject to any separate rate schedules for utility services as may be included in the exhibits to this Lease). The value of, or (as applicable) the rate or cost to be charged to Tenant for, any nonregulated utility service provided by Landlord under any section or provision of this Lease shall be computed at the prevailing rates which would be paid by Tenant for direct comparable service from contractors in the local area, except to the extent that specific rates are otherwise set forth in this Lease. The public utility corporation referred to in this Section 12.01 shall be a utility company named in Exhibits B or C attached hereto (if any), or the successor to such company or such other company designated by Landlord. (i) Landlord ~~on demand~~shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the quality or character of utilities used upon or furnished to the Leased Premises are no longer available or suitable for Tenant’s requirements, or if said utilities are interrupted as a result of actions by the public utility companies or any other cause and no such change, interruption, or cessation of service shall constitute an eviction of Tenant. (j) Any obligation of Landlord to furnish light, heat, conditioned air, or power or any utility service shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting, air conditioning or other utility services within the regional retail development, including without limitation, the Leased Premises and the Common Areas, as required by any mandatory or voluntary fuel or energy saving allocation, or any similar statute, regulation, order or program without such action diminishing Tenant’s obligations hereunder. S18 Impossible Kicks/Dolphin Mall/03/21/23 COMMON AREA CHARGE

Appears in 1 contract

Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)

Utility Charges. ~~18.01.~~ Notwithstanding anything contained in this section to the contrary, in lieu of including certain utility charges or services in Expenses, Landlord may bill Tenant and Tenant shall pay ~~all charges~~ for gas, water, sewer, electricity, heat or other utility or service supplied to the Demised Premises as measured by meters relating to Tenant's use, and any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any such utilities or services in axx xne or a combination of the following manners: (i) direct charges for services provided for the exclusive benefit of the Premises which are subject to quantification; (ii) based on a formula which takes into account the relative intensity or quantity of use of utilities or services by Tenant and all other recipients of such utilities or services, as reasonably determined by Landlord; or (iii) pro rata based upon the proportion that the Rentable Area of the Premises bears to the total rentable area of the other premises occupied by other tenants which use the Premises within the Office Center which receive the applicable utilities or services. If Landlord includes utilities in Expenses as provided herein, Landlord such utility charges shall be at the rates charged by utility providers and Landlord shall have no right of additional surcharge or profit thereon. In addition, Landlord may, in lieu of including certain utility charges in Expenses, provide for direct delivery of such utility services to Tenant by the utility providers. In such event, all costs and expenses incurred in connection with provision of such utility services directly to tenants, including all costs associated with the provision of separate meters to the premises, shall be includable in Expenses or paid by Tenant and the other tenants receiving such meters in amounts as reasonably allocated by Landlord, and, after such direct provision of utility services has been effected, the applicable utility charges for ongoing service shall not be included in Expenses. Landlord and Tenant acknowledge and agree that the Tenant's computer room shall be separately metered ~~or assessed or are only partially separately metered or assessed~~ and ~~are used in common with other tenants or occupants of the Building,~~ Tenant shall pay ~~to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction~~ the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other entire utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment charge relating to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demandcomputer room.

Appears in 1 contract

Samples: Office Building Lease (Asa International LTD)

Utility Charges. ~~18.01.~~ (a) Tenant shall pay all rents and charges for ~~gas,~~ water, sewer, electricity, ~~heat or~~ gas, heat, steam, hot and/or chilled water, air-conditioning, ventilating, telephone service and other ~~utility or service~~ utilities supplied to the ~~Demised Premises as measured by meters relating to~~ Premises, however supplied (the “Utility Charges”), when the same become due and shall pay any fees associate with establishing such services in Tenant~~'s use, and any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof~~’s name. If any such utilities ~~or services~~ are not separately ~~metered or assessed or are only partially~~ metered, then in addition to Tenant’s payments of separately metered ~~or assessed and are used in common with other tenants or occupants of the Building~~charges, Tenant shall pay to ~~Landlord~~ Landlord, at Landlord’s option, either on ~~demand~~ the first day of each calendar month or within ten (10) days after receipt of a bill therefor, the following (“Utility Rent”): Tenant's ’s proportionate share of such ~~charges for utilities and/or services,~~ Utility Charges which shall be calculated as follows: the Utility Charges for such ~~charges~~ utilities plus Landlord’s reasonable administrative costs shall be multiplied by a ~~fraction~~ fraction, the numerator of which shall be the Floor Space in of the ~~Demised Premises~~ Main Floor Areas and the denominator of which shall be the total Floor Space of tenants using such utilities. It is anticipated that Landlord, at Tenant’s cost, will install submeters for and in connection with the utility services furnished to the Premises (other than utilities related to the HVAC system serving the Premises, which Landlord anticipates will not be separately metered; but Landlord reserves the right to separately meter such utilities related to the HVAC, at Tenant’s cost)) and thereupon Landlord may collect all ~~tenants and occupants~~ or any part of the ~~Building using~~ Utility Charges (plus a 5% administrative fee) directly from Tenant provided that such ~~utilities and/or~~ Utility Charges shall not exceed the rates Tenant would be charged if billed directly by the local utility therefor for the same services. In Landlord, in its sole discretion, shall have the ~~event~~ right, at all times, to alter any and all utilities, and the equipment relating thereto, serving the Mixed Use Project or any portion thereof, provided such alteration by Landlord ~~determines that~~ does not result in a diminution of the utility service to the Premises. Tenant shall execute and deliver to Landlord without delay such documentation as may be required to effect such alteration. (b) If Tenant shall require natural gas for the operation of Tenant~~'s utilization of any such service exceeds~~ ’s business in the ~~fraction referred to above~~Premises, ~~Tenant's proportionate share with respect to such service~~ Tenant shall, at ~~Landlord's option~~its own expense, ~~mean~~ arrange for such natural gas utility service from the ~~percentage of any such service (but not less than the fraction referred to above) which~~ local gas company in a manner approved by Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which approval shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Share Exchange Agreement (Veg House Holdings Inc.)

Utility Charges. ~~18.01~~(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all ~~charges~~ of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for ~~gas~~payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, ~~water, sewer, electricity, heat~~ by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or ~~other utility or service supplied~~ calendar year shall be less than the actual amount due from Tenant pursuant to the ~~Demised Premises as measured by meters relating to Tenant's use, and any cost~~ provisions of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Buildingthis Section, Tenant shall pay to Landlord ~~on demand~~ the difference between the amount paid by Xxxxxx and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant~~'s proportionate share of such charges for utilities and/or services~~, ~~which~~ the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’s consumption of water, electricity or the like, and may require Tenant to remove any or all such ~~charges multiplied~~ meters upon Landlord’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a ~~fraction the numerator of which~~ separate exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall ~~be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using~~ pay for such ~~utilities and/or services.~~ service pursuant to such exhibit. (b) In the event Landlord ~~determines~~ furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant’s lighting and electrical equipment has been completely installed, Landlord may, at Landlord’s sole option (and to the extent permitted by applicable regulations), cause a survey of Tenant’s usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease which have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant’s regular usage of electric current (that ~~Tenant's utilization~~ is, a change therein other than on a temporary basis) to request, by notice to the other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such ~~service exceeds~~ request occurs, the ~~fraction~~ redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or adjustment in such report shall be binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. Xxxxxx agrees, on request of Xxxxxxxx, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, ~~Tenant's proportionate share with respect~~ Tenant shall not without prior written notice to ~~such service shall, at Landlord's option, mean~~ Landlord make any alterations in or additions to the ~~percentage of any such service (but not less than~~ electrical equipment and/or appliances in the ~~fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof~~Leased Premises. Tenant ~~expressly~~ shall promptly execute a separate utility letter or utility agreement if requested by Landlord or by the applicable utility company. S18 COMMON AREA CHARGE (c) Any furnishing by Landlord of electric current to the Leased Premises shall be limited to the extent of the capacity of Landlord’s existing feeders, switches, risers, wiring installations and other electrical system serving the Leased Premises (the “electric distribution system”). Xxxxxx agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's Xxxxxx’s use of ~~electric energy in the Demised Premises shall not~~ electrical current will at ~~any~~ no time exceed the capacity of ~~any of~~ the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution ~~system or~~ system, and that Tenant will not make any alteration or addition to the electric distribution system without Xxxxxxxx’s prior written consent in each instance. (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant’s existing electrical requirements exceeds the capacity of the ~~Demised Premises existing on~~ electric distribution system, then, provided that Landlord shall have consented in writing to such connections or installations, Landlord, upon the ~~Commencement Date. Should Landlord grant such consent~~written request of Tenant and at the sole cost and expense of Tenant, will install any additional riser or risers (and all ~~additional risers or~~ other equipment necessary and proper in connection therewith) to supply Tenant’s electric requirements, but only if such riser or risers (and such other equipment) are necessary to supply Tenant with the electric current required ~~therefor~~ by it and will not cause permanent damage or injury to the Leased Premises or the regional retail development of which the Leased Premises form a part or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, expense or interference with or disturbance of other tenants or occupants of the regional retail development. Notwithstanding any provisions contained in this Section 12.01, Landlord shall not be obligated to provide any new utility services or increased utility capacities to the Leased Premises to the extent that the Leased Premises shall have been previously occupied by another tenant, and, if the Leased Premises have not been previously occupied, Landlord shall not be obligated to provide any utility services or utility capacities other than as specifically set forth in Exhibit B. Tenant shall promptly advise Landlord of any increase in Tenant’s connected load to the electric distribution system. Any additional utility services or any increase in utility capacities beyond that in existence if the Leased Premises shall have been previously occupied (or beyond the specifications set forth in Exhibit B if the Leased Premises have not been previously occupied) shall be subject to the prior written approval of Landlord, and such additional services or capacities shall be provided at the sole cost and expense of Tenant. (e) Xxxxxx agrees further to provide and install, at Tenant’s sole cost and expense, all lamps, tubes, bulbs, starters, ballasts, transformers and the like items used or required in the Leased Premises. (f) At any time during the term hereof, Landlord may, upon thirty (30) days’ prior written notice to Tenant, discontinue furnishing electric current (or such other utility being furnished by Landlord) to the Leased Premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, except that the minimum rent reserved herein (if applicable) shall be reduced by the amount then being paid by Tenant on account of Landlord’s service of electricity (or such other utility) to the Leased Premises, determined as provided above (as the same may have been adjusted from time to time pursuant to other provisions of this Article), and Landlord shall no longer be obligated to furnish electric current (or such other utility) to the Leased Premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current (or other utility) to the Leased Premises, Tenant may contract for and receive such electric current (or such other utility) directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant’s sole cost, to use Landlord’s risers, wiring and electric installations (or other utility conduits, as applicable) then serving the Leased Premises for such purpose to the extent that the same are available, suitable and may be safely so used consistent with concurrent and anticipated future use by Landlord and other tenants. (g) If at any time after the date hereof, the electrical energy rates (or other utility rates) as filed by the public utility corporation then serving the Shopping Center shall be reduced or increased, or any tax shall be imposed thereon (or subsequently increased or decreased), then the minimum rent reserved herein shall be equitably adjusted as of the first day of the month next following the effective date of such rate change to reflect the resulting reduction or increase in the value of Landlord’s service of providing Tenant with electric current (or other utility service) on a rent inclusion basis, but in no event shall the minimum rent be reduced below the amount stated in Article II hereof. S19 COMMON AREA CHARGE (h) Notwithstanding any other provisions of this Lease, the value of, or (as applicable) the rate or cost ~~thereof~~ to be charged to Tenant for, each utility furnished by Landlord under any section or provision of this Lease, which utility shall be subject to regulation by a public agency, shall be computed for the purposes of this Lease in accordance with the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility company serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility (subject to any separate rate schedules for utility services as may be included in the exhibits to this Lease). The value of, or (as applicable) the rate or cost to be charged to Tenant for, any nonregulated utility service provided by Landlord under any section or provision of this Lease shall be computed at the prevailing rates which would be paid by Tenant for direct comparable service from contractors in the local area, except to the extent that specific rates are otherwise set forth in this Lease. The public utility corporation referred to in this Section 12.01 shall be a utility company named in Exhibits B or C attached hereto (if any), or the successor to such company or such other company designated by Landlord. (i) Landlord ~~on demand~~shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the quality or character of utilities used upon or furnished to the Leased Premises are no longer available or suitable for Tenant’s requirements, or if said utilities are interrupted as a result of actions by the public utility companies or any other cause and no such change, interruption, or cessation of service shall constitute an eviction of Tenant. (j) Any obligation of Landlord to furnish light, heat, conditioned air, or power or any utility service shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting, air conditioning or other utility services within the regional retail development, including without limitation, the Leased Premises and the Common Areas, as required by any mandatory or voluntary fuel or energy saving allocation, or any similar statute, regulation, order or program without such action diminishing Tenant’s obligations hereunder.

Appears in 1 contract

Samples: Lease (Impossible Kicks Holding Company, Inc.)

Utility Charges. ~~18.01~~3.5.1 The Tenant shall bear all charges and taxes in respect of all utilities, telecommunication facilities and other services supplied to and consumed at the Demised Premises (even during the fitting-out period and any rent free periods granted under this Agreement where applicable) including transportation or transmission charges for the supply, hire charges for any equipment or appliances supplied to the Tenant in respect of such supply. Where such charges or taxes are not invoiced or metered separately to the Demised Premises, the Tenant shall pay ~~all charges for gas~~to the Landlord a proportionate part of the cost of the services, ~~water, sewer, electricity, heat~~ facilities or ~~other utility or service~~ utilities so supplied and attributable to the Demised Premises as ~~measured~~ calculated and apportioned to the Demised Premises by ~~meters relating~~ the Landlord on a basis applicable to ~~Tenant's use,~~ all tenants in the Building. The Landlord’s written statement and ~~any cost~~ notification of ~~repair, maintenance, replacement,~~ such apportioned costs to the Tenant shall be conclusive as to the amount thereof except for manifest error. Such apportioned charges shall be payable within fourteen (14) days of demand from the Landlord. 3.5.2 The Tenant shall use only utilities and ~~reading~~ telecommunication facilities from such suppliers as are designated by the Landlord (“Designated Suppliers”) and shall arrange at its own costs with the relevant Authorities or Designated Suppliers for the connection of all such utilities supply and/or telecommunication facilities required by the Tenant and for the installation of any meters ~~measuring~~ or equipment in connection with such supply or facilities in accordance with the Landlord’s requirements and the Rules and Regulations set from time to time by the Landlord regarding such connections and installations. 3.5.3 If at anytime during the Term, the Landlord sees fit to change the Designated Suppliers, the Tenant shall at the Landlord’s request, take the necessary steps to cease supply from the Tenant~~'s consumption thereof. If~~ ’s current supplier and arrange for connection and supply to the Demised Premises with the new Designated Suppliers at the Tenant’s costs. 3.5.4 Where the Landlord at its discretion deems it beneficial for the Building and its occupants to purchase any utilities or ~~services are not separately metered or assessed or are only partially separately metered or assessed and are used~~ telecommunications facilities in ~~common with other tenants or occupants of~~ bulk from any Designated Suppliers for supply to the entire Building, Tenant shall pay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in including the Demised Premises (either by having the Landlord purchase in bulk for the entire Building or by requiring all tenants in the Building to purchase from the same Designated Suppliers), the Tenant shall not be entitled to object to the Landlord’s choice of Designated Suppliers and shall at the request of the Landlord do the necessary or permit the Landlord to make the necessary arrangements with the Designated Suppliers for connection and supply of utilities or telecommunications facilities to the Demised Premises. The Tenant shall also take the necessary steps to cease supply from the Tenant’s current supplier (if any). 3.5.5 The Tenant hereby authorises the Landlord to sign, where the Landlord deems necessary, in the Tenant’s name and on the Tenant’s behalf all necessary documents, applications or forms and make all necessary arrangements for purposes of any connection of bulk supply to the Demised Premises or in respect of any necessary termination of the Tenant’s previous utilities or telecommunications account with another supplier. Costs of all connections or termination of supply and any necessary installation of new or separate meters required by the Landlord, the Designated Suppliers or the Authorities as a result of the Landlord’s request for change in Designated Suppliers hereunder shall be borne by the Tenant. 3.5.6 The Tenant hereby agrees that where the Landlord purchases utilities or telecommunications facilities in bulk for supply to the Building including the Demised Premises, then: 3.5.6.1 the Tenant acknowledges agrees and confirms that the Designated Suppliers are the suppliers of the utilities or telecommunications facilities and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible and/or liable for any and all losses damages and/or liability suffered or incurred by the Tenant including any economic loss and/or loss of revenue and/or profits and/or business or custom howsoever occurring caused by or as a result of any defect inconsistency failure delay or interruption or any reduction surge or variation of the supply and transmission wherever or whenever occurring. 3.5.6.2 where any agreement for bulk purchase of utilities or telecommunications facilities made between the Landlord and the Designated Suppliers for supply to ~~Tenant of any~~ the entire Building (including the Demised Premises) is terminated for reasons beyond the control of the ~~aforesaid~~Landlord and not due to the default of the Landlord, ~~or any other utility service.~~ the Landlord shall not be ~~responsible~~ required to compensate the Tenant for any ~~public~~ loss or ~~private telephone service~~ damage including any economic loss and/or loss of revenue and/or profits and/or business or custom howsoever occurring to ~~be installed in~~ the ~~space, particularly conduit, if required~~Tenant as a result of such termination of supply to the Demised Premises. ~~18.02. Tenant's use~~ 3.5.6.3 the Tenant shall pay to the Landlord such quantum of ~~electric energy in~~ deposit as security for payment of utilities or telecommunications charges as may be determined by the Landlord. 3.5.6.4 The Landlord shall be entitled to terminate utilities or telecommunications supply to the Demised Premises if the Tenant shall ~~not at~~ fail to pay any ~~time exceed the capacity of any~~ part of the ~~electrical conductors~~ charges and ~~equipment~~ taxes in ~~or otherwise serving~~ respect of supply thereof payable by the ~~Demised Premises. In order to insure that~~ Tenant under Clause 3.5.1 hereof for more than seven (7) days after due date of such ~~capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not~~payments, without ~~Landlord's prior consent~~ prejudice to any other rights remedies or recourse that the Landlord may have in ~~each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment~~ respect of such failure to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demandpay.

Appears in 1 contract

Samples: Tenancy Agreement (Sirf Technology Holdings Inc)

Appears in 1 contract

Samples: Lease (Hart Industries Inc)

Utility Charges. ~~18.01~~(a) Tenant shall be solely responsible for and shall promptly pay for all fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas, electricity, HVAC, fire alarm, burglar alarm, telephone, cable television, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Premises, including, without limitation, any services to be supplied by Landlord from a central utility plant or other utility system as more particularly set forth on the Data Sheet or on Exhibit D, irrespective of whether any of the foregoing are initially paid in advance by Landlord, or otherwise. Landlord, at its sole option, may elect to furnish any or all of such services with a separate charge therefor to Tenant, at a cost in excess of Landlord’s cost, subject to 12.01(d) below, such charge to be based upon the services used by Xxxxxx, as reflected by meter, submeter or otherwise. Tenant shall pay ~~all charges~~ such charge at such time and upon such terms as installments of Minimum Annual Rental are due. Tenant shall initially pay Landlord the sums set forth on the Data Sheet per annum for ~~gas~~the cost of providing: (i) water and sewer service; (ii) fire detection services; and (iii) electric service to the Premises. All such sums shall be subject to reasonable annual adjustments by Landlord and paid in equal consecutive monthly installments in the same manner as Minimum Annual Rental. (b) Except to the extent of Landlord’s gross negligence or willful misconduct, ~~water~~in no event shall Landlord be liable for damages or otherwise for any interruption, ~~sewer~~reduction, disruption, curtailment or failure in the supply, quality or character of electricity, ~~heat or other~~ services from a central utility or service supplied to the Demised Premises as measured by meters relating to Tenant's use, and any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Building, Tenant shall pay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, plant or any other utility or other service, nor shall any such condition be deemed to constitute constructive eviction of Tenant, or excuse or relieve Tenant from its obligations under this Lease. (c) Landlord may, upon thirty (30) days’ prior written notice to Tenant, elect to have Tenant obtain, and/or discontinue furnishing, as applicable, any utility to the Premises (including, without limitation, heating, ventilation and air conditioning services) if such utility is available from an alternate supply source, without thereby affecting other terms of this Lease in any manner or otherwise incurring any liability to Tenant, and Landlord shall no longer be obligated to furnish such utility to the Premises. If Landlord gives such notice, Tenant shall promptly contract for and receive such utility directly from the public utility serving the Development, and Landlord shall permit Tenant, at Tenant’s sole cost, to use Landlord’s risers, wiring, electric and any other installations then serving the Premises for such purpose, if any, to the extent that the same are available, suitable and may be safely so used, consistent with concurrent and anticipated future use by Landlord and other tenants. Landlord may thereafter from time to time during the Term elect to provide, or resume provision of, any utility to the Premises. ROS/Impossible Kicks 15 Form Rev. [02/2023] (d) To the extent utilities provided by Landlord are utilities which could be supplied to Tenant as a direct customer of a public utility, the value of such utility used by Tenant shall be computed so as not to exceed the rate schedules which would be ~~responsible for~~ applicable if Tenant was at the time a direct customer of such public utility corporation. (e) Landlord shall have the right to reduce heating, cooling and lighting within the Premises and the Common Areas as required by any ~~public~~ mandatory or ~~private telephone service~~ voluntary fuel or energy saving allocation, or similar statute, regulation, order or program. (f) Tenant shall operate its heating, ventilating and air conditioning (“HVAC”) system(s) serving the Premises to ~~be installed~~ maintain comfortable conditions. Temperatures in the ~~space, particularly conduit, if required~~Premises shall be compatible with temperatures in the Development. ~~18.02. Tenant's use of electric energy in the Demised Premises~~ (g) If Tenant desires to install any equipment which shall ~~not at any time~~ exceed the capacity of any ~~of the electrical conductors and equipment in~~ utility facilities or ~~otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service~~which shall require additional utility facilities, Tenant shall ~~not~~obtain Landlord’s prior written approval. If approved by Landlord, and if Landlord provides additional facilities to accommodate Tenant’s installation, Tenant shall pay Landlord, on demand, the cost of providing such additional utility facilities or utility facilities of greater capacity. Tenant shall in no event use any of the utility facilities in any way which shall overload or overburden the utility systems. (h) Tenant shall be permitted, without charge by the backbone provider retained by Landlord~~'s prior consent in each instance~~ , if any, (~~which shall not be unreasonably withheld~~the “Backbone Provider”), ~~connect any fixtures~~to provide Wi-Fi to its customers free of charge while its customers are within the Premises provided that: (a) Tenant installs, ~~appliances or equipment to~~ at Tenant’s cost and expense, a system for the ~~Building's electric distribution~~ provision of Wi-Fi entirely independent of, and not interfering with, the infrastructure installed by the Backbone Provider; and (b) such system ~~or make any alteration or addition to the electric system~~ does not provide Wi-Fi service outside of the ~~Demised~~ Premises ~~existing on the Commencement Date~~except leakage to a de minimis extent which cannot reasonably be prevented. ~~Should Landlord grant such consent, all additional risers or other equipment required therefor~~ Tenant acknowledges that Wi-Fi service shall be provided by the Backbone Provider in the Common Areas. Tenant agrees that: (1) Wi-Fi service in the Common Areas may interfere with or disrupt Wi-Fi service in the Premises; and (2) neither Landlord ~~and~~ or the ~~cost thereof~~ Backbone Provider shall be ~~paid by Tenant to Landlord on demand~~liable for any such interference or disruption or any failure, delay, interruption or reduction in Wi-Fi service in the Premises.

Appears in 1 contract

Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)

Utility Charges. ~~18.01. Tenant~~ Lessee shall pay promptly, as and when the same become due and payable, all water rents, rates and charges, all sewer rents and all charges for ~~gas~~electricity, gas heat, steam, hot and/or chilled water, ~~sewer~~air conditioning, ~~electricity~~ventilating, ~~heat or~~ lighting systems, and other ~~utility or service~~ utilities supplied to the Demised ~~Premises as measured by meters relating to Tenant's use~~Premises, and any ~~cost of repair~~sewer fees, ~~maintenance~~assessments, ~~replacement~~capacity charges, tap fees, and ~~reading of any meters measuring Tenant's consumption thereof~~hook up charges for the Shopping Center. If any such utilities or ~~services~~ charges are not separately metered or assessed or are only partially ~~separately~~ separated metered or assessed and are used in common with other tenants ~~or occupants of~~ in the ~~Building~~Shopping Center, ~~Tenant shall~~ Lessee will pay to ~~Landlord on demand Tenant's~~ Lessor a proportionate share of such charges for utilities ~~and/or services~~used in common based on square footage of floor space leased to each lessee using such common facilities, ~~which~~ in addition to Lessee's payments of the separately metered charges. Lessor may install re-registering meters and collect any and all utility charges as aforesaid from Lessee, making returns to the proper public utility company or governmental unit, provided that Lessee shall not be ~~such charges multiplied by a fraction~~ charged more than the ~~numerator of which shall~~ rates it would be charged for the ~~Floor Space in~~ same services if furnished direct to the Demised Premises ~~and~~ by such companies or governmental units. At the ~~denominator~~ option of Lessor, any utility or related service which ~~shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of~~ Lessor may at any ~~such service exceeds the fraction referred~~ time elect to ~~above, Tenant's proportionate share with respect~~ provide to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises may be furnished by Lessor or any agent employed by or independent contractor selected by Lessor, and Lessee shall accept the same therefrom to the exclusion of all other suppliers so long as the rates charged by the Lessor or by the supplier of such utility or related service are competitive. If utilities are metered, but an accurate meter reading is not ~~at any time exceed~~ possible, Lessee shall pay pursuant to the ~~capacity~~ formula based on square footage. Lessor shall have no liability to Lessee for disruption of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric utility service, ~~Tenant~~ and in no event shall ~~not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances~~ such disruption constitute constructive eviction or ~~equipment~~ entitle Lessee to ~~the Building's electric distribution system or make any alteration or addition to the electric system~~ an abatement of ~~the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers~~ rents or other ~~equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand~~charges.

Appears in 1 contract

Samples: Shopping Center Lease (Futurus Financial Services Inc)

Utility Charges. ~~18.01~~From and after the Rent Commencement Date, the Tenant shall pay directly to the provider of the service, all charges for steam, gas, electricity, fuel, water, sewer and other services and utilities furnished to the Premises and separately metered. Tenant shall ~~pay all charges for gas, water, sewer, electricity, heat or other~~ purchase electricity from the utility or service ~~supplied~~ providing electricity to the ~~Demised Premises as measured by meters relating~~ Building from time to ~~Tenant's use,~~ time. Landlord shall have the right at any time and ~~any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof~~from time to time to change the electricity provider to the Building. If at any ~~utilities or services are~~ time during the Term, any utility service to the Premises is not separately metered and paid directly to the service provider by Tenant, Tenant’s usage and billing shall depend upon Landlord’s reading of the check meters (or, if not check metered, upon the reasonable estimate of Tenant’s usage as determined by Landlord’s engineer, provided that Tenant shall have the right to install check meter(s) at its sole cost and expense) for such service and the results and readings of such check meter(s) whether installed by Tenant or ~~assessed~~ Landlord shall be dispositive for purposes of measuring such usage and billing, or ~~are only partially separately metered or assessed~~ if Tenant’s usage is otherwise non-determinable, then such usage and ~~are used in common with~~ billing will be based on the proportion of Tenant’s rentable square footage compared to other tenants ~~or occupants~~ having use of the Building, Tenant shall pay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other same utility service. ~~Landlord shall not be responsible~~ Unless separately metered and paid directly by Tenant, Additional Rent for ~~any public or private telephone service to be installed~~ utilities in the ~~space~~Premises may be estimated monthly by Landlord, ~~particularly conduit, if required. 18.02. Tenant's use of electric energy~~ based upon the estimate set forth in the ~~Demised Premises shall not at any time exceed the capacity of any of the electrical conductors~~ preceding sentence, and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid monthly by Tenant ~~to Landlord on demand~~as billed with a final accounting based upon actual bills following the conclusion of each Operating Fiscal Year.

Appears in 1 contract

Samples: Lease Agreement (Beam Therapeutics Inc.)

Utility Charges. ~~18.01.~~ A. Tenant shall pay all rents and charges for ~~gas,~~ water, sewer, electricity, ~~heat or~~ gas, heat, steam, hot and/or chilled water, air-conditioning, ventilating, telephone service and other ~~utility or service~~ utilities directly supplied to the ~~Demised Premises as measured by meters relating to Tenant's use~~Premises, and ~~any cost of repair~~separately metered or submetered (the "Utility Charges"), ~~maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof~~when the same become due. If any such utilities ~~or services~~ are not separately metered or ~~assessed or are only partially~~ submetered, then in addition to Tenant's payments of separately metered ~~or assessed and are used in common with other tenants or occupants of the Building~~charges, Tenant shall pay to Landlord ~~on demand~~ on, at Landlord's option, either the first day of each calendar month or within ten (10) days after receipt of a bill xxxrefor, Tenant's proportionate share of such ~~charges for utilities and/or services,~~ Utility Charges which shall be calculated as follows: the Utility Charges for such ~~charges~~ utilities shall be multiplied by a ~~fraction~~ fraction, the numerator of which shall be the Floor Space in of the ~~Demised~~ Premises and the denominator of which shall be the total Floor Space of occupied by tenants in the Store Space using such utilities. Landlord may, at any time, install submeters in connection with any or all ~~tenants~~ the utility services furnished to the Premises and ~~occupants~~ thereupon collect all or any part of the ~~Building using~~ Utility Charges directly from Tenant provided that such ~~utilities and/or~~ Utility Charges shall not exceed the rates Tenant would be charged if billed directly by the local utility therefor for the same services. In Landlord, in its sole discretion, shall have the ~~event~~ right, at all times, to alter any and all utilities, and the equipment relating thereto, serving the Building or any portion thereof, provided such alteration by Landlord ~~determines that~~ does not result in a diminution or interruption (except a pre-announced brief interruption) of the utility service to the Premises. Tenant shall execute and deliver to Landlord without delay such documentation as may be required to effect such alteration. B. If Tenant shall require natural gas for the operation of Tenant's ~~utilization of any such service exceeds~~ business in the ~~fraction referred to above~~Premises, ~~Tenant's proportionate share with respect to such service~~ Tenant shall, at ~~Landlord's option~~its own expense, ~~mean~~ arrange for such natural gas utility service from the ~~percentage of any such service (but not less than the fraction referred to above) which~~ local gas company in a manner approved by Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which approval shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Mason George Bankshares Inc)

Utility Charges. 18.01. Tenant shall pay all charges for gas, water, sewer, electricity, heat or other utility or service supplied to the Demised Premises as measured by meters or sub-meters relating to Tenant's ’s use, and any cost of repair, maintenance, replacement, and the reasonable and actual costs of reading of any meters measuring Tenant's ’s consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Building, Tenant shall pay to Landlord on demand Tenant's ’s proportionate share of such charges for utilities and/or services, ~~which~~ which, except as provided below, shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. If Landlord is permitted by law to provide electric energy to the Demised Premises by re-registering meters or otherwise and to collect any charges for electric energy, Landlord shall have the right to do so, in which event Tenant shall pay to Landlord upon receipt of bills therefor for electric energy provided the rates for such electric energy shall not be more than the rates Tenant would be charged for electric energy if furnished directly to Tenant by the public utility which would otherwise have furnished electric energy. In the event Landlord determines that Tenant's ’s utilization of any such service exceeds the fraction referred to above, Tenant's ’s proportionate share with respect to such service shall, at Landlord's ’s option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's ’s utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. Expenses incurred by Landlord for meter reading, if any, shall be included in Operating Expenses. In the event any other tenant or occupant of the Building, uses a disproportionate amount of any utility furnished to the Building which is not separately metered or sub-metered (e.g., water), Tenant’s proportionate share with respect to such service shall mean the percentage of any such service which Landlord reasonably estimates as Tenant’s proportionate utilization thereof. 18.02. Tenant's ’s use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Lease Agreement (Vs Direct Inc.)

Utility Charges. ~~18.01. Tenant shall pay all charges for gas, water, sewer, electricity, heat or other utility or service supplied~~ (a) Notwithstanding anything in this Lease to the Demised Premises as measured by meters relating to Tenant's use, and any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Buildingcontrary, Tenant shall pay to ~~Landlord on demand Tenant's proportionate share of~~ Landlord, as Additional Rent all charges incurred by Landlord, or its agent, for water, sewer, gas and electricity, (1) such charges for ~~utilities and/or services, which~~ the Premises shall be ~~such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants~~ based upon Tenant's Share of the Building ~~using~~ or the specific submeter for the Premises for such ~~utilities and/or services~~utility, and (2) such charges for the Building common areas shall be based on Tenant’s Share of the Building. In The aforesaid utility charges shall commence upon the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereofCommencement Date. ~~Tenant expressly agrees that~~ Landlord shall ~~not~~ have the right to estimate the utility charge but shall be ~~responsible~~ required to reconcile on an annual basis based on invoices received for ~~the failure of supply to Tenant of any of the aforesaid, or any other utility service~~such period. Landlord shall not be ~~responsible~~ liable for any ~~public~~ interruption or ~~private telephone~~ delay in electric or any other utility service for any reason unless caused by the gross negligence or willful misconduct of Landlord or its agents. Landlord shall have the right to change the electric and other utility provider to the Project or Building at any time. Landlord is hereby authorized to request, on behalf of Tenant, Tenant’s electric consumption data from the applicable utility provider. (b) If any utility service to the Premises that Landlord is required to provide hereunder is interrupted due to the negligence or willful misconduct of Landlord (collectively, “Service Interruption”) and such Service Interruption causes all or a material portion of the Premises to be ~~installed~~ unusable (“Affected Space”) for a period of three (3) or more consecutive business days after written notice thereof has been given by Tenant to Landlord (“Interruption Notice”), then, provided that Tenant has actually ceased all of its operations in the ~~space~~Affected Space for the conduct of its business, ~~particularly conduit~~Fixed Rent shall xxxxx in the proportion that the rentable square footage of the Affected Space bears to the rentable square footage of the Premises, which abatement shall commence on the fourth (4th) and expire on the earlier of Tenant’s re-commencement of operations in the Affected Space or the date that the Service Interruption is remedied. Notwithstanding the foregoing, Tenant shall not be entitled to abatement or any other remedy to the extent that the Service Interruption is caused in whole or in part by the negligence or willful misconduct of Tenant or Tenant’s employees, contractors, agents, representatives or invitees, or Tenant’s failure to comply with its obligations under the Lease. Tenant agrees that the rental abatement described herein shall be Tenant’s sole remedy in the event of a Service Interruption and Tenant hereby waives any other rights against Landlord in connection therewith. During the Term, Tenant shall maintain, at Tenant’s sole cost and expense, commercially reasonable business interruption insurance. (c) Except for reasons outside of Landlord’s control, Landlord shall provide: (i) Premises heat and air-conditioning ("HVAC") service in the respective seasons during the hours of 8:00 a.m. to 6:00 p.m. on weekdays, excluding Building holidays ("Business Hours") (HVAC service to the Premises on Saturdays shall be provided only upon Tenant’s prior written request to Landlord); (ii) Premises electricity for lighting and standard office equipment typically found in office buildings in the market in which the Project is located; and (iii) water and sewer service to the extent typically provided by landlords of office buildings in the market in which the Project is located. Notwithstanding anything herein to the contrary, if ~~required. 18.02.~~ Landlord reasonably determines that Tenant's use of electricity is excessive, Tenant agrees to pay for the installation of a separate electric ~~energy~~ meter to measure electrical usage in ~~the Demised Premises shall not at any time exceed the capacity~~ excess of ~~any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded~~ normal office use and to ~~avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent~~ pay Landlord for all such excess electricity registered in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such ~~consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand~~submeter.

Appears in 1 contract

Samples: Lease (Inovio Pharmaceuticals, Inc.)

Utility Charges. 18.01. Tenant shall pay all charges for gas, water, sewer, electricity, heat or other utility or service supplied to the Demised Premises as measured by meters relating to Tenant's use, and any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Building, Tenant shall pay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof. (In no event, however, shall the aggregate percentage of all tenants in the Building using such service exceed 100%). Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Separation Agreement (Jenna Lane Inc)

Appears in 1 contract

Samples: Lease Agreement (Play Co Toys & Entertainment Corp)

Utility Charges. ~~18.01~~Tenant covenants and agrees to pay all charges for water, sewer, gas, electricity, light, heat, power, telephone or other utility services used or consumed in or supplied to the Leased Premises commencing as of the Commencement Date. The determination of any such utilities shall at the option of Landlord be either (i) by a separate meter installed by Tenant at its expense, or (ii) allocated by Landlord to Tenant on an equitable basis. Should Landlord elect to supply all or any portion of the utility services to be used or consumed on the Leased Premises, Tenant shall upon presentation of such statement for such utility service pay to Landlord as additional rent under the terms hereof, the amount of said statement if it represents utility service to the Leased Premises only, or for Tenant’s proportionate share of said statement if it includes utility service to an area greater than the Leased Premises. Such proportionate share will be based upon the square footage occupied by Tenant as a percentage of the total square footage of the area metered, adjusted higher for any extra usage reasonably assessed Tenant by virtue of Tenant’s disproportionate use of utilities as a result of Xxxxxx’s use or equipment utilized in Tenant’s operation. Said pro ration of utilities shall be reviewed by Landlord and Tenant at the end of the first year of occupancy, or periodically thereafter, at which time Landlord shall determine if the present percentage of said total utilities is equitable in relation to the use of total services by all the tenants and will be adjusted by Landlord if necessary. Landlord may elect to estimate the average monthly utility cost and establish a monthly escrow payment which be payable by Tenant along with its monthly rent and adjusted at the end of each year. If any such utilities as above defined shall be shared among or between tenants and unoccupied units, twenty percent (20%) of the total cost of such utilities shall be assessed against the vacant unit and the remaining eighty percent (80%) shall be assessed and allocated as outlined above with the exception of gas and electric which will be assessed based off the allocation as if it was occupied. Landlord shall incur no liability to Tenant in the event that any utility becomes unavailable from any source of supply or for any reason not within Landlord’s reasonable control. All utilities required by Tenant and not provided by Landlord, as set forth above, shall be contracted for by Tenant in Tenant’s own name with the appropriate utility suppliers. Tenant shall pay for all ~~charges~~ such utilities. Landlord covenants and agrees to pay for ~~gas, water, sewer, electricity, heat~~ all utilities used or other utility or service supplied to the Demised Premises as measured by meters relating to Tenant's use, and any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Building, Tenant shall pay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space consumed in the ~~Demised Premises and the denominator~~ Common Areas subject to Xxxxxxxx’s right to receive from Tenant Tenant’s Pro Rata Share of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates Operating Expense as ~~Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible~~ provided for ~~the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed~~ in ~~the space, particularly conduit, if required~~Article III. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand.

Appears in 1 contract

Samples: Standard Shopping Center Lease

Utility Charges. ~~18.01~~(a) Tenant shall be solely responsible for and shall promptly pay for all fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas, electricity, fire alarm, burglar alarm, telephone, cable television, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Premises, including, without limitation, any services to be supplied by Landlord from a central utility plant or other utility system, as more particularly set forth in Exhibit D, irrespective of whether any of the foregoing are initially paid in advance by Landlord, or otherwise. Landlord, at its sole option, may elect to furnish any or all of such services with a separate charge therefor to Tenant, at a cost in excess of Landlord's cost, such charge to be based upon the services used by Tenant, as reflected by meter, submeter or otherwise. Tenant shall pay ~~all charges~~ such charge, as Additional Rent, at such time and upon such terms as installments of Minimum Annual Rental are due. (b) Except to the extent of Landlord's gross negligence, in no event shall Landlord be liable for ~~gas~~damages or otherwise for any interruption, ~~water~~reduction, ~~sewer~~disruption, curtailment or failure in the supply, quality or character of electricity, ~~heat or other~~ services from a central utility or service supplied to the Demised Premises as measured by meters relating to Tenant's use, and any cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Building, Tenant shall pay to Landlord on demand Tenant's proportionate share of such charges for utilities and/or services, which shall be such charges multiplied by a fraction the numerator of which shall be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to above, Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service (but not less than the fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, plant or any other utility or other service, or if either the quantity, quality or character thereof supplied to or by Landlord is changed or is no longer available for Tenant's requirements, nor shall any such interruption, reduction, disruption, curtailment, failure or change in quantity, quality or character constitute or be deemed to constitute constructive eviction of Tenant, or excuse or relieve Tenant from its obligations under this Lease, including but not limited to the payment of Rental. (c) Prior to the commencement of Tenant's occupancy of the Premises and/or at any time thereafter until the expiration of the Term, Landlord may, upon thirty (30) days' prior written notice to Tenant, elect to have Tenant obtain, and/or discontinue furnishing, as applicable, any utility to the Premises (including, without limitation, heating, ventilation and air conditioning services), without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, and Landlord shall no longer be obligated to furnish such utility to the Premises. If Landlord shall give Tenant notice of intention to so have Tenant obtain, or for Landlord to cease furnishing, a utility to the Premises, Tenant may contract for and receive such utility directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant's sole cost, to use Landlord's risers, wiring, electric and any other installations then serving the Premises for such purpose, if any, to the extent that the same are available, suitable and may be safely so used, consistent with concurrent and anticipated future use by Landlord and other tenants. If Landlord is the initial provider of a utility service to Tenant, Landlord agrees not to discontinue furnishing any utility to Tenant pursuant hereto until such time as Tenant shall be able to receive said utility service from an alternate source of supply. Tenant agrees to act diligently in connecting to such alternate source as soon as it becomes available. Landlord may from time to time during the Term elect to provide, or resume provision of, any utility to the Premises obtained or provided by Tenant pursuant hereto, and thereafter make an election for Tenant to provide such utility pursuant hereto, and thereafter re-elect again pursuant hereto on an ongoing basis. (d) Notwithstanding any other provisions of this Article, to the extent utilities provided by Landlord are utilities which could be supplied to Tenant as a direct customer of a public utility, the value of such utility used by Tenant shall be computed for the purposes of this Article so as not to exceed the rate schedules which would be applicable if Tenant were at the time a direct customer of such public utility corporation. (e) Any obligation of Landlord to furnish light, power and services from a central utility plant shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heating, cooling and lighting within the Premises and the Common Areas as required by any mandatory or voluntary fuel or energy saving allocation, or similar statute, regulation, order or program. (f) Tenant shall operate its heating, ventilating and air conditioning ("HVAC") system(s) serving the Premises so as to maintain comfortable conditions during regular Shopping Center business hours. Temperatures in the Premises shall be compatible with temperatures in the Shopping Center. Tenant's obligation to connect to the services supplied by Landlord, as set forth in this Section 12.01 and Exhibit B, as well as Tenant's installation, operation and maintenance of its HVAC system(s) within the Premises, shall be as set forth herein, in Exhibit B and in any related exhibit(s). (g) If Tenant desires to install any equipment which shall exceed the capacity of any utility facilities or which shall require additional utility facilities, Tenant shall not have the right to do so without Landlord's prior written approval of Tenant's Plans and Specifications and specifications therefor. If such installation is approved by Landlord, and if Landlord provides such additional facilities to accommodate Tenant's installation, Tenant agrees to pay Landlord, on demand, the cost of providing such additional utility facilities or utility facilities of greater capacity. Tenant shall in no event use any of the utility facilities in anyway which shall overload or overburden the utility systems. (h) Landlord reserves the right to cut off and discontinue furnishing any heating, ventilation, air conditioning or other utility services furnished or submetered by Landlord at any time after notice to Tenant of an event of default under this Lease by Tenant. Landlord shall not be ~~responsible~~ liable for any ~~public~~ damages resulting from or ~~private telephone service to be installed in the space~~arising out of such discontinuance of utility services, ~~particularly conduit, if required. 18.02. Tenant's use of electric energy in the Demised Premises~~ and such discontinuance shall not at constitute a termination of this Lease or an eviction of Tenant. Tenant hereby releases Landlord from any ~~time exceed the capacity of any of the electrical conductors and equipment in~~ loss, damage or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid liability sustained by Tenant ~~to Landlord on demand~~as a result of such discontinuance.

Appears in 1 contract

Samples: Lease (Melt Inc)

Utility Charges. ~~18.01~~(a) Tenant shall be solely responsible for and shall promptly pay all necessary fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas (if applicable), heat, electricity, centrally conditioned cold air supply, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or furnished to the Leased Premises, irrespective of whether Landlord has paid for these services in advance, or otherwise. Landlord, at its sole option, may elect to furnish any or all of the above services on a “rent inclusion basis” without separate charge therefor to Tenant, by metering or otherwise, such charge to be included in the minimum rent payable hereunder, in which event the minimum rent specified in Section 2.01 shall be increased to reflect the value of such service(s) as provided in paragraph (h) below. Alternatively, Landlord, at its sole option, may provide for any or all of such services on a separate-charge basis, and in such event Tenant shall purchase such service(s) from Landlord, and within ten (10)thirty (30) days after Landlord bills Tenant for any such service Tenant shall pay Landlord such rates, charges and fees, upon terms and conditions as Landlord may establish; provided that, if the rates, charges or fees for any such service are regulated by a public agency, the rates, charges and/or fees to Tenant shall be computed using the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility corporation serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility. If the cost of any such service for any month has not been made known to Landlord at the time of billing, Landlord shall have the right to estimate the amount thereof, and to base its billing to Tenant upon said estimated amount, and Landlord may adjust such billing when the actual amount is made known to Landlord. Landlord shall also have the right to periodically estimate the monthly amount required to be paid by Tenant to Landlord with respect to any or all ~~charges~~ of such services provided by Landlord and such estimated monthly amount or amounts shall be paid by Tenant on the first day of each calendar month, in advance, at the place and in the manner specified for ~~gas~~payments of minimum rent hereunder. Landlord shall have the right to change such estimated amount or amounts at any time and from time to time, ~~water, sewer, electricity, heat~~ by notice to Tenant. If the total of the estimated monthly payments made by Tenant for any Lease Year or ~~other utility or service supplied~~ calendar year shall be less than the actual amount due from Tenant pursuant to the ~~Demised Premises as measured by meters relating to Tenant's use, and any cost~~ provisions of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services are not separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants or occupants of the Buildingthis Section, Tenant shall pay to Landlord ~~on demand~~ the difference between the amount paid by Xxxxxx and the actual amount due within ten (10)thirty (30) days after submission to Tenant of Landlord’’s statement and invoice therefor; and if the total of the estimated payments made by Tenant for any such year shall exceed the actual amount due from Tenant~~'s proportionate share of such charges for utilities and/or services~~, ~~which~~ the excess amount paid shall be credited against the next payment due from Tenant to Landlord under this Section. Landlord, at its sole option, may require Tenant to install separate, appropriate meters for measuring Tenant’’s consumption of water, electricity or the like, and may require Tenant to remove any or all such ~~charges multiplied~~ meters upon Landlord’’s discontinuing the service in question to Tenant. The failure by Tenant to pay when due any amount payable to Landlord under this Section 12.01 shall carry with it the same consequences as failure to pay any installment of rent when due. Notwithstanding the foregoing, if a ~~fraction the numerator of which~~ separate exhibit describing applicable rates for a utility service is attached to this Lease, Tenant shall ~~be the Floor Space in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using~~ pay for such ~~utilities and/or services~~ervice pursuant to such exhibit. S18 COMMON AREA CHARGE (b) In the event Landlord ~~determines~~ furnishes electricity on a rent inclusion basis as provided above, at such time as Tenant’’s lighting and electrical equipment has been completely installed, Landlord may, at Xxxxxxxx’’s sole option (and to the extent permitted by applicable regulations), cause a survey of Tenant’’s usage of electricity to be made by an independent electrical consultant selected by Landlord. The consultant shall render a report to Landlord and Tenant showing the estimated amount of electricity which Tenant will consume, the value thereof, and the minimum rent reserved hereunder shall thereupon be increased to reflect such value. Tenant shall promptly pay to Landlord the difference between the minimum rent hereunder and the increased minimum rent as so determined for all months of the term of this Lease which have therefore elapsed, and each monthly installment of rent thereafter paid by Tenant shall be based upon such increased rent. Subject to applicable utility regulations, each party to this Lease shall thereafter have the right whenever such party believes there has been a material increase or decrease in Tenant’’s regular usage of electric current (that ~~Tenant's utilization~~ is, a change therein other than on a temporary basis) to request, by notice to the other party, a redetermination of the fair rent value of the electric service then furnished by Landlord. When any such ~~service exceeds~~ request occurs, the ~~fraction~~ redetermination shall be made as promptly as possible by an independent electrical consultant selected by Landlord, and, based upon its report, the minimum rent theretofore required to be paid hereunder shall thereafter be adjusted to reflect such new fair rent value. Any change or adjustment in such report shall be binding on both Landlord and Tenant. It is agreed that the cost of conducting the redetermination shall be borne solely by the party requesting same. Xxxxxx agrees, on request of Xxxxxxxx, to execute and deliver from time to time a supplement to this Lease, setting forth the new minimum rent, as then determined as above provided. After the making of the initial survey referred to above, ~~Tenant's proportionate share with respect~~ Tenant shall not without prior written notice to ~~such service shall, at Landlord's option, mean~~ Landlord make any alterations in or additions to the ~~percentage of any such service (but not less than~~ electrical equipment and/or appliances in the ~~fraction referred to above) which Landlord reasonably estimates as Tenant's utilization thereof~~Leased Premises. Tenant ~~expressly~~ shall promptly execute a separate utility letter or utility agreement if requested by Landlord or by the applicable utility company. (c) Any furnishing by Landlord of electric current to the Leased Premises shall be limited to the extent of the capacity of Landlord’s existing feeders, switches, risers, wiring installations and other electrical system serving the Leased Premises (the “electric distribution system”). Xxxxxx agrees that Landlord shall not be responsible for the failure of supply to Tenant of any of the aforesaid, or any other utility service. Landlord shall not be responsible for any public or private telephone service to be installed in the space, particularly conduit, if required. 18.02. Tenant's Xxxxxx’s use of ~~electric energy in the Demised Premises shall not~~ electrical current will at ~~any~~ no time exceed the capacity of ~~any of~~ the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution ~~system or~~ system, and that Tenant will not make any alteration or addition to the electric distribution system without Xxxxxxxx’s prior written consent in each instance. (d) In the event that, at any time during the term of this Lease, Tenant desires to connect or install any additional electric fixtures, equipment or appliances to the electric distribution system and such fixtures, equipment or appliances require additional electric current which, in combination with Tenant’s existing electrical requirements exceeds the capacity of the ~~Demised Premises existing on~~ electric distribution system, then, provided that Landlord shall have consented in writing to such connections or installations, Landlord, upon the ~~Commencement Date. Should Landlord grant such consent~~written request of Tenant and at the sole cost and expense of Tenant, will install any additional riser or risers (and all ~~additional risers or~~ other equipment necessary and proper in connection therewith) to supply Tenant’s electric requirements, but only if such riser or risers (and such other equipment) are necessary to supply Tenant with the electric current required ~~therefor~~ by it and will not cause permanent damage or injury to the Leased Premises or the regional retail development of which the Leased Premises form a part or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, expense or interference with or disturbance of other tenants or occupants of the regional retail development. Notwithstanding any provisions contained in this Section 12.01, Landlord shall not be obligated to provide any new utility services or increased utility capacities to the Leased Premises to the extent that the Leased Premises shall have been previously occupied by another tenant, and, if the Leased Premises have not been previously occupied, Landlord shall not be obligated to provide any utility services or utility capacities other than as specifically set forth in Exhibit B. Tenant shall promptly advise Landlord of any increase in Tenant’s connected load to the electric distribution system. Any additional utility services or any increase in utility capacities beyond that in existence if the Leased Premises shall have been previously occupied (or beyond the specifications set forth in Exhibit B if the Leased Premises have not been previously occupied) shall be subject to the prior written approval of Landlord, and such additional services or capacities shall be provided at the sole cost and expense of Tenant. S19 COMMON AREA CHARGE (e) Xxxxxx agrees further to provide and install, at Tenant’s sole cost and expense, all lamps, tubes, bulbs, starters, ballasts, transformers and the like items used or required in the Leased Premises. (f) At any time during the term hereof, Landlord may, upon thirty (30) days’ prior written notice to Tenant, discontinue furnishing electric current (or such other utility being furnished by Landlord) to the Leased Premises without thereby affecting this Lease in any manner or otherwise incurring any liability to Tenant, except that the minimum rent reserved herein (if applicable) shall be reduced by the amount then being paid by Tenant on account of Landlord’s service of electricity (or such other utility) to the Leased Premises, determined as provided above (as the same may have been adjusted from time to time pursuant to other provisions of this Article), and Landlord shall no longer be obligated to furnish electric current (or such other utility) to the Leased Premises. If Landlord shall give Tenant notice of intention to cease furnishing electric current (or other utility) to the Leased Premises, Tenant may contract for and receive such electric current (or such other utility) directly from the public utility corporation then serving the Shopping Center, and if Tenant does so, Landlord shall permit Tenant, at Tenant’s sole cost, to use Landlord’s risers, wiring and electric installations (or other utility conduits, as applicable) then serving the Leased Premises for such purpose to the extent that the same are available, suitable and may be safely so used consistent with concurrent and anticipated future use by Landlord and other tenants. (g) If at any time after the date hereof, the electrical energy rates (or other utility rates) as filed by the public utility corporation then serving the Shopping Center shal be reduced or increased, or any tax shall be imposed thereon (or subsequently increased or decrease ), then the m nimum rent rese ved herein shall be equita ly adjusted as of the first day of the month next following the effective date of such rate change to reflect the resulting reduction or increase in the value of Landlord’s service of providing Tenant with electric current (or other utility service) on a rent inclusion basis, but in no event shall the minimum rent be reduced below the amount stated in Article II hereof. (h) Notwithstanding any other provisions of this Lease, the value of, or (as applicable) the rate or cost ~~thereof~~ to be charged to Tenant for, each utility furnished by Landlord under any section or provision of this Lease, which utility shall be subject to regulation by a public agency, shall be computed for the purposes of this Lease in accordance with the maximum rate schedules which would be applicable if Tenant were at the time a direct customer of the applicable public utility company serving the Shopping Center, but in no event shall the rate be less than Landlord’s cost to furnish the utility (subject to any separate rate schedules for utility services as may be included in the exhibits to this Lease). The value of, or (as applicable) the rate or cost to be charged to Tenant for, any nonregulated utility service provided by Landlord under any section or provision of this Lease shall be computed at the prevailing rates which would be paid by Tenant for direct comparable service from contractors in the local area, except to the extent that specific rates are otherwise set forth in this Lease. The public utility corporation referred to in this Section 12.01 shall be a utility company named in Exhibits B or C attached hereto (if any), or the successor to such company or such other company designated by Landlord. (i) Landlord ~~on demand~~shall not be liable to Tenant for any loss, damage or expense which Tenant may sustain if the quality or character of utilities used upon or furnished to the Leased Premises are no longer available or suitable for Tenant’s requirements, or if said utilities are interrupted as a result of actions by the public utility companies or any other cause and no such change, interruption, or cessation of service shall constitute an eviction of Tenant. (j) Any obligation of Landlord to furnish light, heat, conditioned air, or power or any utility service shall be conditioned upon the availability of adequate energy sources. Landlord shall have the right to reduce heat, lighting, air conditioning or other utility services within the regional retail development, including without limitation, the Leased Premises and the Common Areas, as required by any mandatory or voluntary fuel or energy saving allocation, or any similar statute, regulation, order or program without such action diminishing Tenant’s obligations hereunder. S20 COMMON AREA CHARGE

Appears in 1 contract

Samples: Lease Agreement (Impossible Kicks Holding Company, Inc.)

Utility Charges. ~~18.01. Tenant shall pay all charges~~ (a) If the Premises are separately metered as of the Commencement Date for ~~gas~~utilities used or consumed in or in connection with the Premises or the operation of Tenant’s business therein, including, water, sewer, electricity, ~~heat~~ gas, oil, heat, steam and heated and/or chilled water, telephone or other communication services (the “Utilities”), then, prior to delinquency, the bills and statements issued by the utility ~~or service supplied~~ and other companies providing such Utilities (the “Suppliers”), Tenant shall pay all charges and fees for such Utilities directly to such Suppliers. (b) If Landlord is billed by the ~~Demised Premises as measured by meters relating to Tenant's use,~~ City of Port St. Lucie Utility Systems Department and the Suppliers for any ~~cost of repair, maintenance, replacement, and reading of any meters measuring Tenant's consumption thereof. If any utilities or services~~ Utilities which are not separately metered or assessed or which are only partially separately metered or assessed and which are used by Tenant in common with other tenants or occupants of the ~~Building~~Village Center, Tenant shall pay to Landlord, within 10 days after invoice, Tenant’s share of the charges and fees billed to Landlord for such Utilities allocated by Landlord to the Premises on ~~demand~~ an equitable basis, having regard to hours of usage, square footage, connected load and other factors conforming to good engineering practice. If Landlord is billed for any such fees as a result of the Premises not being separately metered or assessed, then Tenant shall pay to Landlord, within ten (10) days after invoice, Tenant~~'s proportionate~~ ’s share of such ~~charges for utilities and/or services, which shall be such charges multiplied~~ fees billed to Landlord and allocated by ~~a fraction~~ Landlord to the ~~numerator of which shall be~~ Premises on the ~~Floor Space~~ same basis as set forth in the Demised Premises and the denominator of which shall be the Floor Space of all tenants and occupants of the Building using such utilities and/or services. In the event Landlord determines that Tenant's utilization of any such service exceeds the fraction referred to subsection 3.02(b) above, ~~Tenant's proportionate share with respect to such service shall, at Landlord's option, mean the percentage of any such service~~ (~~but not less than the fraction referred to above~~c) ~~which Landlord reasonably estimates as Tenant's utilization thereof. Tenant expressly agrees that~~ Landlord shall not be ~~responsible~~ liable in damages or otherwise for ~~the failure of supply to~~ any loss, damage or expense that Tenant may sustain or incur by reason of any change, failure, interference, interruption or defect in the utility services provided to the Premises. No such change, failure, interference, interruption or defect shall entitle Tenant to terminate this Lease or axxxx the payments Tenant is required to make under this Lease, provided, however, that if the supply of ~~the aforesaid,~~ water (including chilled water) or ~~any other utility service. Landlord shall not be responsible for any public or private telephone~~ electricity service to ~~be installed in~~ the ~~space~~Premises or sewer service is interrupted for a period of five (5) or more consecutive days and such interruption resulted from the negligence or willful misconduct of Landlord, ~~particularly conduit~~then the Rent payable under this Lease shall axxxx from and after the sixth (6th) consecutive day of such interruption through the date such interrupted service is restored. RM:6995119:7 Village Center Lease Agreement Initials: L: , if required. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant shall not, without Landlord's prior consent in each instance (which shall not be unreasonably withheld), connect any fixtures, appliances or equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant to Landlord on demand.T:

Appears in 1 contract

Samples: Lease Agreement (Digital Domain Media Group, Inc.)

Common use of Utility Charges Clause in Contracts