Common use of Utility Deregulation Clause in Contracts

Utility Deregulation. Landlord has advised Tenant that various utility companies (each to be referred to herein as a “Current Service Provider”) are the utility companies selected by Landlord to provide service for the Development. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the term of this Lease to either contract for service from a different company or companies providing service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Current Service Provider. Tenant shall cooperate with Landlord, the Current Service Providers, and any Alternate Service Provider at all times and, as reasonably necessary, and shall allow Landlord, the Current Service Providers, and any Alternate Service Provider reasonable access to the Building’s lines, feeders, risers, wiring, and other machinery within the Premises, provided such access shall not unreasonably interfere with Tenant’s use and occupancy of the Premises for its business purposes. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any failure, interference, disruption, or defect in the supply of utility services furnished to the Premises by the Current Service Providers or any Alternate Service Provider, or of any change in the quality or character of the utility services supplied by the Current Service Providers or any Alternate Service Provider.

Appears in 3 contracts

Samples: Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii), Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii), Office Lease Agreement (Alpha Healthcare Acquisition Corp Iii)

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Utility Deregulation. Landlord has advised Tenant that various utility companies (each to be referred to herein as a “Current Service Provider”) are the utility companies selected by Landlord to provide service for the Development. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the term of this Lease to either contract for service from a different company or companies providing service (each such company shall hereinafter be referred to as an “Alternate Service Provider”) or continue to contract for service from the Current Service Provider. Tenant shall cooperate with Landlord, the Current Service Providers, and any Alternate Service Provider at all times and, as reasonably necessary, and shall allow Landlord, the Current Service Providers, and any Alternate Service Provider reasonable access to the Building’s lines, feeders, risers, wiring, and other machinery within the Premises. Unless caused by the willful misconduct or negligence of Landlord, provided such access shall not unreasonably interfere with Tenant’s use and occupancy of the Premises for its business purposes. agents or employees, Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any failure, interference, disruption, or defect in the supply of utility services furnished to the Premises by the Current Service Providers or any Alternate Service ProviderPremises, or of any change in the quality or character of the utility services supplied by the Current Service Providers or any Alternate Service Provider, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease.

Appears in 2 contracts

Samples: Office Lease Agreement (Cognition Therapeutics Inc), Office Lease Agreement (Cognition Therapeutics Inc)

Utility Deregulation. Landlord has advised Tenant that various utility companies presently Texas Utilities (each to be referred to herein as a “Current "Electric Service Provider") are is the utility companies company selected by Landlord to provide electricity service for the DevelopmentProject. Notwithstanding the foregoing, if permitted by applicable law, Landlord shall have the right at any time and from time to time during the term of this Lease Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Current Electric Service Provider. Tenant shall cooperate with Landlord, the Current Electric Service ProvidersProvider, and any Alternate Service Provider at all times and, as reasonably necessary, and shall allow Landlord, the Current Electric Service ProvidersProvider, and any Alternate Service Provider reasonable access to the Building’s Project's electric lines, feeders, risers, wiring, and any other machinery within the Premises, provided such access shall not unreasonably interfere with Tenant’s use and occupancy of the Premises for its business purposes. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply of utility services furnished to the Premises by the Current Service Providers or any Alternate Service Provider, or of any change in the quality or character of the utility services electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Current Electric Service Providers Provider or any Alternate Alternative Service ProviderProvider is no longer available or suitable for Tenant's requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Numbeer, Inc.), Lease Agreement (Essxsport Corp)

Utility Deregulation. Landlord has advised Tenant that various utility companies presently, Florida Power & Light (each to be referred to herein as a “Current "Electric Service Provider") are is the utility companies company selected by Landlord to provide utility service for the DevelopmentBuilding. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the term of this Lease Term to either contract for service from a different company or companies providing electric service (each a such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Current Electric Service Provider. Tenant shall cooperate with Landlord, the Current Electric Service Providers, Provider and any Alternate Service Provider at all times and, as reasonably necessary, and shall allow Landlord, the Current Electric Service ProvidersProvider, and any Alternate Service Provider reasonable access to the Building’s 's electric lines, feeders, risers, wiring, wiring and any other machinery within the Premises, provided such access shall not unreasonably interfere with Tenant’s use and occupancy of the Premises for its business purposes. Landlord shall be in no way be liable or responsible for any loss, damage, damage or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, disruption or defect in the supply or character of utility services the electric energy furnished to the Premises (except to the extent caused by the Current negligence or willful misconduct of Landlord, its agents, employees or contractors), or if the quantity or character of the electric energy supplied by the Electric Service Providers Provider or any Alternate Service ProviderProvider is no longer available or suitable for Tenant's requirements, then no such change, failure, defect, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any change in of its obligations under the quality or character of the utility services supplied by the Current Service Providers or any Alternate Service ProviderLease.

Appears in 2 contracts

Samples: Letter Agreement (1997 Corp), Andrx Corp

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Utility Deregulation. Landlord has advised Tenant that various utility companies presently Alabama Power Company (each to be referred to herein as a “Current "Electric Service Provider) are is the utility companies company selected by Landlord landlord to provide electricity service for the Developmentproject. Notwithstanding the foregoing, if permitted by lawLaw, Landlord shall have the right at any time and from time to time during the term of this Lease Term to either contract for service from a different company or companies providing electricity service (each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Current Electric Service Provider; provided, however, in Landlord’s reasonable business judgment that such charges for electrical services are at rates competitive within the market area. Tenant shall cooperate with Landlord, the Current Electric Service ProvidersProvider, and any Alternate Service Provider at all times and, as reasonably necessary, and shall allow Landlord, the Current Electric Service ProvidersProvider, and any Alternate Service Provider reasonable access to the Building’s projects electric lines, feeders, risers, wiring, and any other machinery within the Premises, provided such access shall not unreasonably interfere with Tenant’s use and occupancy of the Premises for its business purposes. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of utility services the electric energy furnished to the Premises Premises, or if the quantity or character of the electric energy supplied by the Current Electric Service Providers Provider or any Alternate Service ProviderProvider is no longer available or suitable for Tenant's requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any change in of its obligations under the quality Lease unless such change, failure, defect, unavailability or character of the utility services supplied by the Current Service Providers unsuitability shall result from Landlord’s neglect or any Alternate Service Providerwillful conduct.

Appears in 1 contract

Samples: Lease Agreement

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