Common use of Electricity Service Clause in Contracts

Electricity Service. (i) With respect to the portion of the Premises located on the eighth (8th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. With respect to the portion of the Premises located on the ninth (9th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 100 amperes of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. Landlord's designated agent shall install a submeter to measure Tenant's consumption of electrical energy in the Premises, but excluding Building HVAC. Tenant shall pay Landlord for any and all costs incurred in connection with the installation of such submeter upon the submission by Landlord of a xxxx for such costs. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at Landlord's cost for submetered electrical energy, plus (a) Landlord's charge for overhead and supervision in the amount of four percent (4%) of the total electric xxxx and (b) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenant, monthly, for the cost if its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or Tenant's business, or otherwise.

Appears in 2 contracts

Samples: Lease Agreement (Talkpoint Communications Inc), Nextvenue Inc

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Electricity Service. (i) With respect Landlord, at Landlord’s expense, shall redistribute or furnish electrical energy to or for the portion use of Tenant in the Premises for the operation of the lighting fixtures and the electrical receptacles installed in the Premises located on the eighth (8th) floor of Commencement Date and the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, ordinary and customary office business machines including, without limitation, word processing, typewriters and photocopying machines, used by Tenant. There shall be no specific charge by way of measuring such electrical energy on any airmeter or otherwise, as the charge for the service of redistributing or furnishing such electrical energy has been included in the Rent on a so-cooling equipment located incalled “rent inclusion” basis. The parties agree that although the charge for the service of redistributing or furnishing electrical energy is included in the Rent on a so-called “rent inclusion” basis, or exclusively servicing such portion of the Premises. With respect value to the portion of the Premises located on the ninth (9th) floor of the Building, Landlord shall provide to the perimeter Tenant of such portion of service may not be fully reflected in the PremisesRent. Accordingly, Tenant agrees that Landlord, at a location reasonably determined Landlord’s expense, may cause an independent electrical engineer or electrical consulting firm, selected by Landlord, 100 amperes of electrical load for to make a determination, following the servicing of all of commencement of. Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. Landlord's designated agent shall install a submeter to measure Tenant's consumption of electrical energy ’s normal business activities in the Premises, but excluding Building HVAC. of the full value to Tenant shall pay Landlord for any and all costs incurred in connection with the installation of such submeter services supplied by Landlord, to wit: the estimated actual electrical energy consumed by Tenant annually based upon the submission by Landlord of a xxxx for such costs. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at Landlord's cost for submetered electrical energy, plus (a) Landlord's charge for overhead and supervision in the amount of four percent (4%) estimated capacity of the total electric xxxx electrical feeders, risers and (b) any taxes or wiring and other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenant, monthly, for the cost if its consumption of electricity in facilities serving the Premises and used by Tenant. Such engineer or consulting firm shall certify such determination in writing to Landlord and Tenant. Thereafter, Landlord may from time to time at its option cause such engineer or consulting firm to make subsequent determinations of the then full value of such services supplied to Tenant on the basis set forth in the immediately preceding sentence. If it shall pay be determined that the full value to Tenant of the electric service is in excess of the Electrical Inclusion Factor, the parties shall enter into a written supplementary agreement, in form satisfactory to Landlord and Tenant, modifying this Lease as of the Commencement Date by increasing the Rent and the Electrical Inclusion Factor for the entire Term by an annual amount thereof at equal to such excess. However, if it shall be so determined that the time full value to Tenant of payment such service does not exceed the Electrical Inclusion Factor, no such agreement shall be executed and there shall be no increase or decrease in the Rent or the Electrical Inclusion Factor by reason of each installment of Rentsuch determination. If either the quantity or character of electrical services service is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's ’s requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or of Tenant's ’s business, or otherwise.

Appears in 2 contracts

Samples: Agreement of Lease (Panacea Acquisition Corp), Agreement of Lease (Panacea Acquisition Corp)

Electricity Service. (i) With respect Landlord shall redistribute ten (10) xxxxx of connected electrical load per rentable square foot of space deemed to the portion of be in the Premises located on the eighth (8th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. With respect to the portion of the Premises located on the ninth (9th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 100 amperes of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. Landlord's designated agent shall install a submeter to measure Tenant's consumption of electrical energy in the Premises, but excluding Building HVACPremises at Landlord's sole cost and expense. Tenant shall pay Landlord for any and all costs incurred in connection with the installation of such submeter upon the submission by Landlord of a xxxx for such costs. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at Landlord's cost the then applicable rate prescribed by the public utility company serving the Premises for submetered electrical energy, plus (a) Landlord's charge for overhead and supervision in the amount of four eight percent (48%) of the total electric xxxx and (b) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be passed on toonto, included in the xxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenant, monthly, for the cost if of its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or of Tenant's business, or otherwise.

Appears in 2 contracts

Samples: Execution Original (Intralinks Inc), Execution Original (Intralinks Inc)

Electricity Service. (i) With respect to Landlord shall furnish six (6) xxxxx per rentable square foot, connected load of electrical energy (exclusive of electricity for heating, ventilation and air conditioning (except for any supplemental units installed by or on behalf of Tenant)) for the portion use of Tenant in the Premises for the operation of the Premises located on lighting fixtures, the eighth (8th) floor of electrical receptacles and the Buildingsupplemental air-cooling equipment, Landlord shall provide to the perimeter of such portion of if any, installed in the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of and all of Tenant's ’s equipment, machinery and appliances, which electrical needs within such portion of energy shall be made available to the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of electrical closet in the Premises. With respect to the portion A submeter or submeters, which shall be installed as part of the Premises located on the ninth (9th) floor Base Building Work, and shall be functional as of the BuildingCommencement Date, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 100 amperes of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. Landlord's designated agent shall install a submeter to measure Tenant's ’s consumption of electrical energy in the Premises, but excluding Building HVAC. Landlord shall make any required repairs to and maintain the submeter or submeters serving the Premises in working order during the Term. Tenant shall pay to Landlord as Additional Rent, on demand, at any time from time to time but no more frequently than monthly, for any its consumption of electrical energy and all costs incurred demand at the Premises, at the same rate schedule charged by the utility or its successor servicing the Building, plus (i) an amount equal to six (6%) percent of the total cost of Tenant’s electric consumption and demand (not including sales tax) for Landlord’s overhead and supervision charge in connection with Landlord’s reading of the installation submeter(s) and billing Tenant and (ii) any taxes, surcharges or other charges which are assessed in respect of such submeter consumption and demand of electricity. In no event shall Tenant be required to pay more than once for any tax or other element of the electric xxxx nor shall the aforesaid six (6%) percent premium be charged by Landlord on any taxes or surcharges. Based upon the submission by Landlord of a utility xxxx for such costs. The cost of electricity utilized by the Building for the applicable month, Tenant shall be paid billed for by Tenant its consumption of electricity computed on the average cost to Landlord of kilowatt demand and the average cost to Landlord for on peak and off peak kilowatt hour consumption as additional rent and shall be calculated at Landlord's cost for submetered electrical energy, plus (aregistered by the submeter(s) Landlord's charge for overhead and supervision in the amount installed to measure Tenant’s consumption of four percent (4%) of the total electric xxxx and (b) any taxes or other charges in connection therewithelectricity. If any tax shall be imposed upon Landlord's ’s receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenant, monthly, for the cost if of its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of Tenant’s payment of each the next monthly installment of RentMinimum Rent that is due no less than thirty (30) days after Tenant’s receipt of the applicable electric xxxx from Landlord. If either Each such xxxx shall state Tenant’s consumption of electricity, the quantity or character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable rates that Tenant pays for Tenant's requirementssuch electricity, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant and furnish details with respect to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or Tenant's business, or otherwisetaxes and surcharges.

Appears in 2 contracts

Samples: Agreement of Lease (Compass, Inc.), Lease (Urban Compass, Inc.)

Electricity Service. (i) With respect Landlord shall distribute six (6) wxxxx of connected electrical load per rentable square foot of space deemed to the portion of be in the Premises located on the eighth (8th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any airincluding the Air-cooling equipment located in, or exclusively servicing such portion of the PremisesConditioning Systems. With respect to the portion of the Premises located on the ninth (9th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 100 amperes of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. Landlord's designated agent shall install a submeter to measure Tenant's consumption of electrical energy in the Premises shall be measured by submeters installed or to be installed in the Premises, but excluding Building HVAC. Tenant shall pay Landlord for any and all costs incurred in connection with the installation of any such submeter submeters upon the submission by Landlord of a xxxx bxxx for such costs. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at Landlord's cost the then applicable rate prescribed by the public utility company serving the Building for submetered electrical energyenergy purchased by Landlord for the entire Building, plus (a) Landlord's charge for overhead and supervision in the amount of four percent eight (48%) percent of the total electric xxxx bxxx and (b) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata rate share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx bxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx bxxx Tenant, monthly, for the cost if of its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or Tenant's business, or otherwise.

Appears in 1 contract

Samples: Agreement (Marvel Enterprises Inc)

Electricity Service. (i) With respect Landlord shall redistribute up to the portion six (6) xxxxx of connected electrical load per rentable square foot of space deemed to be in the Premises located on the eighth (8thbased upon Tenant's demonstrated need therefor) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of all of Tenant's the lighting fixtures and electrical needs receptacles within such portion of the Premises, includingexclusive, without limitationhowever, of any air-cooling equipment located in, or exclusively servicing such portion of servicing, the Premises. With respect Notwithstanding the foregoing to the portion of the Premises located on the ninth (9th) floor of the Buildingcontrary, Landlord shall install any additional feeders or risers necessary to provide Tenant with an additional two (2) xxxxx of connected electrical load per rentable square foot deemed to be contained in the Premises to the perimeter extent Tenant demonstrates, to Landlord's reasonable satisfaction, a need therefor, and Tenant shall reimburse Landlord for all actual third-party, out-of-pocket expenses incurred by Landlord in connection therewith, plus eight (8%) percent of the aggregate sum of such portion of the Premises, at a location reasonably determined by expenses for Landlord, 100 amperes of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premisesadministrative fee. Landlord's designated agent shall install a submeter to measure Tenant's consumption of electrical energy in the Premises, but excluding Building HVAC. Tenant shall pay Landlord for any and all reasonable costs incurred in connection with the installation of such submeter upon the submission by Landlord of a xxxx for such costs. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at Landlord's cost the then rate paid by Landlord to the public utility company serving the Premises for such submetered electrical energy, plus (a) Landlord's charge for overhead and supervision in the amount of four eight percent (48%) of the total electric xxxx and (b) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenant, monthly, for the cost if of its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Predictive Systems Inc)

Electricity Service. A. (i1) With respect Landlord shall redistribute or furnish electrical energy to or for the portion use of Tenant in the Premises for the operation of the Premises located on lighting fixtures and the eighth (8th) floor of the Building, Landlord shall provide to the perimeter of such portion of electrical receptacles installed in the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of all of . Tenant's electrical needs within such portion of consumption shall be measured by the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. With respect to the portion of the Premises located on the ninth (9th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 100 amperes of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. Landlord's designated agent shall install a submeter to measure Tenant's consumption of electrical energy meter currently installed in the Premises, but excluding Building HVAC. Tenant shall pay Landlord for any and all costs incurred in connection with the installation of such submeter upon the submission by Landlord of a xxxx for such costs. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at Landlord's cost the then applicable rate prescribed by the public utility company serving the Premises for submetered electrical energy, plus (ai) Landlord's charge for overhead and supervision in the amount of four ten percent (410%) of the total electric xxxx and bill xxx (bii) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata prorata share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx ofbill xx, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenantbill Xxxant, monthly, for the cost if of its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or of character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of or rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or of Tenant's business, or otherwise's.

Appears in 1 contract

Samples: Agreement of Lease (Medscape Inc)

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Electricity Service. (i) With respect Landlord shall redistribute ten (10) xxxxx of connected electrical load per rentable square foot of space deemed to the portion of be in the Premises located on the eighth (8th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of all of Tenant's ’s electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. With respect to the portion of the Premises located on the ninth (9th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 100 amperes of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. Landlord's ’s designated agent shall install a submeter to measure Tenant's ’s consumption of electrical energy in the Premises, but excluding Building HVACPremises at Landlord’s sole cost and expense. Tenant shall pay Landlord for any and all costs incurred in connection with the installation of such submeter upon the submission by Landlord of a xxxx for such costs. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at Landlord's cost the then applicable rate prescribed by the public utility company serving the Premises for submetered electrical energy, plus (a) Landlord's ’s charge for overhead and supervision in the amount of four eight percent (48%) of the total electric xxxx and (b) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's ’s receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenant, monthly, for the cost if of its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's ’s requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or of Tenant's ’s business, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Intralinks Inc)

Electricity Service. (i) With respect Landlord shall redistribute six (6) xxxxx of connected electrical load per rentable square foot of space deemed to be in the Premises to the portion of electric panel boxes located in the Premises located on the eighth (8th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. With respect to the portion of the Premises located on the ninth (9th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 100 amperes of electrical load for but excluding the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the PremisesBuilding HVAC. Landlord's designated agent shall shall, at Landlord's cost, install a submeter to measure Tenant's consumption of electrical energy in the Premises, but excluding Building HVAC. Tenant shall pay Landlord for any and all costs incurred in connection with the installation of such submeter upon the submission by Landlord of a xxxx for such costs. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at Landlord's cost the then applicable rate prescribed by the public utility company serving the Premises for submetered electrical energyenergy (utilizing demand factors incurred within the Premises and time of day rates which are applicable), plus (a) Landlord's charge for overhead and supervision in the amount of four seven percent (47%) of the total electric xxxx and (b) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenant, monthly, for the cost if its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or Tenant's business, or otherwise.

Appears in 1 contract

Samples: Agreement (Viatel Inc)

Electricity Service. (i) With respect Landlord shall redistribute up to the portion six (6) xxxxx of connected electrical load per rentable square foot of space deemed to be contained in the Premises located on the eighth (8thbased upon Tenant's demonstrated need therefor) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 325 amperes (during the first year of the Term, however, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 525 amperes) of electrical load for the servicing of all the lighting fixtures and electrical receptacles within the Premises exclusive, however, of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, in or exclusively servicing such portion of the Premises. With respect to the portion of the Premises located on the ninth (9th) floor of the Building, Landlord shall provide to the perimeter of such portion of the Premises, at a location reasonably determined by Landlord, 100 amperes of electrical load for the servicing of all of Tenant's electrical needs within such portion of the Premises, including, without limitation, any air-cooling equipment located in, or exclusively servicing such portion of the Premises. Landlord's designated agent shall install a submeter to measure Tenant's demand and consumption of electrical energy in the Premises shall be measured by one (1) or more submeters installed in the Premises, but excluding Building HVAC. Tenant shall pay Landlord for any and all costs incurred in connection with the installation of such submeter upon the submission by Landlord of a xxxx for such costs. The cost of electricity utilized by Tenant shall be paid for by Tenant to Landlord as additional rent and shall be calculated at Landlord's cost the then rate paid by Landlord to the public utility company serving the Premises for such submetered electrical energy, plus (a) Landlord's charge for overhead and supervision in the amount of four eight percent (48%) of the total electric xxxx and (b) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord's receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be passed on to, included in the xxxx of, and paid by Tenant if and to the extent permitted by law. Landlord shall xxxx Tenant, monthly, for the cost if of its consumption of electricity in the Premises and Tenant shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or character of electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for Tenant's requirements, no such change, unavailability or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon Landlord, or its agents, by reason of inconvenience or annoyance to Tenant, or injury to or interruption or of Tenant's business, or otherwise.

Appears in 1 contract

Samples: Agreement of Lease (Predictive Systems Inc)

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