CUC; Utilities Sample Clauses
CUC; Utilities. Landlord, through its own employees or by retention of a qualified third party, shall be responsible for operation, maintenance and repair of the Central Utilities Complex located at the Project and all cooling towers and associated buildings (collectively, the “CUC”) and all Utility system components and equipment located outside of the Premises in the manner of a Class A office/research park located in the Market Area. Landlord shall be responsible for the continued operation of the CUC on a twenty four (24) hour per day, three hundred sixty five (365) day per year basis (without interruption) at the Project throughout the Term. As of the Commencement Date, the CUC supplies the Utilities to the Premises. Tenant, at its cost, shall be responsible for the operation, maintenance and repair of all Utility system components and equipment located within or on the Premises or on the roof of any Premises Building that exclusively serves the Premises. Tenant also shall be responsible for its metered utility consumption. Landlord shall be responsible for the costs of operation, maintenance and repair of the CUC, which costs (including the cost to read meters and generate invoices) shall be included in costs of such Utilities, and shall not be included in CAM Area Operating Expenses. Landlord shall be responsible for the costs of operation, maintenance and repair of (i) the Utility Rooms, (ii) the Pass-Through Utilities, and (iii) all other Utility system components and equipment located outside of the Premises, which costs shall be included in CAM Area Operating Expenses, and shall not be included in costs of such Utilities. All capital expense in connection with the repair or replacement of (i) the CUC, (ii) the Utility Rooms, (iii) the Pass-Through Utilities, and (iv) all other Utility system components and equipment located outside of the Premises shall be included in CAM Area Operating Expenses and shall not be subject to the CAM Cap. Direct costs of consumption of Utilities generated and delivered through the CUC shall be billed and paid in accordance with the terms of Section 12.5(b), and the schedules to Exhibit K. Notwithstanding anything to the contrary contained herein, at all times during the Term that any of the Utilities are not supplied to the Premises through the CUC, Landlord shall, at its sole cost and expense, supply such utility services to the Premises from third party providers (in quantities equivalent to that provided by the CUC). Landlord s...
