Electrical Service. Subject to the limitation of this Paragraph 4, furnish electrical service to the Premises, including providing and installing all Building standard replacement lighting tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on a monthly basis the cost of such excess power consumed by Tenant. Consumption will be determined, at Landlord’s election, either (a) by a survey performed by a reputable consultant selected by Landlord, or (b) through separate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. For purposes of this Paragraph 4 only, “month” and “monthly” shall mean any billing period used by the utility or other power provider supplying electricity. All installations of electrical fixtures, appliances and equipment within the Premises shall be subject to Landlord’s prior approval, and if they affect the temperature or humidity otherwise maintained, Landlord may, at Tenant’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Tenant’s share of the capacity of existing feeders to the Building or of the risers, wiring installations and transformers serving the floor(s) containing the Premises. Landlord shall provide up to 3.5 ▇▇▇▇▇ per usable square foot (demand) of riser and floor panel electrical capacity averaged over the floor being serviced. Tenant shall be allocated an approximate 2.0 ▇▇▇▇▇ per usable square foot for power and 1.5 ▇▇▇▇▇ per usable square foot for lighting. Any risers or wiring necessary to meet Tenant’s excess electrical requirements will be installed by Landlord on Tenant’s request, at Tenant’s sole cost and expense (to be paid in advance), but only if in Landlord’s good faith belief they are necessary and will not cause damage to the Building or a dangerous condition, entail excessive or unreasonable alterations, repairs or expense, or disturb other occupants.
Appears in 1 contract
Electrical Service. Subject to the limitation of this Paragraph 4, Landlord shall furnish electrical service energy required for (a) lighting the Premises, (b) operating Tenant's office equipment and other electrical appliances and equipment used in the Premises, and (c) operating the heat pump(s) supplying heat and cooling to the Premises. Tenant acknowledges that the electricity furnished by Landlord for the Building and Land shall be included as an Operating Expense, including to the end that Tenant shall be responsible for payment of Tenant's pro rata share thereof (to be determined generally as Tenant's Percentage of the cost of providing and installing all electrical energy to the Building, as long as the Building standard replacement lighting tubesis centrally metered, to the extent that Tenant's usage is not extraordinary). Landlord shall not be required to furnish electrical current for equipment that requires more than 120 volts or other equipment whose electrical energy consumption exceeds normal office usage. If Tenant's requirements for or consumption of electricity exceed the electricity to be provided by Landlord as described in this Section 10.13, Landlord shall, at Tenant's expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, and Tenant uses more electrical power than shall pay to Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on a monthly basis the cost of such excess power consumed service within thirty days after Landlord has delivered to Tenant an invoice therefor. Landlord may determine the amount of such additional consumption and potential consumption by Tenant. Consumption will be determinedany verifiable method, at Landlord’s electionincluding installation of a separate meter in the Premises installed, either (a) by a survey performed by a reputable consultant selected maintained, and read by Landlord, or (b) through separate meters or submeters installed, maintained and read by Landlord at Tenant’s cost's expense. For purposes Tenant shall not install any electrical equipment requiring special wiring or requiring voltage in excess of this Paragraph 4 only, “month” and “monthly” shall mean any billing period used 120 volts or otherwise exceeding Building capacity unless approved in advance by the utility or other power provider supplying electricityLandlord. All installations The use of electrical fixtures, appliances and equipment within electricity in the Premises shall be subject to Landlord’s prior approval, and if they affect the temperature or humidity otherwise maintained, Landlord may, at Tenant’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never not exceed Tenant’s share of the capacity of existing feeders and risers to the Building or of the risers, wiring installations and transformers serving the floor(s) containing in the Premises. Landlord shall provide up to 3.5 ▇▇▇▇▇ per usable square foot (demand) of riser and floor panel electrical capacity averaged over the floor being serviced. Tenant shall be allocated an approximate 2.0 ▇▇▇▇▇ per usable square foot for power and 1.5 ▇▇▇▇▇ per usable square foot for lighting. Any risers or wiring necessary required to meet Tenant’s 's excess electrical requirements will shall, upon ▇▇▇▇▇▇'s written request, be installed by Landlord on Tenant’s requestLandlord, at Tenant’s sole cost and expense (to be paid in advance)'s cost, but only if if, in Landlord’s good faith belief they 's judgment, the same are necessary and will shall not cause permanent damage to the Building or the Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs repairs, or expenseexpenses, or interfere with or disturb other occupantstenants of the Building. If Tenant uses machines or equipment in the Premises that materially adversely affect the temperature otherwise maintained by the air conditioning system or otherwise overload any utility, Landlord may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of installation, operation, use, and maintenance, shall be paid by Tenant to Landlord within thirty days after ▇▇▇▇▇▇▇▇ has delivered to Tenant an invoice therefor.
Appears in 1 contract
Sources: Lease (Lifeline Systems Inc)
Electrical Service. Subject to the limitation of this Paragraph 4, furnish electrical service to the Premises, including providing and installing all Building standard replacement lighting tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on a monthly basis the cost of such excess power consumed by Tenant. Consumption will be determined, at Landlord’s election, either (a) by a survey performed by a reputable consultant selected by Landlord, or (b) through separate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. For purposes of this Paragraph 4 only, “month” and “monthly” shall mean any billing period used by the utility or other power provider supplying electricity. All installations of electrical fixtures, appliances and equipment within the Premises other than normal office equipment shall be subject to Landlord’s reasonable prior approval, and if they materially affect the temperature or humidity otherwise maintained, Landlord may, at Tenant’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Tenant’s share of the capacity of existing feeders to the Building or of the risers, wiring installations and transformers serving the floor(s) containing the Premises. Landlord shall provide 811311.04/WLA 378421-00002/2-14-20/mem/mem EXHIBIT F -1- ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ [Akero Therapeutics, Inc.] up to 3.5 ▇▇▇▇▇ per usable square foot (demand) of riser and floor panel electrical capacity averaged over the floor being serviced. Tenant shall be allocated an approximate 2.0 ▇▇▇▇▇ per usable square foot for power and 1.5 ▇▇▇▇▇ per usable square foot for lighting. Any risers or wiring necessary to meet Tenant’s excess electrical requirements will be installed by Landlord on Tenant’s request, at Tenant’s sole cost and expense (to be paid in advance), but only if in Landlord’s good faith belief belief, they are necessary and will not cause damage to the Building or a dangerous condition, entail excessive or unreasonable alterations, repairs or expense, or disturb other occupants.
Appears in 1 contract
Electrical Service. Subject to A. Landlord shall furnish electric energy in reasonable amount for operation of the limitation of this Paragraph 4, furnish electrical service to the Premises, including providing and installing all Building standard replacement lighting tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on a monthly basis the cost of such excess power consumed by Tenant. Consumption will be determined, at Landlord’s election, either (a) by a survey performed by a reputable consultant selected by Landlord, or (b) through separate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. For purposes of this Paragraph 4 only, “month” and “monthly” shall mean any billing period used by the utility or other power provider supplying electricity. All installations of electrical fixtures, appliances and equipment within hereinafter referred to for the Electrical Energy Charge as provided in Article I and Section 2.10 hereof, except as hereinafter provided. If Tenant shall require electrical energy for use in the Premises in excess of such reasonable amounts to be furnished, Tenant, at Tenant's expense, shall, if Landlord so elects, install a separate meter(s) for all or any portion or portions of Tenant's electrical energy use and Tenant shall pay for electricity so metered. Upon the installation of such separate meter(s), provided the same accounts for Tenant's total electrical energy usage in the Premises, Tenant shall cease to be obligated to pay the Electrical Energy Charge attributable to any period thereafter. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric energy furnished on the Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity. Tenant's use of electric energy in the Premises shall be subject to Landlord’s prior approval, and if they affect the temperature or humidity otherwise maintained, Landlord may, not at Tenant’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never any time exceed Tenant’s share of the capacity of existing feeders 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 the Building electric service Tenant shall not, without Landlord's prior written consent in each instance, connect to the Building electric distribution system any fixtures, appliances or equipment (other than lamps, typewriters, small computers, and similar small office machines which operate on a voltage not in excess of 110 and which do not require high levels of current) or make any alteration or addition to the electric system of the Premises. Should Landlord grant such consent, all additional risers or other equipment required therefor shall be provided by Landlord and the reasonable cost thereof shall be paid by Tenant upon Landlord' s demand. Landlord reserves the right to discontinue furnishing electric energy to Tenant in the Premises at any time upon not less than 30 days notice to Tenant. If Landlord shall exercise such right of termination, from and after the effective date of such termination Landlord shall not be obligated to furnish electric energy to Tenant and thereupon Tenant shall cease to be obligated to pay the Electrical Energy Charge attributable to any period thereafter. If Landlord shall so discontinue furnishing electric energy to Tenant, Tenant shall arrange to obtain electric energy directly from the public utility company furnishing electric service to the Building. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purposes. All meters and additional panel boards, feeders, risers, wiring installations and transformers serving the floor(s) containing the Premises. Landlord other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall provide up to 3.5 ▇▇▇▇▇ per usable square foot (demand) of riser and floor panel electrical capacity averaged over the floor being serviced. Tenant shall be allocated an approximate 2.0 ▇▇▇▇▇ per usable square foot for power and 1.5 ▇▇▇▇▇ per usable square foot for lighting. Any risers or wiring necessary to meet Tenant’s excess electrical requirements will be installed by Landlord on Tenant’s request, at Tenant’s sole cost 's expense before discontinuance of service. Landlord shall furnish and install at Tenant's expense (all replacement lighting tubes, lamps, bulbs, and ballasts required in the Premises. EXHIBIT C [diagram intentionally omitted] EXHIBIT D RULES AND REGULATIONS One Boston Place is a Premier business address in Boston, as such we have worked very hard to be paid create the most positive environment possible for you and your employees to conduct business in advance)an orderly, but only if clean and desirable premises. We have endeavored to minimize our formal Rules and Regulations. However, in Landlord’s good faith belief they are necessary order to maintain the positive business environment which initially attracted you as a tenant and will not cause damage minimize the interference by others to your premises, we anticipate your cooperation in observing the Building or a dangerous conditionfollowing Rules and Regulations prescribed by the Owner. Please note that the term "Tenant" as used in these Rules and Regulations includes its officers, entail excessive or unreasonable alterationsagents, repairs or expenseemployees, or disturb other occupantsvendors, clients and guests.
Appears in 1 contract
Electrical Service. Subject to the limitation of this Paragraph 4, furnish electrical service to the Premises, including providing and installing all Building standard replacement lighting tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on a monthly basis the cost of such excess power consumed by Tenant. Consumption will be determined, at Landlord▇▇▇▇▇▇▇▇’s election, either (a) by a survey performed by a reputable consultant selected by Landlord, or (b) through separate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. For purposes of this Paragraph 4 only, “month” and “monthly” shall mean any billing period used by the utility or other power provider supplying electricity. All installations of electrical fixtures, appliances and equipment within the Premises shall be subject to Landlord’s prior approval, and if they affect the temperature or humidity otherwise maintained, Landlord may, at Tenant’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Tenant▇▇▇▇▇▇’s share of the capacity of existing feeders to the Building or of the risers, wiring installations and transformers serving the floor(s) containing the Premises. Landlord shall provide up to 3.5 ▇▇▇▇▇ per usable square foot (demand) of riser and floor panel electrical capacity averaged over the floor being serviced. Tenant shall be allocated an approximate 2.0 ▇▇▇▇▇ per usable square foot for power and 1.5 ▇▇▇▇▇ per usable square foot for lighting. Any risers or wiring necessary to meet Tenant’s excess electrical requirements will be installed by Landlord on Tenant’s request, at Tenant’s sole cost and expense (to be paid in advance), but only if in Landlord’s good faith belief they are necessary and will not cause damage to the Building or a dangerous condition, entail excessive or unreasonable alterations, repairs or expense, or disturb other occupants.
Appears in 1 contract
Electrical Service. Subject to the limitation of this Paragraph 4, furnish electrical service to the Premises, including providing and installing all Building standard replacement lighting tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on a monthly basis the cost of such excess power consumed by Tenant. Consumption will be determined, at Landlord’s election, either (a) by a survey performed by a reputable consultant selected by Landlord, or (b) through separate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. For purposes of this Paragraph 4 only, “month” and “monthly” shall mean any billing period used by the utility or other power provider supplying electricity. All installations of electrical fixturesfutures, appliances and equipment within the Premises shall be subject to Landlord’s prior approval, and if they affect the temperature or humidity otherwise maintained, Landlord may, at Tenant’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Tenant’s share of the capacity of existing feeders to the Building or of the risers, wiring installations and transformers serving the floor(s) containing the Premises. Landlord shall provide up to 3.5 ▇▇▇▇▇ per usable square foot (demand) of riser and floor panel electrical capacity averaged over the floor being serviced. Tenant shall be allocated an approximate 2.0 ▇▇▇▇▇ per usable square foot for power and 1.5 ▇▇▇▇▇ per usable square foot for lighting. Any risers or wiring necessary to meet Tenant’s excess electrical requirements will be installed by Landlord on Tenant’s request, at Tenant’s sole cost and expense (to be paid in advance), but only if in Landlord’s reasonable good faith belief they are necessary and will not cause damage to the Building or a dangerous condition, entail excessive or unreasonable alterations, repairs or expense, or disturb other occupants.
Appears in 1 contract
Sources: Office Lease (Novacea Inc)
Electrical Service. Subject (i) Landlord shall bring electrical service capacity to the limitation base Building electric closet on each floor of this Paragraph 4, furnish electrical service to the Premises, including providing and installing all Building standard replacement lighting tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on a monthly basis the cost of such excess power consumed by Tenant. Consumption will be determined, at Landlord’s election, either (a) by a survey performed by a reputable consultant selected by Landlord, or (b) through separate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. For purposes of this Paragraph 4 only, “month” and “monthly” shall mean any billing period used by the utility or other power provider supplying electricity. All installations of electrical fixtures, appliances and equipment within the Premises shall be subject to Landlord’s prior approval, and if they affect sufficient for electrical usage in the temperature or humidity otherwise maintained, Landlord may, Premises of at Tenant’s sole cost and expense least eight (to be paid within (30) days after delivery of written demand supported by invoices or other reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Tenant’s share of the capacity of existing feeders to the Building or of the risers, wiring installations and transformers serving the floor(s) containing the Premises. Landlord shall provide up to 3.5 8) ▇▇▇▇▇ per usable square foot connected load (demand) the “Minimum Electrical Capacity”). Landlord and Tenant agree that in the event that Landlord and Tenant, working jointly and cooperatively with their respective engineers, hereafter determine that Tenant’s electrical needs for the Premises will exceed the Minimum Electrical Capacity (by reason of riser the improvements and floor panel equipment to be installed in the Premises in connection with the Tenant Work or otherwise), then Tenant may (at its cost), upon the approval of Landlord of the method of doing so (which approval shall not be unreasonably withheld), cause the electrical capacity averaged over of the floor being servicedPremises to be increased to the electrical capacity so determined by Landlord and Tenant (and their respective engineers), so long as such activity does not delay Landlord’s performance of the Landlord Work or otherwise give rise to any additional costs or liabilities to Landlord (unless Tenant agrees to pay the same). In the event that a dispute arises between Landlord and Tenant as to whether Tenant has a need for or right to an increase in the electrical capacity to be provided to the Premises as provided in the preceding sentence, such dispute shall be resolved pursuant to the Workletter Dispute Procedures set forth in Section 15 of the Workletter.
(ii) Tenant shall (a) make its own arrangements with the local electrical distribution utility reasonably designated by Landlord for the Building for the delivery of electricity to the Premises, and (b) from time to time make its own arrangements with the local electrical distribution utility which provides service to the Building for the supply of electricity for the Premises. Tenant shall be allocated an approximate 2.0 ▇pay, as and when due, directly to the local electrical distribution utility for the delivery of electricity to the Premises; provided, however, that if for any reason Tenant is not billed directly for electrical service, Landlord shall forward each ▇▇▇▇ per usable square foot for power received by it with respect to the Premises to Tenant and 1.5 ▇▇▇▇▇ per usable square foot for lightingTenant shall pay it promptly in accordance with its terms. Any risers Landlord agrees that no other tenant shall be permitted to install any electrical distribution equipment in any electrical closet located on any full floor leased to Tenant hereunder, subject to Landlord’s right to install therein conduit or wiring necessary to meet other reasonable utility installations that do not interfere with Tenant’s excess use of the Premises, for the benefit of more than one floor of the Building. Tenant shall not gain access to, or place any property or equipment in, the electrical requirements will or riser closets in the Building (including any located within the Premises) without the prior consent of Landlord, which consent shall not be installed unreasonably withheld.
(iii) Landlord shall be responsible, and shall pay separately, for all electricity for the Common Areas (including those necessary for Landlord to furnish Building Services), and Landlord’s Actual Cost thereof shall be included in Operating Expenses.
(iv) If Tenant’s use of electricity in any portion of the Building located outside of the Premises is not separately metered for any reason, Tenant shall pay Landlord as Additional Rent, in monthly installments at the time prescribed for monthly installments of Net Rent, an amount, as reasonably estimated by Landlord on from time to time (and reasonably confirmed by Tenant’s requestengineers), and based upon evaluations made by an engineer selected by Landlord and reasonably approved by Tenant, that Tenant otherwise would pay for such electricity. Said estimated amount shall be as if the same were separately metered to the Premises by the local electric utility company and billed to Tenant at such utility company’s then-current rates for similar customers. Tenant shall, at Tenant’s its sole cost and expense (as a component of the Tenant Work), install all electrical meters for all portions of the Initial Premises (and any expansion space leased by Tenant hereunder, except to the extent provided to the contrary in the Current Market Terms, if applicable to such expansion space).
(v) Tenant shall make no alterations or additions to the electric equipment or appliances used within or serving the Premises which would overload the CT cabinets or switches on any floor of the Premises (taking into consideration any increase in the electrical capacity of the Premises effected pursuant to Paragraph 6(E)(i) above); provided, however, that Tenant shall have the right, subject to Landlord’s approval, not to be paid in advanceunreasonably withheld (but subject to the other applicable provisions of the Workletter, if part of the Tenant Work, or Article 7 hereof), but only to (a) bring electricity from one floor of the Premises to another, and (b) install additional CT cabinets, switches, transformers and other electrical distribution equipment and, if in Landlordnecessary, to construct within the Premises additional vaults for that purpose. Any work performed by Tenant affecting the Building’s good faith belief they are necessary electrical system shall be subject to the terms of the Workletter (if part of the Tenant Work) or Article 7 hereof. Tenant covenants and will not cause damage agrees that at all times its use of electrical current shall never exceed the capacity of the feeders to the Building or a dangerous conditionthe wiring installed in risers of the Building (as such capacity may be increased as provided in Paragraph 6(E)(i) above).
(vi) Landlord agrees to furnish to Tenant, entail excessive upon Tenant’s written request, at Landlord’s Actual Cost, all replacement lamps, bulbs, ballasts and other lighting components used in the Premises, provided the same are customarily used in the Building or unreasonable alterationsare otherwise furnished by Tenant to Landlord. Unless Tenant makes such request, repairs or expenseTenant shall have the right to furnish all such lamps, or disturb other occupantsbulbs, ballasts and starters as Tenant shall require (subject to the use of union labor, if the Building uses union labor for such activities).
Appears in 1 contract
Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)
Electrical Service. Subject A. Landlord shall supply electricity to the limitation of this Paragraph 4, furnish electrical service Premises to the Premises, including providing and installing all Building standard replacement lighting tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on meet a monthly basis the cost of such excess power consumed by Tenant. Consumption will be determined, at Landlord’s election, either (a) by a survey performed by a reputable consultant selected by Landlord, or (b) through separate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. For purposes of this Paragraph 4 only, “month” and “monthly” shall mean any billing period used by the utility or other power provider supplying electricity. All installations of electrical fixtures, appliances and equipment within the Premises shall be subject requirement not to Landlord’s prior approval, and if they affect the temperature or humidity otherwise maintained, Landlord may, at Tenant’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Tenant’s share of the capacity of existing feeders to the Building or of the risers, wiring installations and transformers serving the floor(s) containing the Premises. Landlord shall provide up to 3.5 3.0 ▇▇▇▇▇ per usable square foot of Premises Rentable Area for lighting and for office machines through standard receptacles for standard single-phase 120 volt alternating current. Tenant agrees in its use of the Premises not to exceed such requirement and that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. Landlord shall purchase and install, at Tenant's expense (demand) other than those in place as of riser the Commencement Date), all lamps, tubes, bulbs, starters and floor panel electrical capacity averaged over the floor being servicedballasts. Tenant shall pay all charges for electricity used or consumed in the Premises. Landlord shall bear the cost of installation, repair and maintenance of any electric meter to be allocated used or installed in the Premises. In order to assure that the foregoing requirements are not exceeded and to avert any possible adverse affect on the Building's electric system, Tenant shall not, without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, connect any fixtures, appliances or equipment to the Building's electric distribution system other than typewriters, pencil sharpener, adding machines, handheld or desk top calculators, dictaphones, clocks, personal computers and radios. Tenant shall pay the Tenant's Electrical Charge for such service. Except as herein specifically set forth, the Tenant's Electrical Charge shall be unaffected by the extent of use of such service by Tenant and is deemed to be included as rental under this Lease payable as and when provided in Section 3.1 of this Lease. If Landlord reasonably determines, from time to time, that the cost to Landlord of electricity allocable to Tenant's use, demand and/or consumption of electricity (or Tenant's future use, demand and/or consumption of electricity as reasonably projected by Landlord) consistently exceeds, or is projected by Landlord to consistently exceed, the Tenant's Electrical Charge (any such use, demand or consumption of electricity by Tenant being hereinafter referred to as "EXCESS ELECTRICITY USE"), Landlord may, at its option, give written notice thereof to Tenant (any such notice being hereinafter referred to as an approximate 2.0 ▇▇▇▇▇ per usable square foot for power "EXCESS ELECTRICITY NOTICE") which notice shall specify the amount by which Landlord estimates that Landlord's cost of such Excess Electricity Use exceeds the Tenant's Electrical Charge (any such excess cost being hereinafter referred to as an "EXCESS ELECTRICITY USE CHARGE"). The Excess Electricity Use Charge specified in such Excess Electricity Notice shall be due and 1.5 ▇▇▇▇▇ per usable square foot for lightingpayable as additional rent as hereinafter provided. Any risers or Excess Electricity Use Charge allocable to a period prior to the date of giving an Excess Electricity Notice shall, at the option of Landlord, be payable as additional rent within thirty (30) days after written demand is made therefor by Landlord. Excess Electricity Use Charges allocable to any period after the date of giving an Excess Electricity Notice shall be due and payable as additional rent monthly in advance in equal monthly installments for the balance of the Term of this Lease on the first day of each calendar month during the Term of this Lease with the first such installment being due and payable on the first day of the first full calendar month following the date of giving any such Excess Electricity Notice.
B. Landlord will determine Excess Electricity Use at Landlord's option, as follows: (i) by installing submeter(s) and/or check meter(s) and related wiring necessary and equipment in the Premises at Landlord's expense and/or (ii) by estimating Excess Electricity Use in the Premises, such estimates to meet Tenant’s excess be prepared by an independent electrical requirements will be installed engineer engaged by Landlord on and Landlord shall pay the costs of hiring such engineer) and/or (iii) by any other reasonably reliable method selected by Landlord to estimate and/or calculate Excess Electricity Use. Excess Electricity Use Charges shall be established by Landlord based upon Excess Electricity Use established as aforesaid and based upon Landlord's estimate of the additional cost of such electricity to Landlord over and above the Tenant’s request's Electrical Charge and any then existing Excess Electricity Use Charges in effect. The cost of such electric submeter(s) as well as the cost of installation, at repair and replacement of any such additional electrical submeter(s) shall be borne by Tenant’s sole cost and expense (to be paid in advance), but only if in Landlord’s good faith belief they are necessary and will not cause damage to . Payments due Landlord from Tenant under the Building or a dangerous condition, entail excessive or unreasonable alterations, repairs or expense, or disturb other occupants.terms of this Section shall be
Appears in 1 contract
Sources: Lease Agreement (Moldflow Corp)
Electrical Service. Subject to the limitation of this Paragraph 4, furnish electrical service to the Premises, including providing and installing all Building standard replacement lighting tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office use, Tenant will pay Landlord on a monthly basis the cost of such excess excess· power consumed by Tenant. Consumption will be determined, at Landlord’s 's election, either (a) by a survey performed by a reputable consultant selected by Landlord, or (b) through separate meters or submeters installed, maintained and read by Landlord at Tenant’s 's cost. For purposes of this Paragraph 4 only, “"month” " and “"monthly” " shall mean any billing period used by the utility or other power provider supplying electricity. All installations of electrical fixtures, appliances and equipment within the Premises shall be subject to Landlord’s 's prior approval, and if they affect the temperature or humidity otherwise maintained, Landlord may, at Tenant’s 's sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s 's use of electricity shall never exceed Tenant’s 's share of the capacity of existing feeders to the Building or of the risers, wiring installations and transformers serving the floor(s) containing the Premises. Landlord shall provide up to 3.5 ▇▇▇▇▇ per usable square foot (demand) of riser and floor panel electrical capacity averaged over the floor being serviced. Tenant shall be allocated an approximate 2.0 ▇▇▇▇▇ per usable square foot for power and 1.5 ▇▇▇▇▇ per usable square foot for lighting. Any risers or wiring necessary to meet Tenant’s 's excess electrical requirements will be installed by Landlord on Tenant’s 's request, at Tenant’s 's sole cost and expense (to be paid in advance), but only if in Landlord’s 's good faith belief they are necessary and will not cause damage to the Building or a dangerous condition, entail excessive or unreasonable alterations, repairs or expense, or disturb other occupants.
Appears in 1 contract