Common use of Electrical Service Clause in Contracts

Electrical Service. 1 A. Subject to the other provisions of this Article 7, Landlord shall furnish to the 3 square foot of Usable Area of alternating electric current, exclusive of electricity required to operate the 4 base Building systems, provided that the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this Lease. Such services shall be provided as set forth in the Work Letter. The 10 distribution of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plans. Landlord shall furnish to the DX units serving 12 each floor of the Demised Premises, through the distribution facilities to be installed as provided in the 13 Work Letter, alternating electric current in a type and amount required to operate such DX units and 14 Tenant's Special Equipment. 15 B. The electric current for the Premises, the DX units, Tenant's Special Equipment, 16 service elevator corridors located within the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by Tenant, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, and Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current in the foregoing areas. 24 Notwithstanding the foregoing the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for the cost of the installation and maintenance thereof, which cost shall be equal to 28 Landlord's Cost therefor). If Landlord determines that it is not reasonably feasible to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive. 1 C. Landlord and its agents shall be permitted access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice shall be required). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to make repairs in the Demised Premises.

Appears in 2 contracts

Sources: Lease, Lease

Electrical Service. 1 A. Subject to the other provisions of this Article 7, Landlord shall furnish to the 3 Premises, beginning upon the Commencement Date, through the distribution facilities serving the Building, an electricity demand load of seven (7) ▇▇▇▇▇ per usable square foot of Usable Area of alternating electric currentfoot, exclusive of electricity required to operate the 4 base Building systemssystems (including the HVAC System, provided that both in the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting central plant and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this LeaseDX Units). Such services shall be provided as set forth at an electrical panel in the Work Letter. The 10 distribution of electricity from base Building electrical closets on the bus duct shall be transformed, sized and configured as per the 11 electrical drawings floor of the Final Basic Building PlansPremises. Landlord shall furnish to the Premises DX units serving 12 each floor of the Demised Premises, Units through the distribution facilities to be installed as provided by Landlord in the 13 Work LetterBuilding, alternating electric current in a type and amount required to operate such the DX units and 14 Tenant's Special EquipmentUnits. 15 B. The electric current for the Premises, the DX unitsUnits, Tenant's Special Equipmentcore toilet rooms, 16 core electrical closets, core telecommunication closets, core janitor closets, service elevator corridors located within the Premises lobbies and all other electrical, telecommunications and 17 DX Units mechanical equipment exclusively serving the Premises room(s) (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by TenantLandlord, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, and maintained by Landlord, at Tenant’s cost and expense; and beginning upon the Commencement Date Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's ’s consumption of/demand for alternating current in the foregoing areas. 24 Notwithstanding the foregoing foregoing, (a) Tenant shall not be obligated to pay any electricity charges for any emergency power in accordance with the terms of Section 6.01I hereof and (b) the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for Additional Rent the cost of the installation and maintenance thereof, which cost shall be equal to 28 Landlord's Cost ’s Charge therefor). If Landlord determines that it is not reasonably feasible . C. Subject to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 10 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive. 1 C. Landlord and its agents shall be permitted have the right to enter the Premises (and all other accessible parts of the core on the floor of the Premises) to access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice Notice shall be required). 4 Tenant shall supply, at Tenant's ’s cost, adequate electric lighting and electric power to Landlord or 5 Landlord's ’s contractors to clean and make repairs in the Demised Premises.

Appears in 1 contract

Sources: Lease Agreement (Olo Inc.)

Electrical Service. 1 A. Subject to the other provisions of this Article 77 and Exhibit O-2 attached hereto, Landlord represents that the Building design limits shall furnish be capable of furnishing to the 3 Premises beginning upon the Commencement Date, through the distribution facilities to be installed by Landlord, an electricity demand load of seven (7) ▇▇▇▇▇ per "usable square foot of Usable Area of feet" alternating electric current, exclusive of electricity required to operate the 4 base Building systemssystems (including the HVAC system, provided that both in the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting central plant and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this LeaseDX Units). Such services shall be provided as set forth at an electrical panel in the Work Letter. The 10 distribution base Building electrical closets, distributed therefrom to the Premises as required by Building Standards and the first sentence of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plans. Section 7.01B. Landlord shall furnish furnish, at Tenant's expense in accordance with Section 7.01D, to the DX units serving 12 each floor of the Demised PremisesUnits, through the distribution facilities to be installed as provided by Landlord in the 13 Work LetterBuilding, alternating electric current in a type and amount required to operate such the DX units and 14 Tenant's Special EquipmentUnits serving the floor of the Premises. 15 B. The Except with respect to emergency power as set forth in Section 6.01I and power to the DX Units serving the floor of the Premises, the electric current for the Premises, the DX units, Tenant's Special Equipment, 16 service elevator corridors located within the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any electricity furnished by any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by TenantLandlord, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, and beginning upon the Commencement Date Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current in the foregoing areas, provided, however, and pursuant to the provisions in Section 7.01D hereof, that Tenant shall pay to Landlord, as Additional Rent, a monthly amount for its proportionate share of the electrical charge for the DX Units serving the the floor of Premises. 24 Notwithstanding the foregoing foregoing, (a) Tenant shall not be obligated to pay any electricity charges for any emergency power in accordance with the terms of clause (c) of Section 6.01I hereof and (b) the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed at Tenant's request in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for the cost of the installation and maintenance thereof, which cost shall be equal to 28 Landlord's Cost Charge therefor). If Landlord determines that it is not reasonably feasible . C. Subject to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 10 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive. 1 C. Landlord and its agents shall be permitted have the right to enter the Premises (and all other accessible parts of the core on the floor of the Premises) to access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice Notice shall be required). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to clean and make repairs in the Demised Premises. D. Tenant shall, commencing as of the Commencement Date, pay to Landlord within twenty (20) days after demand therefor, as Additional Rent, Tenant's proportionate share (it being agreed that such proportionate share shall be deemed to be 56.53%) of the consumption of, or demand for, alternating current for the DX Units serving the floor of the Premises between the hours of 6:00 A.M. and 6:00 P.M. New York City time on Business Days, of the actual sub-metered electricity, such cost to be computed using the Electric Rates.

Appears in 1 contract

Sources: Lease Agreement (Progenics Pharmaceuticals Inc)

Electrical Service. 1 A. Subject Landlord reserves the right to pete▇ ▇▇▇ Premises or any portion thereof separately, and if the Premises (or any portion thereof), are so separately metered, Tenant shall pay all electricity furnished to the Premises which is so separately metered. Tenant shall not, without Landlord's prior written consent, use any equipment, including without limitation, electronic data processing machines, punchcard machines, duplicating machines, mainframe computers, photocopiers, printers or other provisions machines which use electric current in excess of this Article 7110 volts, Landlord shall furnish to which will increase the 3 square foot of Usable Area of alternating electric current, exclusive amount of electricity required to operate ordinarily furnished for use of the 4 base Building systems, provided Premises as general office space or which require clean circuits or other special distribution circuits. If Tenant desires additional 110 volt electrical power beyond that the branch circuits initially installed supplied by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (includingprovided above, without 6 limitation, lighting and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this Lease. Such services shall be provided as set forth in the Work Letter. The 10 distribution of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plans. Landlord shall furnish to the DX units serving 12 each floor of the Demised Premises, through the distribution facilities to be installed as provided in the 13 Work Letter, alternating electric current in a type and amount required excess of 110 volts, or other special power requirements or circuits, then Tenant may requires Landlord to operate provide such DX units and 14 Tenant's Special Equipment. 15 B. The electric current for supplemental power to the Premises, which request Landlord may grant or withhold in its reasonable discretion. If Landlord furnishes such power or circuits, Tenant shall pay Landlord on demand, the DX units, Tenant's Special Equipment, 16 service elevator corridors located within the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms cost of the second (2nd) sentence design, installation and maintenance of 19 Section 7.02 hereof) shall the facilities required to provide such additional or special electrical power or circuits and the cost of all electrical currents so provided at a rate not to exceed that which would be measured charged by submeter(s) with coincident demand (and shall be billed as the power company providing electric service to the Building, or its successor, if 20 there was only one (1) submeter provided therefor in Tenant were a direct customer thereof. Landlord may require separate electrical metering of such supplemental electrical power or circuits to the aggregate), installed and maintained by Tenant, 21 at its cost and expense, at such location(s) reasonably selected by LandlordPremises, and Tenant shall pay 22 monthly pay, upon demand, the cost of design, installation and maintenance of such metering facilities. In no event shall Tenant have access to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current any electrical closets in the foregoing areas. 24 Notwithstanding the foregoing the submeter(s) for any supplemental bus duct tapsBuilding, separate risers and/or 25 any other items installed in accordance with the terms of the second (2nd) sentence of Section 7.02 26 hereof may not be measured with coincident demand (it being agreed that Tenant shall pay Landlord as 27 additional rent for the cost of the installation and maintenance thereofany electrical engineering, which cost design or contract work shall be equal to 28 Landlord's Cost therefor). If Landlord determines that it is not reasonably feasible to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected performed by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made electrical engineer and/or electrical contractor designated by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough of 44 Manhattan. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse Tenant (by either, at the sole option of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive. 1 C. Landlord and its agents shall be permitted access to the electric closets and the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except in the event of an emergency, when no such Routine Notice or oral notice shall be required). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to make repairs in the Demised Premisesexpense.

Appears in 1 contract

Sources: Lease Agreement (Southeast Commerce Holding Co)

Electrical Service. 1 A. Subject (i) As more fully described in Exhibit H, the Landlord’s Work includes a high voltage electrical riser and transformer vaults and transformers located on each floor, all of which shall be owned and operated by the local electrical distribution utility. Except for Landlord’s obligation to complete the Landlord’s Work, Tenant shall (a) make its own arrangements with the local electrical distribution utility for the delivery of electricity to the Premises, and (b) from time to time make its own arrangements with the local electrical distribution utility or other provisions of this Article 7, Landlord shall furnish to supplier selected by Tenant for the 3 square foot of Usable Area of alternating electric current, exclusive supply of electricity required to operate the 4 base Building systems, provided that the branch circuits initially installed by Landlord as per the 5 electrical drawings of the Final Basic Building Plans as part of Basic Construction (including, without 6 limitation, lighting and convenience power on each floor and power to flushometers and sinks, if any, 7 but not including stair power or exit signs) shall be transferred to the appropriate local floor panel of 8 each floor of the Demised Premises by Tenant as part of Tenant's Work upon and subject to the 9 applicable terms of this Lease. Such services shall be provided as set forth in the Work Letter. The 10 distribution of electricity from the bus duct shall be transformed, sized and configured as per the 11 electrical drawings of the Final Basic Building Plans. Landlord shall furnish to the DX units serving 12 each floor of the Demised Premises, through the distribution facilities to be installed as provided in the 13 Work Letter, alternating electric current in a type and amount required to operate such DX units and 14 Tenant's Special Equipment. 15 B. The electric current for the Premises, subject to Landlord’s approval of any such other supplier, such approval shall not be unreasonably withheld. Tenant shall pay, as and when due, directly to (x) the DX unitslocal electrical distribution utility for the delivery of electricity to the Premises, Tenant's Special Equipmentand (y) the local electrical distribution utility or other supplier selected by Tenant as aforesaid for the supply of electricity for the Premises; provided, 16 service elevator corridors located within however, that if for any reason Tenant is not billed directly for electrical service, Landlord shall forward each ▇▇▇▇ received by it with respect to the Premises and all other electrical, telecommunications and 17 mechanical equipment exclusively serving the Premises (and any supplemental bus duct taps, separate 18 risers and/or any other items installed in accordance with the terms of the second (2nd) sentence of 19 Section 7.02 hereof) shall be measured by submeter(s) with coincident demand (and shall be billed as if 20 there was only one (1) submeter provided therefor in the aggregate), installed and maintained by Tenant, 21 at its cost and expense, at such location(s) reasonably selected by Landlord, to Tenant and Tenant shall pay 22 monthly to Landlord such amounts (which shall be computed by using the Electric Rates, as hereinafter 23 defined), on the basis of Tenant's consumption of/demand for alternating current in the foregoing areas. 24 Notwithstanding the foregoing the submeter(s) for any supplemental bus duct taps, separate risers and/or 25 any other items installed it promptly in accordance with the terms its terms. Landlord agrees (1) that subject to Landlord review and approval, which shall not be unreasonably withheld, Tenant may install electrical distribution equipment in any electrical closet located on any floor on which a portion of the second Premises is located and (2nd2) sentence that, in the case of Section 7.02 26 hereof may any full floor leased to Tenant hereunder, and (2) that no other tenant shall be permitted to install any equipment therein, subject to Landlord’s right to install therein conduit for the benefit of more than one floor of the Building. (ii) Landlord shall be responsible for providing electricity for (a) the Common Areas and the other service or utility areas of the Building, including that necessary for Landlord to operate the elevators and provide HVAC and other services required by this Lease to be provided by it, and (b) the Shared Facilities (all of the foregoing being herein called the “Landlord Electricity”). Landlord has advised Tenant that Landlord contemplates Commonwealth Edison (“Landlord’s Electric Service Provider”) to be the utility company selected by Landlord to provide Landlord’s Electricity. Notwithstanding the foregoing, so long as the rates therefor are competitive with other comparable office buildings in downtown Chicago, if permitted by law, Landlord shall have the right at any time and from time to time to either contract for Landlord’s Electricity from a different company or companies providing electricity service at rates competitive with other electric service providers (each such company shall hereinafter be referred to as a “Landlord’s Alternate Service Provider” or continue to contract for Landlord’s Electricity from the Landlord’s Electric Service Provider, and in computing the amount of Operating Expenses and Shared Facilities Costs. Landlord shall take into account any lower rates or rebates received from or through Landlord’s Electric Service Provider or such Landlord’s Alternate Service Provider. (iii) If Tenant’s use of electricity in any portion of the Building located outside of the Premises is not be measured with coincident demand (it being agreed that separately metered for any reason, Tenant shall pay Landlord as 27 additional rent Additional Rent, in monthly installments at the time prescribed for monthly installments of Net Rent, an amount, as reasonably estimated by Landlord from time to time (and confirmed by Tenant’s engineers), 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 cost 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. (iv) 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 installation Premises, provided, however, that, Tenant shall have the right, subject to Landlord’s approval, not to be unreasonably withheld, to (a) bring electricity from one floor of the Premises to another, and maintenance thereof(b) install additional CT cabinets, which cost switches, transformers and other electrical distribution equipment and, if necessary, to construct within the Premises additional vaults for those purposes. Work affecting the Building’s electrical system will be done by either Landlord’s Contractors or, if Tenant shall be equal to 28 so elect, contractors employed by Tenant and reasonably approved by Landlord's Cost therefor). If Landlord determines that it is not reasonably feasible to meter any portion 29 of Tenant’s use of electricity, then such usage shall be determined from a survey in both cases at Tenant’s expense 30 made by a reputable independent electrical engineer or consultant selected by Landlord or a qualified 31 member of Landlord’s in-house personnel. If Landlord causes any such survey to be performed, 32 Landlord shall send a copy of such survey to Tenant together with a Notice providing that Tenant has a 33 period of sixty (60) days following receipt of Landlord’s findings and such Notice to dispute Landlord’s 34 findings. If Tenant shall dispute the findings of such survey, Tenant, within sixty (60) days of receipt of 35 Landlord’s findings and such Notice (time being of the essence), may cause a like survey to be made by 36 an independent, reputable electric consultant selected and paid by Tenant. If Tenant so elects, upon 37 completion of the second survey, Tenant shall deliver Notice to Landlord of the results thereof. If such 38 determination differs from that of Landlord by 10% or less, Landlord’s findings shall be conclusive and 39 binding upon the parties. If such determination differs from that made by Landlord by more than 10% 40 and Landlord and Tenant cannot agree on the amount of such electric use, the dispute may be resolved 41 by arbitration in accordance with the terms of Article 25 hereof, except that the arbitrators shall be 42 qualified electrical engineers or consultants having at least ten (10) years’ active, continuous experience 43 in electrical work or consultation with respect to first-class office buildings in the Borough any work performed by or on behalf of 44 ManhattanTenant. Pending a final determination pursuant to such arbitration, Tenant shall pay to Landlord for 45 electrical energy based on the determination of Landlord; and if it is determined that Tenant has 46 overpaid, Landlord shall reimburse not limit Tenant (by either, to one or a limited number of contractors for this work. Tenant covenants and agrees that at all times its use of electrical current shall never exceed the sole option capacity of Landlord, providing a credit 47 against the next payment(s) of Rent payable by Tenant hereunder or paying such sum to Tenant) for any 48 overpayment at the conclusion of such arbitration. If Tenant shall not timely dispute the findings of 49 Landlord as provided in this Section 7.01B, the determination by Landlord shall be deemed to be final 50 and conclusive. 1 C. Landlord and its agents shall be permitted access feeders to the electric closets and Building or the 2 meters at reasonable times after delivery of a reasonable prior Routine Notice to Tenant, which may be 3 oral (except risers installed therein as more fully described in the event of an emergency, when no such Routine Notice or oral notice shall be required). 4 Tenant shall supply, at Tenant's cost, adequate electric lighting and electric power to Landlord or 5 Landlord's contractors to make repairs in the Demised PremisesExhibit H hereto.

Appears in 1 contract

Sources: Office Lease (Hyatt Hotels Corp)