Common use of Utility Expenses Clause in Contracts

Utility Expenses. For any such utility fees, use charges, or similar services that are not billed or metered separately to Tenant, including without limitation, water and sewer charges, and garbage and waste disposal (collectively, “Utility Expenses”), Tenant shall pay to Landlord Tenant’s Share of Utility Expenses. If Landlord reasonably determines that Tenant’s Share of Utility Expenses is not commensurate with Tenant’s use of such services, Tenant shall pay to Landlord the amount which is attributable to Tenant’s use of the utilities or similar services, as reasonably estimated and determined by Landlord, based upon factors such as size of the Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant’s use of such utilities and similar services. If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant’s sole expense. Tenant shall also pay Tenant’s Share of any assessments, charges, and fees included within any tax xxxx for the Lot on which the Premises are situated, including without limitation, entitlement fees, allocation unit fees, sewer use fees, and any other similar fees or charges.

Appears in 3 contracts

Samples: Lease Agreement (Alphasmart Inc), Lease Agreement (Nuance Communications), Lease Agreement (Nuance Communications)

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Utility Expenses. For Tenant shall pay to Landlord Tenant’s Share of any such utility fees, use charges, or similar services that are not billed or metered separately to Tenant, including without limitation, water and sewer charges, and garbage and waste disposal Tenant (collectively, “Utility Expenses”), Tenant shall pay to Landlord Tenant’s Share of Utility Expenses. If Landlord reasonably determines that Tenant’s Share of Utility Expenses is not commensurate with Tenant’s use of such services, Tenant shall pay to Landlord the amount which is attributable to Tenant’s use of the utilities or similar services, as reasonably estimated and determined by Landlord, based upon objective evidence, including factors such as size of the Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant’s use of such utilities and similar services. If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant’s sole expense. Tenant shall also pay Tenant’s Share of any assessments, charges, charges and fees included within any tax xxxx for the Lot on which the Premises are situated, including without limitation, entitlement fees, allocation unit fees, fees and sewer use fees. Notwithstanding anything to the contrary in this Section 7, if Tenant disputes Landlord’s determination of Tenant’s Share of Utility Expenses, Landlord shall, at Tenant’s sole cost and any other similar fees expense, have the right, in its sole and absolute discretion, to perform all work necessary to separately meter (with PG&E meters if such utility is gas or chargeselectric) the utility usage of the Premises.

Appears in 2 contracts

Samples: And Attornment Agreement, Lease Agreement (Restoration Robotics Inc)

Utility Expenses. For Tenant shall pay to Landlord Tenant’s Share of any such utility fees, use charges, or similar services that are not billed or metered separately to Tenant, including without limitation, water and sewer charges, and garbage and waste disposal Tenant (collectively, “Utility Expenses”), Tenant shall pay to Landlord Tenant’s Share of Utility Expenses. If Landlord reasonably determines that Tenant’s Share of Utility Expenses is not commensurate with Tenant’s use of such services, Tenant shall pay to Landlord the amount which is attributable to Tenant’s use of the utilities or similar services, as reasonably estimated and determined by Landlord, based upon factors such as size of the Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant’s use of such utilities and similar services. If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant’s sole expense. Tenant shall also pay Tenant’s Share of any assessments, charges, charges and fees included within any tax xxxx for the Lot on which the Premises are situated, including without limitation, entitlement fees, allocation unit fees, fees and sewer use fees. Notwithstanding anything to the contrary in this Section 7, if Tenant disputes Landlord’s determination of Tenant’s Share of Utility Expenses, Landlord shall, at Tenant’s sole cost and any other similar fees expense, have the right, in its sole and absolute discretion, to perform all work necessary to separately meter (with PG&E meters if such utility is gas or chargeselectric) the utility usage of the Premises.

Appears in 2 contracts

Samples: Lease Agreement (Gsi Group Inc), Lease Agreement (GigOptix, Inc.)

Utility Expenses. For any such utility fees, use charges, or similar services that are not billed or metered separately to Tenant, including without limitation, water and sewer charges, and garbage and waste disposal (collectively, “Utility Expenses”), Tenant shall pay to Landlord Tenant’s Share of Utility Expenses. If Landlord reasonably determines that Tenant’s Share of Utility Expenses is not commensurate with Tenant’s use of such services, Tenant shall pay to Landlord the amount which is attributable to Tenant’s use of the utilities or similar services, as reasonably estimated and determined by Landlord, based upon factors such as size of the Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant’s use of such utilities and similar services. If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant’s sole expense. Tenant shall also pay Tenant’s Share of any assessments, charges, and fees included within any tax xxxx for the Lot on which the Premises are situated, including without limitation, entitlement fees, allocation unit fees, sewer use fees, and any other similar fees or charges. In the event the building is less than 95% occupied, for a period greater than 30 days, Landlord will adjust the actual utility expenses to reflect 95% occupancy (Gross-up Utility Expense) and the Tenant’s share shall be applied to the Gross-up Utility Expense.

Appears in 1 contract

Samples: Lease Agreement (Ruckus Wireless Inc)

Utility Expenses. For any such utility fees, use charges, or similar services that are not billed or metered separately to Tenant, including without limitation, water and sewer charges, and garbage and waste disposal (collectively, "Utility Expenses"), Tenant shall pay to Landlord Tenant’s 's Share of Utility Expenses. If Landlord reasonably determines that Tenant’s 's Share of Utility Expenses is not commensurate with Tenant’s 's use of such services, Tenant shall pay to Landlord the amount which is attributable to Tenant’s 's use of the utilities or similar services, as reasonably estimated and determined by Landlord, based upon factors such as size of the Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant’s 's use of such utilities and similar services. If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant’s 's sole expense. Tenant acknowledges that Landlord may install a submeter to measure electricity supplied to the Premises and, in the event Landlord so installs such submeter, Tenant shall pay, as Additional Rent, for any electrical use measured by such submeter. Tenant shall also pay Tenant’s 's Share of any assessments, charges, and fees included within any tax xxxx bill for the Lot Land on which the Premises are situated, including without limitation, entitlement fees, allocation unit fees, sewer use fees, and any other similar fees or charges.

Appears in 1 contract

Samples: Lease Agreement (SolarJuice Co., Ltd.)

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Utility Expenses. For Tenant shall pay to Landlord Tenant’s Share of any such utility fees, use charges, or similar services that are not billed or metered separately to Tenant, including without limitation, water and sewer charges, and garbage and waste disposal Tenant (collectively, “Utility Expenses”), Tenant shall pay to Landlord Tenant’s Share of Utility Expenses. If Landlord reasonably determines that Tenant’s Share of Utility Expenses is not commensurate with Tenant’s use of such services, Tenant shall pay to Landlord the amount which is attributable to Tenant’s use of the utilities or similar services, as reasonably estimated and determined by Landlord, based upon factors such as size of the Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant’s use of such utilities and similar services. If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant’s sole expense. Tenant shall also pay Tenant’s Share of any assessments, charges, charges and fees included within any tax xxxx bxxx for the Lot on which the Premises are situated, including without limitation, entitlement fees, allocation unit fees, fees and sewer use fees. Notwithstanding anything to the contrary in this Section 7, if Tenant disputes Landlord’s determination of Tenant’s Share of Utility Expenses, Landlord shall, at Tenant’s sole cost and any other similar fees expense, have the right, in its sole and absolute discretion, to perform all work necessary to separately meter (with PG&E meters if such utility is gas or chargeselectric) the utility usage of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Endwave Corp)

Utility Expenses. For any such utility fees, use charges, or similar services that are not billed or metered separately to Tenant, including without limitation, water and sewer charges, and garbage and waste disposal (collectively, "Utility Expenses"), Tenant shall pay to Landlord Tenant’s 's Share of Utility Expenses. If Landlord reasonably determines that Tenant’s 's Share of Utility Expenses is not commensurate with Tenant’s 's use of such services, Tenant shall pay to Landlord the amount which is attributable to Tenant’s 's use of the utilities or similar services, as reasonably estimated and determined by Landlord, based upon factors such as size of the Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant’s 's use of such utilities and similar services. If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant’s 's sole expense. Tenant shall also pay Tenant’s 's Share of any assessments, charges, and fees included within any tax xxxx for the Lot on which the Premises are situated, including without limitation, entitlement fees, allocation unit fees, sewer use fees, and any other similar fees or charges.

Appears in 1 contract

Samples: Lease Agreement (Abaxis Inc)

Utility Expenses. For any such utility fees, use charges, or similar services that are not billed or metered separately to Tenant, including without limitation, water and sewer charges, and garbage and waste disposal (collectively, “collectively "Utility Expenses"), Tenant shall pay to Landlord Tenant’s 's Share of Utility Expenses. If Landlord reasonably determines that Tenant’s 's Share of Utility Expenses is not commensurate with Tenant’s 's use of such services, Tenant shall pay to Landlord the amount which is attributable to Tenant’s 's use of the utilities or similar services, as reasonably estimated and determined by Landlord, based upon factors such as size of the Premises and intensity of use of such utilities by Tenant such that Tenant shall pay the portion of such charges reasonably consistent with Tenant’s 's use of such utilities and similar services. If Tenant disputes any such estimate or determination, then Tenant shall either pay the estimated amount or cause the Premises to be separately metered at Tenant’s 's sole expense. Tenant shall also pay Tenant’s 's Share of any assessments, charges, and fees included within any tax xxxx for the Lot on which the Premises are situated, including without limitation, entitlement fees, allocation unit fees, sewer use fees, and any other similar fees or charges.

Appears in 1 contract

Samples: Lease Agreement (Loudcloud Inc)

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