Common use of Electric Service Clause in Contracts

Electric Service. To the extent Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as Additional Rent, for all electricity used by Tenant in the Leased Premises for lighting, convenience outlets, and other direct uses, an amount, as reasonably estimated by Landlord from time to time, which Tenant would pay for such electricity if the same were separately metered to the Leased Premises by the local electric utility provider(s) and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay Tenant's proportionate share (as defined in Section 21 hereof) of the total electrical charges for the Building, provided that Landlord may (but shall have no obligation to) (i) install a separate electric meter for all or any portion of the Leased Premises and in such event Tenant shall pay metered amount directly to the electric utility provider(s), or (ii) engage an MEP engineer or electrical contractor ("Electrical Contractor") to determine Tenant's usage of electricity and allocate Tenant's usage as a percentage of the total usage for the portions of the Property on the same meter as Tenant, and Tenant shall pay the percentage of total electricity charges as determined by the Electrical Contractor. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises which will in anyway increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office space, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office space, then Tenant shall first procure the consent of Landlord (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. As used herein, "local utility provider" shall include any and all public utility companies and/or private utility providers (including resellers) that charge for providing electrical service to the Building. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants use and possession of the Leased Premises or any part thereof, or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease.

Electric Service. To the extent Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as Additional Rentadditional rent, for all electricity used by Tenant in the Leased Premises for lighting, convenience outlets, and other direct uses, an amount, as reasonably estimated by Landlord from time to time, which Tenant would pay . The charge shall be based upon allocation of total building use and shall be at the rates charged for such electricity if the same were separately metered to the Leased Premises services by the local electric public authority or utility provider(sbut shall not exceed the greater of the trailing twelve (12) and billed to month average of electricity charges paid by Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay or Tenant's proportionate share (as defined in Section 21 hereof. In the first year of this lease, the trailing twelve (12) month average shall be considered the monthly average beginning with January 1, 2011 through the end of the total electrical charges month for the Building, provided that Landlord may (but shall have no obligation to) (i) install a separate electric meter for all or any portion of the Leased Premises and in such event Tenant shall pay metered amount directly to the electric utility provider(s), or (ii) engage an MEP engineer or electrical contractor ("Electrical Contractor") to determine Tenant's usage of electricity and allocate Tenant's usage as a percentage of the total usage for the portions of the Property on the same meter as Tenant, and Tenant shall pay the percentage of total electricity charges as determined by the Electrical Contractorwhich billing is being calculated. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises which will in anyway increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office space, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office space, then Tenant shall first procure the consent of Landlord (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. As used herein, "local utility provider" shall include any and all public utility companies and/or private utility providers (including resellers) that charge for providing electrical service to the Building. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants use and possession of the Leased Premises or any part thereof, or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease.

Electric Service. To the extent Tenant is not billed directly by a ---------------- public utility, Tenant shall paypay Landlord in advance monthly, upon demand, as Additional Rentadditional rent, for Landlord's monthly estimate of all electricity used by Tenant in the Leased Premises for lighting, convenience outlets, and other direct uses, an amount, . Any difference between the Landlord's estimate and the Tenant's actual use as reasonably estimated subsequently determined by Landlord from time shall either be billed or credited to time, which Tenant would pay for such electricity if the same were separately metered to the Leased Premises by the local electric utility provider(s) and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay Tenant's proportionate subsequent rent bills as the case may require. Tenant's actual use shall be based upon Tenant's pro-rata share (as defined in Section 21 hereof) of the total electrical charges for of the Building, provided that however, Landlord may (but shall have no obligation to) (i) install a separate electric meter for all or may, in its sole discretion, adjust said amount based upon any portion extraordinary use of electrical power by Tenant, including, without limitation, extended hours of operation as compared to other tenants of the Leased Premises Building and in such event Tenant shall pay metered amount directly to the electric utility provider(s), or (ii) engage an MEP engineer or electrical contractor ("Electrical Contractor") to determine Tenant's usage operation of electricity and allocate Tenant's usage as a percentage equipment requiring large amounts of the total usage for the portions of the Property on the same meter as Tenant, and Tenant shall pay the percentage of total electricity charges as determined by the Electrical Contractorelectricity. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballastsballasts during the Lease Term, provided, however, that Landlord agrees that all lighting fixtures, light bulbs, tubes and ballasts provided by Landlord shall be in working condition at the commencement of the Lease Term. Tenant will not without the written consent of Landlord use any apparatus or device device, including but not limited to any computers and other high technology equipment in the Leased Premises Premises, which will in anyway any way increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office spacefor the permitted uses described herein, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current). If Tenant shall not use or require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office spacedetermined by the Landlord for the permitted uses described herein, then unless Tenant shall first procure have procured the consent of Landlord (which consent will not be unreasonably withheld). and Tenant shall pay have paid all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. As used herein, "local utility provider" Interruptions of any service provided by Landlord and Tenant shall include any have paid all costs of installation of all facilities necessary to furnishing such excess capacity and all public utility companies and/or private utility providers (including resellers) that charge for providing electrical service to the Buildingsuch increased electricity usage. Interruptions of any service provided by Landlord resulting in whole or in part from any cause of causes beyond the reasonable control of Landlord shall not be deemed an eviction or disturbance of Tenants Tenant's use and possession of the Leased Premises or any part thereof, or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease.

Electric Service. To In the extent Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as Additional Rent, for all electricity used by Tenant in the Leased Premises for lighting, convenience outlets, and other direct uses, an amount, as reasonably estimated by Landlord from time to time, which Tenant would pay for such electricity if the same were separately metered event SELLER requires standby electric service to the Leased Premises COGENERATION FACILITY same shall be furnished by PSE&G pursuant to an applicable tariff on file with the local electric utility provider(s) NJBPU. In such event, pursuant to and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay Tenant's proportionate share (as defined in Section 21 hereof) accordance with the provisions of The Order of the total electrical charges for NJBPU in "In the Building, provided that Landlord may (but shall have no obligation to) (i) install a separate electric meter for all or any portion Matter of the Leased Premises Consideration and in such event Tenant shall pay metered amount directly Determination of Cogeneration and Small Power Production Standards Pursuant to the electric utility provider(s)Public Utility Regulatory Policies, Act of 1978, Docket No. 8010-687," PSE&G will establish a credit (Credit) for SELLER in an amount determined in accordance with the following: ESTIMATED COST FOR STANDBY FACILITY ACTUAL COST FOR = CREDIT ----------------------------------- X INTERCONNECTION ESTIMATED COST FOR INTERCONNECTION The estimated cost for standby facility will be furnished to SELLER as soon as practicable after execution of this AGREEMENT. This Credit will be refunded to SELLER without interest, in whole or in part, in annual payments over the ten (ii10) engage an MEP engineer or electrical contractor year period following the DATE OF COMMERCIAL OPERATION. The amount of refund for each annual period will be calculated as follows: TOTAL OF PAYMENTS MADE FOR ELECTRIC SERVICE SUPPLIED BY PSE&G UNDER THE APPLICABLE PREVAILING X 10% = AMOUNT OF REFUND RATE SCHEDULE DURING THE PRECEDING ANNUAL PERIOD The total refund during such ten ("Electrical Contractor"10) to determine Tenant's usage of electricity and allocate Tenant's usage as a percentage of the total usage for the portions of the Property on the same meter as Tenant, and Tenant year period shall pay the percentage of total electricity charges as determined by the Electrical Contractor. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises which will in anyway increase its usage beyond exceed the amount of electricity which Landlord determines the Credit determined pursuant to be commercially reasonable and in accordance with the provisions of this Paragraph. If after such ten (10) year period SELLER has not received, based on its annual payments for use electric service, a total refund of the Leased Premises as general office spaceCredit, nor connect with electric current (except through existing electrical outlets in the Leased Premises) SELLER shall forfeit any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use further entitlement to any balance of the Leased Premises as general office space, then Tenant shall first procure Credit remaining at the consent end of Landlord such ten (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. As used herein, "local utility provider" shall include any and all public utility companies and/or private utility providers (including resellers10) that charge for providing electrical service to the Building. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants use and possession of the Leased Premises or any part thereof, or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Leaseyear period.

Electric Service. To Landlord has advised Tenant that, as of the extent date of this Lease, Georgia Power Company (the "Current Electric Service Provider") is the utility company selected by Landlord to provide electricity service for the Development, including the Building. Notwithstanding the foregoing, as long as Tenant is not billed directly by a public utilityleasing all of the rentable area in the Building, and subject to the terms and conditions of this Section 47, Tenant shall pay, upon demand, as Additional Rent, for all electricity used by Tenant in have the Leased Premises for lighting, convenience outlets, right at any time and other direct uses, an amount, as reasonably estimated by Landlord from time to timetime during the term of this Lease to require that Landlord contract for service from a different company or companies providing electricity service (each an "Alternate Service Provider"), which Tenant would pay for but only if and to the full extent permitted by applicable Legal Requirements. If an Alternate Service Provider is willing and able to provide such electricity if the same were separately metered to the Leased Premises by the local electric utility provider(s) and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay Tenant's proportionate share (as defined in Section 21 hereof) of the total electrical charges for the Building, provided that Landlord may (but shall have no obligation to) (i) install a separate electric meter for all or any portion of the Leased Premises and in such event Tenant shall pay metered amount directly to the electric utility provider(s), or (ii) engage an MEP engineer or electrical contractor ("Electrical Contractor") to determine Tenant's usage of electricity and allocate Tenant's usage as a percentage of the total usage for the portions of the Property on the same meter as Tenant, and Tenant shall pay the percentage of total electricity charges as determined by the Electrical Contractor. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises which will in anyway increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office space, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office space, then Tenant shall first procure the consent of Landlord (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. As used herein, "local utility provider" shall include any and all public utility companies and/or private utility providers (including resellers) that charge for providing electrical service to the Building. Interruptions of any , then Landlord shall, at Tenant's sole cost and expense, contract with such Alternate Service Provider to provide electricity service to the Building; provided, however, Landlord shall not be deemed an eviction required to contract with the Alternate Service Provider if it would adversely affect Landlord in any way. Tenant shall fully cooperate with Landlord, the Current Service Provider, and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Current Service Provider, and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be responsible or disturbance liable for any damage, loss, cost or expense which Tenant may sustain or incur by reason of Tenants use and possession any change, failure, interference, disruption, or defect in the supply or character of the Leased Premises electric energy furnished to the Premises, or if the quality or character of the electric energy supplied by the Current Electric Service Provider or any part thereofAlternate Service Provider is no longer available or suitable for Tenant's requirements, and no such change, failure, defect, unavailability, or render Landlord liable for damages by unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent or otherwise Rent, or relieve Tenant from performance any of Tenant's its obligations under this Lease. The exercise and enjoyment of the rights under this Section 47 shall be at Tenant's sole cost and expense.

Electric Service. A. To the extent Tenant is not billed directly by a public utility, Tenant shall pay, upon demand, as Additional Rentadditional rent, for all electricity used by Tenant in the Leased Premises Premises, including, without limitation, for lighting, convenience outlets, heating and cooling systems and other direct uses, an amount, as reasonably estimated by Landlord from time to time, which Tenant would pay . The charge shall be based upon metered use and shall be at the rates charged for such electricity if the same were separately metered to the Leased Premises services by the local electric utility provider(s) and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay Tenant's proportionate share (as defined in Section 21 hereof) of the total electrical charges for the Building, provided that Landlord may (but shall have no obligation to) (i) install a separate electric meter for all public authority or any portion of the Leased Premises and in such event Tenant shall pay metered amount directly to the electric utility provider(s), or (ii) engage an MEP engineer or electrical contractor ("Electrical Contractor") to determine Tenant's usage of electricity and allocate Tenant's usage as a percentage of the total usage for the portions of the Property on the same meter as Tenant, and Tenant shall pay the percentage of total electricity charges as determined by the Electrical Contractorutility. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises which will in anyway any way increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for use of the Leased Premises as general office space, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which is reasonably obtainable from existing electric outlets and normal for use of the Leased Premises as general office space, then Tenant shall first procure the consent of Landlord (which consent will not be unreasonably withheld). Tenant shall pay all costs of installation of all facilities necessary to furnishing such excess capacity and for such increased electricity usage. As used herein, "local utility provider" shall include any Landlord represents and all public utility companies and/or private utility providers (including resellers) warrants that charge for providing electrical service to the Building. Premises are currently separately metered. B. Interruptions of any service shall not be deemed an eviction or disturbance of Tenants Tenant's use and possession of the Leased Premises or any part thereof, thereof or render Landlord liable for damages by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Lease, except as provided in Paragraph 8(D). C. Tenant shall have the right to receive 40 hours of after-hours air conditioning of Tenant's choosing each calendar year for no additional charge to Tenant. Thereafter, Tenant shall have the right to receive after-hours air conditioning by paying Landlord's then standard charge for after-hours air conditioning, which Landlord may increase from time to time in Landlord's reasonable discretion (which, for calendar year 2016, will be $28 per hour but available in no less than two-hour minimum increments and subject to increases based on Landlord's reasonable estimates). Tenant hereby acknowledges and agrees that Landlord has furnished two (2) new 20-ton air conditioning rooftop units that serve the Premises exclusively. Normal HVAC hours shall be 8:00 a.m. until 6:00 pm Mondays through Fridays and 8:00 a.m. until 1:00 p.m. Saturdays (Saturday hours shall be limited to cooling only from June 1st through September 30h1 each calendar year), except Sundays, New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Tenant shall be billed directly by ComEd (or such other utility company providing electricity to the Premises during the Term) for the electricity used by Tenant in connection with the HVAC (including the aforementioned rooftop units, fan-power and VAV boxes). The Building's boiler costs for heating shall be paid for by Landlord. D. Landlord shall be responsible for the maintenance, repair and replacement of the HVAC Systems serving the Premises, except such repairs, maintenance or replacement necessitated by Tenant's negligence or misconduct.

Electric Service. To At all reasonable times, electric current as required for building standard lighting and fractional horsepower office machines from a Building standard 42 circuit 200 amp panel, with transformer if necessary, on each full floor occupied by Tenant, with the extent Tenant is not billed directly by a public utilityexpress exception of the 34th floor, provided, however, that: (i) without Landlord's consent, Tenant shall paynot install, upon demandor permit the installation, as Additional Rent, for all electricity used by Tenant in the Leased Premises for lightingof any computers, convenience outletsword processors, and electronic data processing equipment or other direct uses, an amount, as reasonably estimated by Landlord from time to time, which Tenant would pay for such electricity if the same were separately metered to the Leased Premises by the local electric utility provider(s) and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall pay Tenant's proportionate share (as defined in Section 21 hereof) type of the total electrical charges for the Building, provided that Landlord may (but shall have no obligation to) (i) install a separate electric meter for all equipment or any portion of the Leased Premises and in such event Tenant shall pay metered amount directly to the electric utility provider(s), or (ii) engage an MEP engineer or electrical contractor ("Electrical Contractor") to determine Tenant's usage of electricity and allocate Tenant's usage as a percentage of the total usage for the portions of the Property on the same meter as Tenant, and Tenant shall pay the percentage of total electricity charges as determined by the Electrical Contractor. Tenant shall furnish, at its own expense, all electric light bulbs, tubes and ballasts. Tenant will not without the written consent of Landlord use any apparatus or device in the Leased Premises machines which will in anyway increase its usage beyond the amount of electricity which Landlord determines to be commercially reasonable for Tenants use of the Leased Premises as general office space, nor connect with electric current (except through existing electrical outlets in the Leased Premises) any apparatus or device for the purpose of using electric current. If Tenant shall require electric current in excess of that which Landlord is reasonably obtainable from existing electric outlets and normal for obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of the Leased Premises as general personal computers or similar office space, then equipment); (ii) if Tenant shall first procure require electric current which may disrupt the provision of electrical service to other tenants, Landlord may refuse to grant its consent and (iii) if Tenants increased electrical requirements will materially affect the temperature level in the Premises or the Property, Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as will be incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of Landlord (which consent will not be unreasonably withheld)modifications to the air conditioning system. Tenant shall pay purchase all costs non-standard light bulbs, fluorescent tubes, ballasts, or starters used in the Premises from Landlord. Landlord shall not, in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain if, for any reasons beyond Landlord's control, either the quantity or character of installation of all facilities necessary to furnishing such excess capacity and electric service is changed or is no longer available or suitable for such increased electricity usageTenant's requirements. As used herein, "local utility provider" shall include any Any riser or risers (and all public utility companies and/or private utility providers other equipment proper or necessary in connection therewith) required after the commencement of the Lease Term to supply Tenants electrical requirement will, upon Tenants written request (including resellers) and at its sole expense as additional rent), be installed by Landlord if, in Landlord's sole judgment, the same is necessary and will not cause permanent damage or injury to or adversely affect the appearance of the Property or Premises or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs, or expense or interfere with or disturb other tenants or occupants. Tenant covenants that charge for providing at all times its use of electric current shall never exceed the capacity of the feeders, risers or electrical installations of the Property. If any tax is imposed upon Landlord's receipt from the sale or resale of electrical energy or gas or telephone service to the Building. Interruptions Tenant by any governmental authority, Tenant covenants that, where permitted by law, Tenants Pro rata Share of any service such taxes shall not be deemed an eviction or disturbance of Tenants use and possession of the Leased Premises or any part thereof, or render Landlord liable for damages paid by abatement of rent or otherwise or relieve Tenant from performance of Tenant's obligations under this Leaseto Landlord.