Common use of Electrical Service Clause in Contracts

Electrical Service. A. Landlord shall supply electricity to the Premises to meet a requirement not to exceed 3.0 xxxxx per 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 (other than those in place as of the Commencement Date), all lamps, tubes, bulbs, starters and ballasts. 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 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 "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 payable as additional rent as hereinafter provided. Any 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.

Appears in 1 contract

Samples: Lease (Moldflow Corp)

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Electrical Service. A. Landlord shall The City, which owns and operates its electrical service utility, agrees that it will, at its expense, increase the electrical service and distribution to meet the electrical service demands of Jackpot at the Building in accordance with the Project schedule attached hereto and incorporated herein as Exhibit 6 (the “Project Schedule”). The City acknowledges that Jackpot’s electrical service demands for the Subject Property as estimated on Exhibit 7 (the “Minimum Electrical Requirements”), and the City agrees to provide the Minimum Electrical Requirements in accordance with Exhibit 7. As set forth in Recital G(2), the City will commit to funding up to $2,000,000.00 of the total anticipated cost of the improvements on the Subject Property and Jackpot will be responsible for funding any remaining anticipated cost of the improvements from the distribution substation, which includes the cost of the transformers or primary metering. The City will provide transformers at its distribution substation to supply electricity the sufficient electrical service to the Premises Subject Property to meet a requirement not the Minimum Electrical Requirements and support Jackpot’s operation. Jackpot acknowledges that the City is expending great sums to exceed 3.0 xxxxx per square foot of Premises Rentable Area for lighting enhance the distribution service to its Building and for office machines through standard receptacles for standard single-phase 120 volt alternating current. Tenant agrees in its use the expansion and upsizing of the Premises not distribution substation to exceed accommodate Jackpot’s operations. As such, Jackpot agrees to purchase from the City no less than the monthly electrical service set forth on Exhibit 4 (the “Minimum Monthly Amount”) until the sooner of (i) eight (8) years following the completion of the Project or (ii) until the City has recovered the Project Cost, whichever occurs first (the “Minimum Service Period”), provided that Jackpot shall have no obligation to purchase the Minimum Monthly Amount for any period in which the City has failed to complete its obligations with respect to the Project and to provide the Minimum Electrical Requirements sufficient to meet Jackpot’s projected electrical needs. If Jackpot fails to purchase the Minimum Monthly Amount in any monthly period (a “Deficiency”), Jackpot shall pay the City within sixty (60) days after the end of the calendar year in which such requirement monthly period occurs an amount equal to the standard applicable cost of the electrical service multiplied by the Deficiency (the “Minimum Payment”). For clarity, the Deficiency is the shortfall of the electrical service actually purchased during a monthly period and the Minimum Monthly Amount. Payments made by Jackpot to the City to purchase electrical services during the Minimum Service Period and Minimum Payments shall count as Jackpot’s reimbursements to the City for the Project Cost. Notwithstanding the foregoing, if Jackpot purchases more electrical service than the Minimum Monthly Amount for any particular month, such excess may be carried forward and applied to a future monthly period and such excess may offset and be credited against any Deficiency for such month, provided that its total connected lighting load will not exceed any excess during Off- Peak Months may only be credited against future Off-Peak Months and any excess during Peak Months may only be credited against future Peak Months. For purposes of this Agreement, “Peak Months” means June, July, August and September, and “Off-Peak Months” means January, February, March, April, May, October, November and December. Should Jackpot wish to terminate the maximum from time obligation to time permitted under applicable governmental regulations. Landlord shall purchase and installthe Minimum Monthly Amount before expiration of the Minimum Service Period, at Tenant's expense (other than those in place Jackpot may make a lump sum payment equal to the outstanding amount of yet reimbursed Project Cost as of the Commencement Dateend of the calendar year immediately preceding the termination date (“Amount Owed”). The Amount Owed shall equal to the Project Cost less cumulative reimbursements Jackpot paid to City equal to the amount determined by a straight-line amortization of the Project Cost over a period of eight (8) years (as an example, all lampsthe Amount Owed as of the end of Year 2 shall be $3,825,0000, tubesnamely, bulbs$5,100,000 less $1,275,000 or $637,500 multiplied by two years). However, starters the use of third-party electrical providers any other generation source, including, but not limited to solar generation, wind generation, any form of reusable generation, or any other form of generation that would reduce, augment, supplement, or replace the electrical load shall be subject to the City’s codes and ballasts. Tenant shall pay all charges for electricity used or consumed in the Premises. Landlord shall bear the cost of installation, repair and maintenance City Council’s approval of any other such generation source. For the purposes of electrical rates, Jackpot shall be categorized and billed as a Class Rate 168 customer. No alternative rate class or discounted rates shall be afforded to Jackpot, unless specifically set forth herein. During the twelve (12) months preceding the expiration of the Minimum Service Period, the parties shall cooperate in good faith to secure the power purchase and the electric meter billing rates for utility services potentially provided by the City to be used or installed in the PremisesJackpot post- termination of this Agreement. In order to assure SECTION THREE. COVENANT NOT TO USE OTHER SOURCES OF ELECTRICITY Jackpot understands that the foregoing requirements are City is expending large sums of money to enhance electrical services to Jackpot for the Building and as such, Jackpot covenants not exceeded and to avert use 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 source of electricity as reasonably projected identified in Section Two (A) of this Agreement for a period of time no less than eight (8) years as set forth in Exhibit 4 or until the City has recovered the Project Cost, whichever occurs first, unless required to do so by LandlordFederal or State law. Further, should Jackpot have an average monthly use of 15 MW for the first seven (7) consistently exceedsyears of this Agreement, or is projected by Landlord during both peak and non-peak service time periods, then Jackpot shall be able to consistently exceed, the Tenant's Electrical Charge (any such use, demand or consumption use other sources of electricity by Tenant being hereinafter referred to as "EXCESS ELECTRICITY USE"), Landlord may, at for its option, give written notice thereof to Tenant (any such notice being hereinafter referred to as an "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 payable as additional rent as hereinafter provided. Any 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 Noticeoperations.

Appears in 1 contract

Samples: Development Agreement for 1600 Ritchie Road

Electrical Service. A. Landlord shall supply electricity Subject to the Premises limitation of this Paragraph 4, furnish electrical service to meet a requirement not to exceed 3.0 xxxxx per square foot of Premises Rentable Area for the Premises, including providing and installing all Building standard replacement lighting and tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office machines 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 standard receptacles for standard single-phase 120 volt alternating currentseparate meters or submeters installed, maintained and read by Landlord at Tenant's cost. Tenant agrees in its use 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 not shall be subject to exceed such requirement Landlord's prior approval, and that its total connected lighting load will not exceed if they affect the maximum from time to time permitted under applicable governmental regulations. temperature or humidity otherwise maintained, Landlord shall purchase and installmay, at Tenant's sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other than those in place as reasonably satisfactory evidence), install supplemental air conditioning units. Tenant's use of electricity shall never exceed Tenant's share of the Commencement Date)capacity of existing feeders to the Building or of the risers, all lamps, tubes, bulbs, starters wiring installations and ballasts. Tenant shall pay all charges for electricity used or consumed in transformers serving the floor(s) containing the Premises. Landlord shall bear provide up to 3.5 xxxxx per usable square foot (demand) of riser and floor panel electrical capacity averaged over the cost of installation, repair and maintenance of any electric meter to be 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 radiosfloor being serviced. Tenant shall pay the be allocated an approximate 2.0 xxxxx per usable square foot for power and 1.5 xxxxx per usable square foot for lighting. Any risers or wiring necessary to meet Tenant's Electrical Charge for such service. Except as herein specifically set forth, the excess electrical requirements will be installed by Landlord on Tenant's Electrical Charge shall be unaffected by the extent of use of such service by Tenant request, at Tenant's sole cost and is deemed expense (to be included as rental under this Lease payable as paid in advance), but only if in Landlord's good faith belief they are necessary and when provided in Section 3.1 of this Lease. If Landlord reasonably determineswill not cause damage to the Building or a dangerous condition, from time to timeentail excessive or unreasonable alterations, that the cost to Landlord of electricity allocable to Tenant's use, demand and/or consumption of electricity (repairs or Tenant's future use, demand and/or consumption of electricity as reasonably projected by Landlord) consistently exceedsexpense, 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 "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 payable as additional rent as hereinafter provided. Any 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 Noticedisturb other occupants.

Appears in 1 contract

Samples: Office Lease (Atlantic Acquisition Inc.)

Electrical Service. A. Landlord shall supply electricity Subject to the Premises limitation of this Paragraph 4, furnish electrical service to meet a requirement not to exceed 3.0 xxxxx per square foot of Premises Rentable Area for the Premises, including providing and installing all Building standard replacement lighting and tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office machines use, Tenant will pay Landlord on a monthly basis the cost of such excess power consumed by Tenant. Consumption will be determined, at Xxxxxxxx’s election, either (a) by a survey performed by a reputable consultant selected by Landlord, or (b) through standard receptacles for standard single-phase 120 volt alternating currentseparate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. Tenant agrees in its use 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 not shall be subject to exceed such requirement Landlord’s prior approval, and that its total connected lighting load will not exceed if they affect the maximum from time to time permitted under applicable governmental regulations. temperature or humidity otherwise maintained, Landlord shall purchase and installmay, at Tenant's ’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other than those in place as reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Xxxxxx’s share of the Commencement Date)capacity of existing feeders to the Building or of the risers, all lamps, tubes, bulbs, starters wiring installations and ballasts. Tenant shall pay all charges for electricity used or consumed in transformers serving the floor(s) containing the Premises. Landlord shall bear provide up to 3.5 xxxxx per usable square foot (demand) of riser and floor panel electrical capacity averaged over the cost of installation, repair and maintenance of any electric meter to be 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 radiosfloor being serviced. Tenant shall pay the be allocated an approximate 2.0 xxxxx per usable square foot for power and 1.5 EXHIBIT F -1- 000 XXXXXXX XXXXXXXXX [Atara Biotherapeutics, Inc.] xxxxx per usable square foot for lighting. Any risers or wiring necessary to meet Tenant's Electrical Charge for such service. Except as herein specifically set forth’s excess electrical requirements will be installed by Landlord on Tenant’s request, the at Tenant's Electrical Charge shall be unaffected by the extent of use of such service by Tenant ’s sole cost and is deemed expense (to be included as rental under this Lease payable as paid in advance), but only if in Landlord’s good faith belief they are necessary and when provided in Section 3.1 of this Lease. If Landlord reasonably determineswill not cause damage to the Building or a dangerous condition, from time to timeentail excessive or unreasonable alterations, that the cost to Landlord of electricity allocable to Tenant's use, demand and/or consumption of electricity (repairs or Tenant's future use, demand and/or consumption of electricity as reasonably projected by Landlord) consistently exceedsexpense, 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 "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 payable as additional rent as hereinafter provided. Any 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 Noticedisturb other occupants.

Appears in 1 contract

Samples: Office Lease (Atara Biotherapeutics, Inc.)

Electrical Service. A. Landlord shall supply electricity Subject to the Premises limitation of this Paragraph 4, furnish electrical service to meet a requirement not to exceed 3.0 xxxxx per square foot of Premises Rentable Area for the Premises, including providing and installing all Building standard replacement lighting and tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office machines 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 standard receptacles for standard single-phase 120 volt alternating currentseparate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. Tenant agrees in its use 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 not shall be subject to exceed such requirement Landlord’s prior approval, and that its total connected lighting load will not exceed if they affect the maximum from time to time permitted under applicable governmental regulations. temperature or humidity otherwise maintained, Landlord shall purchase and installmay, at Tenant's ’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other than those in place as reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Tenant’s share of the Commencement Date)capacity of existing feeders to the Building or of the risers, all lamps, tubes, bulbs, starters wiring installations and ballasts. Tenant shall pay all charges for electricity used or consumed in transformers serving the floor(s) containing the Premises. Landlord shall bear provide up to 3.5 xxxxx per usable square foot (demand) of riser and floor panel electrical capacity averaged over the cost of installation, repair and maintenance of any electric meter to be 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 radiosfloor being serviced. Tenant shall pay the be allocated an approximate 2.0 xxxxx per usable square foot for power and 1.5 xxxxx per usable square foot for lighting. Any risers or wiring necessary to meet Tenant's Electrical Charge for such service. Except as herein specifically set forth’s excess electrical requirements will be installed by Landlord on Tenant’s request, the at Tenant's Electrical Charge shall be unaffected by the extent of use of such service by Tenant ’s sole cost and is deemed expense (to be included as rental under this Lease payable as paid in advance), but only if in Landlord’s good faith belief they are necessary and when provided in Section 3.1 of this Lease. If Landlord reasonably determineswill not cause damage to the Building or a dangerous condition, from time to timeentail excessive or unreasonable alterations, that the cost to Landlord of electricity allocable to Tenant's use, demand and/or consumption of electricity (repairs or Tenant's future use, demand and/or consumption of electricity as reasonably projected by Landlord) consistently exceedsexpense, 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 "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 payable as additional rent as hereinafter provided. Any 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 Noticedisturb other occupants.

Appears in 1 contract

Samples: Office Lease (Hyperion Therapeutics Inc)

Electrical Service. A. Landlord shall supply electricity Subject to the Premises limitation of this Paragraph 4, furnish electrical service to meet a requirement not to exceed 3.0 xxxxx per square foot of Premises Rentable Area for the Premises, including providing and installing all Building standard replacement lighting and tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office machines 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 standard receptacles for standard single-phase 120 volt alternating currentseparate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. Tenant agrees in its use 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 not other than normal office equipment shall be subject to exceed such requirement Landlord’s reasonable prior approval, and that its total connected lighting load will not exceed if they materially affect the maximum from time to time permitted under applicable governmental regulations. temperature or humidity otherwise maintained, Landlord shall purchase and installmay, at Tenant's ’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other than those in place as reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Tenant’s share of the Commencement Date)capacity of existing feeders to the Building or of the risers, all lamps, tubes, bulbs, starters wiring installations and ballasts. Tenant shall pay all charges for electricity used or consumed in transformers serving the floor(s) containing the Premises. Landlord shall bear provide 811311.04/WLA 378421-00002/2-14-20/mem/mem EXHIBIT F -1- 000 XXXXXXX XXXXXXXXX [Akero Therapeutics, Inc.] up to 3.5 xxxxx per usable square foot (demand) of riser and floor panel electrical capacity averaged over the cost of installation, repair and maintenance of any electric meter to be 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 radiosfloor being serviced. Tenant shall pay the be allocated an approximate 2.0 xxxxx per usable square foot for power and 1.5 xxxxx per usable square foot for lighting. Any risers or wiring necessary to meet Tenant's Electrical Charge for such service. Except as herein specifically set forth’s excess electrical requirements will be installed by Landlord on Tenant’s request, the at Tenant's Electrical Charge shall be unaffected by the extent of use of such service by Tenant ’s sole cost and is deemed expense (to be included as rental under this Lease payable as paid in advance), but only if in Landlord’s good faith belief, they are necessary and when provided in Section 3.1 of this Lease. If Landlord reasonably determineswill not cause damage to the Building or a dangerous condition, from time to timeentail excessive or unreasonable alterations, that the cost to Landlord of electricity allocable to Tenant's use, demand and/or consumption of electricity (repairs or Tenant's future use, demand and/or consumption of electricity as reasonably projected by Landlord) consistently exceedsexpense, 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 "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 payable as additional rent as hereinafter provided. Any 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 Noticedisturb other occupants.

Appears in 1 contract

Samples: Office Lease (Akero Therapeutics, Inc.)

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Electrical Service. A. Landlord shall supply electricity Subject to the Premises limitation of this Paragraph 4, furnish electrical service to meet a requirement not to exceed 3.0 xxxxx per square foot of Premises Rentable Area for the Premises, including providing and installing all Building standard replacement lighting and tubes. If Tenant uses more electrical power than Landlord in good faith considers reasonable or normal for office machines 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 standard receptacles for standard single-phase 120 volt alternating currentseparate meters or submeters installed, maintained and read by Landlord at Tenant’s cost. Tenant agrees in its use 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 futures, appliances and equipment within the Premises not shall be subject to exceed such requirement Landlord’s prior approval, and that its total connected lighting load will not exceed if they affect the maximum from time to time permitted under applicable governmental regulations. temperature or humidity otherwise maintained, Landlord shall purchase and installmay, at Tenant's ’s sole cost and expense (to be paid within (30) days after delivery of written demand supported by invoices or other than those in place as reasonably satisfactory evidence), install supplemental air conditioning units. Tenant’s use of electricity shall never exceed Tenant’s share of the Commencement Date)capacity of existing feeders to the Building or of the risers, all lamps, tubes, bulbs, starters wiring installations and ballasts. Tenant shall pay all charges for electricity used or consumed in transformers serving the floor(s) containing the Premises. Landlord shall bear provide up to 3.5 xxxxx per usable square foot (demand) of riser and floor panel electrical capacity averaged over the floor being serviced. EXHIBIT C Tenant shall be allocated an approximate 2.0 xxxxx per usable square foot for power and 1.5 xxxxx 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 of installation, repair and maintenance of any electric meter expense (to be used or installed paid in the Premises. In order to assure that the foregoing requirements advance), but only if in Landlord’s reasonable good faith belief they are necessary and will 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 cause damage to the Building's electric distribution system other than typewritersBuilding or a dangerous condition, pencil sharpenerentail excessive or unreasonable alterations, adding machines, handheld repairs 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 exceedsexpense, 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 "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 payable as additional rent as hereinafter provided. Any 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 Noticedisturb other occupants.

Appears in 1 contract

Samples: Office Lease (Novacea Inc)

Electrical Service. A. Landlord shall supply electricity furnish electric energy in reasonable amount for operation of the fixtures, appliances and equipment 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 meet a requirement not to exceed 3.0 xxxxx per 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 installbe furnished, Tenant, at Tenant's expense (other than those in place as expense, shall, if Landlord so elects, install a separate meter(s) for all or any portion or portions of the Commencement Date), all lamps, tubes, bulbs, starters Tenant's electrical energy use and ballasts. Tenant shall pay all charges for electricity used or consumed 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 bear not be liable in any way to Tenant for any failure or defect in the cost supply or character of installation, repair and maintenance 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 meter to be used energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or installed in otherwise serving the Premises. In order to assure insure that the foregoing requirements are such capacity is not exceeded and to avert any possible adverse affect on effect upon the Building's Building electric system, service Tenant shall not, without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayedin 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's . Such electric distribution 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 and other than typewriters, pencil sharpener, adding machines, handheld or desk top calculators, dictaphones, clocks, personal computers conductors and radios. Tenant equipment which may be required to obtain electric energy directly from such public utility company shall pay the be installed by Landlord at Tenant's Electrical Charge for such expense before discontinuance of service. Except as herein specifically set forth, the Landlord shall furnish and install at Tenant's Electrical Charge shall be unaffected 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 create the most positive environment possible for you and your employees to conduct business in an orderly, clean and desirable premises. We have endeavored to minimize our formal Rules and Regulations. However, in order to maintain the positive business environment which initially attracted you as a tenant and minimize the interference by others to your premises, we anticipate your cooperation in observing the following Rules and Regulations prescribed 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 LeaseOwner. If Landlord reasonably determines, from time to time, Please note that the cost to Landlord of electricity allocable to term "Tenant's use" as used in these Rules and Regulations includes its officers, demand and/or consumption of electricity (or Tenant's future useagents, demand and/or consumption of electricity as reasonably projected by Landlord) consistently exceedsemployees, or is projected by Landlord to consistently exceedvendors, 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 "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 clients and payable as additional rent as hereinafter provided. Any 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 Noticeguests.

Appears in 1 contract

Samples: One Boston Place (Internet Capital Group Inc)

Electrical Service. A. Landlord shall supply electricity furnish electrical 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 to meet a requirement not to exceed 3.0 xxxxx per square foot of Premises Rentable Area for lighting and for office machines through standard receptacles for standard single-phase 120 volt alternating currentPremises. Tenant agrees in its use acknowledges that the electricity furnished by Landlord for the Building and Land shall be included as an Operating Expense, 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 Premises cost of providing electrical energy to the Building, as long as the Building is centrally metered, to the extent that Tenant's usage is 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 regulationsextraordinary). Landlord shall purchase and installnot 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 (other than those expense, make reasonable efforts to supply such service through the then-existing feeders and risers serving the Building and the Premises, and Tenant shall pay to Landlord the cost of such 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 any verifiable method, including installation of a separate meter in place as of the Commencement Date)Premises installed, all lampsmaintained, tubesand read by Landlord, bulbs, starters and ballastsat Tenant's expense. Tenant shall pay all charges for not install any electrical equipment requiring special wiring or requiring voltage in excess of 120 volts or otherwise exceeding Building capacity unless approved in advance by Landlord. The use of electricity used in the Premises shall not exceed the capacity of existing feeders and risers to or consumed wiring in the Premises. Any risers or wiring required to meet Tenant's excess electrical requirements shall, upon Xxxxxx's written request, be installed by Landlord, at Tenant's cost, if, in Landlord's judgment, the same are necessary and 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, or expenses, or interfere with or disturb other tenants 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 shall bear may install supplemental air conditioning units or other supplemental equipment in the Premises, and the cost thereof, including the cost of installation, repair operation, use, and maintenance of any electric meter to be 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 systemmaintenance, 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 paid 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 within thirty days after Xxxxxxxx has delivered to Tenant (any such notice being hereinafter referred to as an "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 payable as additional rent as hereinafter provided. Any 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 Noticeinvoice therefor.

Appears in 1 contract

Samples: Lifeline Systems Inc

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