Common use of Utility Costs Clause in Contracts

Utility Costs. Landlord shall not be obligated to furnish or pay for any utilities for the Leased Premises. Tenant shall cause the necessary mains, conduits and other facilities to be provided and maintained (from and within the property lines of the Leased Premises to the connection with the supplying utility in the streets immediately adjacent to the Leased Premises) to supply water, gas, telephone, electricity and other utility services commonly supplied to and within Comparable Recreational Properties similar to the Project Improvements, and Tenant shall, at Tenant’s sole cost and expense, subject to the obligations of the applicable utility provider, maintain and repair all water pipes, conduits, electric lines, gas pipes and other transmission facilities in, on or servicing the Leased Premises during the Term, provided that to the extent the same are not located in or on the Leased Premises, the obligation of Tenant shall be only to maintain such pipes, conduits, lines or other facilities to the connection points located in the streets immediately adjacent to the Leased Premises. During the Term, Tenant shall pay, or cause to be paid, for all water used in the Leased Premises and all rents, fees or charges imposed for water used, and for any sewage charge, or assessment, whether imposed by meter or otherwise. Tenant shall comply with all water conservation measures required by Applicable Laws. During the Term, Tenant shall also pay, or cause to be paid, for all gas, electricity, fuel and other utilities used or consumed to heat, cool, light, illuminate or otherwise power the Leased Premises and outside lighting and signs, if any, for the Leased Premises on or surrounding the Leased Premises (excluding costs of municipal street lighting) or otherwise delivered thereto. No interruption or malfunction of any utility services shall constitute an eviction or disturbance of Tenant’s possession of the Leased Premises or a breach of the covenant of quiet enjoyment, and no such interruption or malfunction shall result in any abatement or reduction in Rent.

Utility Costs. Landlord shall not be obligated to furnish or pay for any utilities for the Leased Premises. Tenant shall cause the necessary mains, provide mains and conduits and other facilities to be provided and maintained (from and within the property lines of the Leased Premises to the connection with the supplying utility in the streets immediately adjacent to the Leased Premises) to supply water, gas, telephone, electricity and other utility services commonly supplied to and within Comparable Recreational Properties similar sanitary sewage service to the Project Improvements, and Tenant shall, at Tenant’s sole cost and expense, subject to the obligations of the applicable utility provider, maintain and repair all water pipes, conduits, electric lines, gas pipes and other transmission facilities in, on or servicing the Leased Premises during the Term, provided that to the extent the same are not located in or on the Leased Premises, the obligation of Tenant shall be only to maintain such pipes, conduits, lines or other facilities to the connection points located in the streets immediately adjacent to the Leased Premises. During the Term, Tenant shall pay, when due, all charges for sewer usage or cause rental, garbage disposal, refuse removal, water, electricity, gas, telephone and/or other utility services or energy source (the "Utilities") furnished to be paid, for all water used in the Leased Premises and all rents, fees or charges imposed for water used, and for any sewage chargeduring the term of this Lease, or assessment, whether imposed by meter any renewal or otherwiseextension thereof (the "Utility Costs"). Tenant shall comply with all water conservation measures required by Applicable Laws. During the TermMoreover, Tenant agrees that during the period beginning on the Commencement Date and ending on November 30, 2002, it shall also pay, as Additional Rent, 33% of the costs of electric, gas and water for the vacant space located only on the first floor of the Building (and not including the basement); provided, however, that by the Commencement Date Landlord shall install at its own cost (which cost shall not constitute an Operating Cost payable as Additional Rent by the Tenant) an energy management system in the Building that allows for separate zoning of the vacant space from the Premises so as to allow temperature set backs on the vacant space. At any time any services or cause to be paidutilities are jointly metered, Tenant shall pay its Proportionate Share thereof within 20 days of Landlord's written statement. Landlord shall maintain and keep available for Tenant's inspection, for all gasa period of a minimum of two years, electricityrecords of the Utilities in the Building. Tenant may audit such records upon reasonable notice to Landlord with an auditor reasonably acceptable to Landlord, fuel and other utilities used or consumed to heatthe cost of such auditors shall be split between Landlord and Tenant. The audit must be performed during regular business hours in the office where Landlord maintains its accounting records. Within 10 business days of the completion of the audit, coolTenant will provide a copy of the audit. Any adjustment in Utility Costs as a result of an audit shall be both retroactive and prospective for any vacant space in the Building, light, illuminate or otherwise power the Leased Premises and outside lighting and signs, if any, prospective only for the Leased Premises on or surrounding entire Building. It as a result of any such audit it is determined that Landlord has overcharged Tenant for its proportionate share of Utility Costs, (i) Landlord shall promptly refund such overpayment to Tenant and (ii) notwithstanding the Leased Premises foregoing, Landlord shall pay the entire cost of the audit if Tenant has been overcharged by more than five percent (excluding costs 5%). If as a result of municipal street lightingany such audit it is determined that Landlord has undercharged Tenant for its proportionate share of Utility Costs (i) or otherwise delivered theretoTenant shall promptly pay the difference to Landlord and (ii) notwithstanding the foregoing, Tenant shall pay the entire cost of the audit if Tenant has been undercharged by more than five percent (5%). No interruption or malfunction of any utility services subtenant will have the right to audit under this provision. An assignee, approved by Landlord, may have the right to audit as provided herein, however, such right shall constitute an eviction or disturbance of Tenant’s possession only apply to the assignee's term of the Leased occupancy in the Premises pursuant to the Lease. Landlord shall have the right at any time, at its sole cost (and not payable by Tenant as Additional Rent), to submeter or a breach of the covenant of quiet enjoyment, and no such interruption or malfunction separately meter Tenant's utility usage. The utility costs shall result in any abatement or reduction in be deemed Additional Rent.

Utility Costs. Landlord shall not be obligated to furnish or (a) The Tenant must pay for all Utility Costs. (b) If any utilities for Utility Cost is not separately metered or assessed against the Leased Tenant or the Premises. , the Tenant shall cause must pay a proportion of that Utility Cost, being: (i) the necessary mainsTenant’s Proportion; or (ii) if required by the Landlord (acting reasonably), conduits such other proportion as the Landlord considers fair and other facilities reasonable having regard to be provided and maintained (from and within the property lines Tenant’s use of the Leased Premises relevant Utility Service. (c) The Tenant must pay each Utility Cost to the connection with the supplying utility in the streets immediately adjacent Landlord (or directly to the Leased Premisesrelevant Authority, if required by the Landlord) within 14 days of demand by the Landlord. (d) If the Landlord does not provide any Utility Services to the Tenant, then the Tenant must make its own arrangements to obtain and purchase that Utility Service from a supplier. (e) The Landlord is not required to install separate meters to measure the consumption of any Utility Service. (f) The Landlord may at any time elect to supply water, gas, telephone, electricity and other utility services commonly supplied to and within Comparable Recreational Properties similar any Utility Service directly to the Project ImprovementsTenant. If the Landlord makes that election, and then: (i) the Tenant shall, at must purchase from the Landlord the Tenant’s sole cost and expense, subject to the obligations of the applicable utility provider, maintain and repair all water pipes, conduits, electric lines, gas pipes and other transmission facilities in, on or servicing the Leased Premises during the Term, provided 's requirements for that Utility Service to the extent that it is supplied to the same are Tenant by the Landlord; (ii) the amount payable for that Utility Service will be determined by the Landlord but will not located exceed the maximum amount that the relevant Authority or usual supplier would ordinarily charge a single consumer for that Utility Service (in accordance with maximum pricing or on other regulatory requirements); (iii) the Leased PremisesTenant must pay the Landlord for the Utility Services within 14 days of the Landlord billing the Tenant for that service; and (iv) the Tenant must comply with the Landlord’s general terms and conditions of supply as prescribed from time to time. (g) If the Tenant fails to pay any Utility Cost to the Landlord in accordance with this clause 4.1, the obligation of Tenant shall be only to maintain such pipes, conduits, lines or other facilities to Landlord may discontinue the connection points located in the streets immediately adjacent to the Leased Premises. During the Term, Tenant shall pay, or cause to be paid, for all water used in the Leased Premises and all rents, fees or charges imposed for water used, and for any sewage charge, or assessment, whether imposed by meter or otherwise. Tenant shall comply with all water conservation measures required by Applicable Laws. During the Term, Tenant shall also pay, or cause to be paid, for all gas, electricity, fuel and other utilities used or consumed to heat, cool, light, illuminate or otherwise power the Leased Premises and outside lighting and signs, if any, for the Leased Premises on or surrounding the Leased Premises (excluding costs of municipal street lighting) or otherwise delivered thereto. No interruption or malfunction of any utility services shall constitute an eviction or disturbance of Tenant’s possession supply of the Leased Premises or a breach relevant Utility Service until the Tenant has paid the relevant Utility Cost. The Tenant must also pay all costs and charges in respect of reconnecting the covenant of quiet enjoyment, and no such interruption or malfunction shall result in any abatement or reduction in RentUtility Service.

Utility Costs. Other than in connection with a Landlord Event, Landlord shall not be obligated to furnish or pay for any utilities for the Leased Premises. Tenant shall cause the necessary mains, conduits and other facilities to be provided and maintained (from and within the property lines of the Leased Premises and beyond to the connection with the supplying utility in the streets immediately adjacent to the Leased Premises) to supply water, gas, telephone, electricity and other utility services commonly supplied to and within Comparable Recreational Properties Facilities similar to the Project Improvements, and Tenant shall, at Tenant’s sole cost and expense, subject to the obligations of the applicable utility provider, maintain and repair all water pipes, conduits, electric lines, gas pipes and other transmission facilities in, on or servicing the Leased Premises Project Improvements during the Term, provided that to the extent the same are not located in or on the Leased Premises, the obligation of Tenant shall be only to maintain such pipes, conduits, lines or other facilities to the connection points located in the streets immediately adjacent to the Leased Premises. During the Term, Tenant shall pay, or cause to be paid, for all water used in the Leased Premises Project Improvements and all rents, fees rents or charges imposed for water used, and for any sewage charge, charge or assessment, whether imposed by meter or otherwise, and Landlord shall be responsible for any such costs arising from or relating to Landlord Events. Tenant shall comply with all water conservation measures required by Applicable Laws. During the Term, Tenant shall also pay, or cause to be paid, for all gas, electricity, fuel and other utilities used or consumed to heat, cool, light, illuminate or otherwise power the Leased Premises Project Improvements and outside lighting and signs, if any, for the Leased Premises Project Improvements on or surrounding the Leased Premises Project Improvements (excluding costs of municipal street lighting) or otherwise delivered thereto. No interruption or malfunction of any utility services shall constitute an eviction or disturbance of Tenant’s possession of the Leased Premises or a breach of the covenant of quiet enjoyment, and no Landlord shall be responsible for any such interruption costs arising from or malfunction shall result in relating to Landlord Events. Except to the extent caused by the gross negligence or willful misconduct of Landlord or any abatement or reduction in Rent.Related Party of Landlord,