Excess Usage definition
Excess Usage is the quantity expressed in kilowatt-hours determined by subtracting Unused Credits from In Energy. If Unused Credits exceed In Energy, Excess Usage is equal to zero (0).
Excess Usage means any utility usage in excess of the utilities to be provided to the Premises by Landlord pursuant to Section 14(a), use of the Premises other than as expressly contemplated in this Lease, or the occupancy of the Premises by more persons than are contemplated by the design criteria of the Building Systems. Tenant acknowledges and agrees that Excess Usage would impose additional burdens on the Building Systems and the Building Common Areas and additional burdens and costs on Landlord, and agrees to bear any and all burdens, costs, and charges associated therewith. Excess Usage shall be billed at the prevailing rate then charged by Landlord.
(i) If the temperature otherwise maintained in any portion of the Premises by the Building Systems is affected by reason of Excess Usage, then Landlord shall give Tenant seven days’ written notice of such Excess Usage. If Tenant fails to promptly eliminate such Excess Usage, then Landlord shall have the right to install machines or equipment that Landlord reasonably deems necessary to restore temperature balance, including modifications to the Building Systems serving the Premises. The cost of any such equipment and modifications, including the cost of installation and any additional cost of operation and maintenance of the same, shall be paid by Tenant to Landlord upon demand.
(ii) In addition, if Tenant requires utilities or services in excess of that usually furnished or supplied for use of the Premises for the use specified in the Basic Lease Information, Tenant shall first procure the consent of Landlord (which Landlord may refuse) to the use thereof and Landlord, if it consents, may make an equitable charge to Tenant for such utilities or, at Landlord’s option and at the sole expense of Tenant, may cause applicable utility meter(s) to be installed in the Premises, to measure the amount of Tenant’s utility usage. The cost of any such meters and of installation, maintenance and repair thereof shall be additional Rent payable by Tenant to Landlord upon demand.
Excess Usage means the amount of SMS texting segments and/or phone voice minutes per FTE initiated through the Connect and/or Mass Notification services during a calendar month over 20 such segments or minutes per FTE in any two or more consecutive calendar months above such level. We shall use best commercial efforts to notify you through our client portal, our representatives, and/or via email prior to assessing any such additional charges, which shall not exceed $.0065 per segment or minute. Unless otherwise specified in the Order Form, "FTE" is defined as the number of full-time students plus half of the part-time students enrolled at your institution. Blackboard reserves the right to charge for overages as they occur throughout the term, provided however, any failure by Blackboard to timely invoice for any overages shall not constitute a waiver of your obligation to pay such fees.
Examples of Excess Usage in a sentence
If during a Billing Period, In Energy is greater than zero (0), then Excess Usage for that Billing Period will be calculated.
If Excess Usage is greater than zero (0), then for the Facility and any secondary account at the conclusion of that Billing Period: (i) kilowatt-hour usage will equal the value of Excess Usage and (ii) Unused Credits are equal to zero (0).
If Excess Usage is equal to zero (0), then for the Facility and secondary accounts at the conclusion of that Billing Period: (i) kilowatt-hour usage is equal to zero (0) and (ii) Unused Credits are reduced by the value of In Energy, determined for that Billing Period, and that reduced value, in accordance with paragraph (C) Unused Credits of this Article IV, will remain for possible future application.
The price shall be the then-current price per unit (excluding any discounts) of the Subscriptions and the duration of Excess Usage, unless the Parties otherwise agree in writing.
During times of prolonged, excessive usage of the Products and Services, we reserve the right to charge you additional fees not exceeding our estimated incremental costs, including applicable fees and taxes, for such Excess Usage.
More Definitions of Excess Usage
Excess Usage means the amount of SMS texting segments and/or phone voice minutes per FTE initiated through the Connect and/or Mass Notification services during a calendar month over 20 such segments or minutes per FTE in any two or more consecutive calendar months above such level. We shall use best commercial efforts to notify you through our client portal, our representatives, and/or via email prior to assessing any such additional charges, which shall not exceed $.0065 per segment or minute. Unless otherwise specified in the Order Form, "FTE" is defined as the number of full-time students plus half of the part-time students enrolled at your institution.
Excess Usage means Usage over and above the Monthly Usage Allowance Full Service Qualification means the qualifications which your ADSL Phone Line must pass to support ADSL. High Speed means data transmission speeds which are faster than conventional Dial Up, as determined by us from time to time. Megabyte means a unit of data storage capacity equal to 10 to the power of 6.
Excess Usage means any usage of Services that exceeds the agreed amount stated within the SOF.
Excess Usage means any usage of electricity (1) during other than Ordinary Business Hours; (2) in an amount in excess of Tenant's Standard Electrical Usage; or (3) for Special Equipment or for standard HVAC services during other than Ordinary Business Hours. "Special Equipment" means (a) any equipment consuming more than 0.5 kilowatts at rated capacity, (b) any equipment requiring a voltage other than 120 volts, single phase, or (c) equipment that requires the use of self-contained HVAC units. If Tenant desires Excess Usage, Landlord will use reasonable efforts to supply the same. Tenant shall reimburse Landlord for all Landlord's costs of providing services for Excess Usage, including costs for materials, additional wear and tear on equipment, utilities, and labor (including fringe and overhead costs). Computation of such costs will be made by Landlord's engineer, based on his engineering survey of Tenant's Excess Usage. Tenant shall also reimburse Landlord for all costs of supplementing the Building HVAC System and/or extending or supplementing any electrical service, as Landlord determines is necessary, as a result of Tenant's Excess Usage. Prior to installation or use of Special Equipment or operation of the Premises for extended hours on an ongoing basis, Tenant shall notify Landlord of such intended installation or use and obtain Landlord's consent. Not less than 48 hours' prior notice shall be given Landlord of Tenant's request for such services. Tenant may request that Landlord install at Tenant's cost a check meter and/or flow meter to determine the cost of Tenant's Excess Usage. Tenant shall also pay the cost of replacing light bulbs and/or tubes and ballast used in all lighting in the Premises other than that provided by Landlord to all tenants of the Building.
Excess Usage has the meaning specified in Section 2.10(c).
Excess Usage has the meaning set forth in Section 2.7 (Credit Based Subscription Model).
Excess Usage means: (a) the usage of electricity during times other than Ordinary Business Hours; (b) usage of electricity in an amount in excess of Building Standard Electrical; or (c) use of heating, ventilation, or cooled air at times other than Ordinary Business Hours. For purposes of determining (a) and (b) above, Landlord may prove such to Tenant by: (i) a survey of standard or average tenant usage of electricity in the Building but not less than what is normal and customary in the marketplace performed by a reputable consultant selected by Landlord; or (ii) by installing a separate meter in the Premises (either of which shall be hereinafter referred to as the “Measuring Systems”). If Landlord is correct in proving (a) and (b) above, Tenant shall pay for the cost of the Measuring Systems and for the cost of such Excess Usage promptly upon invoice from Landlord. The cost of (a) and (b) above, if any, will be made by Landlord’s licensed engineer, based on his engineering survey of Tenant’s Excess Usage and market rates. The cost of (c) above will be based on current market rates, as reasonably determined by Landlord and Tenant shall pay for such costs within ten (10) days of invoice from Landlord. Tenant shall give Landlord notice of its desire for (c) above at least twenty-four (24) hours in advance. Landlord shall use reasonable efforts to supply Tenant with Excess Usage. In addition, prior to installation or use of special equipment or operation of the Premises for extended hours on an ongoing basis, Tenant shall notify Landlord of such intended installation or use and obtain Landlord’s consent. Tenant shall also pay the cost of replacing light bulbs and/or tubes and ballast used in all lighting in the Premises other than that provided by Landlord to all tenants of the Building.