Common use of ELECTRICAL CONSUMPTION Clause in Contracts

ELECTRICAL CONSUMPTION. Landlord shall provide or cause to be provided to the Premises all electrical current required by Tenant in the normal use and occupancy of the Premises. Without Landlord's prior written consent, Tenant shall not install any equipment which would result in Tenant's connected load exceeding, either in voltage, rated capacity, or overall load, that which Landlord deems to be standard for the Building ("Building Standard Load") or which would generate sufficient heat to affect the temperature otherwise maintained in the Premises by the normal operation of the Building air conditioning equipment serving the Premises. The obligation of Landlord to provide or cause to be provided electrical service shall be subject to the rules and regulations of the supplier of such electricity and of any municipal or other governmental authority regulating the business of providing electrical utility service. Except to the extent of Landlord's gross negligence, Landlord shall not be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if either the quantity or character of the electric service is changed or is no longer available or no longer suitable for Tenant's requirements. At any time when Landlord is furnishing electric current to the Premises, Landlord may, at its option, upon not less than thirty (30) days prior written notice to Tenant, discontinue the furnishing of such electric current. If Landlord gives such notice of discontinuance, Landlord shall make all reasonably necessary arrangements with the public utilities supplying the electric current with respect to connecting electric current to the Premises, but tenant shall contract directly with such public utility with respect to supplying such service. Landlord shall have the right to measure electrical usage in the Premises (1) by installing a submeter, (2) by periodic determinations by Landlord's engineers or other competent consultants selected by Landlord, or (3) by any combination of such methods. If Tenant's electrical usage exceeds Building Standard Load, the cost of purchase and installation of a submeter in the Premises shall be borne by Tenant. If Tenant's connected load for electrical design exceeds the Building Standard Load, Tenant shall pay as Additional Rent a surcharge of a proportionate part of all electrical service costs which are attributable to the aggregate over-standard electrical consumption by all tenants in the Building. Such proportion shall be equal to the product of the aggregate cost of all over-standard electrical consumption in the Building (as determined by Landlord) times a fraction in which the numerator is Tenant's electrical design load in excess of the Building Standard Load and the denominator is the aggregate of the total electrical design load of all tenants in the Building in excess of the Building Standard Load. Tenant's proportionate share of such sums shall be due within ten (10) days after the date of receipt of a statement therefor from Landlord setting forth the amount of the charges involved and calculating Tenant's proportionate share thereof. If the electrical current consumed relative to the Premises shall be separately metered, Tenant shall pay for all such electrical current directly to the utility company supplying said service. Tenant agrees to purchase from Landlord all replacement lamps, bulbs, ballasts and starters used in the Premises and to pay Landlord a standard charge for furnishing and replacing such lamps, bulbs, ballasts and starters. At no time shall Tenant permit the use of electricity consumed in the Premises to exceed the capacity of feeders to the Building or the risers or wiring installation. Landlord does not warrant or represent that such capacity shall be adequate for Tenant's purposes.