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. The charge shall be based upon allocation of total building use and shall be at the rates charged for such services by the local public authority or utility but shall not exceed the greater of the trailing twelve (12) month average of electricity charges paid by Tenant 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 month for which 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. 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. The charge shall be based upon allocation of total building use and shall be at the rates charged , an amount, as reasonably estimated by Landlord from time to time, which Tenant would pay for such services electricity if the same were separately metered to the Leased Premises by the local public authority or electric utility but provider(s) and billed to Tenant at such utility provider(s)' then current rates. Initially, Tenant shall not exceed the greater of the trailing twelve (12) month average of electricity charges paid by Tenant or pay 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 month total electrical charges for which billing is being calculatedthe 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.