Common use of Electric Energy Clause in Contracts

Electric Energy. (a) Electric current will be supplied to the demised premises at the commencement of the term in accordance with the provisions of Subparagraph (b) of this Paragraph 46. Except for customary office equipment, Tenant agrees that it will make no electrical installations, alterations, additions or changes to electrical equipment or appliances without the prior written consent of Owner in each instance, which consent shall not be unreasonably withheld or delayed; provided that Tenant's use of electric current shall never exceed the capacity of the then existing feeders to the Building or the risers or wiring installation serving the demised premises. Tenant will at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. In the event that, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipment, the same shall be installed by Owner at Tenant's sole expense, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service to Tenant, the service rendered through each meter shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (30) days after the same are rendered and failure to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included in the bill ▇▇, and paid by Tenant to Owner.

Appears in 2 contracts

Sources: Office Lease (Media Metrix Inc), Sublease (Media Metrix Inc)

Electric Energy. (a1) Electric current will Landlord, subject to its ability to obtain the same from its principal supplier and to the needs of Landlord and co-tenants, shall cause the Premises to be supplied with electric current for lighting and power. Landlord shall permit its wires and conduits, (being normal office lighting and duplex receptacles) to the demised premises at the commencement of the term in accordance with the provisions of Subparagraph (b) of this Paragraph 46be used for such purpose. Except for customary office equipment, Tenant agrees that it will make no electrical installations, alterations, additions or changes to electrical equipment or appliances without the prior written consent of Owner in each instance, which consent shall not be unreasonably withheld or delayed; provided that Tenant's ’s use of electric current shall never exceed the safe capacity of existing electrical wiring on, and supplying the then existing feeders to the Building or the risers or wiring installation serving the demised premisesPremises. Tenant will at all times comply with the rules, regulations, terms Any special wires and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. In the event that, in Owner's sole judgment, conduits for Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipment, the same ’s special equipment shall be supplied and installed by Owner Tenant at Tenant's sole its expense, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill . ▇▇▇▇▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, receive power for the purpose of measuring such consumption, lighting and normal office use from Landlord the cost of which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except will be included in the case of a subletting of a portion Operating Expenses of the demised premises)Building. Where more than one meter measures the service Should Tenant require power in excess of that required for a normal office operation, ▇▇▇▇▇▇ agrees to Tenant, the service rendered through each meter pay for such additional power and such amount shall be computed collectible as rent. The amount shall be payable by Tenant monthly, and billed conjunctively shall be calculated in such a manner that it shall not exceed the amount that would have been payable for the said electricity had Tenant been charged directly for the electricity at the rate fixed by the authority providing the same. The charge to Tenant for this electricity may vary from time to time in accordance with changes in the provisions hereinabove set forthrate charged to Landlord. Bills for electric energy Any rental so collected will be credited to the total light and power expense of the Building prior to determining a Tenant’s Proportion of Operating Expenses. The cost of any required sub-meters and the installation thereof shall be rendered at such time as Owner may elect Tenant’s expense. The obligation of Landlord hereunder shall be subject to any rules or regulations to the contrary of the authority providing electricity or any other municipal or governmental authority. (2) Tenant agrees to pay the cost, including installation, of all electric light bulbs, tubes and ballasts used to replace those installed in the Premises at the commencement of the term and the amountcost of cleaning, maintenance and repair of the fluorescent fixtures as computed may be from time to time required by Landlord in accordance with prudent building management practices and Landlord shall at its option have the meterexclusive right to provide and carry out at Tenant’s expense such installations, maintenance, repair, relamping and destaticizing at reasonably competitive rates. (3) Any electrical energy consumed in the Premises in excess of 2.3 ▇▇▇▇▇ per square foot multiplied by 60 hours per week, multiplied by the rentable area of the Premises, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (30) days after the same are rendered and failure billed to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included in the bill ▇▇, and paid for by Tenant to OwnerTenant.

Appears in 2 contracts

Sources: Net Lease (Movella Holdings Inc.), Net Lease (Pathfinder Acquisition Corp)

Electric Energy. (a1) Electric current will Landlord, subject to its ability to obtain the same from its principal supplier and to the needs of Landlord and co-tenants, shall cause the Premises to be supplied with electric current for lighting and power. Landlord shall permit its wires and conduits, (being normal office lighting and duplex receptacles) to the demised premises at the commencement of the term in accordance with the provisions of Subparagraph (b) of this Paragraph 46be used for such purpose. Except for customary office equipment, Tenant agrees that it will make no electrical installations, alterations, additions or changes to electrical equipment or appliances without the prior written consent of Owner in each instance, which consent shall not be unreasonably withheld or delayed; provided that Tenant's use of electric current shall never exceed the safe capacity of existing electric wiring on, and supplying the then existing feeders to the Building or the risers or wiring installation serving the demised premisesPremises. Tenant will at all times comply with the rules, regulations, terms Any special wires and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. In the event that, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipment, the same shall be installed by Owner at Tenant's sole expense, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current conduits for Tenant's consumptionspecial equipment shall be supplied and installed by Tenant at its expense. Owner covenants and Tenant agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, receive power for the purpose of measuring such consumptionlighting and normal office use from Landlord, the cost of which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except will be included in the case of a subletting of a portion Operating Expenses of the demised premises)Building. Where more than one meter measures the service Should Tenant require power in excess of that required for a normal office operation, Tenant agrees to Tenant, the service rendered through each meter pay for such additional power and such amount shall be computed collectible as rent. The amount shall be payable by Tenant monthly, and billed conjunctively shall be calculated in such a manner that it shall not exceed the amount that would have been payable for the said electricity had Tenant been charged directly for the electricity at the rate fixed by the authority providing the same. The charge to Tenant for this electricity may vary from time to time in accordance with changes in the provisions hereinabove set forthrate charged to Landlord. Bills for electric energy Any rental so collected will be credited to the total light and power expense of the Building prior to determining a Tenant's Proportion of Operating Expenses. The cost of any required sub-meters and the installation thereof shall be rendered at such time as Owner may elect Tenant's expense. The obligation of Landlord hereunder shall be subject to any rules or regulations to the contrary of the authority providing electricity or any other municipal or governmental authority. (2) Tenant agrees to pay the cost, including installation, of all electric light bulbs, tubes and ballasts used to replace those installed in the Premises at the commencement of the term and the amountcost of cleaning, maintenance and repair of the fluorescent fixtures as computed may be from time to time required by Landlord in accordance with prudent building management practices and Landlord shall at its option have the meterexclusive right to provide and carry out at Tenant's expense such installations, maintenance, repair, relamping and destaticizing at reasonably competitive rates. (3) Any electrical energy consumed in the Premises in excess of 2.3 watts per square foot multiplied by 60 hours per week, multiplied by ▇▇▇ rentable area of the Premises, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (30) days after the same are rendered and failure billed to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included in the bill ▇▇, and paid for by Tenant to OwnerTenant.

Appears in 1 contract

Sources: Receiver's Assignment of Lease (Itc Learning Corp)

Electric Energy. Section 30.1 Subject to the provisions of this Article, Landlord shall furnish the electric energy that Tenant shall reasonably require in the Premises for the Permitted Use. Except for electric energy required to operate motors on the air handlers providing heat, Table of Contents ventilating and conditioning to the Premises (“HVAC Electric”), such electric energy may, at Landlord’s option, be furnished through a meter or meters and related equipment, installed and maintained by Landlord at Tenant’s expense, measuring the amount of electric energy furnished to the Premises. Tenant shall pay Landlord for such electric energy as Additional Rent, within ten (10) days after Landlord bills Tenant therefor, which bills shall be rendered not more often than monthly. The amount of such Additional Rent (a) for HVAC Electric current will shall be supplied equal to the demised premises at the commencement of the term in accordance with the provisions of Subparagraph Landlord’s cost, as determined pursuant to Section 28.1, and (b) for other electric energy furnished to the Premises (“Basic Electric”) shall be equal to Landlord’s actual cost, applied to the readings on each such meter or meters, including in each case, without limitation, those charges applicable to or computed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to or collected from similar consumers by such public utility company, fuel rate adjustments and surcharges, and weighted in each case to reflect differences in consumption or demand applicable to each rate level (taking into account the benefit of any “business incentive rate” that is payable by Landlord). Tenant and its authorized representatives may have access to such meter or meters (if any) on at least three (3) days’ notice to Landlord, for the purposes of verifying Landlord’s meter readings (if any). Except with respect to the 777 Premises, from time to time during the Term of this Paragraph 46. Except for customary office equipmentLease, Tenant agrees that it will make no electrical installationsLandlord may, alterationsin its sole discretion, additions install or changes to electrical equipment eliminate, or appliances without increase or reduce the prior written consent of Owner in each instancenumber of, which consent shall not be unreasonably withheld such meters or delayed; provided that Tenant's use of electric current shall never exceed vary the capacity portions of the then existing feeders Premises which they serve or replace any or all of such meters. Section 30.2 If pursuant to the Building or the risers or wiring installation serving the demised premises. Tenant will at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. In the event that, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipmentany Requirements, the same charges to Tenant pursuant to Section 30.1 shall be installed by Owner at Tenant's sole expensereduced below that to which Landlord is entitled under such Section, which the deficiency shall be chargeable and collectible as additional rent and paid by Tenant within twenty ten (2010) days after rendition being billed therefor, as Additional Rent for the use and maintenance of the electric distribution system of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner Building. Section 30.3 Landlord shall not be liable in any way event to Tenant for any failure or defect in the supply or character of electrical service electric energy furnished to the demised premises Premises by reason of any requirement, act or omission of the public utility or other provider serving the a Building with electric energy or for any other reason not attributable solely to Owner's Landlord’s willful misconduct or gross negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment Section 30.4 Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises, and Tenant will shall pay Owner to Landlord or Owner's its designated agentcontractor upon demand the then established reasonable charges therefor of Landlord or its designated contractor, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for case may be. Section 30.5 Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand ’s use of electric energy (except in the case Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon a Building’s distribution of electricity via a Building’s electric system, Tenant shall not, without Landlord’s prior consent in each instance (which shall not be unreasonably withheld, based upon availability of electric energy in a Building as allocated by Landlord to various areas of a subletting of a portion Building) make any alterations or additions to the electric system of the demised premises)Premises existing on the Commencement Date. Where more than one meter measures the service to TenantShould Landlord grant such consent, the service rendered through each meter all additional risers or other equipment required therefor shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect provided by Landlord and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills cost thereof shall be paid by Tenant within thirty (30) days after to Landlord on demand. Landlord shall have the same are rendered and failure right to require Tenant to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage sums on account of such taxes shall be passed on to, and included in cost prior to the bill ▇▇, and paid by Tenant to Ownerinstallation of any such risers or equipment.

Appears in 1 contract

Sources: Lease Agreement (Progenics Pharmaceuticals Inc)

Electric Energy. (a) Electric current will be supplied 18.01. Tenant shall purchase the electric energy required by it in the Demised Premises at its own expense on a direct-metered basis from the public utility servicing the Building, and Landlord shall permit the risers, conduits and feeders in the Building, to the demised premises at extent available, suitable and safely capable, to be used for the commencement purpose of transmitting such electric energy to the Demised Premises. Landlord shall not be liable for any failure, inadequacy or defect in the character or supply of electric current furnished to the Demised Premises. If Landlord is permitted by law to provide electric energy to the Demised Premises by re-registering meters or otherwise and to collect any charges for electric energy, Landlord shall have the right to do so, in which event Tenant shall pay to Landlord upon receipt of bills therefor charges for electric energy provided the rates for such electric energy shall not be more than the rates Tenant would be charged for electric energy if furnished directly to Tenant by the public utility which would otherwise have furnished electric energy. Until such separate metering of the term in accordance with electric usage of the provisions of Subparagraph (b) of this Paragraph 46. Except for customary office equipmentDemised Premises is accomplished, Tenant agrees shall pay Landlord One Dollar and Twenty-five Cents ($1.25) per square foot of Floor Space for electric service. 18.02. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that it will make no electrical installationssuch capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, alterationsTenant shall not, additions or changes to electrical equipment or appliances without the Landlord's prior written consent of Owner in each instance, instance (which consent shall not be unreasonably withheld or delayed; provided that Tenant's use of electric current shall never exceed the capacity of the then existing feeders to the Building ), connect any fixtures, appliances or the risers or wiring installation serving the demised premises. Tenant will at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. In the event thatShould Landlord grant such consent, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of all additional risers, feeders risers or other proper and necessary equipment, the same equipment required therefor shall be installed provided by Owner at Tenant's sole expense, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service to Tenant, the service rendered through each meter shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect Landlord and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills cost thereof shall be paid by Tenant within thirty (30) days after the same are rendered and failure to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed Landlord on to, and included in the bill ▇▇, and paid by Tenant to Ownerdemand.

Appears in 1 contract

Sources: Office Lease (Audible Inc)

Electric Energy. (a) Electric current The Building will be supplied equipped with risers, feeders and wiring so as to supply electrical service to a point within each Portion of the demised premises with a capacity of not less than eight (8) ▇▇▇▇▇ demand load per rentable square foot (exclusive of base Building HVAC) at 460 volts (as such amount may be reduced pursuant to Section 30.01(b) below, the commencement “Capacity”). Tenant, at its sole cost and expense, shall have the right to redistribute electricity from any full floor located within the demised premises to any other full floor located within the demised premises provided that (i) the aggregate Capacity for the demised premises is not increased, and (ii) if Tenant surrenders any Portion of the demised premises during the term of this Lease (including, without limitation, in accordance connection with the exercise of any Termination Option, the exercise by Landlord of its Recapture Right, or a reduction of the demised premises in connection with Tenant’s exercise of its renewal option) and Landlord shall have theretofore installed a conduit system to distribute electric power, then Tenant shall restore the electricity to such surrendered Portion(s) of the demised premises to at least eight (8) ▇▇▇▇▇ demand load per rentable square foot (exclusive of base building HVAC). (b) Notwithstanding the provisions of Subparagraph (bSection 30(a) above, if Landlord determines that Tenant’s total power requirements for the demised premises, based on Landlord’s annual review of this Paragraph 46. Except for customary office equipment, Tenant agrees that it will make no electrical installations, alterations, additions or changes to electrical equipment or appliances without Tenant’s maximum peak demand based on the prior written consent twenty-four (24) months of Owner in each instancesubmetered coincidental demand readings commencing on any date after January 1, which consent 2019 and thereafter on or following the anniversary of such date, shall not be unreasonably withheld or delayed; provided that Tenant's use of electric current shall never exceed the capacity of less than the then existing feeders Capacity, Landlord shall have the option to immediately reduce the Building or Capacity to a level at which the risers or wiring installation serving demised premises shall be provided sufficient electrical energy for Tenant to operate its business therein, plus an allowance for tenant’s growth as reasonably determined by Landlord with Tenant’s consent based on such annual review. Such reduced level of energy consumption shall thereafter be deemed the “Capacity” hereunder. However, at no time shall the Capacity be reduced to less than 6 ▇▇▇▇▇ demand/rsf. (a) A meter system will be furnished and installed by Landlord, at Landlord’s sole cost and expense, to measure the amount of “Usage” in kWH and coincidental demand in kW in the demised premises. Tenant will at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. In the event that, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipment, the same shall be installed by Owner at Tenant's sole expense, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Ownerresponsible, at Owner's its sole cost and expense, for the purpose repair, maintenance and replacement of measuring such consumptionthe electric submeters, which during the term of this Lease, and Landlord shall be responsible, at its sole cost and expense (subject to recoupment as an Operating Expense), for the repair, maintenance and replacement of the rest of the meter or submeter system. The term “meter system” shall separately measure only include electric submeters, the associated computerized headend, backbone cabling, the reconfiguration of the panel boards, bus duct switches, etc. to enable installation of the meters. “Usage” shall mean Tenant's ’s actual usage and demand of electric energy (except electricity in kWH in the case demised premises minus any usage by the base Building HVAC equipment that is connected to Tenant’s electrical distribution system, as measured by the aforesaid metering system for each calendar month or other such monthly period as Landlord shall determine during the term of a subletting of a portion of this Lease with respect to the demised premises). Where more than one meter measures the service to Tenant, the service rendered ’s electricity usage will be aggregated through each meter shall be computed meters and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered to Tenant at such time as Owner may elect and the amounta rate equal to Landlord’s Rate, as computed from the meter, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (30) days after the same are rendered and failure to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included defined in the bill ▇▇, and paid by Tenant to OwnerSection 30.02(b).

Appears in 1 contract

Sources: Lease Agreement (Oppenheimer Holdings Inc)

Electric Energy. 15.01. Subject to the provisions of this Article, Landlord shall furnish the electric energy that Tenant shall reasonably require in the Premises for the purposes permitted under this Lease. Except for electric energy required to operate motors on the air handlers providing heat, ventilating and conditioning to the Premises ("HVAC Electric"), such electric energy shall be furnished through a meter or meters and related equipment, installed by Landlord at its expense and maintained by Landlord at Tenant's expense, measuring the amount of electric energy furnished to the Premises. Tenant shall pay Landlord for such electric energy as Additional Charges, within ten days after Landlord bills Tenant therefor, which bills shall be rendered not more often than monthly. The amount of such Additional Charges (a) for HVAC Electric current will shall be supplied to the demised premises at the commencement of the term in accordance with the provisions of Subparagraph Landlord's actual cost and (b) for other electric energy furnished to the Premises ("Basic Electric") shall be based upon rates equal to the rates that would be applicable if such electric energy were supplied directly to Tenant through a meter or meters on a direct meter basis by the public utility company then supplying electric energy to the area of this Paragraph 46. Except for customary office equipment, Tenant agrees that it will make no electrical installations, alterations, additions or changes to electrical equipment or appliances without Westchester County in which the prior written consent of Owner in each instance, which consent shall Premises are located (even if such electric energy is not be unreasonably withheld or delayedgenerated by such public utility company but is privately generated); provided that Tenant's use such Additional Charges for Basic Electric shall in no event be based on rates that are more than the average of the rates at which Landlord purchases electric energy for the Project directly from such public utility company (taking into account the benefit of any "business incentive rate" that is payable by Landlord); including in each case, without limitation, those charges applicable to or computed on the basis of electric current shall never exceed consumption, demand and hours of use, any sales or other taxes regularly passed on to or collected from similar consumers by such public utility company, fuel rate adjustments and surcharges, and weighted in each case to reflect differences in consumption or demand applicable to each rate level. Tenant and its authorized representatives may have access to such meter or meters on at least three days' notice to Landlord, for the capacity purposes of verifying Landlord's meter readings. From time to time during the Term of this lease, Landlord may, in its sole discretion, increase or reduce the number of, such meters or vary the portions of the then existing feeders Premises which they serve or replace any or all of such meters. 15.02. If pursuant to the Building or the risers or wiring installation serving the demised premises. Tenant will at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. In the event that, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipmentany Legal Requirements, the same charges to Tenant pursuant to Section 15.01 shall be installed by Owner at Tenant's sole expensereduced below that to which Landlord is ------------- entitled under such Section, which the deficiency shall be chargeable and collectible paid by Tenant within 10 days after being billed therefor, as additional rent for the use and paid within twenty (20) days after rendition maintenance of a bill ▇▇ Tenant thereforthe electric distribution system of the Building. 15.03. Rigid conduit only will be allowed. Owner Landlord shall not be liable in any way event to Tenant for any failure or defect in the supply or character of electrical service electric energy furnished to the demised premises Premises by reason of any requirement, act or omission of the public utility serving the Building with electric energy or for any other reason to the extent not attributable to OwnerLandlord's willful misconduct or gross negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment 15.04. Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises, and Tenant will shall pay Owner to Landlord or Owner's its designated agentcontractor upon demand the then established reasonable charges therefor of Landlord or its designated contractor, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service to Tenant, the service rendered through each meter shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (30) days after the same are rendered and failure to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included in the bill ▇▇, and paid by Tenant to Owner.

Appears in 1 contract

Sources: Lease Agreement (Emisphere Technologies Inc)

Electric Energy. (a) Electric current will be supplied Landlord shall redistribute or furnish electricity to or for the use of Tenant in the Premises for the operation of Tenant’s electrical systems and equipment in the Premises, at a level sufficient to accommodate a connected load of 6.0 ▇▇▇▇▇ of electricity per rentable square foot of office space in the Premises (excluding base Building electric and electricity for the HVAC Unit). Subject to the demised premises penultimate sentence of this paragraph, Tenant shall pay to Landlord, on demand from time to time, but not more than monthly, for its consumption of electricity at the commencement Premises, as Additional Charges for such service from and after the Commencement Date, a sum equal to 105% of the term in accordance with product obtained by multiplying (x) the provisions Cost Per Kilowatt Hour, by (y) the actual number of Subparagraph (b) of this Paragraph 46. Except for customary office equipment, Tenant agrees that it will make no electrical installations, alterations, additions or changes to electrical equipment or appliances without the prior written consent of Owner in each instance, which consent shall not be unreasonably withheld or delayed; provided that Tenant's use kilowatt hours of electric current consumed by Tenant in such billing period. At Landlord’s expense, Landlord shall never exceed install a meter or meters to measure Tenant’s consumption of electricity in the capacity of the then existing feeders to the Building or the risers or wiring installation serving the demised premises. Tenant will at all times comply with the rulesPremises, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. In the event that, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipment, the same which meters shall be installed maintained by Owner Landlord at Tenant's sole ’s expense, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures Tenant’s consumption of electricity in the service to TenantPremises (including electricity for the HVAC Units), the service rendered through electricity measured by each meter shall be computed and billed conjunctively separately in accordance with the provisions hereinabove set forthforth above. Bills for electric energy such amounts shall be rendered to Tenant at such time times as Owner Landlord may elect and the amount, as computed from the meter, shall be, and be paid as, additional rentbut no less frequently than quarterly. Such bills shall The rate to be paid by Tenant within thirty (30) days after the same are rendered and failure to pay for submetered electricity shall be an event of defaultinclude any taxes or other charges in connection therewith. If any tax is imposed upon Owner's Landlord’s receipts from the sale or resale of electric current electricity to Tenant by any federal, state or municipal authorityTenant, Tenant agrees that where shall reimburse Landlord for such tax, if and to the extent permitted by law. For any period during which such meter or meters are not installed or are not operational in the Premises (excluding any intentional disconnection of the meter in bad faith by Landlord or any party acting on Landlord’s behalf), Tenant's Percentage of such taxes the monthly Fixed Rent shall be passed on toincreased by $1,630.75 (the “Base Electric Charge”). “Cost Per Kilowatt Hour” shall mean (a) the total cost for electricity incurred by Landlord to service the Building during a particular billing period (including energy charges, demand charges, surcharges, time-of-day charges, fuel adjustment charges, rate adjustment charges, taxes, rebates and included any other factors used by the public utility company in computing its charges to Landlord), divided by (b) the bill ▇▇, and paid total kilowatt hours purchased by Tenant Landlord to Ownerprovide electricity to the Building during such period.

Appears in 1 contract

Sources: Lease Agreement (Salon Media Group Inc)

Electric Energy. (a) Electric current will be supplied 18.01. Landlord shall furnish to Tenant and Tenant shall purchase the electric energy required by it in the Demised Premises on a sub-metered basis from Landlord. Landlord shall ▇▇▇▇ actual metered costs from the public utility to Tenant but shall add thereto Landlord's direct cost of meter reading, billing, and maintaining the meters, transformers and switches on a pro-rata basis among the Building's Tenants. The cost of electric energy to Tenant shall in no event exceed what the Tenant would have paid directly to the demised premises at public utility had it been directly metered for secondary service. Tenant agrees to pay such electric energy bills within fifteen (15) days from receipt thereof. Landlord shall not be liable for any failure, inadequacy or defect in the commencement character or supply of electric current furnished to the Demised Premises not caused by the negligence of Landlord. In the event Tenant is unable to use and occupy the Demised Premises during any period of failure, of supply of electric current furnished to the Demised Premises for a period of three (3) Business Days or longer, Tenant shall be entitled to an abatement of Rent during the period of such closure, unless (i) such failure of supply of electric current furnished to the Demised Premises is as a result of a breach of Tenant's obligations under this Lease or otherwise due to the negligent or intentional act of Tenant, or (ii) Tenant shall have used or occupied all or any portion of the term in accordance Demised Premises during such period, or (iii) Tenant shall be compensated by its business interruption insurance with the respect to such period. The terms and provisions of Subparagraph (b) the preceding two sentences shall apply only and be personal to the original named Tenant hereunder. Nothing contained herein shall be deemed to limit Landlord's ability or right to make a claim for or to collect rent insurance proceeds in connection with any such failure of supply of electric current. The provisions of this Paragraph 46Section 18.01, shall not apply in the case of damage by fire or other casualty or by eminent domain, in which case the obligations of the parties shall be as provided in other Sections of this Lease. 18.02. Except for customary office equipmentTenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building's electric service, Tenant agrees that it will make no electrical installationsshall not, alterations, additions or changes to electrical equipment or appliances without the Landlord's prior written consent of Owner in each instance, instance (which consent shall not be unreasonably withheld or delayed; provided that Tenant's use of electric current shall never exceed the capacity of the then existing feeders to the Building ), connect any fixtures, appliances or the risers or wiring installation serving the demised premises. Tenant will at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity equipment to the Building's electric distribution system or make any alteration or addition to the electric system of the Demised Premises existing on the Commencement Date. In the event thatShould Landlord grant such consent, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of all additional risers, feeders risers or other proper and necessary equipment, the same equipment required therefor shall be installed provided by Owner at Tenant's sole expense, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service to Tenant, the service rendered through each meter shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect Landlord and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills cost thereof shall be paid by Tenant within thirty (30) days after the same are rendered and failure to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed Landlord on to, and included in the bill ▇▇, and paid by Tenant to Ownerdemand.

Appears in 1 contract

Sources: Lease Agreement (Icon CMT Corp)

Electric Energy. (a) Electric current will be supplied 30.01. Prior to the demised premises Rent Commencement Date, Landlord shall, at the commencement of the term in accordance with the provisions of Subparagraph (b) of this Paragraph 46. Except for customary office equipmentno charge to Tenant, Tenant agrees that it will make no electrical installations, alterations, additions or changes supply construction electricity to electrical equipment or appliances without the prior written consent of Owner in each instance, which consent shall not be unreasonably withheld or delayed; provided that Tenant's use of electric current shall never exceed the capacity of the then existing feeders to the Building or the risers or wiring installation serving the demised premises. Tenant will shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. In the event that, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipment, the same shall be installed by Owner at Tenant's sole expense, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical electric service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason (including, without limitation, Tenant's failure to pay to the tenant under the CSFB Lease the cost of such services furnished to Tenant) whether electricity is provided by public or private utility or by any emergency electricity generation system owned and operated by Landlord. (a) Landlord shall, from and after the Rent Commencement Date, furnish to Tenant electricity for light and power to the demised premises (but not attributable in excess of six (6) ▇▇▇▇▇ per usable square foot (exclusive of base Building systems), on a demand load basis, based on the usable square footage to Ownerbe calculated pursuant to the method specified in Exhibit G-1 hereof) and Landlord shall, from and after the Provision Date, pay for and provide the electricity needed to operate the elevators serving the demised premises the cost of which shall be included in Operating Expenses, and Tenant shall pay to Landlord, in consideration of the furnishing of such light and power service to the demised premises, during the term of this Lease, an amount (the "Electricity Additional Charge") equal to (x) the amount Landlord actually pays to the utility company to provide electricity to the demised premises, or the applicable portion thereof, for light and power including all applicable surcharges, demand charges, time-of-day charges, energy charges, fuel adjustment charges, rate adjustment charges, taxes and other sums payable in respect thereof (as any or all of the foregoing may be reduced by any discount available through the New York City Public Utility Service or Consolidated Edison due to the New York City Industrial Development Agency benefits available to Tenant) based on Tenant's negligencedemand and/or consumption of electricity (and/or any other method of quantifying Tenant's use of or demand for electricity as set forth in the utility company's tariff) as registered on a meter or submeter (installed by Landlord at its sole cost and expense) for purposes of measuring such demand, consumption and/or other method of quantifying Tenant's use of or demand for electricity (it being agreed that such meter or submeter shall measure demand and consumption, and off-peak and on-peak use, in either case to the extent such factors are relevant in making the determination of Landlord's cost) plus (y) an amount equal to the out-of-pocket costs and expenses incurred by Landlord in connection with reading such meters and preparing the bills therefor. Tenant, from time to time, shall have the right to review Landlord's meter readings, and Landlord's calculation of the Electricity Additional Charge, at reasonable times and on reasonable prior notice, by giving notice thereof to Landlord on or prior to the ninetieth (90th) day after the date when Landlord gives Tenant a ▇▇▇▇ or statement for the Electricity Additional Charge. Landlord shall have all rights and remedies available to Landlord under this Lease, at law or in equity for the failure by Tenant to pay the Electricity Additional Charge as are available to Landlord for the failure by Tenant to pay basic annual rent. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service electricity supplied by Landlord to Tenantthe demised premises, the service electricity rendered through each meter shall (together with the electricity rendered through each meter servicing the tenant under the CS Lease) be aggregated and computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy the Electricity Additional Charge shall be rendered to Tenant at such time as Owner Landlord may elect and the amount, as computed from the meter, shall beelect, and be paid as, additional rent. Such bills Tenant shall be paid by Tenant pay the amount shown thereon to Landlord within thirty (30) days after receipt of such ▇▇▇▇. Tenant expressly acknowledges that in connection with the installation of the meters or submeters, the electricity being supplied to the demised premises may be temporarily interrupted. Landlord shall use reasonable efforts to minimize interference with the conduct of Tenant's business in connection with such installation and Landlord shall, if necessary to minimize such interference, perform the same are rendered outside of Business Hours (in which event the incremental additional cost of performing the same outside of Business Hours over the cost of performing the same during Business Hours will be shared equally by Landlord and failure Tenant). Notwithstanding the foregoing or anything to pay the contrary contained herein, Landlord shall be an event of default. If any tax is imposed upon Owner's receipts from install sufficient meters or submeters to service the sale demised premises on or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included in before the bill ▇▇, and paid by Tenant to OwnerRent Commencement Date.

Appears in 1 contract

Sources: Lease Agreement (Credit Suisse First Boston Usa Inc)

Electric Energy. (a) Electric current will Tenant's demand for, and consumption of, electricity in the Premises shall be supplied determined by meter or meters installed (or, if existing, retrofitted) by Landlord at Landlord’s expense. Tenant shall pay for such electric consumption within ten (10) Business Days after rendition of bills therefor, which bills shall be rendered by or on behalf of Landlord separately for each meter, so long as a separate billing does not increase the total charge. The amount payable by Tenant for electricity consumed within the Premises shall be, for any applicable billing period, calculated at the then applicable rate obtained by Landlord for the Building (i.e., Landlord’s actual cost), plus (i) Landlord’s charge for overhead, line loss and supervision in the amount of seven percent (7%) of the total electric ▇▇▇▇ and (ii) any taxes or other charges in connection therewith. If customary, any tax shall be imposed upon Landlord’s receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the demised premises at electrical energy services received by Tenant shall be passed on to, included in the commencement ▇▇▇▇ of, and paid by Tenant if and to the extent permitted by law. If the Commencement Date shall occur prior to the installation of submeters in the term Premises, then Tenant shall pay $3.00 per rentable square foot of space in accordance with the provisions Premises, per annum (the “Interim Electric Charge”), on account of Subparagraph Tenant’s use of electricity in the Premises for the period commencing on the Commencement Date and ending on the date that the meters measuring Tenant's consumption of electricity in the Premises are installed and are operational or the Expiration Date, if applicable. The Interim Electric Charge shall be paid by Tenant monthly within ten (10) Business Days after submission of a ▇▇▇▇ therefor. (b) Landlord shall redistribute or furnish electricity to or for the use of this Paragraph 46Tenant in the Premises for the operation of Tenant’s electrical systems and equipment in the Premises, at a level sufficient to accommodate a connected load of 6.0 ▇▇▇▇▇ per useable square foot of office space in the Premises (excluding HVAC) (the “Permitted Capacity”). Except for customary Tenant shall at all times comply with the rules and regulations of the utility company supplying electricity to the Building; provided that tenant shall receive notice of such applicable rules and regulations. Tenant shall not use any electrical equipment which, in Landlord’s reasonable judgment, would exceed the Permitted Capacity or interfere with electrical service to other tenants of the Building. Tenant shall not make or perform, or permit the making or performance of, any Alterations to wiring installations or other electrical facilities in or serving the Premises, or make any additions to the office equipment or other appliances in the Premises which utilize electrical energy (other than ordinary small office equipment, Tenant agrees that it will make no electrical installations, alterations, additions or changes to electrical equipment or appliances ) without the prior written consent of Owner Landlord, in each instance, which consent shall not be unreasonably withheld or delayed; , and in compliance with this Lease. (c) Landlord shall provide continuous electrical power at the Permitted Capacity indicated above twenty-four (24) hours a day, seven (7) days a week throughout the entire year. Landlord shall not be liable to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service furnished to the Premises for any reason except if attributable solely to the gross negligence or willful misconduct of Landlord (but in no event shall Landlord be responsible for any consequential damages), nor shall there be any allowance to Tenant for a diminution of rental value, nor shall the same constitute an actual or constructive eviction of Tenant, in whole or in part, or relieve Tenant from any of its Lease obligations, and no liability shall arise on the part of Landlord by reason of inconvenience, annoyance or injury to business, whether electricity is provided that by public or private utility or by any electricity generation system owned and operated by Landlord. Landlord shall use reasonable efforts to minimize interference with Tenant's ’s use of electric current shall never exceed the capacity and occupancy of the then existing feeders Premises as a result of any such failure, defect or interruption of, or change in the supply, character and/or quantity of, electric service. (d) Landlord reserves the right to discontinue furnishing electricity to Tenant in the Premises on not less than 30 days notice to Tenant, if Landlord is required to do so under applicable Requirements. If Landlord exercises such right, or is compelled to discontinue furnishing electricity to Tenant, this Lease shall continue in full force and effect and shall be unaffected thereby except that from and after the effective date of such discontinuance, Landlord shall not be obligated to furnish electricity to Tenant hereunder. If Landlord discontinues furnishing electricity, Landlord shall use commercially reasonable efforts to facilitate Tenant to obtain electricity service directly from an alternate utility company or other electricity provider serving the Premises to the Building or the risers or wiring installation serving the demised premisesextent available, suitable and safe for such purposes. Tenant will at all times comply with the rules, regulations, terms and conditions applicable All equipment which may be required to service, equipment, wiring and requirements obtain electricity of the public utility supplying electricity to the Building. In the event that, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipment, substantially the same quantity, quality and character shall be installed by Owner Landlord at Tenant's the sole expensecost and expense of (i) Landlord, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for if Landlord voluntarily discontinues such service, one hundred seven or (107%ii) percent Tenant, if (A) Landlord is compelled to discontinue such service by the utility company or pursuant to applicable Requirements, or (B) such discontinuance arises out of the actual cost payable by Owner for supplying electric current for acts or omissions of Tenant's consumption. Owner covenants and agrees Landlord will not voluntarily discontinue furnishing electricity to supply at least Tenant until Tenant is able to receive electricity directly from the same quantity of electric current utility company or other company servicing the Building, unless the utility company or other company is not prepared to furnish electricity to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of Premises on the date hereof. required as a result of Tenant's usage shall be determined by meter ’s Delay or submeter installed by Owner, at Owner's expense, negligence in arranging for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service to Tenant, the service rendered through each meter shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (30) days after the same are rendered and failure to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by lawservice, Tenant's Percentage of such taxes shall be passed on to’s refusal to provide the utility company or other company with a deposit or other security requested by the utility company, and included in or Tenant’s refusal to take any other action requested by the bill ▇▇, and paid by Tenant to Ownerutility company or other company.

Appears in 1 contract

Sources: Lease Agreement (Merisel Inc /De/)

Electric Energy. 18.01. Landlord shall provide reasonably sufficient leads at an electrical vault, located in the first floor of the Building for 800 amps at 480 volts electrical service dedicated to the Demised Premises. Tenant, at its sole cost and expense, shall provide and install an electrical meter in order to measure electrical usage by Tenant at the Demised Premises together with a switch and bus duct to the Demised Premises. Prior to the installation of such electrical service, Tenant shall have access to up to 400 amps at 480 volts of electrical services and shall be at Tenant's sole cost and expense. 18.02. Landlord shall have the right at any time and from time to time during the Term if permitted by the Legal Requirements, to contract for service from a company or companies (a"Electric Service Provider") different from the company providing electrical service to the Building and the Demised Premises as of the date of this Lease. 18.03. Landlord shall have full and unrestricted access to all air-conditioning and heating equipment, and to all other utility installations servicing the Building and the Demised Premises. Further, Tenant shall cooperate with Landlord and the Electric current Service Provider at all times and, as reasonably necessary, shall allow Landlord and Electric Service Provider reasonable access to the Building's electrical lines, feeders, risers, conduits, wiring and any other machinery within the Demised Premises. Landlord reserves the right temporarily to reasonably interrupt, curtail, stop or suspend electrical, air-conditioning, heating service, and all other utility, or other services, because of Landlord's inability to obtain, or difficulty or delay in obtaining, labor or materials necessary therefor, or in order to comply with governmental restrictions in connection therewith, or in order for the Landlord to perform any preventive maintenance in connection with the Building or any Building system, or to change the Electric Service Provider for the Building for any cause beyond Landlord's reasonable control. No diminution or abatement of Fixed Rent, Additional Rent, or other compensation shall be or will be supplied claimed by Tenant, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of such interruptions, stoppages or curtailments, the causes of which are hereinabove enumerated, nor shall the same give rise to a claim in Tenant's favor that such failure constitutes actual or constructive, total or partial eviction from the Demised Premises, unless such interruptions, stoppages or curtailments have been due to the demised premises at intentional or willful misconduct of Landlord. 18.04. Landlord shall not be liable or responsible to Tenant in any way for any loss, damage or expense which Tenant may sustain or incur as a result of any (i) interruption, curtailment or failure (whether or not temporary) or (ii) defect in the commencement supply, character, quantity, availability or suitability of electricity (including generator power) furnished to the Demised Premises by reason of any requirement, act or omission of the term Electric Service provider or any other company servicing the Building with electricity or for the performance of any maintenance or repair required hereunder or for any other reason except if and to the extent the same is caused by or results from the intentional or willful misconduct of Landlord. 18.05. If either the quantity or character of electrical service is changed by the Electric Service Provider or other company supplying electricity to the Building or is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in accordance with whole or in part, or entitle Tenant to any abatement or diminution in the provisions payment of Subparagraph Fixed Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant's business, or otherwise. 18.06. Tenant shall pay, as and for Additional Rent, all charges imposed by the Electric Service Provider servicing the Demised Premises and the Building promptly when due based upon a submeter installed by Tenant at its sole cost and expense. In the event that the Electric Service Provider servicing the Demised Premises directly charges Tenant, Tenant shall make payment of such charges promptly when due and shall pay all late payments, interest and other charges should Tenant be delinquent in its payment to the Electric Service Provider. In the event that Tenant does not pay the Additional Rent owing by Tenant or pay the Electric Service Provider pursuant to this Article within ten (b10) Business Days after the request for same by Landlord, Landlord may, without further notice and in addition to any other remedies Landlord may have, discontinue the service of electricity to the Demised Premises without releasing Tenant from any liability under this Paragraph 46Lease and without Landlord incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. Except for customary office equipmentIf any tax is imposed upon Landlord's receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that it that, unless prohibited by law, Tenant's proportionate share of such tax shall be passed on to, and included in the ▇▇▇▇ of, and paid by Tenant to Landlord as Additional Rent. Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any claims, damages, lawsuits, penalties, interest or other charges imposed by the Electric Service Provider as a result of electrical energy utilized by the Tenant and directly charged to Tenant by the Electric Service Provider. 18.07. Except as otherwise provided, Tenant will make no electrical installations, alterations, additions or changes to electrical equipment or appliances without the prior written consent of Owner Landlord in each instance, instance which consent shall not be unreasonably withheld or delayed; provided that Tenant's use of electric current shall never exceed the capacity of the then existing feeders to the Building or the risers or wiring installation serving the demised premises. Tenant will at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility Electric Service Provider supplying electricity to the Building. Tenant covenants and agrees that at all times its use of electric current will not exceed the capacity of existing feeders to the Building or the risers or wiring installation and Tenant will not use any electrical equipment which, in Landlord's reasonable judgment, will overload such installations or interfere with the use thereof by other tenants of the Building. In the event that, in OwnerLandlord's sole reasonable judgment, Tenant's electrical requirements necessitate installation of an additional risersriser, feeders risers or other proper and necessary equipment, the same shall be installed by Owner Landlord at Tenant's sole expense, which expense and shall be chargeable and collectible as additional rent Additional Rent and paid within twenty ten (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment and Tenant will pay Owner or Owner's designated agent, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service to Tenant, the service rendered through each meter shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (3010) days after the same are rendered and failure to pay shall be an event rendition of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current a ▇▇▇▇ to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included in the bill ▇▇, and paid by Tenant to Ownertherefor.

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)

Electric Energy. 30.01. Tenant shall contract directly with, and pay to, the public utility for electric service to be furnished (a1) Electric current will be supplied to the demised premises at the commencement of the term in accordance with the provisions of Subparagraph and/or (bii) of this Paragraph 46. Except for customary office equipmentto any apparatus, Tenant agrees that it will make no electrical installations, alterations, additions or changes to electrical equipment or appliances without the prior written consent of Owner in each instance, which consent shall not be unreasonably withheld or delayed; provided that Tenant's use of electric current shall never exceed the capacity of the then existing feeders to the Building or the risers or wiring installation system exclusively serving the demised premises. Prior to the earlier of the Rent Commencement Date or the date Tenant will shall use the applicable portion of the demised premises for its operations, Landlord shall, at no charge to Tenant, supply construction electricity to Tenant. 30.02. Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. In For so long as Tenant shall have the event thatright to operate the air-conditioning systems servicing the Tower Space and/or Pedestal Space (including the Concourse Space), as the case may be, Tenant shall obtain, directly from the applicable public utility company, as provided in Owner's sole judgmentSection 30.01 hereof, Tenant's electrical requirements necessitate installation electricity in an electric demand load (a) of additional risers, feeders or other proper and necessary equipment, the same shall be installed by Owner at Tenant's sole expense, which shall be chargeable and collectible as additional rent and paid within twenty not more than (20i) days after rendition of a bill six (6) ▇▇▇▇▇ Tenant thereforper ▇▇▇▇▇ square foot of Tower Space, (ii) sixteen (16) ▇▇▇▇▇ per gross square foot of Pedestal Space and (iii) six (6) ▇▇▇▇▇ per ▇▇▇▇▇ square foot of Concourse Space for all purposes (including lighting and power but excluding Building equipment) and (b) required to operate the Dedicated Elevators and air-conditioning systems servicing the Tower Space and/or Pedestal Space, as the case may be. Rigid conduit only will be allowed. Owner Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical electric service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable (including, without limitation, Tenant's failure to Owner's negligencepay to the utility company the cost of such services furnished to Tenant) whether electricity is provided by public or private utility or by any emergency electricity generation system owned and operated by Landlord. For purposes hereof, gross square footage shall be calculated pursuant to the method specified in Exhibit G-1 hereof. (ba) Electric current will Notwithstanding anything contained in this Lease to the contrary, at such time as Tenant no longer has the right to operate the air-conditioning systems servicing the Tower Space and/or Pedestal Space (including the Concourse Space), as the case may be, Tenant shall turn over to Landlord that portion of the electrical capacity of the Building that had previously been made available to Tenant (i) in respect of the electricity needed to operate such air-conditioning systems, (ii) for light and power to the Tower Space and/or Pedestal Space (including the Concourse Space), as the case may be, and (iii) to power the Dedicated Elevators servicing the demised premises and Landlord shall, to the extent and in the capacities referred to in Section 30.02, furnish to Tenant the electricity for light and power to the portions of the Tower Space and/or Pedestal Space (including the Concourse Space), as the case may be, for which Landlord has taken over the applicable electrical capacity, and Landlord shall pay for and provide the electricity needed to operate the Dedicated Elevators and the cost of which shall be supplied by Owner to service Tenant's usual operating equipment included in Operating Expenses, and Tenant will shall pay Owner or Owner's designated agentto Landlord, as additional rent for such service, one hundred seven (107%) percent in consideration of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants furnishing of such light and agrees power service to supply at least the same quantity demised premises, during the term of electric current this Lease, an amount (the "Electricity Additional Charge") equal to (x) the amount Landlord actually pays to the utility company to provide electricity to the demised premises throughout for light and power, or the term of the Lease as is currently supplied to the demised premises as of the date hereof. applicable portion thereof, including all applicable surcharges, demand charges, time-of-day charges, energy charges, fuel adjustment charges, rate adjustment charges, taxes and other sums payable in respect thereof based on Tenant's usage shall be determined by demand and/or consumption of electricity (and/or any other method of quantifying Tenant's use of or demand for electricity as set forth in the utility company's tariff) as registered on a meter or submeter (installed by Owner, Landlord at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage sole cost and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service to Tenant, the service rendered through each meter shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (30) days after the same are rendered and failure to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included in the bill ▇▇, and paid by Tenant to Owner.104

Appears in 1 contract

Sources: Lease Agreement (Credit Suisse First Boston Usa Inc)

Electric Energy. Section 30.1 Subject to the provisions of this Article, Landlord shall furnish the electric energy that Tenant shall reasonably require in the Premises for the Permitted Use. Except for electric energy required to operate motors on the air handlers providing heat, ventilating and conditioning to the Premises (“HVAC Electric”), such electric energy may, at Landlord’s option, be furnished through a meter or meters and related equipment, installed and maintained by Landlord at Tenant’s expense, measuring the amount of electric energy furnished to the Premises. Tenant shall pay Landlord for such electric energy as Additional Rent, within Back to Contents ten days after Landlord bills Tenant therefor, which bills shall be rendered not more often than monthly. The amount of such Additional Rent (a) for HVAC Electric current will shall be supplied equal to the demised premises at the commencement of the term in accordance with the provisions of Subparagraph Landlord’s cost, as determined pursuant to Section 28.1, and (b) for other electric energy furnished to the Premises (“Basic Electric”) shall be equal to Landlord’s actual cost, applied to the readings on each such meter or meters, including in each case, without limitation, those charges applicable to or computed on the basis of electric consumption, demand and hours of use, any sales or other taxes regularly passed on to or collected from similar consumers by such public utility company, fuel rate adjustments and surcharges, and weighted in each case to reflect differences in consumption or demand applicable to each rate level (taking into account the benefit of any “business incentive rate” that is payable by Landlord). Tenant and its authorized representatives may have access to such meter or meters (if any) on at least three days’ notice to Landlord, for the purposes of verifying Landlord’s meter readings (if any). From time to time during the Term of this Paragraph 46. Except for customary office equipmentLease, Tenant agrees that it will make no electrical installationsLandlord may, alterationsin its sole discretion, additions install or changes to electrical equipment eliminate, or appliances without increase or reduce the prior written consent of Owner in each instancenumber of, which consent shall not be unreasonably withheld such meters or delayed; provided that Tenant's use of electric current shall never exceed vary the capacity portions of the then existing feeders Premises which they serve or replace any or all of such meters. Section 30.2 If pursuant to any Requirements, the Building or charges to Tenant pursuant to Section 30.1 shall be reduced below that to which Landlord is entitled under such Section, the risers or wiring installation serving deficiency shall be paid by Tenant within 10 days after being billed therefor, as Additional Rent for the demised premises. Tenant will at all times comply with the rules, regulations, terms use and conditions applicable to service, equipment, wiring and requirements maintenance of the public utility supplying electricity to electric distribution system of the Building. In the event that, in Owner's sole judgment, Tenant's electrical requirements necessitate installation of additional risers, feeders or other proper and necessary equipment, the same shall be installed by Owner at Tenant's sole expense, which shall be chargeable and collectible as additional rent and paid within twenty (20) days after rendition of a bill ▇▇ Tenant therefor. Rigid conduit only will be allowed. Owner . Section 30.3 Landlord shall not be liable in any way event to Tenant for any failure or defect in the supply or character of electrical service electric energy furnished to the demised premises Premises by reason of any requirement, act or omission of the public utility or other provider serving the Building with electric energy or for any other reason not attributable solely to Owner's Landlord’s willful misconduct or gross negligence. (b) Electric current will be supplied by Owner to service Tenant's usual operating equipment Section 30.4 Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Premises, and Tenant will shall pay Owner to Landlord or Owner's its designated agentcontractor upon demand the then established reasonable charges therefor of Landlord or its designated contractor, as additional rent for such service, one hundred seven (107%) percent of the actual cost payable by Owner for supplying electric current for Tenant's consumption. Owner covenants and agrees to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereof. Tenant's usage shall be determined by meter or submeter installed by Owner, at Owner's expense, for the purpose of measuring such consumption, which meter or submeter shall separately measure only Tenant's usage and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service to Tenant, the service rendered through each meter shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (30) days after the same are rendered and failure to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included in the bill ▇▇, and paid by Tenant to Owner.

Appears in 1 contract

Sources: Lease Agreement (Progenics Pharmaceuticals Inc)

Electric Energy. 18.01. Landlord shall provide reasonably sufficient leads at an electrical vault, located in the first floor of the Building for 800 amps at 480 volts electrical service dedicated to the Demised Premises. Tenant, at its sole cost and expense, shall provide and install an electrical meter in order to measure electrical usage by Tenant at the Demised Premises together with a switch and bus duct to the Demised Premises. Prior to the installation of such electrical service, Tenant shall have access to up to 400 amps at 480 volts of electrical services and shall be at Tenant’s sole cost and expense. 18.02. Landlord shall have the right at any time and from time to time during the Term if permitted by the Legal Requirements, to contract for service from a company or companies (a“Electric Service Provider”) different from the company providing electrical service to the Building and the Demised Premises as of the date of this Lease. 18.03. Landlord shall have full and unrestricted access to all air-conditioning and heating equipment, and to all other utility installations servicing the Building and the Demised Premises. Further, Tenant shall cooperate with Landlord and the Electric current Service Provider at all times and, as reasonably necessary, shall allow Landlord and Electric Service Provider reasonable access to the Building’s electrical lines, feeders, risers, conduits, wiring and any other machinery within the Demised Premises. Landlord reserves the right temporarily to reasonably interrupt, curtail, stop or suspend electrical, air-conditioning, heating service, and all other utility, or other services, because of Landlord’s inability to obtain, or difficulty or delay in obtaining, labor or materials necessary therefor, or in order to comply with governmental restrictions in connection therewith, or in order for the Landlord to perform any preventive maintenance in connection with the Building or any Building system, or to change the Electric Service Provider for the Building for any cause beyond Landlord’s reasonable control. No diminution or abatement of Fixed Rent, Additional Rent, or other compensation shall be or will be supplied claimed by Tenant, nor shall this Lease or any of the obligations of Tenant hereunder be affected or reduced by reason of such interruptions, stoppages or curtailments, the causes of which are hereinabove enumerated, nor shall the same give rise to a claim in Tenant’s favor that such failure constitutes actual or constructive, total or partial eviction from the Demised Premises, unless such interruptions, stoppages or curtailments have been due to the demised premises at intentional or willful misconduct of Landlord. 18.04. Landlord shall not be liable or responsible to Tenant in any way for any loss, damage or expense which Tenant may sustain or incur as a result of any (i) interruption, curtailment or failure (whether or not temporary) or (ii) defect in the commencement supply, character, quantity, availability or suitability of electricity (including generator power) furnished to the Demised Premises by reason of any requirement, act or omission of the term Electric Service Provider or any other company servicing the Building with electricity or for the performance of any maintenance or repair required hereunder or for any other reason except if and to the extent the same is caused by or results from the intentional or willful misconduct of Landlord. 18.05. If either the quantity or character of electrical service is changed by the Electric Service Provider or other company supplying electricity to the Building or is no longer available or suitable for Tenant’s requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in accordance with whole or in part, or entitle Tenant to any abatement or diminution in the provisions payment of Subparagraph Fixed Rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise. 18.06. Tenant shall pay, as and for Additional Rent, all charges imposed by the Electric Service Provider servicing the Demised Premises and the Building promptly when due based upon a submeter installed by Tenant at its sole cost and expense. In the event that the Electric Service Provider servicing the Demised Premises directly charges Tenant, Tenant shall make payment of such charges promptly when due and shall pay all late payments, interest and other charges should Tenant be delinquent in its payment to the Electric Service Provider. In the event that Tenant does not pay the Additional Rent owing by Tenant or pay the Electric Service Provider pursuant to this Article within ten (b10) Business Days after the request for same by Landlord, Landlord may, without further notice and in addition to any other remedies Landlord may have, discontinue the service of electricity to the Demised Premises without releasing Tenant from any liability under this Paragraph 46Lease and without Landlord incurring any liability for any damage or loss sustained by Tenant as the result of such discontinuance. Except for customary office equipmentIf any tax is imposed upon Landlord’s receipts from the sale or resale of electric current to Tenant by any Federal, state or municipal authority, Tenant agrees that it that, unless prohibited by law, Tenant’s proportionate share of such tax shall be passed on to, and included in the ▇▇▇▇ of, and paid by Tenant to Landlord as Additional Rent. Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any claims, damages, lawsuits, penalties, interest or other charges imposed by the Electric Service Provider as a result of electrical energy utilized by the Tenant and directly charged to Tenant by the Electric Service Provider. 18.07. Except as otherwise provided, Tenant will make no electrical installations, alterations, additions or changes to electrical equipment or appliances without the prior written consent of Owner Landlord in each instance, instance which consent shall not be unreasonably withheld or delayed; provided that Tenant's use of electric current shall never exceed the capacity of the then existing feeders to the Building or the risers or wiring installation serving the demised premises. Tenant will at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility Electric Service Provider supplying electricity to the Building. Tenant covenants and agrees that at all times its use of electric current will not exceed the capacity of existing feeders to the Building or the risers or wiring installation and Tenant will not use any electrical equipment which, in Landlord’s reasonable judgment, will overload such installations or interfere with the use thereof by other tenants of the Building. In the event that, in Owner's sole Landlord’s reasonable judgment, Tenant's ’s electrical requirements necessitate installation of an additional risersriser, feeders risers or other proper and necessary equipment, the same shall be installed by Owner Landlord at Tenant's ’s sole expense, which expense and shall be chargeable and collectible as additional rent Additional Rent and paid within twenty ten (2010) days after the rendition of a bill ▇▇▇▇ to Tenant therefor. Rigid conduit only will be allowed. Owner shall not be liable in any way to Tenant for any failure or defect in the supply or character of electrical service furnished to the demised premises by reason of any requirement, act or omission of the public utility serving the Building or for any other reason not attributable to Owner's negligence. (b) Electric current will 18.08. Tenant, at Tenant’s sole cost and expense, shall be supplied by Owner permitted to service Tenant's usual operating equipment connect to Landlord’s generators and Tenant will pay Owner or Owner's designated agentfuel tank system at a cost of $750 per amp of capacity, as additional rent for such service, one hundred seven (107%) percent plus a pro rata share of the actual cost payable by Owner for supplying electric current for Tenant's consumptionto maintain and operate the generators. Owner covenants Tenant will be required to separate their panel and agrees install shunt trip breakers in order to supply at least the same quantity of electric current to the demised premises throughout the term of the Lease as is currently supplied to the demised premises as of the date hereofshed any non-backed-up power. Tenant's usage Tenant shall be determined by meter or submeter installed by Ownerallowed, at Owner's its sole cost and expense, to install a plug for the purpose of measuring such consumptiona roll-up generator subject to all governmental codes, which meter or submeter shall separately measure only Tenant's usage rules and demand of electric energy (except in the case of a subletting of a portion of the demised premises). Where more than one meter measures the service regulations and subject further to Tenant, the service rendered through each meter shall be computed and billed conjunctively in accordance with the provisions hereinabove set forth. Bills for electric energy shall be rendered at such time as Owner may elect and the amount, as computed from the meter, shall be, and be paid as, additional rent. Such bills shall be paid by Tenant within thirty (30) days after the same are rendered and failure to pay shall be an event of default. If any tax is imposed upon Owner's receipts from the sale or resale of electric current to Tenant by any federal, state or municipal authority, Tenant agrees that where permitted by law, Tenant's Percentage of such taxes shall be passed on to, and included in the bill ▇▇, and paid by Tenant to OwnerLandlord’s prior written approval thereof.

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)