Utility Deregulation. Landlord has advised Tenant that presently, Florida Power & Light ("Electric Service Provider") is the utility company selected by Landlord to provide utility service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electric service (a such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Electric Service Provider. Tenant shall cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring and any other machinery within the Premises. Landlord shall be in no way liable or responsible for any loss, damage or expense that Tenant may sustain or incur by reason of change, failure, interference, disruption or defect in the supply or character of the electric energy furnished to the Premises (except to the extent caused by the 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 Provider or any Alternate Service Provider 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 of its obligations under the Lease.
Appears in 3 contracts
Samples: Standard Lease (Cybear Inc), Standard Lease (Andrx Corp), Standard Lease (1997 Corp)
Utility Deregulation. Landlord has advised Tenant that presently, Florida Power & Light various utility companies ("Electric each to be referred to herein as a “Current Service Provider"”) is are the utility company companies selected by Landlord to provide utility service for the BuildingDevelopment. 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 (a each such company shall hereinafter be referred to as an "“Alternate Service Provider"”) or continue to contract for service from the Electric Current Service Provider. Tenant shall cooperate with Landlord, the Electric Current Service Provider Providers, and any Alternate Service Provider at all times and, as reasonably necessary, and shall allow Landlord, Electric the Current Service ProviderProviders, and any Alternate Service Provider reasonable access to the Building's electric ’s 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 change, any failure, interference, disruption 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 electric energy furnished to the Premises (except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors), or if the quantity or character of the electric energy utility services supplied by the Electric Current Service Provider Providers or any Alternate Service Provider 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 of its obligations under the LeaseProvider.
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)
Utility Deregulation. Landlord Sublandlord has advised Tenant that presentlypresently PacifiCorp, Florida d/b/a Utah Power & Light ("“Electric Service Provider"”) is the utility company selected by Landlord Sublandlord to provide utility electric service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have Sublandlord has the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electric service (a each such company shall is hereinafter be referred to as an "“Alternate Service Provider"”) or continue to contract for service from the Electric Service Provider. .
(a) Tenant shall will cooperate with LandlordSublandlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider at all times, and, as reasonably necessary, shall allow Sublandlord, Electric Service Provider and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring wiring, and any other machinery within the Premises. Landlord ; provided, however, that such access shall not unreasonably interfere with Tenant’s business operations or shall be conducted in such a way as to minimize interference with Tenant’s business operations.
(b) Sublandlord is in no way 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 the electric energy furnished to the Premises (except to the extent Premises, unless caused by the Sublandlord’s gross negligence or willful misconduct of Landlord, its agents, employees or contractors)misconduct, or if the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is no longer available or suitable for Tenant's requirements’s requirements (collectively, then an “Electrical Disruption”), and no such change, failure, defect, unavailability or unsuitability shall Electrical Disruption will constitute an actual or constructive eviction, in whole or in part, or nor will it entitle Tenant to any abatement or diminution of Rent, or relieve Tenant from any of its obligations under the LeaseLease unless such Electrical Disruption is caused by Sublandlord’s willful misconduct or gross negligence.
Appears in 2 contracts
Samples: Sublease Agreement (Franklin Covey Co), Sublease Agreement (Franklin Covey Co)
Utility Deregulation. Landlord has advised Tenant that presently, Florida Power & Light presently Texas Utilities ("Electric Service Provider") is the utility company selected by Landlord to provide utility electricity service for the BuildingProject. Notwithstanding the foregoing, if permitted by applicable law, Landlord shall have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electric electricity service (a each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Electric Service Provider. Tenant shall cooperate with Landlord, the Electric Service Provider Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the BuildingProject's electric lines, feeders, risers, wiring wiring, and any other machinery within the Premises. 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 the electric energy furnished to the Premises (except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors)Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Alternative Service Provider is no longer available or suitable for Tenant's requirements, then and no such change, failure, defect, unavailability unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rentrent, or relieve Tenant from any of its obligations under the this Lease.
Appears in 2 contracts
Samples: Lease Agreement (Numbeer, Inc.), Lease Agreement (Essxsport Corp)
Utility Deregulation. Landlord has advised Tenant that presently, Florida Power & Light various utility companies ("Electric each to be referred to herein as a “Current Service Provider"”) is are the utility company companies selected by Landlord to provide utility service for the BuildingDevelopment. 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 (a each such company shall hereinafter be referred to as an "“Alternate Service Provider"”) or continue to contract for service from the Electric Current Service Provider. Tenant shall cooperate with Landlord, the Electric Current Service Provider Providers, and any Alternate Service Provider at all times and, as reasonably necessary, and shall allow Landlord, Electric the Current Service ProviderProviders, and any Alternate Service Provider reasonable access to the Building's electric ’s lines, feeders, risers, wiring wiring, and any other machinery within the Premises. Unless caused by the willful misconduct or negligence of Landlord, its agents or employees, 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 change, any failure, interference, disruption disruption, or defect in the supply of utility services furnished to the Premises, or of any change in the quality or character of the electric energy furnished to the Premises (except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors), or if the quantity or character of the electric energy utility services supplied by the Electric Current Service Provider Providers or any Alternate Service Provider is no longer available or suitable for Tenant's requirementsProvider, then and no such change, failure, defect, unavailability unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rentrent, or relieve Tenant from any of its obligations under the this Lease.
Appears in 2 contracts
Samples: Office Lease Agreement (Cognition Therapeutics Inc), Office Lease Agreement (Cognition Therapeutics Inc)
Utility Deregulation. 6.1 Landlord has advised hereby advises Tenant that presently, Florida Power & Light presently Ameren UE ("the “Electric Service Provider"”) is the utility company selected by Landlord to provide utility electric service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electric electricity service (a each such company shall hereinafter be referred to as an "“Alternate Service Provider"”) or continue to contract for service from the Electric Service Provider. .
6.2 Tenant shall cooperate with Landlord, the Electric Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, Provider and any Alternate Service Provider reasonable access to the Building's ’s electric lines, feeders, risers, wiring wiring, and any other machinery within the Demised Premises. .
6.3 Unless attributable to Landlord’s negligence, 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 the electric energy furnished to the Premises (except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors)Demised Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is no longer available or suitable for Tenant's ’s requirements, then and no such change, failure, defect, unavailability unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rentrent, or relieve Tenant from any of its obligations under the Lease.
Appears in 1 contract
Utility Deregulation. Landlord has advised Tenant that presently, Florida Power & Light ("Electric Service Provider") is To the utility company selected by Landlord to provide utility service for the Building. Notwithstanding the foregoing, if extent permitted by law, Sublessor or Landlord shall have the right at any time and from time to time during the Lease Term to either contract for or purchase electrical service from a different any company or companies third party providing electric service electricity services (a such company shall hereinafter be referred to as an the "Alternate Electricity Service Provider") ), which contract or continue purchase shall in Sublessor's reasonable opinion be beneficial to contract for service from the Electric Service Provideroccupants of the Building or of the Boston University Medical Campus taken as a whole. Tenant shall Sublessee, at no cost to Sublessee, agrees to reasonably cooperate with Landlord, Sublessor and the Electric Electricity Service Provider and any Alternate Service Provider at all times and, as reasonably necessary, and on reasonable advance notice, shall allow Landlord, Electric Service ProviderSublessor, and any Alternate the Electricity Service Provider reasonable access to the Building's electric any electrical lines, feeders, risers, wiring and any other such machinery within the Sublease Premises. Landlord and Sublessor (unless due to Sublessor's negligence or omission or willful misconduct) shall not be in no way liable or responsible for any loss, damage damage, or expense that Tenant Sublessee may sustain or incur by reason of any change, failure, interference, disruption or defect in the supply or character of the electric energy furnished to the Premises (except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors)Sublease Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Electricity Service Provider is no longer available or suitable for TenantSublessee's requirements, then and no such change, failure, defect, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant Sublessee to any abatement or diminution of Rentrent (except as may be expressly provided herein), or relieve Tenant Sublessee from any of its obligations under the LeaseSublease.
Appears in 1 contract
Utility Deregulation. (a) Landlord has advised Tenant that presently, Florida Power & Light presently Texas Utilities Electric Company ("Electric Service Provider") is the utility company selected by Landlord to provide utility electric service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have has the right at any time and from time to time during the Lease Term to either reasonably contract for service from a different company or companies providing electric service (a each such company shall is hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the Electric Service Provider. .
(b) Tenant shall will cooperate with Landlord, the Electric Service Provider Provider, and any Alternate Service Provider at all times times, and, as reasonably necessary, shall allow Landlord, Electric Service Provider, Provider and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring wiring, and any other machinery within the Premises. .
(c) Except as provided in Section 5.6, Landlord shall be is in no way 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 the electric energy furnished to the Premises (except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors)Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is no longer available or suitable for Tenant's requirements, then and no such change, failure, defect, unavailability unavailability, or unsuitability shall will 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 the Lease.
Appears in 1 contract
Samples: Lease of Office Space (Diversified Corporate Resources Inc)
Utility Deregulation. Landlord has advised Tenant that presently, Florida presently Alabama Power & Light Company ("Electric Service Provider") is the utility company selected by Landlord landlord to provide utility electricity service for the Buildingproject. Notwithstanding the foregoing, if permitted by lawLaw, Landlord shall have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electric electricity service (a each such company shall hereinafter be referred to as an "Alternate Service Provider") or continue to contract for service from the 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 Electric Service Provider Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, and any Alternate Service Provider reasonable access to the Building's projects electric lines, feeders, risers, wiring wiring, and any other machinery within the Premises. 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 the electric energy furnished to the Premises (except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors)Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is no longer available or suitable for Tenant's requirements, then and no such change, failure, defect, unavailability unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rentrent, or relieve Tenant from any of its obligations under the LeaseLease unless such change, failure, defect, unavailability or unsuitability shall result from Landlord’s neglect or willful conduct.
Appears in 1 contract
Samples: Shopping Center Lease Agreement
Utility Deregulation. 8.1.1 Landlord has advised Tenant that presently, Florida Power & Light presently LA Municipal Services ("“Electric Service Provider"”) is the utility company selected by Landlord to provide utility electricity service for the Building. Notwithstanding the foregoing, if permitted by lawLaw, Landlord shall have the right at any time and from time to time during the Lease Term either to either contract for service from a different company or companies providing electric electricity or other utility service (a each such company shall hereinafter be referred to as an "“Alternate Service Provider"”) to the Building or any portion thereof, or continue to contract for service from the Electric Service Provider. Building’s existing utility provider.
8.1.2 Tenant shall cooperate with Landlord, the Electric Service Provider Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, 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. .
8.1.3 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 the electric energy furnished to the Premises (except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors)Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is no longer available or suitable for Tenant's ’s requirements, then and no such change, failure, defect, unavailability unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rentrent, or relieve Tenant from any of its obligations under the Lease.
Appears in 1 contract
Samples: Lease Agreement (Rentech Inc /Co/)
Utility Deregulation. 6.1 Landlord has advised hereby advises Tenant that presently, Florida Power & Light presently Ameren UE ("the “Electric Service Provider"”) is the utility company selected by Landlord to provide utility electric service for the Building. Notwithstanding the foregoing, if permitted by law, Landlord shall have the right at any time and from time to time during the Lease Term to either contract for service from a different company or companies providing electric electricity service (a each such company shall hereinafter be referred to as an "“Alternate Service Provider"”) or continue to contract for service from the Electric Service Provider. .
6.2 Tenant shall cooperate with Landlord, the Electric Service Provider Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, Electric Service Provider, Provider and any Alternate Service Provider reasonable access to the Building's ’s electric lines, feeders, risers, wiring wiring, and any other machinery within the Demised Premises. .
6.3 Unless attributable to Landlord’s negligence, 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 the electric energy furnished to the Premises (except to the extent caused by the negligence or willful misconduct of Landlord, its agents, employees or contractors)Demised Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider or any Alternate Service Provider is no longer available or suitable for Tenant's ’s requirements, then and no such change, failure, defect, unavailability unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rentrent, or relieve Tenant from any of its obligations under the Lease.
Appears in 1 contract
Samples: Lease Agreement (Perficient Inc)