Common use of Electricity Clause in Contracts

Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 4 contracts

Samples: Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.), Lease Agreement (Blue Apron Holdings, Inc.)

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Electricity. 14.01 Tenant Landlord shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay furnish to the applicable utility all charges Premises electric current to the extent commercially reasonable and required for electricity as normal general office uses. The Building electrical system will be capable of providing an average of at least five (5) xxxxx per square foot of Rentable Area to the Premises for lighting and measured by such meterload. Landlord shall may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office usePremises. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without Without the prior written consent of Landlord in each instanceLandlord, which consent Landlord will not unreasonably withhold, Tenant shall not be unreasonably withheldinstall or operate any machinery, conditioned appliances or delayedequipment in the Premises, which will (i) create a Design Problem, (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period Use of more than five (5) consecutive business days through xxxxx per square foot of Rentable Area for power and lighting within the sole fault Premises per month (other than electric current for Building HVAC) is referred to herein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Building Operating Costs and in addition to Building Operating Costs payments pursuant to Section 5.1) for the cost of electric current (at rates no higher than that charged by the public utility providing similar service based on average annual utility rates) used by Tenant in the Premises which exceeds the Standard Consumption Amount. Landlord so as to prevent Tenant from using at least seventy-five (75%) percent shall install a submeter on each floor or floors of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Premises to determine the actual amount of electric current which Tenant is able utilizing from time to resume time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the use Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of at least seventy-five electricity costs to all tenants in the Building through Operating Costs is, therefore, materially distorted or unfair, then Tenant shall pay directly (75%instead of as part of Building Operating Costs) percent for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five electric current so consumed, on a monthly basis within thirty (75%) of the Demised Premises for more than sixty (6030) days and be due after delivery of an invoice therefor. The Base Building Operating Costs shall include the cost of providing the Standard Consumption Amount to the sole fault Premises and other premises in the Building during the Base Year, but not the cost of Landlord, any excess electric current that may be used by Tenant shall have or other tenants during the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesBase Year.

Appears in 3 contracts

Samples: Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp), Office Lease (New Century Financial Corp)

Electricity. 14.01 Landlord shall furnish electricity to the Premises for lighting and other general office purposes. If Tenant requires electricity elsewhere in the Building or on the Property, then such electricity shall obtain electricity be furnished in all respects at Tenant’s sole cost and expense. Tenant’s use of electrical energy in the Premises, the Building and elsewhere on the Property shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises or Tenant’s electrical energy needs elsewhere in the Building or on the Property (as the case may be). In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the electrical services for the Demised Premises on a direct meter basisBuilding or the Property, Tenant shall be responsible for give notice to Landlord and pay obtain Landlord’s prior written consent whenever Tenant shall connect to the Building’s or the Property’s electrical distribution system any fixtures, appliances or equipment other than lamps, typewriters, personal computers and similar small machines. Any additional feeders or risers to supply Tenant’s electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by Landlord upon Tenant’s request, at the sole cost and expense of Tenant, provided that such additional feeders and risers are permissible under applicable utility laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to the Building or any other portion of the Property or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building or the Property. Tenant agrees that it will not make any alteration or material addition to the electrical equipment in the Premises, the Building or elsewhere on the Property without the prior written consent of Landlord in each instance first obtained. Tenant, at Tenant’s expense, shall purchase, install and replace all charges light bulbs or tubes used in the Premises or used exclusively by the Tenant in the Building or elsewhere on the Property, except that the Landlord shall furnish the light bulbs and tubes and labor for electricity as measured by such meterthe initial installation of light bulbs and tubes in the Premises. Landlord shall not in any way be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either the quantity quantity, character, or character supply of electric service electrical energy is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost any time, at its option and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall upon not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more less than sixty (60) days and be due prior notice to Tenant, may discontinue furnishing electric current to the sole fault Premises or for Tenant’s exclusive use elsewhere in the Building or on the Property; and in either such case Tenant shall contract with the public service company supplying electric current for the purchase by Tenant of electric current directly from such company. In such event, Landlord shall (i) permit its risers, conduits and feeder, to the extent available, suitable and safely capable, to be used to enable Tenant so to purchase electric current, (ii) without cost to Tenant, make such alterations and additions to the electrical equipment and/or appliances in the Building or elsewhere on the Property as may be required for such direct purchase, and (iii) at the Landlord’s expense, shall furnish and install any necessary metering equipment, which Tenant shall thereafter maintain and repair at its expense. In the event the Landlord shall exercise such option, Tenant shall have no longer be required to pay the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesAnnual Electricity Charge.

Appears in 3 contracts

Samples: Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.), Lease Agreement (Allena Pharmaceuticals, Inc.)

Electricity. 14.01 14.01. Landlord agrees to furnish to the Premises and Tenant agrees to purchase from Landlord all electricity consumed, used or to be used in the Premises. The amount to be paid by Tenant for electricity consumed shall obtain be determined by a currently installed meter or meters and related equipment and billed in accordance with the consumption and demand amounts recorded by each meter. Bills for electricity consumed by Tenant, which Tenant hereby agrees to pay, shall be rendered by Landlord to Tenant not more often than monthly and shall be payable as an Additional Charge, within thirty (30) days after rendition of any such xxxx. The amount to be charged to Tenant by Landlord per “KW” and “KWHR” pursuant to this Article for electricity consumed within the Premises, as shown on the meters measuring Tenant’s consumption of electricity, shall be 103.5% of the amount at which Landlord from time to time purchases each KW and KWHR of electricity for the Demised Premises on a direct meter basissame period from the utility company, Tenant which amount shall be responsible determined by dividing the cost established by said utility company (averaged separately for KWs and pay to KWHRs) during each respective billing period by the applicable number of KWs and KWHRs consumed by the Building appearing on the utility all charges company invoice for electricity as measured by such meterperiod. Landlord shall not in If any way be liable tax is imposed on Landlord’s receipt from the sale or responsible resale of electric energy to Tenant for by any loss federal, state or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementsmunicipal authority, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use where permitted by law, Tenant’s pro rata share of such taxes shall be passed on to, and included in the xxxx of, and paid by Tenant to Landlord. Any meters installed to furnish electric current shall never exceed the capacity of the feeders service to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible Premises on a submetered basis, as Additional Rent and herein provided, shall be paid maintained by the Tenant Landlord at Landlord’s expense except to the Landlord within ten (10) days after the rendering extent of any xxxx repairs that are necessary as a result of Tenant’s negligence or statement to the Tenant therefor. Tenant wrongful acts which such repairs shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of be performed by Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the at Tenant’s sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes cost and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesexpense.

Appears in 2 contracts

Samples: Settlement, Discontinuance and Release Agreement (Ambac Financial Group Inc), Lease (Ambac Financial Group Inc)

Electricity. 14.01 Except as hereinafter provided, electricity shall not be furnished by Landlord, but shall be furnished by Commonwealth Edison Company or another electric utility company serving the area selected by Landlord. Landlord shall permit Tenant to receive such service direct from such utility company at Tenant’s cost, and shall permit Landlord’s wire and conduits, to the extent available, suitable and safely capable, to be used for such purposes. Tenant shall obtain electricity make all necessary arrangements with the utility company for the Demised Premises on a direct meter basismetering and paying for electric current furnished by it to Tenant, and Tenant shall be responsible pay for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either electric current consumed on the quantity or character of electric service is changed or is no longer available or suitable for Premises during Tenant’s requirementsoccupancy thereof. Any additional riser Tenant shall make no alterations or risers additions to supply Tenant’s electrical requirements, upon the electric equipment or systems in the Premises or the Building without the prior written request to Tenant, will consent of Landlord in each instance which consent may be installed by Landlord, at the sole cost and expense of Tenant, unless, withheld or conditioned in Landlord’s reasonable judgmentsole and absolute discretion. Tenant also agrees to purchase from Landlord or its agents, as Landlord shall direct, all lamps, bulbs, ballasts and starters used in the same will cause permanent damage or injury to Premises during the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionsTerm. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayedinstalled thereon. Notwithstanding anything to the contrary hereinforegoing, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have reserves the right to terminate this Lease provide electricity to the Premises in whole or in part, and in such event Tenant agrees to purchase such electricity from Landlord, at Landlord’s then current charges. If the Premises are not separately metered for any reason, or are separately metered only in part, then Tenant shall pay Landlord, as additional Rent, in monthly installments at the time prescribed for monthly installments of Monthly Base Rent, amounts determined by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesbased upon Landlord’s then established rates therefor.

Appears in 2 contracts

Samples: Office Lease (Archipelago Holdings L L C), Office Lease (Archipelago Holdings L L C)

Electricity. 14.01 Notwithstanding anything to the contrary contained in this Lease, the costs of all electricity utilized in the Premises (including, but not limited to, all electricity utilized by lighting, air handling units, VAV boxes and any Additional HVAC Equipment (as defined in Section 9.E. hereof) serving the Premises, but excluding electricity for central plant equipment that serves the Building’s central heating and air conditioning systems, including, for example, the Building’s chiller and cooling tower, which costs shall be included in Operating Expenses) shall be submetered by Landlord, and Tenant shall obtain electricity pay to Landlord the full amount of the costs of such electrical consumption from time to time within thirty (30) days following receipt of a xxxx from Landlord for such costs; provided, however, that in the Demised event that at any time a portion of the Premises is located on a direct meter basisfloor in the Building that is less than a full floor leased by Tenant, Tenant shall be responsible for pay its pro rata share of the cost of electricity used by items such as lighting, air handling units and pay VAV boxes on such floor, based on the ratio of the rentable square footage of the portion of the Premises located on such floor to the applicable utility all charges for electricity as measured total rentable square footage on such floor. All submeter(s) necessary to measure electrical consumption on full floors being leased by such meter. Landlord Tenant have been or shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the Landlord’s sole cost and expense expense; however, in the event Tenant desires to install a submeter to measure electricity consumption within any portion of the Premises located on a floor in the Building that is less than a full floor leased by Tenant, unlessthen in lieu of Tenant paying its pro rata share of the cost of electricity as described in the immediately preceding sentence, in Landlordsuch submeter shall be installed at Tenant’s reasonable judgmentexpense, and thereafter Tenant shall pay for the same will cause permanent damage or injury to actual consumption of electricity within such portion of the Building or Premises consisting of less than a full floor (rather than a pro rata share of the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other electricity consumed by all tenants or occupantson such floor). In addition to the installation The maintenance, repair and replacement of such riser or riserssubmeter(s) shall be Tenant’s sole responsibility, Landlord will also at the Tenant’s sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesexpense.

Appears in 2 contracts

Samples: Evolent Health, Inc., Evolent Health, Inc.

Electricity. 14.01 The cost of electricity supplied to the Premises shall be separately submetered by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. Tenant shall obtain pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the Demised Premises on a direct meter basissame. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant shall may, at its own expense, elect to make additional electricity arrangements for electricity to be responsible for provided to the Premises and/or Supplemental Areas (and pay to Supplemental Equipment) directly with the applicable utility all charges (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for electricity as measured by such meter. Landlord purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall not in any way be liable or responsible subject to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for and conditioned upon Tenant’s requirementscompliance with the TCC’s of Article 6.9 and the Special Use Conditions). Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at no cost to Landlord (or Master Landlord under the sole cost Master Lease), shall cooperate (and expense of Tenant, unless, cause Master Landlord to cooperate) with Tenant and Provider reasonably and in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary good faith in connection therewith subject to the aforesaid terms and conditionsthis regard. Tenant covenants and agrees that at to pay all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient bills from Provider for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric such direct electrical service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dateswhen due.

Appears in 2 contracts

Samples: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)

Electricity. 14.01 If the Owner furnishes electricity to the Tenant based on the method of including the use thereof within the rent, then and in that event, the Tenant agrees to have the rent reserved herein increased to compensate the Owner for supplying the current as an additional service as hereinafter provided. The Owner will furnish electricity to the Tenant through presently installed electricity facilities for Tenant’s reasonable use of such lighting, electrical appliances and equipment as the Owner may permit to be installed in the premises. The Tenant agrees that an electrical consultant, selected by the Owner, may make a survey of the electrical, lighting and power used to determine the average monthly electric current usage (KWH) and demand (KW) in the Demised Premises. The findings of the consultant as to the proper rent increase based on such average monthly electric usage and demand shall be conclusive and binding upon the parties (unless Tenant shall obtain electricity for notify Owner that Tenant disputes the Demised Premises same within 15 days after Owner notifies Tenant of any increase based on a direct meter basis, said survey) and the Tenant shall pay the same additional rent, monthly on the first day of each month from the commencement of the demised term. If the Owner’s electric rates and/or charges be responsible for and pay increased then the aforesaid additional rent shall be increased in the same percentage but in no event below the amount set forth below. Tenant shall make no alterations or additions to the applicable utility all charges for electricity as measured by such meterelectric equipment, and/or appliances without first obtaining written consent from the Owner in each instance. Landlord This provision is to prevent the Tenant from possible overloading of the Building’s electrical distribution facilities. The Owner, his Agent, or consultant, is given the right to make surveys from time to time in the Tenant’s premises covering the electrical equipment and fixtures and use of current. Owner shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity quality or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing leaders to the Building, or the risers or wiring installation. Owner shall install at Tenant’s expense any riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at of the sole cost and expense of Tenant, unlessTenant if, in LandlordOwner’s reasonable sole judgment, the same are necessary and will cause permanent damage or injury to the Building or the Demised Premises or not cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants Tenants or occupants. In addition to the installation of such riser or risersrisers Owner will also, Landlord will also at the sole cost and expense of the Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have The Owner reserves the right to terminate this Lease by giving the furnishing of electricity at any time, upon thirty (30) days written notice to Landlord no later than the seventieth Tenant, in which event, the Tenant may make application directly to the utility company servicing the Building for the Tenant’s entire separate supply. Such electric energy may be furnished to Tenant by means of the then existing Building system feeders, risers and wiring to the extent that the same are available, suitable and safe for such purposes. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall be installed by Owner at Tenant’s expense. The Owner, upon the expiration of the aforesaid thirty (70th30) consecutive days written notice to the Tenant may discontinue furnishing the electric current, in which latter event, the Tenant’s liability for additional rent provided for in this Article shall terminate as of date of discontinuance of the supplying of electric current but this Lease shall otherwise remain in full force and effect. Tenant agrees that unless and until electric rates or charges are increased or survey is made as above provided the annual rental rate on page 1 shall be increased by the amount of $1,667.75 per month payable on the first day of each and vacating no later than every month, and, for and in consideration of such increase in the ninetieth rental, the Owner is to supply the Tenant with free electricity. Tenant shall pay Owner Tenant’s proportionate share of the cost of Building electric current used in common areas of the Building (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesi.e., all electricity used in lighting the public and service areas, and in operating all the service facilities of the Building).

Appears in 2 contracts

Samples: Standard Office Lease (Liquid Holdings Group LLC), Standard Office Lease (Liquid Holdings Group LLC)

Electricity. 14.01 Tenant (a) (i) As of the Commencement Date, Landlord shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay furnish electrical service to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at quality and capacity in order to provide the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make Premises with no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more fewer than five (5) consecutive business days through xxxxx per rentable square foot. Tenant shall pay to Landlord, as Additional Rent, electric charges (the sole fault “Electrical Inclusion Amount”) on account of Landlord so as to prevent Tenant from using at least seventy-Tenant’s consumption of electrical energy in the Premises the sum of $101,355.00 per annum payable in equal monthly installments of $8,446.25. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of five (75%5) percent xxxxx per rentable square foot of the Demised PremisesPremises and that Tenant will, Fixed Rent except for the purpose of office cleaning, use electrical energy only from 8:00 A.M. to 6 P.M., Monday through Friday, and 8 A.M. to 12 P.M. on Saturdays (“Normal Business Hours”). Accordingly, if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall xxxxx until from time to time be equitably adjusted to reflect the resulting increase in such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premisesuse. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordIn addition, Tenant Landlord shall have the right to terminate this Lease conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $2.50 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by giving written notice an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase greater than 2.5% of the Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of such adjustment, which agreement shall be reasonably acceptable to Tenant. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord no later than the seventieth (70thamount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesof Additional Rent.

Appears in 2 contracts

Samples: Lease (Surgiquest Inc), Lease (Surgiquest Inc)

Electricity. 14.01 1. Tenant shall obtain pay for all electricity consumed in Tenant's space. If not metered separately, Landlord shall reasonably estimate the cost of such electrical usage for the Demised Premises Tenant's lights and plugs, and Tenant shall reimburse Landlord for such costs on a direct meter monthly basis. If Tenant's use of electrical energy in Tenant's Space is disproportionate to other tenants' use of electrical energy, Tenant shall also pay for all excess electricity consumed in Tenant's space as estimated by Landlord. If Tenant is billed in any manner for tenant electricity other than as Estimated Cost of Tenant Electrical Service to Tenant's space (included in Fixed Rent) as set forth in Paragraph 1.1 hereof, the Fixed Rent shall be responsible for and pay adjusted by deducting the portion thereof representing the cost of electrical service to the applicable utility all charges for electricity as measured by such meterTenant's Space. Landlord Tenant's use of electrical energy in Tenant's space shall not in at any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never time exceed the capacity of any of the feeders electrical conductors or equipment in or otherwise serving Tenant's space. To ensure that such capacity is not exceeded and to avert possible adverse effects upon the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Building's electrical system, Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the prior written consent of notice to Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything connect to the contrary hereinBuilding electric distribution system any fixtures, should appliances or equipment which operates on a voltage in excess of 120 or 208 volts nominal or make any alteration or addition to the electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent system of the Demised Premises, Fixed Rent Tenant's space. Unless Landlord shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due reasonably object to the sole fault connection of any such fixtures, appliances or equipment, all additional risers or other equipment required therefore shall be provided by Landlord and the cost thereto shall be paid by Tenant upon Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day's demand. TIME BEING OF THE ESSENCE for Tenant as to both dates.34 EXHIBIT "E" RULES AND REGULATIONS

Appears in 2 contracts

Samples: Attornment Agreement (Aspect Medical Systems Inc), Attornment Agreement (Aspect Medical Systems Inc)

Electricity. 14.01 Tenant shall obtain electricity for (a)Commencing on the Demised Premises on a direct meter basisCommencement Date, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by for the Tenant electricity being furnished to the Landlord within ten Premises during the Lease Term (10including any Extended Term), an amount (the “Electricity Additional Rent”) days after the rendering of any xxxx or statement equal to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five one hundred three percent (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75103%) of the Demised Premises amount Landlord actually pays to the utility company and/or other third parties to provide and administer electricity to the Premises, including, without limitation, all applicable surcharges, demand charges, time of day charges, energy charges, fuel ​ adjustment charges, rate adjustment charges, taxes and other amounts payable in respect thereof, based on Tenant’s demand and/or consumption of electricity (and/or any other commercially reasonable method of quantifying Tenant’s use of or demand for electricity as set forth in the utility company’s tariff) as registered on a meter or submeter for purposes of measuring such demand, consumption or other method of quantifying Tenant’s use of or demand for electricity (it being agreed that such meter or submeter shall measure demand and consumption, and off peak and on peak use, in either case to the extent such factors are relevant in making the determination of Landlord’s cost of electricity consumption for the Premises). If not presently installed, Landlord shall install the aforesaid meter or submeter on or before the Commencement Date, as part of Landlord’s Base Building Work, at Landlord’s cost and expense. Tenant shall maintain such meter or submeter in good working order at it sole cost and expense. Landlord shall render bills (together with, upon Xxxxxx’s request, the underlying submeter readings) for the Electricity Additional Rent at such time as Landlord may elect (but in no event less frequently than quarterly and no more than sixty monthly), and Tenant shall pay the amount shown thereon to Landlord within twenty-five (6025) days and be due after Landlord gives such bill to Tenant. Notwithstanding the sole fault foregoing, for any period in which the metering or submetering equipment servicing the Premises is inoperative or otherwise inaccurate in terms of Landlordmeasuring such electricity consumption, Tenant shall have pay Landlord, during such period, a monthly electricity charge reasonably reflecting such electricity consumption, based upon historical usage or a reputable engineer’s reasonable estimate, if applicable, with any change(s) in usage or rate taken into account. Landlord shall provide electricity to the right fifth (5th) floor distribution panels serving the Premises equal to terminate this Lease six (6) xxxxx per rentable square foot demand load, exclusive of the electricity required to operate the Building’s HVAC system (the “Electrical Capacity”). Landlord shall provide electricity from the applicable utility company or provider for operating the Building Systems serving the Building and for lighting the Garage, the Building Common Areas and the Complex Common Areas and the costs of electricity to such systems and common areas shall be included in the Cost of Operation and Maintenance or Complex Operating Expenses, as applicable, or otherwise paid for by giving written notice to Landlord no later than the seventieth Tenant (70thor other tenants) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesAdditional Rent.

Appears in 1 contract

Samples: Agreement of Lease (Cara Therapeutics, Inc.)

Electricity. 14.01 Section 13.1 Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity for to the Demised Building. The risers servicing the Premises on shall be capable of furnishing six (6) xxxxx demand load of electricity per usable square foot of the Premises (exclusive of the electricity required to furnish the Building HVAC to the Premises). Tenant’s use and consumption of electricity shall not exceed a direct meter basisdemand load of six (6) xxxxx per usable square foot of the Premises. Tenant shall not use any electrical equipment which, in Landlord’s sole reasonable judgment, would exceed such capacity of the risers serving the Premises or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord’s sole reasonable judgment, Tenant’s electrical requirements exceed such capacity, Landlord shall so notify Tenant of same, and Tenant shall immediately cease such usage, subject to the provisions of this Section 13.1. Within five (5) days after receipt of such notice, Tenant shall notify Landlord that it shall permanently cease such usage or shall request that additional electrical capacity (specifying the amount requested) be responsible for made available to Tenant. Landlord, in Landlord’s sole judgment, shall determine whether to make available such additional electrical capacity to Tenant and pay the amount, if any, to be made available. If Landlord shall agree to make available such additional electrical capacity and the same necessitate installation of an additional riser, risers or other proper and necessary equipment, the same shall be installed by Landlord, within the limits of the switchgear; provided, however, that Landlord, in Landlord’s sole reasonable judgment (taking into consideration the potential needs of present and future tenants of the Building and of the Building itself), determines that such installation is practicable. Any such installation shall be made by Landlord and Landlord’s reasonable out-of-pocket expense shall be chargeable to Tenant and collectible as additional rent and paid within twenty (20) days after the rendition of a xxxx to Tenant therefor. Prior to the applicable utility all charges performance of such installation Landlord shall submit to Tenant a good faith estimate of the out-of-pocket cost of same as performed by an unrelated third party. Within ten (10) Business Days after receipt of said estimate, Tenant may notify Landlord whether it desires for electricity as measured by Landlord to proceed with such meterinstallation. If Tenant shall notify Landlord that it desires for Landlord not to proceed or if Tenant fails to notify Landlord within such ten (10) Business Day period, Landlord shall not perform such installation and shall not be required to make available to the Premises the additional electrical capacity. If Tenant shall fail to notify Landlord in a timely fashion or shall elect to have Landlord proceed with said installation, Landlord shall perform said installation, at Tenant’s expense, and shall not be liable or obligated to Tenant if the out-of-pocket cost of such installation exceeds the estimate. If Landlord, in Landlord’s sole judgment, shall determine not to make available such additional electrical capacity, Tenant shall have no further right to such additional capacity. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed furnished to the Premises by reason of any requirement, act or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at omission of the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to utility serving the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb for any other tenants or occupants. In addition reason not attributable to the installation of such riser gross negligence or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent willful malfeasance of Landlord in each instanceor Landlord’s employees, which consent shall not be unreasonably withheldagents, conditioned contractors or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes designees whether electricity is provided by public or private utility or by any electricity generation system owned and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of operated by Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 1 contract

Samples: Agreement of Lease (Kbw, Inc.)

Electricity. 14.01 Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall make or cause to be made, customary arrangements with utility companies and/or other suppliers of electricity to furnish electric current to the Premises for Tenant’s use in accordance with the standards to which the Base Building Systems have been designed (i.e., eight (8) xxxxx per square foot of the Premises, exclusive of base-Building HVAC). The Premises is currently served by 3.5 xxxxx per square of the Premises, exclusive of base-Building HVAC (the “Electrical Standard”). Tenant, as part of the Tenant Improvements, shall obtain be entitled to modify the electrical capacity in order to enable Tenant to utilize an additional 4.5 xxxxx per square foot of the Premises, exclusive of base-Building HVAC for a total of 8 xxxxx per square foot of the Premises, exclusive of base-Building HVAC. If Landlord reasonably determines by the use of an electrical consumption survey or by other reasonable means that Tenant is using electric current (including overhead fluorescent fixtures) in excess of the Electrical Standard (exclusive of electricity for the Demised Premises on a direct meter basisBuilding HVAC System) (“Excess Electrical Usage”), Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. then Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease charge Tenant an amount equal to Landlord’s reasonable estimate of Tenant’s Excess Electrical Usage, and shall have the further right to install a separate electric current meter, submeter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. In the event that Excess Electrical Usage is determined to exist, the cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by giving written notice Tenant. Tenant shall pay to Landlord, from time to time, but no more frequently than monthly, for its Excess Electrical Usage at the Premises. The rate to be paid by Tenant for Metered electricity shall include any taxes or other third-party charges in connection therewith. In addition, if Tenant installs a trading floor and/or a computer data room in the Premises or non-standard office equipment in the Premises (i.e., equipment that uses more electric current than standard office equipment), Landlord shall have the right to install a Meter for such portion of the Premises and/or such non-standard office equipment upon the terms set forth above. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. If such portion of the Premises uses electric current in excess of the Electrical Standard, Tenant shall pay Landlord, from time to time, but no later more frequently than monthly, for such excess usage. Tenant shall pay Landlord, from time to time, but no more frequently than monthly, for the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dateselectrical usage of all such Metered non-standard office equipment.

Appears in 1 contract

Samples: Deed of Lease (FBR & Co.)

Electricity. 14.01 Tenant Landlord shall obtain provide electricity for to the Demised Premises on a direct meter basis, check metering basis and Tenant shall be responsible for and pay to the applicable utility Landlord all charges therefor at Landlord's cost therefor plus a reasonable administrative charge not in excess of 5% or, if Landlord retains a third party to administer the providing and payment of Tenant's electricity (which Landlord presently retains), an amount equal to the reasonable out of pocket cost for electricity as measured by such meterservice. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if if, through no fault of Landlord, either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser or risers to supply Tenant’s 's electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessif, in Landlord’s reasonable 's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office useinstallation. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent additional rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or bill xx statement to the Tenant therefor. Landlord may discontinue any of the aforesaid electrical services upon thirty (30) days notice to Tenant (provided Landlord also discontinues electrical service to all similarly situated tenants in the Building) without being liable to Tenant therefor or without in any way affecting this lease or the liability of the Tenant hereunder or causing a diminution of fixed or additional rent and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule or regulation now or hereafter enacted, promulgated or issued provided that an alternate source of electricity is available to Tenant and Tenant obtains same. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 1 contract

Samples: Novadigm Inc

Electricity. 14.01 14.01. Tenant agrees to be responsible for the cost of, and to purchase from Landlord, all electricity consumed, used or to be used at the Building including, without 81 limitation: (i) for Tenant's use in the Premises, (ii) for Landlord's use in the operation, repair and maintenance of the Building and the delivery of the services required to be provided by Landlord under the terms and conditions of this Lease and (iii) by any Antennas (as such term is defined in Article 33 hereof), Signs (as such term is defined in Article 42 hereof) or other equipment located outside of the Premises but used by Tenant in connection with this Lease. Accordingly, the cost of any electricity consumed, used or to be used by Landlord in the operation, repair and maintenance of the Building and the delivery of the services required to be provided by Landlord under the terms and conditions of this Lease shall not be included in the Operating Payment pursuant to the provisions of Article 3 hereof. The amount to be paid by Tenant to Landlord for electricity shall be the same amount paid by Landlord for such electricity to the public utility or other provider of electricity, without profit or markup of any kind; provided, however, that Tenant shall obtain pay to Landlord the amount of any sales tax that Landlord may, from time to time, be required to collect from Tenant in connection with the resale of such electricity for the Demised Premises on a direct meter basis, to Tenant. Tenant shall be responsible for and pay entitled to the applicable utility all charges full amount of any discounts or rate reductions that the Building may be entitled to from time to time, including, without limitation, the discounted rate available under Consolidated Edison's Business Incentive Rate, but Landlord makes no representations or warranties as to whether any such discounts or rate reductions are or will be available or, if available, as to the amount thereof. Bills for electricity as measured shall be rendered by Landlord to Tenant with the same frequency that such bills are rendered to Landlord by such meter. Landlord public utility or other provider of electricity, shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either accompanied by copies of the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation corresponding bills of such riser public utility or risersother provider of electricity, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord payable as an Additional Charge, within ten twenty (1020) days after the rendering rendition of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesxxxx.

Appears in 1 contract

Samples: Lease (Corporate Property Associates 15 Inc)

Electricity. 14.01 (a) Tenant shall obtain electricity pay to Landlord as Additional Rental the sum of $49,000.00 per annum payable in equal monthly installments of $4,083.33 per month (the "Electrical Inclusion Amount") on account of Tenant's consumption of electrical energy in the Demised Premises. The Electric Inclusion Amount is based upon Landlord's assumption that Tenant's initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of, six xxxxx per rentable square foot of the Demised Premises on a direct meter basisand that Tenant will, except for the purpose of office cleaning, use electrical energy only during normal weekday operating hours of the Building. Accordingly, if Tenant's initial electrical installation exceeds such criteria, or if from time to time Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its makes material use of electric current shall never exceed the capacity electricity during hours other than normal weekday operating hours of the feeders Building, or if from time to time Tenant after completion of its initial installation adds or changes any machinery, appliances or equipment which increases the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord aggregate electrical load in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed the Electric Inclusion Amount and the Additional Rent shall xxxxx until from time to time be equitably adjusted to reflect the resulting increase in such service resumes use. In addition, Landlord shall have the right to conduct a periodic survey of Tenant's actual electrical usage and Tenant is able to resume increase the use Electric Inclusion Amount if the survey indicates the Tenant's usage of at least seventy-five (75%) percent electricity exceeds the cost of $1.75 per rentable square feet of the Demised Premises. Should Landlord shall furnish a statement of Landlord's determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such service interruption prevent adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant from using at least seventy-five (75%) cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Demised Premises and Tenant's electrical facilities for more than sixty the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant's use does not justify an increase in Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of the increase of such usage as determined by such electrical consultant and shall be made retroactively if necessary. Any adjustment shall be effective even if such supplementary agreement (60in form reasonably approved by Tenant) days is not executed and be due to delivered. Pending the sole fault determination of Landlordthe adjustment, Tenant shall have the right to terminate this Lease by giving written notice pay to Landlord no later than the seventieth (70thamount of such adjustment as specified in Landlord's statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesof Additional Rent.

Appears in 1 contract

Samples: Matrixone Inc

Electricity. 14.01 Tenant Electricity is currently furnished to the Subleased Premises by Landlord subject to and in accordance with Article 7 of the Lease, and such electricity is metered pursuant to one or more submeters located in, and exclusively measuring the consumption of electricity in, the Subleased Premises. Subtenant shall obtain pay for electricity in accordance with Article 7 of the Lease as incorporated hereby. Sublandlord will not remove any such submeters except to the extent required by Landlord or by Legal Requirements. To the extent that the Subleased Premises are not separately metered from the remainder of the Lease Premises, Subtenant shall pay to Sublandlord Subtenant's Proportionate Share of the charges for the Demised Premises on a direct meter basissuch service (without markup by Sublandlord). For these purposes, Tenant Subtenant's Proportionate Share shall be responsible based on the rentable square footage of the relative premises, unless a more accurate measurement of the differences in utility usage between the Subleased Premises and the remainder of the Lease Premises is available, provided that in the latter case the calculation is based on objective criteria and consistent for both the numerator and the denominator of the fraction comprising the Subtenant's Proportionate Share. Subtenant shall pay such utility charges to Sublandlord when and as the underlying obligations with respect thereto are payable by Sublandlord under the Lease (or, if paid in the first instance by Sublandlord and billed to Subtenant, then reimbursed to Sublandlord within thirty (30) days thereafter). Sublandlord shall not physically interfere with Landlord’s provision of electricity to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible Subleased Premises pursuant to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity Article 7 of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances Lease without the Subtenant’s prior written consent of Landlord in each instanceconsent, which consent shall not to be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of Subtenant shall not utilize more than five (5) consecutive business days through the sole fault 6 xxxxx of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent actual demand load per gross square foot of the Demised PremisesSubleased Premises (exclusive of electric required to operate the Base Systems (as defined in the Lease)), Fixed Rent and shall xxxxx until have no right to increase its usage beyond such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%amount under Section 7.01(A) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesor otherwise.

Appears in 1 contract

Samples: Agreement of Sublease (Datadog, Inc.)

Electricity. 14.01 During the course of this Lease, from time to time, however not more than once per year, Tenant's consumption of electricity shall be computed by an independent electrical engineer or consultant retained by Landlord, after surveying Tenant's electrical equipment (including lights) and the use thereof. Until such time as such survey is performed, if at all, or until Tenant shall obtain decides to purchase electricity for directly from the Demised Premises on a direct meter basisutility company, if at all, Tenant shall pay Landlord, beginning on the Commencement Date, for the electricity consumed in the Premises at the rate described in the preamble. Upon completion of the survey, Landlord and Tenant shall promptly and retroactively adjust this amount, depending upon the results of such survey. In the event that the electric rates charged to Landlord are increased, the Electricity Charge shall be responsible for and pay to increased as determined by the applicable public utility all charges for electricity rate schedule in effect after such increase, as measured by such meterapplied to Tenant's consumption as set forth herein. Tenant shall immediately notify Landlord of any additional equipment placed within the Premises, or change in use, which would in any manner increase Tenant's use of electricity. Landlord shall not in any way be liable or responsible then conduct a new survey, at Tenant's expense, to Tenant for any loss or damage or expense which Tenant may sustain or incur if either ascertain the quantity or character amount of electric service is changed or is no longer available or suitable for Tenant’s requirementsthe increased usage. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will solely at its own expense, may arrange for a second survey of its electric usage. In the event that Owner and Tenant do not agree on the results of said second survey, the matter shall be installed submitted to an independent electrical engineer or consultant chosen by the engineers who conducted the initial survey (arranged by Landlord) and the second survey (arranged by Tenant), at the sole whose determination shall be final. The cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, third survey shall be shared equally by Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric electrical current shall never not exceed the capacity of the existing feeders to the Building building or the risers risers, conduits, or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted installed in the building, and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations not use any electrical equipment which, in Landlord's opinion reasonably exercised, will overload such installations or additions to interfere with the electric equipment and/or appliances without use thereof by other tenants of the prior written consent of building. Landlord in each instance, which consent shall not be unreasonably withheld, conditioned liable in any way to Tenant for any failure or delayed. Notwithstanding anything defect in the supply or character of electric service furnished to the contrary hereinPremises by reason of any requirement, should act or omission of the utility company servicing the building or for any other reason, unless such failure in electric service is caused by the negligent or intentional act or omission of Owner or any of its employees agents, servants or contractors. Electrical energy consumed by Tenant in the Premises may be interrupted for a period of more than five (5) consecutive business days through separately metered and purchased by Tenant directly from the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due utility company supplying electricity to the sole fault building, at Tenant's option and cost, subject to Landlord's consent regarding the performance of Landlord, Tenant shall have the right any improvements required to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dateseffectuate such separate metering.

Appears in 1 contract

Samples: North American Integrated Marketing Inc

Electricity. 14.01 Tenant shall obtain pay, directly to the appropriate utility provider, any and all costs of electricity for utilized in the Demised Premises on a direct meter basisand in support of any of Tenant’s equipment, Tenant wherever located. In the event that the Premises are not separately metered, (a) Tenant’s use of electricity in the Premises shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable a checkmeter or responsible to Tenant for any loss a submeter serving the Premises, or damage or expense which (b) Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for arrange, at Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense expense, with the utility company providing electricity to the Building to install a separate meter serving the Premises, provided that the installation of Tenantsuch separate meter shall not, unlessat any time, in Landlord’s reasonable judgment, interfere with the same will cause permanent damage or injury provision of electricity to the Building or with Landlord’s ability to contract with a utility company of its choosing, and provided further than Tenant shall, at Landlord’s request, provide Landlord with copies of Tenant’s correspondence with such electric company, and any work performed by the Demised Premises or cause or create a dangerous or hazardous condition or interfere electric company in connection with or disturb other tenants or occupants. In addition to the installation of such riser separate meter shall be approved by Landlord (such approval not to be unreasonably withheld) prior to commencement thereof. The Tenant shall pay to Landlord, as Additional Rent, the amount determined by applying the electric rate at which Landlord purchases electricity (including taxes and surcharges thereon) to Tenant’s consumption of and demand for electricity as recorded on the checkmeter measuring Tenant’s utilization of electricity or risersbased on such proportionate usage by Tenant (the “Electric Charge”). Landlord shall cause Tenant’s checkmeter to be read at regular intervals. Upon receipt by Landlord of an invoice from the utility company supplying electricity to the Building, Landlord will also at shall xxxx Tenant in accordance with the sole cost foregoing. At Landlord’s option, and expense if applicable, Tenant shall pay the Electric Charge in twelve (12) equal monthly installments on the first day of Tenanteach month, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity based upon Landlord’s reasonable estimate of the feeders to Electric Charge, or otherwise as Landlord elects. After the Building or end of each calendar year, Landlord shall furnish Tenant a written statement of the risers or wiring installation which actual Electric Charge. If Tenant has underpaid, Tenant shall pay the amount shown on said statement and if Tenant has overpaid, Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by shall credit the Tenant that all difference against the aforesaid costs and expenses are chargeable and collectible as next installment of Additional Rent and shall be paid by due hereunder or pay the Tenant difference to Tenant. If Landlord makes the Landlord election provided in this paragraph, within ten ninety (1090) days after the rendering beginning of any xxxx or statement each new calendar year during the Term, Landlord may deliver to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord a revised estimate, in each instancewriting, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised PremisesElectric Charge. If Landlord makes the election provided in this paragraph, Fixed Rent shall xxxxx for each new calendar year, until such service resumes and time as Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordreceives an updated or revised estimate, Tenant shall have continue to pay the right to terminate this Lease by giving written notice to Landlord no later than Electric Charge based on the seventieth (70th) consecutive day and vacating no later than estimated rate for the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesprevious year.

Appears in 1 contract

Samples: Lease (Acme Packet Inc)

Electricity. 14.01 Tenant Sublessee agrees that an independent electrical engineering consultant shall obtain electricity for make survey of the Demised electric power demand of the electric lighting fixtures and the electric equipment of Sublessee used in the Subleased Premises on a direct meter basisto determine the average monthly electric consumption thereof. Once the consultant has submitted its report, Tenant Sublessee shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementsSublessor, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after thereafter, the rendering amount determined by said consultant as owing from the Commencement Date of this Sublease to the then current month, and thereafter, on the first day of every month, in advance, the Sublessee shall pay the amount set forth as the monthly consumption in said report. Proportionate sums shall be payable for periods of less than a full month if the Commencement Date commences on any day other than the first of the month. Notwithstanding the above, should Sublessee dispute the determination made by Sublessor's independent electrical engineering consultant, then the Sublessee shall be free to, at the Sublessee's sole cost and expense, employ the services of a qualified independent electrical engineering consultant who shall conduct a survey of Sublessee's electric lighting fixtures and electrical equipment to determine the average monthly electric consumption utilized by Sublessee. If the Sublessor's consultant and the Sublessee's consultant cannot agree on the Sublessee's average monthly electric consumption, a mutually agreeable electrical engineering consultant shall be selected by Sublessor and Sublessee within thirty (30) days thereafter, or, if they cannot- so agree on an independent electrical engineering consultant acceptable to both whose decision shall be final and binding, then either party may request the American Arbitration Association in Somerset, New Jersey to appoint such independent electrical engineering consultant whose decision shall be final and binding upon the parties. The parties shall share equally in the cost of any xxxx such consultant. In the event that there shall he an increase or statement to decrease in the Tenant therefor. Tenant shall make no alterations rate schedule (including surcharges or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%demand adjustments) of the Demised Premises public utility for more than sixty (60) days and be due the supply of electricity to the sole fault Subleased Premises, or the imposition of Landlordany tax with respect to such service or increase in any such tax following the Commencement Date of this Sublease, Tenant the rate shall have be adjusted equitably to reflect the right increase or decrease in rate or imposition or increase in the aforesaid tax. All computations shall be made on the basis of Sublessee's surveyed usage as if a meter measuring such usage to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesSubleased Premises exclusively was in place.

Appears in 1 contract

Samples: Boron Lepore & Associates Inc

Electricity. 14.01 Tenant covenants and agrees to pay as Additional Rent the cost of electricity used in or for the Premises (including, without limitation, air handling units or other HVAC equipment serving the Premises), for Supplemental Equipment, and, if applicable, for any special equipment installed by or for Tenant elsewhere in the Building, which shall be submetered and billed to Tenant monthly. Landlord may, at any time, at its sole election, discontinue the furnishing of electric current upon not less than three months’ notice (or such longer time as may be required to make arrangements with the electric utility for direct service provided Tenant exercises diligent efforts to complete said arrangements as soon as possible), whereupon Tenant’s obligation to pay Additional Rent under this Section shall cease. In electing to discontinue furnishing electric current, Landlord shall not discriminate between Tenant and other tenants of the Building similarly situated with respect to the reason for discontinuance of electric service. If Landlord elects to discontinue electric service, Tenant shall obtain electricity for contract directly with the Demised utility company supplying electric current and Landlord shall, at its expense, bear all costs associated with converting the Premises on a direct meter basisto utility company service and shall furnish and install, in the Premises or other location, necessary transmission lines and metering equipment used in connection with measuring Tenant’s consumption of electric current. Tenant shall be responsible for maintenance and pay to repair of such transmission and metering equipment during the applicable utility all charges for electricity as measured by such meterbalance of the Term. Tenant covenants and agrees that Landlord shall not in any way no event be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either the quantity quality or character of electric electrical service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the risers or wiring or installation which of the Building. Subject to Landlord’s reasonable rules and regulations governing the same, Tenant shall obtain and pay, as and when due, for all other utilities and services consumed in and/or furnished to the Premises, together with all taxes, penalties, surcharges and maintenance charges pertaining thereto. In the event any governmental entity promulgates or revises any Legal Requirements after the Term Commencement Date, or issues mandatory controls after the Term Commencement Date relating to the use or conservation of energy, water, gas, light or electricity, or the provision of any other utility or service furnished by Landlord represents is sufficient for ordinary office usein the Building, Landlord may take any appropriate action to comply with such provision of Legal Requirements or mandatory controls, including the making of alterations to the Building, subject, however, to the terms and conditions of this Lease. It is further covenanted Neither Landlord’s actions nor its failure to act shall entitle Tenant to any damages, xxxxx or suspend Tenant’s obligation to pay Annual Fixed Rent and agreed Additional Rent or constitute or be construed as a constructive or other eviction of Tenant except as otherwise specifically set forth herein. The parties hereto shall comply with all mandatory energy conservation controls and requirements applicable to the Building that are imposed or instituted by the Tenant federal, state, county or municipal governments after the Term Commencement Date and are of general applicability to the occupants of the Building, including, without limitation, controls on the permitted range of temperature settings in office/retail buildings, and requirements necessitating curtailment of the volume of energy consumption or the Hours of Operation of the Building. Any terms or conditions of this Lease that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and conflict or interfere with compliance with such controls or requirements shall be paid by suspended for the Tenant to the Landlord within ten (10) days after the rendering duration of any xxxx such controls or statement to the Tenant thereforrequirements. Tenant shall make no alterations Compliance with such controls or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent requirements shall not be unreasonably withheldconsidered an eviction, conditioned actual or delayed. Notwithstanding anything to the contrary hereinconstructive, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent Premises and shall xxxxx until such service resumes and not entitle Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice or to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesan abatement of any rent payable hereunder.

Appears in 1 contract

Samples: Pegasystems Inc

Electricity. 14.01 Tenant Sublandlord hereby represents that Main Landlord is obligated under the Main Lease to furnish to the Subleased Premises alternating electric current in an amount equal to six (6) xxxxx actual demand load per gross square foot (based on the floor of the Subleased Premises containing 26,000 gross square feet). Subtenant shall obtain pay for all electricity consumed at the Subleased Premises, which shall be measured by submeters. In accordance with the Main Lease, Main Landlord shall install such submeters and maintain same in good working order and repair. Subtenant shall pay Sublandlord within ten (10) days after Subtenant’s receipt of an invoice for the Demised electricity consumed at the Subleased Premises, as shown on such submeter. Subtenant shall comply with all other obligations with respect to electricity set forth in Article 7 of the Main Lease, as described in Exhibit 7 attached hereto. Main Landlord and its agents shall, upon prior reasonable notice (except in the event of an emergency), be permitted access to the electric closets and the meters during normal Business Hours to maintain and repair the same and make necessary readings thereof. Subtenant’s use of electrical energy shall never exceed the electrical capacity of the then existing feeders to the Building or the then existing risers or wiring installation serving the Subleased Premises on a direct meter basiswithout Main Landlord’s and Sublandlord’s prior written approval. Main Landlord, Tenant its agents and engineers and consultants may survey Subtenant’s electrical consumption from time to time during Business Hours upon reasonable prior notice (except during an emergency, in which event no prior notice shall be required), at Main Landlord’s expense, to determine whether Subtenant is complying with its obligations under this Section unless such survey shows that Subtenant has exceeded its permitted Electrical Capacity hereunder, in which event Subtenant shall be responsible for all reasonable out-of-pocket costs and pay expenses incurred by Main Landlord in connection therewith. Except as otherwise provided in Section 2(b) of this Sublease, neither Main Landlord nor Sublandlord shall have any liability to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant Subtenant for any loss or loss, damage or expense which Tenant Subtenant may sustain or incur by reason of any change, failure, inadequacy or defect in the supply or character of the electrical energy furnished to the Subleased Premises or if either the quantity or character of electric service is changed or the electrical energy is no longer available or suitable for TenantSubtenant’s requirements. Any additional riser Subtenant hereby acknowledges that under the Main Lease, and without liability to Subtenant for any loss, damage or risers expense that Subtenant may sustain thereby, Main Landlord or any Condominium Board shall have the right on not less than ten (10) Business Days’ prior notice to supply Tenant’s Sublandlord (except that in the event of an emergency, in which event no prior notice shall be required) to “shut down” electrical requirementsenergy to the Subleased Premises when necessitated by the need for repairs, upon written request alterations, connections or reconnections, with respect to Tenantthe electrical system serving the Building, will be installed by Landlordthe Unit and/or the Common Elements (singularly or collectively, “Electrical Work”), regardless of whether the need for such Electrical Work arises in respect of the Subleased Premises, any other tenant space, or any space in the Building, the Unit, the Common Elements and/or the Building common areas. Subtenant may, at Subtenant’s option, furnish and install all replacement lighting, tubes, lamps, starters, bulbs and ballasts required in the Subleased Premises at Subtenant’s sole cost and expense using Subtenant’s employees (but not any outside contractor) provided such lighting complies with the Design Guidelines under the Main Lease (a copy of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible attached hereto as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesExhibit “J”).

Appears in 1 contract

Samples: Sublease (Datadog, Inc.)

Electricity. 14.01 Tenant shall obtain electricity for Landlord will permit the electrical risers, feeders and wiring in the Building which serve the Demised Premises on a direct meter basis(except those which are connected to the emergency generators) to be used by Tenant to the extent that they are available, suitable and safe. Tenant may connect equipment requiring electric power to the existing electrical panels in the Demised Premises. Laboratory wiring may only connect to the panel designated for such laboratory. Tenant's use of electrical energy shall never exceed the capacity of the electrical system supplying the Demised Premises. In order to ensure that such electrical capacity is not exceeded and to avert possible adverse effects upon the Building's electrical system, Tenant shall be responsible for and pay not, without the prior written consent of Landlord, make, perform or permit any alteration to wiring installations to the applicable utility electrical panels or panel main breaker. Should Landlord grant any required consent, all charges for electricity additional risers, wire installations or other electrical facilities shall be provided by Landlord at the same hourly craft rates as measured by such meter. set forth in Exhibit D. Landlord shall not in be obligated to consent to any way be liable such alteration or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessinstallation if, in the reasonable exercise of Landlord’s reasonable 's judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or will cause or create a dangerous hazardous condition. Tenant's installation of any electrical equipment requiring greater energy supply than 10 amps at 480 volts, or hazardous condition emanating from main corridor electrical closets, shall require prior Landlord approval. Landlord shall have no liability to Tenant for any loss, damage or interfere with expense which Tenant may sustain or disturb other tenants incur by reason of any change, failure, inadequacy or occupants. In addition defect in the supply or character of the electrical energy furnished to the installation Demised Premises or if the quantity or character of such riser the electrical energy is no longer available or riserssuitable for Tenant's requirements, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject except to the aforesaid terms and conditions. Tenant covenants and agrees extent that at all times its use of electric current shall never exceed the capacity of the feeders such change, failure, inadequacy or defect is due to the Building gross negligence or the risers willful misconduct of Landlord, its employees, agents or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforinvitees. Tenant shall make no alterations or additions to be responsible for the electric equipment and/or appliances without the prior written consent cost of Landlord replacement of all lighting tubes, lamps, starters and bulbs required in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume consistent with the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises specification for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesexisting electrical equipment.

Appears in 1 contract

Samples: Lease Agreement (Pathogenesis Corp)

Electricity. 14.01 Tenant shall obtain electricity During the Lease Term, electric power will be available for the Demised Premises on a direct meter basis, purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities and will be separately metered for the Premises. Tenant shall be responsible for all payments to the utility authority providing electricity. The Building standard mechanical and electrical systems are designed to accommodate loads generated by lights and office equipment such as typewriters, dictating equipment, photocopy equipment, etc. Tenant acknowledges that Tenant's intended use of the Premises excludes material use of the Premises beyond Business Hours. Material use shall be deemed to mean the operation of an additional "shift", either full or part time, or use of the Premises after Business Hours in any way that may preclude or interfere with the providing of janitorial services to the Premises. In the event Tenant's use of the Premises requires more electrical power than set forth above, whether by intensity of use, load or type of equipment, Tenant may then be billed for such additional use and such billings will be billed to Tenant as Other Rent. Landlord will utixxxx Xxndlord's customary method of billing Tenant for excess electrical power consumption. At Landlord's option, Landlord, at Tenant's expense, may have an engineer estimate Tenant's usage, and bill Tenant at standard utility rates for the excess usage or xxstall a submeter for the purposes of monitoring Tenant's excess power consumption. Landlord and Tenant agree that Landlord's implementation of the electrical monitoring and billing procedures set forth herein shall in no way be construed so as to deem Landlord a private or public utility company. Landlord reserves the right, after Business Hours, to turn off all unnecessary lighting in the unoccupied areas of the Building and the Premises to minimize the energy consumption of the Building in both the common areas and the Premises. Landlord and Tenant acknowledge that the electrical meter serving the Premises meters electricity for the entire floor of the Building where the Premises are located and that the electrical bill for such meter is received and paid for by Tenant. Uxxx completion of the Improvements (as defined in the First Addendum, attached hereto) (the "Improvement Completion Date"), Landlord and Tenant shall cause the bill for the electrical meter to be sent directly to Landlord. Frox xxd after the Improvement Completion Date, Tenant shall pay to Landlord, as Additional Rent, the amount of $1,100 per month (plus all applicable utility all charges sales taxes), along with each monthly payment of Base Rent, for Tenant's electricity as measured usage. Landlord shall, at the end of each calendar quarter (that is every three (3) months, commencing on January 1 of each year) provide to Tenant a written statement of the cost of electricity paid for the floor of the Building where the Premises are located. Tenant shall be liable for 55.77% of such amount, which percentage is based on the proportionate share of the Premises for the floor of the Building where the Premises are located (that is the square footage of the Premises, of 8,787 divided by such meterthe square footage of the floor of the Building where the Premises are located, of 15,756). Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon also provide a written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering reconciliation of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, amounts which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and may be due to either Landlord or Tenant, based on Tenant's payment of $1,100 per month. To the sole fault of extent that the reconciliation indicates that Tenant owes money to Landlord, Tenant shall have remit the right to terminate this Lease by giving written notice required amount to Landlord no later than in the seventieth (70th) consecutive day and vacating no later than next upcoming payment of Rent. In the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for event that the reconciliation requires Landlord to remit money to Tenant, Landlord shall provide such payment to Tenant as to both datesalong with the reconciliation.

Appears in 1 contract

Samples: Office Lease (Vfinance Inc)

Electricity. 14.01 Section 13.1. Tenant shall obtain at all times comply with all Requirements and with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. Landlord covenants and agrees that on the Commencement Date and at all times throughout the term of this Lease, the risers and other equipment serving the Premises shall be capable of supplying and shall supply a level (the “Base Electric Power Capacity”) of not less than six (6) xxxxx of electricity per rentable square foot of the Premises, connected load for lighting and convenience outlets throughout the Demised Term (exclusive of base building HVAC and any supplemental HVAC). Landlord shall furnish electric power to the Premises on a direct meter basis24 hours per day, 7 days per week, at the Base Electric Power Capacity. Tenant shall not use any electrical equipment that in Landlord’s reasonable judgment taking into account the present and future needs of the Building, would exceed the Base Electric Power Capacity. If Tenant’s electrical requirements exceed the Base Electric Power Capacity and thereby necessitates installation of an additional riser, risers or other proper and necessary equipment, Landlord shall so notify Tenant of the same. Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of all additional electricity above the Base Electric Power Capacity or shall request that additional electrical capacity above the Base Electric Power Capacity (specifying the amount requested) be responsible for made available to Tenant. Landlord, in Landlord’s sole judgment, shall determine whether to make available such additional electrical capacity to Tenant and pay the amount of such additional electrical capacity to be made available. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including any switchgear, the same shall be installed by Landlord. Any such installation shall be made at Tenant’s sole cost and expense which expense shall include the actual, reasonable costs of Landlord incurred solely in connection with supplying electric capacity to the applicable utility all charges for electricity Premises in excess of the Base Electric Capacity, and shall be chargeable and collectible as measured by such meteradditional rent and paid within thirty (30) days after the rendition of a detailed xxxx to Tenant therefor. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed furnished to the Premises by reason of any requirement, act or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at omission of the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to utility serving the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb for any other tenants or occupants. In addition reason not attributable to the installation of such riser gross negligence or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault willful misconduct of Landlord, Tenant shall have the right to terminate this Lease whether electricity is provided by giving written notice to Landlord no later than the seventieth (70th) consecutive day public or private utility or by any electricity generation system owned and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesoperated by Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Travelzoo Inc)

Electricity. 14.01 Except as hereinafter provided, electricity shall not be furnished by Landlord, but shall be furnished by Commonwealth Edison Company or another electric utility company serving the area selected by Landlord. Landlord shall permit Tenant to receive such service direct from such utility company at Tenant's cost, and shall obtain electricity permit Landlord's wire and conduits, to the extent available, suitable and safely capable, to be used for the Demised Premises on a direct meter basissuch purposes. Except as provided in Section 7(c) above, Tenant shall be responsible make all necessary arrangements with the utility company for metering and paying for electric current furnished by it to Tenant, and Tenant shall pay to the applicable utility for all charges for electricity electric current consumed on the Premises during Tenant's occupancy thereof. Tenant shall make no alterations or additions to the electric equipment or systems in the Premises or the Building without the prior written consent of Landlord in each instance (which consent shall not be unreasonably withheld as measured by such metermore particularly described in Article 14 hereinbelow). Tenant also agrees to purchase from Landlord or its agents, as Landlord shall not direct, all lamps, bulbs, ballasts and starters used in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, Premises during the Term so long as the charges therefor are at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionsreasonably competitive rates. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayedinstalled thereon. Notwithstanding anything to the contrary hereinforegoing, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have reserves the right to terminate this Lease provide electricity to the Premises in whole or in part, and in such event Tenant agrees to purchase such electricity from Landlord, at Landlord's then current charges (which rates charged by giving written notice Landlord shall not exceed the reasonably competitive rates for such service charged to Landlord no later than tenants by other electrical utility providers in downtown Chicago, Illinois for space comparable in size to the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as space leased to both datesTenant).

Appears in 1 contract

Samples: Imanage Inc

Electricity. 14.01 A. As long as Tenant is not in default under any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed beyond any applicable notice and cure periods set forth in this Lease, Owner, at Owner's expense, shall obtain electricity redistribute or furnish electrical energy to or for the use of Tenant in the Demised Premises for the operation of the lighting fixtures and the electrical receptacles installed in the Demised Premises on the Commencement Date. There shall be no specific charge by way of measuring such electrical energy on any meter or otherwise, as the charge for the service of redistributing or furnishing such electrical energy has been included in the Fixed Rent on a direct meter so-called "rent inclusion" basis. The parties agree that although the charge for the service of redistributing or furnishing electrical energy is included in the Fixed Rent on a so-called "rent inclusion" basis, the value to Tenant of such service may not be fully reflected in the Fixed Rent. Accordingly, Tenant agrees that Owner may cause an independent electrical engineer or electrical consulting firm, selected by Owner and reasonably approved by Tenant, to make a determination, following the commencement of Tenant's normal business activities in the Demised Premises, of the full value to Tenant of such services supplied by Owner, to wit: the potential electrical energy supplied to Tenant annually based upon the estimated capacity of the electrical feeders, risers and wiring and other electrical facilities serving the Demised Premises. Such engineer or consulting firm shall certify such determination in writing to Owner and Tenant. If it shall be responsible for and pay to determined that the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible full value to Tenant of such service is in excess of FORTY THOUSAND FOUR HUNDRED SIXTY-FOUR and 00/100 ($40,464.00) DOLLARS per annum (such sum is referred to as the "Electrical Inclusion Factor"), the parties shall enter into a written supplementary agreement, in form satisfactory to Owner, modifying this Lease as of the Commencement Date by increasing the Fixed Rent and the Electrical Inclusion Factor for any loss the entire Demised Term by an annual amount equal to such excess. However, if it shall be so determined that the full value to Tenant of such service does not exceed the Electrical Inclusion Factor, no such agreement shall be executed and there shall be no increase or damage decrease in the Fixed Rent or expense which Tenant may sustain or incur if the Electrical Inclusion Factor by reason of such determination. If either the quantity or character of electric electrical service is changed by the corporation(s) and/or other entity(ies) selected by Owner to supply electrical service to the Building or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical '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 written request Owner, or its agents, by reason of inconvenience or annoyance to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense interruption of Tenant's business, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesotherwise.

Appears in 1 contract

Samples: Agreement of Lease (Langer Inc)

Electricity. 14.01 (a) Landlord shall supply electric energy which Tenant shall obtain requires in the demised premises and Tenant will pay Landlord or Landlord's designated agent, as additional rent for the supplying of electric current, the sum of (i) an amount computed by applying Tenant's consumption and demand for the billing period in question (as measured by the meter(s) installed in the demised premises for that purpose) to the rates in Service Classification No. 4 of Consolidated Edison Company of New York, Inc. then in effect (or any successor rate classification pursuant to which Landlord purchases electricity for the Demised Premises on a direct Building) together with any meter basiscompany charges, Tenant shall be responsible for taxes, fuel adjustment charges and pay other charges and expenses to which Landlord is subject, plus, (ii) ten (10%) percent of the applicable utility all charges for electricity as measured by such meteramount set forth in clause (i). Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either Where more than one (1) meter measures the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessthe service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefor shall be rendered at such times as Landlord may elect and the amount, in as computed from a meter, shall be deemed to be, and be paid as, additional rent within twenty (20) days of rendition thereof. If any tax is imposed on Landlord’s reasonable judgment's receipt from the sale or resale of electric energy to Tenant by any federal, the same will cause permanent damage state or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risersmunicipal authority, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use where permitted by law, Tenant's pro rata share of such taxes shall be passed on to, and included in the xxxx of, and paid by, Tenant to Landlord. In no event shall the cost to Tenant for the supply of electric current shall never exceed the capacity energy be less than 110% of the feeders aggregate cost to Landlord for the supply of electric energy to Tenant at the demised premises (including any meter company charges, taxes, fuel adjustment charges and other charges and expenses to which Landlord is subject). If any meters or other equipment must be installed to furnish electric service to the Building or demised premises on a submetered basis, as herein provided, the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and same shall be paid installed by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates's expense.

Appears in 1 contract

Samples: Wall Street Strategies Corp

Electricity. 14.01 Tenant Landlord shall obtain redistribute or furnish electricity to or for the Demised use of Tenant in the Premises on for the operation of Tenant's electrical systems and equipment in the Premises, at a direct meter basislevel sufficient to accommodate a demand load of six xxxxx of electricity per useable square foot of office space in the Premises (exclusive of electricity required to operate the base-Building HVAC System). Subject to the last sentence of this Section, Tenant shall be responsible for and pay to Landlord, on demand from time to time, but not more than monthly, for its consumption of electricity at the applicable utility all charges Premises, as Additional Rent for electricity as measured such service from and after the Commencement Date, a sum equal to 110% of the product obtained by multiplying (x) the Cost Per Kilowatt Hour, by (y) the actual number of kilowatt hours of electric current consumed by Tenant in such meterbilling period. Landlord shall not install a meter or meters, at Tenant's expense, to measure Tenant's consumption of electricity in any way the Premises, which meters shall be liable or responsible maintained by Landlord at Tenant's expense. Where more than one meter measures Tenant's consumption of electricity in the Premises, the electricity measured by each meter shall be computed and billed separately in accordance with the provisions set forth above. Bills for such amounts shall be rendered to Tenant at such times as Landlord may elect. The rate to be paid by Tenant for sub metered electricity shall include any loss taxes or damage other charges in connection therewith. If any tax is imposed upon Landlord's receipts from the sale or expense which Tenant may sustain or incur if either the quantity or character resale of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request electricity to Tenant, will be Tenant shall reimburse Landlord for such tax, if and to the extent permitted by law. For any period during which such meter or meters are not installed by Landlord, at or are not operational in the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgmentPremises, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, monthly Fixed Rent shall xxxxx until such service resumes be increased by an amount equal to the product of (A) $.2083, subject to adjustment for any increases in electric rates or taxes, and Tenant is able to resume (B) the use number of at least seventy-five (75%) percent of rentable square feet in the Demised Premises. Should If no such service interruption prevent Tenant from using at least seventy-five (75%) of meter or meters are installed in the Demised Premises for more than sixty (60) days and be due on the Commencement Date, Landlord shall diligently proceed to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesinstall same.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Greenhill & Co Inc)

Electricity. 14.01 Tenant In addition to, and not in lieu of, the fixed rent payable above, Sublessee shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to Sublessor as additional rent each month, an amount equal to the applicable utility all charges product of (a) $3.00 ("Sublessor's Initial Estimate"), subject to adjustment for any increases in rates or taxes, and (b) the number of rentable square feet in the Subleased Premises, for electricity as measured by such metercharges. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementsHowever, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury notwithstanding anything contained herein to the Building contrary, Sublessor, or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risersconsultant selected by Sublessor, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice enter the Subleased Premises and Sublessee shall permit Sublessor or said consultant to Landlord no later than have access to Sublessee's electrical facilities at all reasonable times to determined if Sublessee's use of the seventieth (70th) consecutive day and vacating no later than utilities in the ninetieth (90th) consecutive daySubleased Premises differs from Sublessor's Initial Estimate. TIME BEING OF THE ESSENCE for Tenant If Sublessee's use of the utilities in the Subleased Premises does differ from Sublessor's Initial Estimate, Sublessor shall furnish to Sublessee a statement of Sublessor's determination as to both datesthe amount that Sublessee shall pay Sublessor on a monthly basis for electricity, and the same shall become binding upon the parties unless, within thirty (30) days, Sublessee notifies Sublessor that it disputes the amount of such payment, in which event the parties shall in good faith make reasonable attempts to come to an agreement, and, if Sublessor and Sublessee cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by an independent consultant selected by Sublessor and approved by Sublessee, which approval shall not be unreasonably withheld or delayed. Sublessee shall permit said independent consultant to have access to the Subleased Premises and Sublessee's electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Sublessee unless such consultant finds that Sublessor's determination was overstated by more than ten percent (10%), in which case the fee shall be paid by Sublessor. When the amount of such payment is so determined, Sublessor and Sublessee shall execute a supplementary agreement to reflect such amount, which shall be made retroactively if necessary. Any adjustment shall be effective even if such supplementary agreement is not executed and delivered. Pending the determination of the amount of the payment, Sublessee shall pay to Sublessor the amount of such payment as specified in Sublessor's statement. Thereafter if it is determined that Sublessee has overpaid, Sublessee shall receive a credit against fixed rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) of fixed rent.

Appears in 1 contract

Samples: Princeton Video Image Inc

Electricity. 14.01 Section 13.1 Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity for to the Demised Premises on a direct meter basis, Building. Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in use any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessequipment which, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never would exceed the capacity of the existing feeders to the Building or the risers or wiring installations therein or which will overload such installations or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord’s reasonable judgment, Tenant’s electrical requirements necessitate installation which of an additional riser, risers or other proper and necessary equipment, Landlord represents is sufficient for ordinary office useshall so notify Tenant of the same. It is further covenanted Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electrical capacity (specifying the amount requested) be made available to Tenant. Landlord, in Landlord’s reasonable judgment shall determine whether to make available such additional electrical capacity to Tenant and agreed the amount of such additional electrical capacity to be made available. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any switchgear, the same shall be installed by the Tenant that all the aforesaid costs Landlord. Any such installation of capacity dedicated to Tenant’s exclusive use shall be made at Tenant’s sole cost and expenses are expense, and shall be chargeable and collectible as Additional Rent additional rent and shall be paid by the Tenant to the Landlord within ten thirty (1030) days after the rendering rendition of any xxxx or statement a bxxx to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned liable in any way to Tenant for any failure or delayed. Notwithstanding anything defect in the supply or character of electric service furnished to the contrary hereinPremises by reason of any requirement, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent act or omission of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume utility serving the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises Building or for more than sixty (60) days and be due any other reason not attributable to the sole fault negligence or willful misconduct of Landlord, Tenant shall have the right to terminate this Lease whether electricity is provided by giving written notice to Landlord no later than the seventieth (70th) consecutive day public or private utility or by any electricity generation system owned and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesoperated by Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Coty Inc /)

Electricity. 14.01 Tenant shall, in addition to paying Fixed Rent, pay for all electricity consumed in the Premises pursuant to a Landlord installed electric sub-meter or check meter to measure Tenant’s actual usage consumed within the Premises. Tenant shall obtain reimburse Landlord for all costs of such electricity based on the rate charged by the utility company to the Landlord (without xxxx-up by Landlord) on a monthly basis (currently estimated at $1.35/RSF), specifically within thirty (30) days upon receipt of Landlord’s invoice therefore, which invoice shall identify amount of electrical usage for the Demised Premises based on a direct such meter basis, Tenant shall be responsible or check meter for such month. Common area electricity and pay to Building HVAC electric charges are included in the applicable utility all common area maintenance charges for electricity as measured by such meterset forth in Section 4.2 of this Lease. Landlord Tenant’s use of electrical service in the Premises shall not in at any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never time exceed the capacity of any of the feeders to electrical conductors or other equipment in or otherwise serving the Premises or the Building or standard, as hereinafter provided. To ensure that such capacity is not exceeded and to avert possible adverse effects upon the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Building’s electrical system, Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten not, without at least thirty (1030) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written notice to and consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything connect to the contrary hereinBuilding electric distribution system any fixtures, should appliances or equipment which operates on a voltage of 277/480 volts nominal, or make any alteration or addition to the electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent system of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that reasonably deemed by Landlord to be standard for the Building, Landlord may refuse to provide such excess usage or refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including, but not limited to, the installation of utility service interruption prevent Tenant from using at least seventyupgrades, sub-five meters, air handlers or cooling units), and all such additional usage (75%) of the Demised Premises for more than sixty (60) days and be due except to the sole fault extent prohibited by law), installation and maintenance thereof shall be paid for by Tenant, as additional rent, upon Landlord’s demand, so long as no other tenants are receiving excess usage. It is understood that the electrical generated service to the Premises may be furnished by one or more generators of Landlordelectrical power and that the cost of electricity may be billed as a single charge or divided into and billed in a variety of categories, Tenant such as distribution charges, transmission charges, generation charges, congestion charges, capacity charges, public good charges, and other similar categories, and may also include a fee, commission or other charge by an unaffiliated broker, aggregator or other intermediary for obtaining or arranging the supply of generated electricity. Landlord shall have the right to terminate this Lease by giving written notice select the generator of electricity to the Premises and to purchase generated electricity for the Premises through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time. As used herein, the term “generator of electricity” shall mean one or more companies (including, but not limited to, an electric utility, generator, independent or non-regulated company) that provides generated power to the Premises or to the Landlord no later than to be provided to the seventieth (70th) consecutive day and vacating no later than Premises, as the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datescase may be.

Appears in 1 contract

Samples: Sublease Agreement (Demandware Inc)

Electricity. 14.01 Section 13.1 Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. The risers serving the Office Premises shall be capable of supplying three and one-half (3.5) wattx xx electricity per rentable square foot of the Office Premises, and Tenant shall not use any electrical equipment which, in Landlord's reasonable judgment, would exceed such capacity or interfere with the, electrical service to other tenants of the Building. Landlord shall dedicate one (1) three hundred (300) amp switch located in the Building to Tenant for its use. Notwithstanding the foregoing, if and for as long as Tenant shall not require the use of all 51 52 of the power provided by such switch, then Landlord may use the switch and the power provided thereby to supply electricity to the Building or any tenant therein. If Tenant can demonstrate to Landlord's reasonable satisfaction that it requires electrical capacity in addition to the three and one-half (3.5) wattx xx electricity per rentable square foot of the Office Premises plus the capacity of the three hundred (300) amp switch and Landlord, after taking into account the capacity of the Building, the current and anticipated needs of the Building and all present and future occupants thereof, determines that it can deliver such additional capacity to Tenant without obtaining additional capacity from the public utility servicing the Building, Landlord, after Tenant's request and at Tenant's sole cost and expense, shall make such capacity available to Tenant, through the existing risers and conduits of the Building. Subject to the provisions of this Lease Landlord shall be required to provide electricity to the Garage Premises and Basement Premises solely for the operation of normal lighting, and electricity for the Demised operation in the Garage Premises of a heating unit with an electrical consumption not materially in excess of the unit located in the Garage Premises on a direct meter basisthe date hereof, and Tenant shall not install any additional or other electronic equipment in either the Garage Premises or the Basement Premises. Landlord shall, at Tenant's sole cost and expense, separately submeter Tenant's signs to the extent such signs are not currently separately submetered. In the event that, in Landlord's reasonable judgment, Tenant's electrical requirements in excess of three and one-half (3.5) wattx xx electricity per rentable square foot of the Office Premises plus the capacity of the three hundred (300) amp switch necessitate installation of an additional riser, risers or other proper and necessary equipment, Landlord shall so notify Tenant of same. Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electricity capacity (specifying the amount requested) be responsible made available to Tenant. Landlord, in Landlord's reasonable judgment shall determine whether to make available such additional electricity capacity to Tenant and the amount of such additional electricity capacity to be made available. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any switchgear, the same shall be installed by Landlord. All reasonable costs and expenses of making any such installation shall be paid by Tenant, and shall be chargeable and collectible as additional rent and paid within ten (10) Business Days after the rendition of a bill xx Tenant therefor, which bill xxxll be accompanied by invoices for and pay such work paid or to be paid. Landlord shall bill Xxxant for the applicable utility all charges for electricity as measured by such metersame not more frequently than once per month. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed furnished to the Premises by reason of any requirement, act or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at omission of the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to utility serving the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb for any other tenants or occupants. In addition reason not attributable to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault negligence of Landlord, Tenant shall have the right to terminate this Lease whether electricity is provided by giving written notice to Landlord no later than the seventieth (70th) consecutive day public or private utility or by any electricity generation system owned and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesoperated by Landlord.

Appears in 1 contract

Samples: Mony Group Inc

Electricity. 14.01 Tenant shall obtain electricity pay for all charges for electric consumption in the Demised Premises on a direct meter basisas reasonably determined by Landlord, but without mark-up above actual cost, within ten (10) days of Landlord’s invoice therefor, from time to time, but not more often than monthly; provided that upon written notice from Landlord, Tenant shall pay an estimate of such charges, as reasonably determined by Landlord from time to time, monthly at the same time and in the same manner as payments of Annual Base Rent, with appropriate payment (or credit against future electric charges) to be responsible made annually based upon Xxxxxxxx’s revised estimates for and pay the prior year. Landlord estimates that the charge for electric consumption is currently $1.50 per square foot of Rentable Floor Area. If at any time electric charges for the Premises are payable to the utility therefor, because of the installation of submeters or check meters or otherwise, Tenant shall pay such charges before they become due. The foregoing shall not constitute Landlord’s consent to the installation of any such meters. Landlord shall have the exclusive right to designate the electric service provider and primary telecommunications provider to serve the Building. Tenant shall make arrangements for its own telecommunications service, using the existing cabling to the Building. Tenant covenants and agrees that its use of electric current (exclusive of HVAC) shall not exceed 8.0 xxxxx per square foot of rentable floor area and that its total connected lighting load will not exceed the maximum load from time to time permitted by applicable utility all charges for electricity governmental regulations. In the event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building system or in any other way interferes with the system’s ability to perform adequately its proper functions, supplementary systems including check meters may, if and as measured needed, in Landlord’s discretion and at Landlord’s option, be provided by such meterLandlord, at Xxxxxx’s expense. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if if, during the Term of this Lease, either the quantity or character of electric service current is changed or electric current is no longer available or suitable for Tenant’s requirements. Any additional riser requirements due to a factor or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in cause beyond Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datescontrol.

Appears in 1 contract

Samples: Cambridge Heart Inc

Electricity. 14.01 Beginning on the earlier of the date that Tenant shall obtain electricity for first occupies the Demised Premises on a direct meter basisor the Commencement Date, and continuing thereafter during the Lease Term, Tenant shall be responsible for and pay to Landlord monthly in advance on the first day of each month, without notice or demand and without any deduction, offset or abatement except as otherwise provided in this Lease, in lawful money of the United States of America, 1/12 of the amount of the Tenant's Pro-Rata Share of the actual out-of-pocket charges paid by Landlord for electricity attributable to the Building ("Electrical Expenses") as reasonably estimated by Landlord (in accordance with substantially the same procedure that applies to Landlord estimated statement of Shared Expenses as set forth in Section 6.2(c) below) to be incurred for the then applicable utility all calendar year (or portion thereof) in which the monthly payments are to be made. If the Expiration Date is not December 31, then the monthly payments owing hereunder during the last partial calendar year of the Lease shall be appropriately adjusted. In any event, Electrical Expenses shall be adjusted as follows: (a) any costs attributable to electrical consumption by tenants and occupants in the Building (including Tenant as provided in Section 9.2(c) hereof) that is excess of the quantities of electricity consumption customarily associated with general office use or, in the case of Tenant, general office use with a call center as permitted hereunder) shall be deducted from Electrical Expenses, and (b) the cost of electricity incurred to provide overtime HVAC to specific tenants (as reasonably estimated by Landlord) shall be deducted from Electrical Expenses. Subsequent to the end of each full or partial calendar year, Landlord shall send Tenant a statement (in accordance with substantially the same procedure that applies to Landlord's Statement of Shared Expenses as set forth in Section 6.2(d) below) of the actual Electrical Expenses incurred by Landlord during such calendar year and Tenant's Pro Rata Share thereof. As used in this Lease, the phrase “actual Electrical Expenses” means and includes the total charges for electricity as measured actually paid by such meterLandlord to the electricity provider, including, by way of example, and not by way of limitation, kWh charges, PUC assessments, taxes, distribution charges, transmission service charges, meter charges, etc. If Tenant’s Pro Rata Share exceeds the estimated amount previously paid by Tenant to Landlord, then Tenant shall pay the difference to Landlord within thirty (30) days after written notice from Landlord (which notice shall not in any way be liable accompanied by reasonable back-up documentation). If Tenant’s Pro Rata Share is less than the estimated amount previously paid by Tenant to Landlord, then the amount of the overpayment shall be credited against the next succeeding payment due pursuant to this Section 4.4 or, if this Lease has been terminated or responsible the Lease Term has expired, the overpayment shall be refunded by Landlord to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten thirty (1030) days after the rendering date of Landlord's statement of the actual Electrical Expenses. Notwithstanding the foregoing, within nine (9) months after receipt of a statement by Tenant pertaining to Tenant's Pro Rata Share of Electrical Expenses ("Special Review Period"), if Tenant in good faith disputes the amount set forth in the statement, then Tenant's employees, agents or representatives, designated by Tenant, may, after reasonable notice to Landlord and during Landlord’s business hours, inspect and photocopy Landlord's records (pertaining to Landlord's calculation of actual Electrical Expenses) at Landlord's offices, provided that Tenant is not then in monetary or material non-monetary default after expiration of all applicable cure periods. Notwithstanding the foregoing, Tenant shall only have the right to review Landlord's records one (1) time during any xxxx or statement twelve (12) month period and only a single time as to the period covered by any statement of actual Electrical Expenses. If after such inspection, but within thirty (30) days after the Special Review Period, Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of notifies Landlord in each instancewriting that Tenant still disputes such amounts, which consent shall not be unreasonably withheldthen Landlord and Tenant shall, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more thirty (30) days thereafter, attempt to resolve such dispute. In the event such dispute is not resolved within such thirty (30) day period, then the parties shall submit the matter to binding arbitration before a retired judge under the auspices of JAMS (or any successor to such organization) in Dallas, Texas, according to the then rules of commercial arbitration of such organization. The decision of the arbitrator shall be conclusive, final and binding upon Landlord and Tenant. Judgment upon the decision of the arbitrator may be entered in any court of competent jurisdiction. The cost of such arbitration (including reasonable attorneys' fees incurred therein) shall be borne by the losing party as determined by the arbitrator. In no event shall Landlord or its property manager be required to (i) photocopy any accounting records or other items or contracts unless Tenant agrees to pay for the copying costs, (ii) create any ledgers or schedules not already in existence, (iii) incur any costs or expenses relative to such inspection, or (iv) perform any other tasks other than five (5) consecutive business days through making available such records as are described in this paragraph. The provisions of this Section 4.4 shall be the sole fault method to be used by Tenant to dispute the amount of Landlord so as to prevent Electrical Expenses payable by Tenant from using at least seventy-five (75%) percent of the Demised Premisesunder this Lease, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dateswaives any other rights or remedies relating thereto.

Appears in 1 contract

Samples: Office Lease (Copart Inc)

Electricity. 14.01 Tenant shall obtain electricity purchase the electrical energy that Tenant requires for operation of the lighting fixtures, appliances and equipment (including without limitation all air conditioning equipment) servicing the Demised Premises on a direct Premises. The costs of initially installing any required meter basisshall be paid by Landlord, but Tenant shall be responsible for keep said meter and pay to the applicable utility all charges for electricity as measured by such meterinstallation equipment in good working order and repair. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service electrical energy furnished to the Demised Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity unless due to the act or omission of Landlord. Tenant's use of electrical energy in the Demised Premises shall not at any time exceed the capacity (agreed to be 16.5 xxxxx per square foot) of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is changed not exceeded and to avert possible adverse effect upon the Building electrical services Tenant shall give notice to Landlord and obtain Landlord's prior written consent whenever Tenant shall connect to the Building electrical distribution system any fixtures, appliances or is no longer available or suitable for Tenant’s requirementsequipment other than lamps, typewriters and similar small machines. Any additional riser feeders or risers to supply Tenant’s 's electrical requirementsrequirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, upon written request to Tenant, will shall be installed by Landlord, Tenant at the sole cost and expense of Tenant, unless, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the installation of such feeders or risers has been approved in Landlord’s reasonable judgment, the same writing by Landlord in advance thereof and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants of the Building. Tenant agrees that it will not make any alteration or occupants. In material addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric electrical equipment and/or appliances in the Demised Premises without the prior written consent of Landlord in each instanceinstance first obtained, which consent shall will not be unreasonably withheld, conditioned and will promptly advise Landlord of any alteration or delayedaddition to such electrical equipment and/or appliances. Notwithstanding anything to the contrary hereinTenant, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of Tenant's expense, shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 1 contract

Samples: Investment Technology Group Inc

Electricity. 14.01 Tenant shall obtain will be billed for electricity for the Demised Premises Tenant's lights and outlet consumption on a direct meter basismonthly basis based on an annual estimate of $1.00 per rentable square foot. Should the actual average expense to Landlord per square foot for Tenant's electricity be different, Tenant an additional charge or a credit will be made at the end of each year's occupancy to be paid with or credited against the next monthly charge for Xxxxxx's electricity. Notwithstanding the foregoing, Landlord reserves the right to assess Xxxxxx's charge for electricity based on an engineer's survey of Tenant's electrical usage conducted from time to time or on the sub-metering of all or part of the Premises. Such charges for Xxxxxx's electricity shall be responsible for paid by Xxxxxx as additional rent at the same time and pay in the same manner as payments of Annual Rent. Tenant covenants and agrees that its use of electric current shall not exceed 4.0 xxxxx per square foot of usable floor area and that its total connected lighting load will not exceed the maximum load from time to time permitted by applicable governmental regulations. In the applicable utility all charges for electricity event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building's electrical system or in any other way interferes with the system's ability to perform properly, supplementary systems including check meters may, if and as measured needed, at Landlord's option, be provided by such meterLandlord, at Tenant's expense. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if if, during the Term of this Lease, either the quantity or character of electric service current is changed or electric current is no longer available or suitable for Tenant’s requirements's requirements due to a factor or cause beyond Landlord's control. Any additional riser or risers Landlord reserves the exclusive right to supply Tenant’s electrical requirementsprovide electric and other utility service to the Building. Tenant may request permission from Landlord (which consent may be withheld in its sole discretion) to arrange electric and other utility service exclusively serving the Premises. Should such permission be granted, upon written request to Tenanthowever, will such service shall be installed only in such locations and in such manner as shall be specifically approved by LandlordLandlord in its sole discretion, Tenant shall be responsible for restoration of any damage caused by such installation and Tenant shall be responsible for removal of such installations at the sole cost and expense termination of this Lease. Landlord may limit Tenant's choice of electrical or other utility providers in order to avoid proliferation of such services to the Building or for any other reason. In no event, unlesshowever, shall Landlord be responsible for any damages or inconvenience caused by interruption in Landlord’s reasonable judgment, the same will cause permanent damage or injury poor quality of electricity or other utility services provided to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of unless such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed damages are caused by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault negligence of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesits agents or employees.

Appears in 1 contract

Samples: Idenix Pharmaceuticals Inc

Electricity. 14.01 Except as provided in this Section, Landlord shall furnish to Tenant shall obtain throughout the Term (and as more particularly set forth in Exhibit D) electricity for the Demised operation of lighting fixtures as shown on Exhibit D, and at 120 volt current for the operation of normal office fixtures and equipment, but excluding any high energy consumption equipment. Tenant covenants and agrees to pay, as an additional charge, an annual amount equal to the product of the Electricity Reimbursement specified in Section 1.1 and the number of square feet in the Rentable Floor Area of the Premises. Such amount shall be paid in equal monthly installments (pro-rated for any partial month) on the Term Commencement Date and the first day of each subsequent calendar month during the Term. The Electricity Reimbursement figure in Section 1.1 is based on estimated electricity costs for Building standard lighting and office uses. At any time and from time to time, Landlord may increase the per square foot amount of Electricity Reimbursement provided that such increase (i) results in a rate fairly reflecting Landlord’s then actual cost of supplying such electricity without xxxx-up and/or (ii) is based on Tenant’s actual consumption of electricity as measured by meter(s) installed for the Premises or (if such meter is not in service or does not apply exclusively to the Premises) on a Landlord’s reasonable judgment that Tenant’s electricity consumption exceeds the permitted level of consumption as described in the preceding sentence. Any meter serving the Premises exclusively shall be maintained and repaired by Landlord at Tenant’s expense. Landlord may, at any time, at its sole election, discontinue the furnishing of electric current upon not less than two months’ notice (or such longer time as may be required to make arrangements with the electric utility for direct meter basisservice provided Tenant exercises commercially reasonable efforts to complete said arrangements as soon as possible), whereupon Tenant’s obligation to pay additional charges under this Section shall cease. In electing to discontinue furnishing electric current, Landlord shall not discriminate between Tenant and other tenants of the Building similarly situated with respect to the reason for discontinuance of electric service. If Landlord elects to discontinue electric service, Tenant shall contract directly with the utility company supplying electric current and Landlord shall, at its expense, bear all capital costs associated with converting the Premises to utility company service and shall furnish and install, in the Premises or other location, necessary transmission lines and metering equipment used in connection with measuring Tenant’s consumption of electric current. Tenant shall be responsible for maintenance and pay repair of such transmission and metering equipment during the balance of the Term. If Tenant requires electricity in excess of that supplied by Landlord or if Tenant, pursuant to this Section, obtains its electricity directly from the utility company, Landlord shall, upon request, cooperate with Tenant in the installation of any equipment, wiring, conduits, and the like required for such electricity to the applicable utility Premises provided that Tenant shall reimburse Landlord for all charges for electricity as measured by such meter. additional costs incurred and further provided that Landlord shall not in be required to take any way be liable action which is inconsistent with applicable law, insurance regulation, or responsible to Tenant for any loss that entails excessive or damage unreasonable alterations or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury repairs to the Building Project or the Demised Premises or cause or create a dangerous or hazardous condition or interfere interference with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity occupants of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesProject.

Appears in 1 contract

Samples: Office Lease (Fusion Pharmaceuticals Inc.)

Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlordfurnish, at the sole Tenant's cost and expense of Tenant, unless, in Landlord’s reasonable judgmentexpense, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use 4.5 xxxxx per square foot (net usable area) of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary lighting and normal office use, and shall replace light bulbs and tubes when required. It is further covenanted The cost of replacement light bulbs, tubes, lamps, and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and ballasts, shall be paid by Tenant as Additional Rent. Tenant's use of electric energy in the Premises shall not at any time exceed the safe capacity of any of the electric conductors and equipment in or otherwise serving the Premises. Tenant shall not, without Landlord's prior written consent, which is not to be unreasonably withheld, in each instance, connect to the Building's electric distribution system any fixtures, appliances, equipment or machinery other than lamps, typewriters, desktop computers, xerox machines, and similar small office machines, as well as food and beverage vending machines, coffee makers, refrigerators, hot plates and microwave ovens, nor make any alterations or additions to the electric system of the Premises. Should Landlord grant such consent, all additional lines, risers or other equipment required therefor shall be provided by Landlord at Tenant's cost and expense. Tenant agrees that its consumption of electric energy in the Premises shall be submetered by Landlord at Tenant's expense. The cost of electricity consumed at the Premises shall be billed to Tenant by Landlord, monthly on the basis of the rate paid by Landlord for electricity consumed in the Building, being the Philadelphia Electric Company High Tension Rate (or the replacement rate paid by Landlord if such rate is discontinued), based on the average cost per kilowatt hour of electricity consumed in the Building, which xxxx shall be payable by Tenant within ten (10) days after following receipt as Additional Rent. Tenant agrees that if, in the rendering of any xxxx future, it is required by the Pennsylvania Public Utility Commission or statement by a Federal or state law or by applicable tariff as a necessary condition to the Tenant therefor. Tenant shall make no alterations or additions supply of electric energy to the electric equipment and/or appliances without Premises or any part thereof, to become the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent direct customer of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordapplicable utility, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dateswill do so.

Appears in 1 contract

Samples: Agreement of Lease (Pennsylvania Manufacturing Corp)

Electricity. 14.01 Except as hereinafter provided, electricity shall not be furnished by Landlord, but shall be furnished by Commonwealth Edison Company or another electric utility company serving the area selected by Landlord. Landlord shall permit Tenant to receive such service direct from such utility company at Tenant’s cost, and shall permit Landlord’s wire and conduits, to the extent available, suitable and safely capable, to be used for such purposes. The capacity of the electrical service to the Premises is set forth in the Description of Base Building Work attached to the Workletter as Attachment 1. Tenant shall obtain electricity make all necessary arrangements with the utility company for the Demised Premises on a direct meter basismetering and paying for electric current furnished by it to Tenant, and Tenant shall be responsible pay for and pay to the applicable utility all charges for electricity electric current consumed on the Premises during Tenant’s occupancy thereof. Tenant shall make no alterations or additions to the electric equipment or systems in the Premises or the Building without the prior written consent of Landlord in each instance. Tenant also agrees to purchase from Landlord or its agents, as measured by such meter. Landlord shall not direct, all lamps, bulbs, ballasts and starters used in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at Premises during the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionsTerm. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders referred to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayedabove. Notwithstanding anything to the contrary hereinforegoing, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have reserves the right to terminate this Lease provide electricity to the Premises in whole or in part, and in such event Tenant agrees to purchase such electricity from Landlord, at Landlord’s then current charges at rates which shall not exceed the rates for such service charged to tenants of the Building leasing space comparable in size to the space leased by giving written notice Tenant. If the Premises are not separately metered for any reason, or are separately metered only in part, then Tenant shall pay Landlord, as additional Rent, in monthly installments at the time prescribed for monthly installments of Monthly Base Rent, amounts determined by Landlord based upon Landlord’s then established rates therefor, which shall not exceed the rates for such service charged to Landlord no later than tenants of the seventieth (70th) consecutive day and vacating no later than Building leasing space in size comparable in size to the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesspace leased by Tenant.

Appears in 1 contract

Samples: Office Lease (EMAK Worldwide, Inc.)

Electricity. 14.01 Tenant shall obtain electricity for At the Demised Premises on a direct meter basis, Tenant Landlord’s expense (which costs shall be responsible for and pay included in the Operating Costs), the Landlord will make available in the Leased Premises electric power subject to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible Landlord’s capacity to Tenant for any loss or damage or expense which Tenant obtain it and may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlordalso provide, at the sole cost Tenant’s expense, other public utilities when necessary, such as water and expense gas. The electricity and other utilities are provided in quantities for which the Landlord, acting in a reasonable manner, establishes from time to time as a normal consumption for tenants of Tenant, unlessthe Building. The Tenant shall ensure not to cause, in Landlord’s reasonable judgmentany circumstances, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantssurcharge of these utilities. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. The Tenant shall make no alterations not bring on the Leased Premises any equipment, device or additions to the electric equipment and/or appliances machine which could consume a large quantity of electricity or which requires special ventilation, without the prior written consent of Landlord in each instancethe Landlord, which consent shall cannot be unreasonably withheld, conditioned or delayedrefused without reasonable motive. Notwithstanding anything The Tenant shall cover the expenses related to the contrary hereinacquisition and installation of any check meter. Tenant shall provide and install, should electric service be interrupted also at its own expense, all cables and ducts necessary for a period its special equipment. The Tenant undertakes to ensure that his consumption of more than five (5) consecutive business days through electricity never exceeds the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent capacity of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume systems supplying the use of at least seventy-five (75%) percent of the Demised Leased Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant The Landlord shall have the right right, at any time, to terminate this Lease check the energy needs of the Leased Premises and, if the needs exceed the capacity of the systems supplying the Leased Premises, the Landlord may, at his discretion, take steps to increase the capacity and costs incurred shall be borne by giving written notice the Tenant, or the Landlord may require the Tenant to Landlord reduce his energy consumption to bring it in line with available capacity. The Tenant shall assume all costs related to acquiring and installing any meters. He shall also provide and install, at his expense, all cables and conduits required for his special equipment. In no later than event shall the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE cost for said electricity exceed what Tenant as would have to both datespay to Hydro-Québec or any succeeding company if electricity was directly metered.

Appears in 1 contract

Samples: Lease Agreement (Pc Mall Inc)

Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electrical energy furnished to the Leased Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity. Tenant's use of electrical energy in the Leased Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Leased Premises as shown on Landlord's Building Plans. Tenant shall not install or operate in the Leased Premises any electrically operated equipment which uses electric current in excess of the capacity of the feeders and panel boards serving the Leased Premises as shown on Landlord's Building Plans without Landlord's written consent, which consent may be conditioned upon Tenant's agreement to pay the cost of any additional wiring which may be required for the operation of such equipment. In order to insure that such capacity is not exceeded and to avert a possible adverse effect upon the Building electrical service is changed or is no longer available or suitable for Tenant’s requirementsTenant shall give notice to Landlord whenever Tenant shall connect to the Building electrical distribution system any electrically operated equipment other than lamps, typewriters and similar small office machines. Any additional riser feeders or risers to supply Tenant’s 's electrical requirementsrequirements in addition to those originally installed, upon written request to Tenantand all other equipment proper and necessary in connection with such feeders or risers, will shall be installed by LandlordLandlord upon Tenant's request, at the sole cost and expense of Tenant, unlessprovided that, in Landlord’s 's reasonable judgment, such additional feeders or risers are permissible under applicable laws and insurance regulations and the same installation of such feeders or risers will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants of the Building. All Floors occupied entirely by Tenant shall be separately metered or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost sub-metered for electricity and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity parts of the feeders to the Building Leased Premises, may, at Landlord's option, be separately metered or the risers or wiring installation which Landlord represents is sufficient sub-metered for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforelectricity. Tenant shall make no alterations pay (or additions reimburse Landlord for) the cost of purchasing and installing separate electric meters or sub- meters for each whole Floor and each part of a Floor included in the Leased Premises, and for any other part of the Leased Premises which Landlord elects to have metered or sub-metered. Tenant shall pay directly to the electric equipment and/or appliances without the prior written consent of Landlord public utility company all charges for electricity used by Tenant in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent all parts of the Demised PremisesLeased Premises which are separately metered, Fixed Rent or Tenant shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent reimburse Landlord directly for its electrical usage in all parts of the Demised PremisesLeased Premises which are sub-metered. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant Landlord shall have the right from time to terminate this Lease time to have a survey made by giving written notice an independent electrical engineer or electrical consulting firm to be selected and paid for by Landlord no later than to determine the seventieth (70th) consecutive day and vacating no later than amount of electricity consumed by Tenant in the ninetieth (90th) consecutive dayparts of the Leased Premises which do not consist of an entire Floor. TIME BEING OF THE ESSENCE for Tenant shall pay to Landlord, at monthly intervals upon receipt of an invoice therefor, the cost of electricity it consumes in the parts of the Leased Premises which do not consist of an entire Floor as to both datesdetermined by such electrical engineer or consulting firm.

Appears in 1 contract

Samples: Icf Kaiser International Inc

Electricity. 14.01 Section 13.01 Landlord has installed in the Building and the Premises such electrical risers, feeders and wiring as shall be necessary to permit Tenant shall obtain electricity to receive electrical energy for (a) Tenant's reasonable use of normal office equipment and such lighting, electrical appliances and other machines and equipment as Landlord may reasonably permit to be installed in the Premises and (b) the operation of the heating, ventilating and air conditioning system serving the Premises. Landlord has installed, at Landlord's expense, a meter for the Demised Premises purpose of measuring electrical consumption on a direct meter basisthe fifteenth (15th) floor of the Building ("Tenant's Floor"). Landlord shall maintain, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by service, repair and, if necessary, replace such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed demand by Landlord, at shall pay to Landlord, as Additional Rent, an amount equal to 25.92% of the sole cost costs incurred by Landlord in connection with such maintenance, service, repair and expense of Tenant, unless, in Landlord’s reasonable judgment, replacement. Following the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risersCommencement Date, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease cause an electrical engineer or a utility consultant selected by giving written Landlord to make a survey of Tenant's connected power load and the connected power load of that portion of the rentable area of the Tenant's Floor not included within the Premises. Landlord, at Landlord's option, shall have the right, at any time and from time to time during the Term, to cause similar surveys to be made. The term "Tenant's Share" shall mean 25.92% or that percentage equal to Tenant's percentage of the aggregate of the connected power load for the entire rentable area of the Tenant's Floor as determined from time to time pursuant hereto, plus 5% of Tenant’s Share for Landlord administrative and overhead charges. The findings of Landlord's engineer or consultant shall be binding on Landlord and Tenant, subject to adjustment as hereinafter provided. Promptly after receipt by Landlord of a bxxx from the public utility company furnishing electrical energy to the Tenant's Floor, Landlord shall furnish to Tenant a copy thereof together with a request for payment to Landlord by Tenant of Tenant's Share of such bxxx. Tenant shall promptly pay to Landlord, as Additional Rent, Tenant's Share of such bxxx. In the event Tenant shall dispute any findings of the engineer or consultant designated by Landlord, Tenant may, within thirty (30) days of receiving notice of such findings, designate by notice to Landlord no later an independent electrical engineer or utility consultant to make, at Tenant's sole cost and expense, another determination of Tenant's connected power load. If the engineer or consultant selected by Tenant shall determine that Tenant's connected power load is less than as determined by Landlord's engineer or consultant and the seventieth two are unable to adjust such difference within twenty (70th20) consecutive day days after the determination made by Tenant's engineer or consultant is delivered to Landlord, the dispute shall be resolved by arbitration in accordance with Article 28. Pending a final determination pursuant to such arbitration, however, Tenant shall pay Landlord for such electrical energy based on the determination of Landlord's engineer or consultant' and, if it is determined that Tenant has overpaid, Landlord shall reimburse Tenant for any overpayment at the conclusion of such arbitration. In any such arbitration, the arbitrator to be appointed shall be an electrical engineer having at least five (5) years' experience in similar matters in New York City. Landlord will permit electrical risers, feeders and vacating no later than wiring in the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE Building serving the Premises to be used by Tenant to the extent that they are available, suitable, safe and within the plan and design capacities for Tenant as to both datesthe Building.

Appears in 1 contract

Samples: Lease (Vringo Inc)

Electricity. 14.01 Section 4.1. Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. As of the Commencement Date, Landlord shall furnish sufficient electricity to the Premises to enable Tenant to perform the Initial Alterations. From and after the Substantial Completion of Landlord’s Post-Delivery Work, Landlord shall furnish through risers which are dedicated for Tenant’s use a demand electrical load in the Demised Premises on of six (6) xxxxx per usable square foot (exclusive of the electricity to operate the Building Systems, the Exclusive Elevators, Tenant’s AC System (including the cooling tower and the AC Units), Tenant’s Communications Equipment (as hereinafter defined) and Tenant’s Generator (as hereinafter defined), if any, but inclusive of the electricity utilized by any Supplemental AC Systems serving the Premises), and in no event shall the electrical load in the Premises exceed such capacity. In addition to such demand electrical load, Landlord shall furnish sufficient electricity to operate the Building Systems, the Exclusive Elevators, Tenant’s AC System, Tenant’s Communications Equipment and Tenant’s Generator. Provided Tenant has submitted a direct meter basisload letter from Tenant’s engineer reasonably acceptable to Landlord justifying the need for additional electrical capacity, Landlord shall furnish such additional electrical capacity up to an additional one (1) watt per usable square foot demand load, provided that Landlord has such capacity available at the time of such request. Tenant may distribute such electric power across the Premises as it deems necessary, provided that, at the end of the Term, Tenant, at its expense, shall perform any work to ensure that each floor of the Premises has a demand load of at least six (6) xxxxx per usable square foot. Tenant shall be responsible for and pay not, without Landlord’s prior written consent in each instance, connect any fixtures, machinery, appliances or equipment to the applicable utility all charges for electricity as measured by such meterBuilding electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the demand load specified in this Section 4.1. Notwithstanding the foregoing, Landlord shall not be liable in any way be liable or responsible to Tenant for any loss interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser , whether by reason of any requirement, act or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at omission of the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to public utility serving the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb for any other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesreason.

Appears in 1 contract

Samples: Agreement of Lease (Squarespace, Inc.)

Electricity. 14.01 (a) Tenant shall obtain electricity for agrees to purchase all electric current (the "Demised Premises on Electric Current") consumed in the demised premises from Landlord or from a direct meter basiscompany (the "Meter Company") designated by Landlord. Landlord (or, at Landlord's option, Tenant shall be responsible for in a manner first submitted to and pay approved by Landlord) shall, at Tenant's sole cost and expense, make connection(s) to the applicable utility all charges for electricity as measured Building electric current riser(s) from which Demised Premises Electric Current shall emanate by such meter. installing equipment designated and/or approved by Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed at point(s) designated and/or approved by Landlord, including but not limited to (i), (ii) disconnect switch(es), and/or (iii) distribution/circuit breaker panel(s). Anything to the contrary contained in the immediately preceding sentence notwithstanding, Landlord, at the Landlord's sole cost and expense of Tenantexpense, unless, shall initially provide and install a submeter or submeters as determined by Landlord in Landlord’s reasonable judgment, 's sole discretion (such submeter(s) being hereinafter referred to as the same will cause permanent damage or injury "Meter") to measure the Building or the consumption of Demised Premises Electric Current. Landlord or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition Meter Company shall xxxx Tenant for Demised Premises Electric Current at such times as Landlord may elect (Tenant shall afford Landlord and Meter Company access to read the installation of Meter for each such riser or risers, Landlord will also at the sole cost billing) and expense of Tenant, install all other equipment proper and necessary Tenant shall pay each such xxxx in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord full within ten (10) days after of the rendering date Landlord or Meter Company renders the subject xxxx. If the Meter malfunctions Tenant shall be billed for Demised Premises Electric Current in an amount reasonably estimated by Landlord or Meter Company to be the amount Tenant would have been billed had the Meter functioned properly but not more than the amount billed for the prior billing period during which the Meter functioned properly (as reasonably adjusted for any change in seasons) unless there has been a significant increase in Tenant's hours of any xxxx operation or statement a significant addition to the Tenant therefor. Tenant shall make no alterations electricity operated machinery, equipment and appliances in the demised premises or additions to a utility rate increase, in either which event, the electric equipment and/or appliances without charge for the prior written consent of Landlord in each instance, which consent month or prior billing period shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything adjusted to the contrary herein, should electric service be interrupted account for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesincrease(s).

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Barnesandnoble Com Inc)

Electricity. 14.01 (a) Tenant acknowledges and agrees that there is no sub-meter or separate electrical meter in the Premises for the purpose of measuring Tenant’s use and consumption of electricity in the Premises. Tenant shall obtain electricity make direct payment to Landlord of Tenant’s Original Electrical Factor for the Demised Premises on a direct meter basisoperation of lights and plugs in the Premises. Landlord shall permit Landlord’s existing wires, Tenant shall pipes, risers, conduits and other electrical equipment of Landlord to be responsible used for and pay the purpose of providing electrical service to the Premises. Tenant covenants and agrees that its electrical usage and consumption will not disproportionately “siphon off” electrical service available to the Building and that its total connected load will not exceed the maximum load from time to time permitted by applicable utility all charges for electricity governmental regulations nor the design criteria of the existing Building electrical capacity. Except as measured by such meter. provided in Section 7.4(c), Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if if, during the Term of this Lease, either the quantity or character of electric service current is changed or electric current is no longer available or suitable for Tenant’s requirementsrequirements due to a factor or cause beyond Landlord’s control. Any additional riser Tenant shall purchase and install all lamps, tubes, bulbs, starters and ballasts. As provided in this Section 7.5 and in Section 9.2(b) below, Tenant shall pay all charges for electricity, HVAC and other utilities used or risers consumed in the Premises. Tenant shall bear the cost of repair and maintenance of any electric, water or gas meter used or to supply be installed in and serving exclusively the Premises. In the event Landlord, at its sole cost and expense, elects to install an electric meter serving the Premises, from and after such installation, Tenant shall pay for Tenant’s electrical requirements, consumption in the Premises based upon written request to Tenant, will be installed by Landlord, the usage shown on such meter and at the sole actual cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of charged for such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed electrical service by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes applicable utility provider and Tenant is able will have no further obligation to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datespay Tenant’s Original Electrical Factor.

Appears in 1 contract

Samples: And Attornment Agreement (Bladelogic Inc)

Electricity. 14.01 41.01 Tenant acknowledges and agrees that electric service shall obtain be supplied to the Premises on a “submetered basis” in accordance with the provisions of this Article 41. Electricity and electric service, as used herein, shall mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including but not limited to services which facilitate the distribution of service. From and after the Commencement Date, Landlord shall make available, at the combined electrical closets servicing the Premises, electricity for all purposes with an average capacity of not less than six (6) xxxxx demand load per usable square foot of the Premises (exclusive of electricity for the Demised Premises on a direct meter basisBuilding Systems serving the Premises, Tenant including, without limitation, the base Building HVAC system) which shall be responsible for distributed by Tenant at its sole cost and pay expense, subject to all other applicable provisions of 39 this Lease. From and after the applicable utility all charges for electricity as measured by such meter. Commencement Date, Landlord shall not in any way be liable or responsible make available to Tenant for any loss or damage or expense which Tenant may sustain or incur if either additional electrical capacity, provided that (i) there exist appropriate reserves to serve the quantity or character current and anticipated future needs of electric service is changed or is no longer available or suitable for Landlord and the other existing and future tenants of the Building, (ii) Landlord receives a load letter from Tenant’s requirements. Any engineer certifying that Tenant requires such additional riser or risers to supply Tenantelectrical capacity and that the load is not too excessive for the Building and its electrical equipment and (iii) Landlord is reimbursed by Tenant within thirty (30) days of Landlord’s request therefor for Landlord’s actual out-of-pocket cost of providing such additional electrical requirements, upon written request capacity to Tenant, will be installed by Landlordincluding, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgmentwithout limitation, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation actual out-of-pocket cost of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all installing any additional risers and/or other equipment proper and necessary in connection therewith subject with such provision of additional electricity. Subject to the aforesaid terms approval in accordance with Article 8 of Tenant’s plans therefor and conditions. compliance by Tenant covenants and agrees that at with all times its use other applicable provisions of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordthis Lease, Tenant shall have the right to terminate redistribute Tenant’s allocated electrical capacity within the Premises; provided, that if Tenant shall surrender any portion of the Premises prior to surrendering the entire Premises, Tenant shall perform any work required prior to such partial surrender so that the surrendered portion of the Premises has at least an average capacity of six (6) xxxxx demand load per usable square foot of the Premises or such greater amount as permitted by this Lease by giving written notice to Landlord no later than Section 41.01 (exclusive of electricity for the seventieth (70th) consecutive day and vacating no later than Building Systems serving the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesPremises, including, without limitation, the base Building HVAC system).

Appears in 1 contract

Samples: Agreement of Lease (UiPath, Inc.)

Electricity. 14.01 Tenant shall obtain electricity for At all reasonable times, electric service equal to the Demised Premises on a direct meter basisproduct of five (5) xxxxx per square foot multiplied by the rentable square feet of the Premises, excluding the wattage in connection with Building HVAC systems (the “wattage allowance”); provided, however, that: (i) without Landlord’s consent, Tenant shall not install, or permit the installation, in the Premises of any computers, word processors, electronic data processing equipment or other type of equipment or machines which will increase Tenant’s use of electric current in excess of the wattage allowance; (ii) if Tenant shall require electric service which may disrupt the provision of electrical service to other tenants or be responsible for in excess of the wattage allowance, Landlord may refuse to grant its consent or may condition its consent upon Tenant’s payment of the cost of installing and pay providing any additional facilities required to furnish such excess power to the applicable utility all charges for electricity as measured by such meter. Landlord shall not Premises and upon the installation in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character Premises of electric service is changed or is no longer available or suitable current meters to measure the amount of electricity consumed, in which latter event Tenant shall pay for the cost of such meter(s) and the cost of installation, and repair thereof, as well as for all excess electric current consumed at the rates charged by the applicable local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electricity so consumed; and (iii) if Tenant’s requirements. Any additional riser increased electrical requirements will materially affect the temperature level in the Premises or risers to supply the Building, Landlord’s consent may be conditioned upon Tenant’s electrical requirements, upon written request requirement to Tenant, pay such amounts as will be installed incurred by Landlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, at the sole cost and expense of Tenantincluding, unless, in Landlord’s reasonable judgmentbut not limited to, the same will cause permanent damage or injury cost of modifications to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditionsair conditioning system. Tenant covenants and agrees that at all times time its use of electric current shall never exceed the capacity of the feeders to feeders, risers or electrical installations of the Building. If submetering of electricity in the Building will not be permitted under future laws or regulations, the risers Rent will then be equitably and periodically adjusted to include an additional payment to Landlord reflecting the cost to Landlord for furnishing electricity to Tenant in the Premises. Notwithstanding the foregoing, any electricity consumed by Tenant in connection with any dedicated or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted supplemental heating, ventilating and/or air conditioning, computer power, telecommunications and/or other special units or systems of Tenant (including, without limitation, the equipment specified in (1) Item 4 of Exhibit B-2 attached hereto, and agreed by (2) clause (ii) of the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and Alternates set forth in Exhibit B-2 attached hereto), shall be paid separately metered and the cost of such electricity shall be payable by the Tenant to the Landlord within ten thirty (1030) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of billing by Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 1 contract

Samples: Office Lease (Guidance Software, Inc.)

Electricity. 14.01 Tenant Electricity to the Premises shall obtain be separately metered and all utility charges for lights, plugs and so-called heat pumps serving the Premises shall be billed directly to, and paid by, Tenant. If in Landlord's judgment, Tenant's use of electricity for in excess of normal office usage shall result in an additional burden on the Demised Premises Building's utility systems or additional cost on a direct meter basisaccount thereof, as the case may be, Tenant shall upon demand reimburse Landlord for all additional costs related thereto. Landlord, at Tenant's expense, shall replace and install all ballasts, lamps and bulbs (including, but not limited to, incandescent and fluorescent) used in the Premises. All such replacements shall be responsible for of a type, color and pay to the applicable utility all charges for electricity size as measured shall be designated by such meterLandlord. Landlord shall not in any way be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either the quantity quantity, character, or character supply of electric service electricity is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser Tenant shall pay directly to the proper authorities charged with the collection thereof all charges for water, sewer, gas, electricity, fire protection and other utilities used or risers to supply Tenant’s electrical requirementsconsumed on the Premises by Tenant or any party claiming by, upon written request to through or under Tenant, will whether called charge, tax, assessment, fee or otherwise, all such charges to be installed by Landlord, at paid as the sole cost and expense of Tenant, unless, same from time to time become due. To the extent included in Landlord’s reasonable judgment's T.I. Work, the same will cause permanent damage Landlord shall install or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to arrange for the installation of such riser or risers, Landlord will also at utilities serving the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office usePremises. It is further covenanted understood and agreed that Tenant shall make its own arrangements for obtaining service from such utilities and that Landlord shall not be liable for any interruption or failure in the supply of any such utilities to the Premises. If Tenant is not charged directly by the respective utility for any of such utilities or services, Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant from time to the Landlord time, within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord's invoice therefor, Tenant shall have the right to terminate this Lease by giving written notice pay to Landlord no later than such charges and services from the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesutility company.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Genzyme Transgenics Corp)

Electricity. 14.01 Subject to Section 4.2, Landlord shall furnish to Tenant shall obtain throughout the Term electricity for the Demised operation of lighting fixtures, and electrical current for the operation of normal office fixtures and equipment and Tenant's trade fixtures and equipment described in Tenant's approved Plans. Tenant shall pay Landlord, as additional rent, for the use of such electricity. Such payments shall be made in monthly installments at the time prescribed for monthly installments of Annual Fixed Rent, and shall be in the amount of Tenant's allocable share of the cost of electricity metered to premises which include the Premises on a direct meter basis(as reasonably determined by Landlord) at the rates charged to Landlord therefor by the applicable public utility. Notwithstanding the foregoing, after all or any portion of Area A has been added to the Premises, Tenant shall be responsible for and pay directly to the applicable utility company all charges for electricity as measured metered to the Premises. Further notwithstanding the foregoing, after all or any portion of Area B has been added to the Premises, Tenant shall pay directly to the applicable utility company all charges for electricity metered to Area B. If Tenant requires electricity in excess of that supplied by Landlord, Landlord shall, upon request, cooperate with Tenant, at Tenant's expense, in the installation of any equipment, wiring, conduits, and the like required for such meter. electricity to the Premises provided that Tenant shall reimburse Landlord for all additional costs incurred and further provided that Landlord shall not in be required to take any way be liable action which is inconsistent with applicable law, insurance regulation, or responsible to Tenant for any loss that entails excessive or damage unreasonable alterations or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury repairs to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere interference with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity occupants of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesBuilding.

Appears in 1 contract

Samples: Lease (Cascade Communications Corp)

Electricity. 14.01 Tenant Landlord shall obtain redistribute or furnish electricity to or for the Demised use of Tenant in the Premises on for the operation of Tenant’s electrical systems and equipment in the Premises, at a direct meter basislevel sufficient to accommodate a demand load of six xxxxx of electricity per useable square foot of office space in the Premises (exclusive of electricity required to operate the base-Building HVAC System). Subject to the last sentence of this Section, Tenant shall be responsible for and pay to Landlord, on demand from time to time, but not more than monthly, for its consumption of electricity at the applicable utility all charges Premises, as Additional Rent for electricity as measured such service from and after the Commencement Date, a sum equal to 103% of the product obtained by multiplying (x) the Cost Per Kilowatt Hour, by (y) the actual number of kilowatt hours of electric current consumed by Tenant in such meterbilling period. Landlord shall not install a meter or meters, at Tenant’s expense, to measure Tenant’s consumption of electricity in any way the Premises, which meters shall be liable or responsible maintained by Landlord at Tenant’s expense. Where more than one meter measures Tenant’s consumption of electricity in the Premises, the electricity measured by each meter shall be computed and billed separately in accordance with the provisions set forth above. Bills for such amounts shall be rendered to Tenant at such times as Landlord may elect. The rate to be paid by Tenant for submetered electricity shall include any loss taxes or damage other charges in connection therewith. If any tax is imposed upon Landlord’s receipts from the sale or expense which Tenant may sustain or incur if either the quantity or character resale of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request electricity to Tenant, will be Tenant shall reimburse Landlord for such tax, if and to the extent permitted by law. For any period during which such meter or meters are not installed by Landlord, at or are not operational in the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgmentPremises, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, monthly Fixed Rent shall xxxxx until such service resumes be increased by an amount equal to the product of (A) $.2916, subject to adjustment for any increases in electric rates or taxes, and (B) the number of rentable square feet in the Premises affected. No Building System shall be connected to Tenant’s electric meters. Tenant is able to resume may at its own expense retain the use of at least seventy-five (75%) percent manufacturer of the Demised Premises. Should electrical submeters serving the Premises to monitor and confirm the accuracy of such service interruption prevent Tenant from using submeters and may at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesits own expense repair or replace such submeters.

Appears in 1 contract

Samples: Lease (Greenhill & Co Inc)

Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electrical energy furnished to the Leased Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity. Tenant's use of electrical energy in the Leased Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Leased Premises as shown on Landlord's Building Plans. Tenant shall not install or operate in the Leased Premises any electrically operated equipment which uses electric current in excess of the capacity of the feeders and panel boards serving the Leased Premises as shown on Landlord's Building Plans without Landlord's written consent, which consent may be conditioned upon Tenant's agreement to pay the cost of any additional wiring which may be required for the operation of such equipment. In order to insure that such capacity is not exceeded and to avert a possible adverse effect upon the Building electrical service is changed or is no longer available or suitable for Tenant’s requirementsTenant shall give notice to Landlord whenever Tenant shall connect to the Building electrical distribution system any electrically operated equipment other than lamps, typewriters and similar small office machines. Any additional riser feeders or risers to supply Tenant’s 's electrical requirementsrequirements in addition to those originally installed, upon written request to Tenantand all other equipment proper and necessary in connection with such feeders or risers, will shall be installed by LandlordLandlord upon Tenant's request, at the sole cost and expense of Tenant, unlessprovided that, in Landlord’s 's reasonable judgment, such additional feeders or risers are permissible under applicable laws and insurance regulations and the same installation of such feeders or risers will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants of the Building. All Floors occupied entirely by Tenant shall be separately metered or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost sub-metered for electricity and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity parts of the feeders to the Building Leased Premises, may, at Landlord's option, be separately metered or the risers or wiring installation which Landlord represents is sufficient sub-metered for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforelectricity. Tenant shall make no alterations pay (or additions reimburse Landlord for) the cost of purchasing and installing separate electric meters or sub-meters for each whole Floor and each part of a Floor included in the Leased Premises, and for any other part of the Leased Premises which Landlord elects to have metered or sub-metered. Tenant shall pay directly to the electric equipment and/or appliances without the prior written consent of Landlord public utility company all charges for electricity used by Tenant in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent all parts of the Demised PremisesLeased Premises which are separately metered, Fixed Rent or Tenant shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent reimburse Landlord directly for its electrical usage in all parts of the Demised PremisesLeased Premises which are sub-metered. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant Landlord shall have the right from time to terminate this Lease time to have a survey made by giving written notice an independent electrical engineer or electrical consulting firm to be selected and paid for by Landlord no later than to determine the seventieth (70th) consecutive day and vacating no later than amount of electricity consumed by Tenant in the ninetieth (90th) consecutive dayparts of the Leased Premises which do not consist of an entire Floor. TIME BEING OF THE ESSENCE for Tenant shall pay to Landlord, at monthly intervals upon receipt of an invoice therefor, the cost of electricity it consumes in the parts of the Leased Premises which do not consist of an entire Floor as to both datesdetermined by such electrical engineer or consulting firm.

Appears in 1 contract

Samples: Icf Kaiser International Inc

Electricity. 14.01 Electricity to the Premises shall be separately --------------------------- metered and Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meterconsumed in the Premises directly to the electricity provider. Landlord Tenant shall at all times comply with the rules and regulations of the utility company supplying electricity to the Building. Tenant shall not in use any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementselect equipment, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlesswhich, in Landlord’s 's reasonable judgment, would exceed the same will cause permanent damage average electrical load for the Building electrical system or injury would interfere with electrical service to other tenants of the Building. Tenant shall not make or perforin, or permit the making or performance of, any alterations, modifications, or repairs to wiring installations or other electrical facilities in or ser-ving the Premises, or make any additions to the Building or electrical equipment in the Demised Premises or cause or create a dangerous or hazardous condition or interfere Premises, without the prior consent of Landlord, in each instance, and in compliance with or disturb other tenants or occupantsthis Lease. In addition to the installation of such riser or risersIf in Landlord's good faith Judgment, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its 's use of electric current electricity in excess of normal office usage shall never exceed result in an additional burden on the capacity of Building's utility systems or additional cost on account thereof, as the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the case may be, Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord shall, within ten (10) days after demand, reimburse Landlord for all additional costs related thereto. Landlord, at Tenant's expense, shall replace and install all ballasts, lamps and bulbs (including, incandescent and fluorescent) used in the rendering Premises. All such replacements shall be of any xxxx or statement a type, color and size as shall be determined in good faith by Landlord to be consistent with the Tenant thereforBuilding's standards. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheldliable in any way to Tenant for any failure, conditioned defect or delayed. Notwithstanding anything interruption of, or change in the supply, character and/or quantity of, electric service furnished to the contrary hereinPremises for any reason, should electric service except only to the extent caused by the gross negligence or willful misconduct of Landlord; nor shall there be interrupted any allowance to Tenant for a period diminution of more than five (5) consecutive business days through rental value, nor shall the sole fault same constitute an actual or constructive eviction of Tenant, in whole or in part, or relieve Tenant from it's obligation to pay Rent or from any of its obligations under this Lease; and no liability shall arise on the part of Landlord so as by reason of inconvenience, annoyance or injury to prevent Tenant from using at least seventy-five (75%) percent business, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Landlord. Landlord shall use reasonable efforts to minimize interference with Tenant's use and occupancy of the Demised PremisesPremises as a result of any such failure, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume defect or interruption of, or change in the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordsupply, Tenant character and/or quantity of, electric service, provided that Landlord shall have the right no obligation to terminate this Lease by giving written notice employ contractors or labor at overtime or other premium pay rates or to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesincur any other overtime costs or additional expenses whatsoever.

Appears in 1 contract

Samples: Lease Metro (International Wireless Inc)

Electricity. 14.01 Section 13.1 Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity for to the Demised Building. The risers serving the Premises on a direct meter basisshall be capable of supplying six (6) xxxxx of electricity per usable square foot of the Premises and Tenant shall not use any electrical equipment which, in Landlord's reasonable judgment, would exceed such capacity or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord's reasonable judgment, Tenant's electrical requirements necessitate installation of an additional riser, risers or other proper and necessary equipment, Landlord shall so notify Tenant of same. Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electricity capacity (specifying the amount requested) be responsible for made available to Tenant. Landlord, in Landlord's reasonable judgment (taking into consideration the potential needs of present and pay future tenants of the Building and of the Building itself) shall determine whether to make available such additional electricity capacity to Tenant and the applicable utility all charges for amount of such additional electricity as measured by such metercapacity to be made available. If Landlord shall not in agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either switchgear, the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will same shall be installed by Landlord, . Any such installation shall be made at the Tenant's sole cost and expense of Tenantexpense, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are be chargeable and collectible as Additional Rent additional rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering rendition of any a xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned liable in any way to Tenant for any failure or delayed. Notwithstanding anything defect in the supply or character of electric service furnished to the contrary hereinPremises by reason of any requirement, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent act or omission of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume utility serving the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises Building or for more than sixty (60) days and be due any other reason not attributable to the sole fault gross negligence of Landlord, Tenant shall have the right to terminate this Lease whether electricity is provided by giving written notice to Landlord no later than the seventieth (70th) consecutive day public or private utility or by any electricity generation system owned and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesoperated by Landlord.

Appears in 1 contract

Samples: PSW Technologies Inc

Electricity. 14.01 Section 4.1 Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the Building. Tenant agrees that at no time will the electrical connected load in the Premises exceed in the aggregate six (6) xxxxx per rentable square foot, exclusive of the HVAC System. Upon Tenant’s request and at Tenant’s expense, Landlord shall cooperate with Tenant if Tenant wishes to obtain electricity from the electric service provider for the Demised Premises on a direct meter basisBuilding additional electrical power for the Premises, so long as such additional electrical power is reasonably required for Tenant to conduct its business in the Premises. If the electric service provider to the Building requires that Tenant use the electrical capacity available in the Building (if any) for Tenant’s additional electrical requirements, Landlord will then permit such use, provided that Tenant consults with Landlord’s engineer, at Tenant’s cost, in connection with Tenant’s electrical design and distribution for the Premises. If Landlord, for any reason, subsequently requires such additional Building electrical capacity made available by Landlord to Tenant, Landlord, at Tenant’s cost, shall obtain for the Building from the electric service provider the same additional amount of additional electrical capacity made available by Landlord to Tenant. Tenant shall reimburse Landlord, if required, for the installation of any additional risers or other equipment to enable Landlord to continue to furnish adequate electrical power throughout the Building. Landlord shall have no liability to Tenant if either Landlord or Tenant is unable to obtain any additional electric power requested by Tenant. Tenant shall not, without Landlord’s prior written consent in each instance, not to be responsible for and pay unreasonably withheld, conditioned or delayed, connect any fixtures, machinery, appliances or equipment to the applicable utility Building electric distribution system or make any alteration or addition to Tenant’s machinery, appliances or equipment, or the electric system of the Premises, if the effect thereof would be to increase the electrical load in the Premises over the load specified in this Section 4.1, as such load may have been increased in accordance with the provisions of this Section 4.1. Should Landlord grant such consent, all charges for electricity as measured additional risers or other equipment required therefor shall be provided by such meterLandlord and the reasonable cost thereof shall be paid by Tenant within 30 days after Landlord’s demand. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss interruption or failure or defect in the supply or character of electric service furnished to the Premises or for any loss, damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser , whether by reason of any requirement, act or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at omission of the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to public utility serving the Building or for any other reason, other than the Demised Premises negligence or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent willful misconduct of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesits agents.

Appears in 1 contract

Samples: Agreement of Lease (Digitas Inc)

Electricity. 14.01 Tenant Except as hereinafter provided to the contrary, Landlord shall obtain cause electricity for to be made available to the Demised Premises on for the normal use of lighting and for other items such as (but not limited to) lamps, typewriters and small office equipment not requiring a direct meter basisseparate circuit (small computers included), and not for any other equipment or installations. As Additional Rent hereunder, Tenant shall pay monthly, commencing with the Lease Commencement Date, one-twelfth (1/12) of Tenant's Proportionate Share of Landlord's Electrical Expense (as defined in Section 1 above) of the total electrical service costs for the Building and the Property (hereinafter "Landlord's Electrical Expense") as the same shall be responsible for and pay billed by Landlord, following receipt by Landlord of electricity bills with respect to the applicable Building, provided, that Tenant shall always pay an amount which is no less than one-twelfth (1/12) of the product of (i) the Initial Electric Charge set forth in Section 1 above and (ii) Tenant's Rentable Square Footage, which amount shall be payable from the Lease Commencement Date unless and until increased pursuant hereto. In the event Landlord permits any tenant in the Building to separately meter its electricity usage, Tenant's Proportionate Share of Landlord's Electrical Expense shall be adjusted to reflect the ratio of (i) Tenant's Rentable Square Footage to (ii) the total rentable square footage of the Building minus the rentable floor area of any separately metered tenants. Any payments to Landlord or to the appropriate utility all charges company by separately metered tenants attributable to electricity consumption in any part of the Building and/or the Property shall directly reduce Landlord's Electrical Expense accordingly, on a dollar for electricity as measured by such meterdollar basis. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers electricity furnished to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises by reason of any requirement, act or cause omission of the public utility serving the Property with electricity or create a dangerous or hazardous condition or interfere with or disturb for any other tenants or occupantsreason not within the control of Landlord. In addition Landlord shall replace all lighting tubes, lamps, bulbs and ballasts required in the Demised Premises, at Tenant's expense. All lighting, electrical and kitchen appliances and office equipment to be initially installed in the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith Demised Premises shall be subject to the aforesaid terms and conditionsLandlord's prior written consent. Tenant covenants and agrees that at all times its Tenant's use of electric current electricity in the Demised Premises shall never not, at any time, exceed the capacity of any of the feeders electrical conductors and equipment in or serving the Demised Premises. Tenant shall not, without Landlord's prior consent in each instance, connect any additional or different fixtures, appliances or equipment (other than lamps, typewriters, word processors, copier machines, fax and telex machines and equipment not requiring a separate circuit) to the Building Building's electricity distribution system or make any alteration or addition to the electricity distribution system of the Demised Premises. All additional risers or wiring installation which other equipment required in connection with any alterations made to such electricity distribution systems on behalf of Tenant shall be provided by Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and cost thereof shall be paid by the Tenant upon demand by Landlord. If any additional fixtures, appliances or equipment (other than lamps, typewriters, word processors, copier machines, fax and telex machines and small office equipment not requiring a separate circuit) shall be connected to the Landlord within ten (10) days after Building's electricity distribution system or any alteration or addition to the rendering electricity distribution system of the Demised Premises shall be made by or on behalf of Tenant and if the Demised Premises are not separately metered, forthwith upon the occurrence of any xxxx such events, Tenant's Proportionate Share of Landlord's Electrical Expense shall be increased by an amount which will reflect the additional electricity to be consumed by Tenant. If Landlord and Tenant cannot agree thereon, the amount of such increase shall be determined by a reputable, independent licensed electrical engineer, to be selected by Landlord and reasonably acceptable to Tenant whose fees or statement charges shall be included as Operating Expenses for the year in question. When the amount of such increase is so determined, Tenant shall pay to Landlord, on demand, the amount thereof retroactive to the date of the occurrence. If Tenant thereforrequires the use of electricity during hours significantly greater than the normal office hours referred to in Section 20 below, the same shall be supplied by Landlord at the published rate therefor from time to time in effect. The xxxx for such extra electricity will be billed by Landlord to Tenant as Additional Rent hereunder at $25.00 per hour. If any tax is imposed upon Landlord with respect to electrical energy furnished to Tenant by any federal, state or municipal authority, Tenant, unless prohibited by law or by any governmental authority having jurisdiction thereover, shall make no alterations pay to Landlord, on demand, Tenant's pro rata share of any and all such taxes. It is agreed and understood, that at Landlord's election, or additions to the electric equipment and/or appliances without the prior written consent of Landlord if requested in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of writing by tenants leasing more than five fifty (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (7550%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent total rentable square footage of the Demised PremisesBuilding, Landlord shall engage a qualified consultant to survey electricity usage. Should Those tenants consuming more than their proportionate share thereof shall pay an additional monthly charge to cover each such service interruption prevent Tenant from using at least seventy-five (75%) tenant's excess consumption. Costs of the Demised Premises survey and the con- sultant shall be included as the Operating Expenses for more than sixty (60) days and be due the year in question. If Tenant believes that Tenant's electricity consumption is disproportionately low, as compared to the sole fault Tenant's Proportionate Share of Landlord's Electrical Expense, Tenant shall have the right right, at Tenant's sole cost and expense, to terminate this Lease have the usage of all tenants in the Building surveyed by giving written notice an independent licensed electrical engineer familiar with commercial office buildings in Stamford, Connecticut, and if said survey shall show the same to be disproportionate by more than ten (10%) percent, then Tenant's Proportionate Share of Landlord's Electrical Expense shall be adjusted accordingly. Landlord no later than the seventieth (70th) consecutive day may at any time install a demand watt hour check meter to monitor Tenant's lighting and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dateswall outlet electricity consumption.

Appears in 1 contract

Samples: Marine Management Systems Inc

Electricity. 14.01 Tenant SECTION 6.01. Landlord has and reserves the exclusive right to and shall obtain electricity for (a) select one or more entity companies each an ("Electric Company") to provide electrical service to the Demised Project and (b) furnish electric current to the Premises, inclusive of the HVAC Systems furnishing HVAC Services to the Premises on a direct submetering basis and Tenant agrees to purchase such electric current from Landlord or Landlord's designated agent at terms and rates set, from time to time, during the Term by Landlord. Tenant shall not be required to pay Landlord more than the amount calculated by applying to the measured demand and/or usage of electric current in or furnished to the Building, the average rate per unit of measurement, inclusive of applicable taxes, surcharges, demand charges, energy charges, fuel adjustment charges, time of day charges and other charges, payable by Landlord for electric current furnished to the Premises by the utility (public or private) servicing the Building. No meter basismeasuring electric current furnished to the Premises shall measure electric current furnished to any other area within the Project, and if it does, Tenant shall be responsible have no obligation to pay for and pay to the applicable utility all charges for electricity as any electric current it may utilize which is measured by such meter. Landlord Such meter shall not in any way include electric current to provide HVAC Services within the Premises unless the HVAC System services the Premises exclusively. If more than one meter shall be liable or responsible used to Tenant for any loss or damage or expense which Tenant may sustain or incur if either measure electric current furnished to the quantity or character of Premises, such electric service is changed or is no longer available or suitable shall be computed cumulatively for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to all such meters unless Tenant, will if it were purchasing electric current directly from the utility, would have been required to use and be installed by billed separately for more than one meter therefore pursuant to Requirements. Should any tax or charge in the nature thereof (not constituting an income tax) be imposed upon Landlord, at 's receipt from the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage sale or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use resale of electric current shall never exceed the capacity of the feeders to the Building or Premises, then the risers or wiring installation pro rata share thereof allocable to the electric current furnished to the Premises shall be passed on to and paid by Tenant. Bills for such metered utilization of electric current and all other accessory charges as heretofore indicated shall identify all meters measuring electric current furnished to the Premises to which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent such xxxx relates and shall be paid by the Tenant to the Landlord within ten not more than thirty (1030) days after being billed therefor by Landlord. Such bills shall (a) shall specify the rendering meter readings of any each meter recording the electrical current consumed in or with respect to the Premises, (b) shall be accompanied by the utility company's xxxx or statement bills with respect to charges for the same period (or periods, or the applicable portions of each) as the foregoing xxxx being furnished by Landlord to the Tenant thereforTenant, and (c) shall be rendered monthly or at such less frequent intervals as Landlord may determine. Tenant shall make no alterations or additions Landlord reserves the right to discontinue furnishing electric current to the electric equipment and/or appliances without Premises on not less than 30 days notice to Tenant or upon such shorter notice as may be required by order or other action of a Governmental Authority or by Requirement. In such event, this Lease shall continue in full force and effect and shall be unaffected thereby except only that from and after the prior written consent effective date of such discontinuance, Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything obligated to furnish electric current to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should No such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due discontinuance shall effect a reduction in Rental. If pursuant to the sole fault of Landlordforegoing, Landlord shall discontinue furnishing electric current to the Premises, Tenant shall have arrange to obtain electric current directly from the right utility serving the Building. Such electric current may be furnished to terminate this Lease the Premises by giving written notice such utility by means of the then existing Building feeders, risers and wiring (including any meters measuring such consumption utilized for such purpose at the time) to the extent that the same are available, suitable and safe for such purpose. All other additional panel boards, meters, feeders, risers, wiring and other conductors and equipment required to obtain electric current to the Premises of substantially the same quantity, quality and character from such utility shall be installed by Landlord. Landlord no later than shall pay the seventieth (70th) consecutive day cost thereof. Unless required to do so by Governmental Authority or by applicable law, Landlord shall not discontinue furnishing electric current to the Premises until, provided Tenant acts diligently in doing so, Tenant has obtained an alternative electric energy source from the utility serving the Building, and vacating no later than unless it shall make a similar election with regard to substantially all other of its tenants within the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesBuilding.

Appears in 1 contract

Samples: Agreement of Lease (Toymax International Inc)

Electricity. 14.01 15.2.1 Throughout the Term, Landlord agrees to redistribute electrical energy to the Premises (not exceeding the present electrical capacity at the Premises), upon the following terms and conditions: (1) Tenant shall obtain electricity pay for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity such electrical energy as measured provided by such meter. this paragraph 15.2.1; (2) Landlord shall not be liable in any way be liable to Tenant, Tenant's agents, servants, employees, invitees or responsible to Tenant licensees, for any loss or damage loss, damage, or expense which Tenant Tenant, Tenant's agents, servants, employees, invitees or licensees, may sustain or incur if either as a result of any failure, defect, or change in the quantity or character of electric service is changed electricity furnished to the Premises, except to the extent caused by Landlord’s gross negligence or willful misconduct, or if such quantity or character of electricity furnished to the Premises is no longer available or suitable for Tenant’s requirements. Any additional riser 's requirements or risers due to any cessation, diminution or interruption of the supply thereof; (3) Tenant’s electrical requirements, upon written request to Tenant, will consumption of electricity shall be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed measured by the Tenant that all submeter currently installed in the aforesaid costs and expenses are chargeable and collectible as Additional Rent and Premises which submeter shall measure only the electricity consumed in the Premises (the reading of which submeter shall be paid for by Tenant), and Tenant shall pay for its consumption of electricity as shown on such submeter at the Tenant rate paid by Landlord from time to time to the Landlord public utility company, within ten (10) days after Landlord gives Tenant an invoice therefor. The submeter shall not be removed by Tenant upon its surrender of the rendering of Premises. If Tenant leases any xxxx or statement space in the Building in addition to the Tenant therefor. Tenant Premises and Tenant’s electrical usage in such space is not measured by the submeter Landlord shall have the right, at Tenant’s expense, to cause an independent electrical engineering consultant selected by Landlord and reasonably acceptable to Tenant, to make no alterations or additions to a survey of the electric power demand of the electric lighting fixtures and the electric equipment and/or appliances without of Tenant used in such space to determine the prior written consent average monthly electric consumption thereof. The findings of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything said consultant as to the contrary herein, should average monthly electric service consumption of Tenant shall be interrupted for a period of more than five (5) consecutive business days through conclusive and binding on the sole fault of parties hereto. Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right at any time during the Term, at Tenant's expense, to terminate this Lease cause such non-submetered electrical usage in such space to be re-surveyed. In the event that such re-survey shall indicate increased or decreased electrical consumption from that established by giving written notice the prior survey, there shall be an appropriate adjustment in the amount paid by Tenant to Landlord no later than for Tenant's electrical consumption in accordance with the seventieth results of the new survey, as well as an adjustment retroactive to the date of Tenant's increase or decrease in electrical consumption, as established by the prior survey. All such amounts shall be treated as Additional Rent due hereunder; (70th4) consecutive day in the event that there shall be an increase or decrease in the rate schedule of the public utility for the supply of electric energy to the Building or the imposition of any tax with respect to such electric energy or increase in such tax following the Commencement Date, the Additional Rent payable hereunder shall be equitably adjusted to reflect the resulting increase, decrease, or tax; (5) Tenant shall be responsible for replacing all light bulbs, fluorescent lamps, non-building standard lamps and vacating no later than bulbs, and all ballasts used by Tenant in the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesPremises.

Appears in 1 contract

Samples: Agreement of Lease (Columbia Laboratories Inc)

Electricity. 14.01 (a) As long as Tenant is not in default in the payment of any rent or the performance of any covenants of this lease on Tenant’s part to be performed, Landlord shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay furnish to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable demised premises Standard Electrical Service for Tenant’s requirements. Any additional riser or risers to supply Tenant’s requirements for lighting and electrical requirements, upon written request to Tenant, will be installed by Landlord, at appliances and equipment within the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsdemised premises. In addition to the installation annual rental rate as specified on the front page of such riser or risersthis Lease and additional rent as specified elsewhere herein, Landlord will also Tenant shall pay for the electricity used in the demised premises at the rate of $1,570.50 per annum, payable in equal monthly installments of $130.88, and the aforesaid amount shall be deemed further additional rent and shall be paid on the first day of each and every month. Landlord reserves the right to have an electrician survey the demised premises (at Landlord’s sole cost and expense expense) to determine the actual electric consumption of Tenant. In the event the survey indicates that Tenant’s actual electric consumption exceeds the foregoing amount, install all other equipment proper and necessary in connection therewith subject to Tenant shall pay the aforesaid terms and conditionsincreased amount as additional rent from the date of the survey through the expiration of the term of this Lease. Tenant covenants and also agrees that at to purchase from Landlord or its agent all times its lamps, starters, ballasts or bulbs used in the demised premises. Tenant’s use of electric current electricity in the demised premises shall never be for the operation of lighting, business machines such as personal computers and other small office machines and lamps, and shall not at any time exceed the capacity of any of the feeders electrical conductors and equipment in or otherwise serving the demised premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the building electric service, Tenant shall not, without Landlord’s prior written consent in each instance, connect any additional fixtures, appliances or equipment (other than lamps, personal computers, and similar small office machines) to the Building building’s electric distribution system or make any alteration or addition to the electric system of the demised premises existing at the commencement of the term of the lease. Should Landlord grant such consent, all additional risers or wiring installation which other equipment required therefor shall be installed by Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and cost thereof shall be paid by the Tenant upon Landlord’s demand. As a condition to granting such consent, Landlord may require that the Landlord within ten (10) days after Tenant agree to an increase in the rendering of any xxxx or statement fixed rent by an amount which will reflect the value to the Tenant therefor(determined by the current public utility rates for direct purchase by Tenant) of the additional services to be furnished by the Landlord. Tenant shall make no alterations or additions If the public utility rate schedule for the supply of electric current to the building shall be increased or decreased during the term of this lease, the amount defined in this Paragraph as Tenant’s cost for electricity shall be equitably adjusted to reflect the resulting increase or decrease in Landlord’s cost of furnishing electric equipment and/or appliances without service to the prior demised premises. Landlord reserves the right to discontinue furnishing electric energy to the Tenant in the demised premises at any time upon not less than thirty (30) days’ written consent notice to the Tenant. If Landlord exercises such right of termination, this lease shall continue in full force and effect and shall be unaffected thereby except only that from and after the effective date of such termination Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything obligated to furnish electric energy to the contrary herein, should Tenant and the Tenant’s cost for electricity under this Paragraph shall be adjusted to reflect the resulting decrease in Landlord’s cost of furnishing electric service be interrupted for a period of more than five (5) consecutive business days through to the sole fault of demised premises. If Landlord so as discontinues furnishing electric service to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordTenant, Tenant shall have arrange to obtain electric energy directly from the right public utility company furnishing electric services to terminate this Lease the building. Such electric energy may be furnished to Tenant by giving written notice means of the then existing building system feeders, risers and wiring to the extent that same are available, suitable and safe for such purposes. All meters and additional panel boards, feeders, risers, wiring and other conductors and equipment which may be required to obtain electric energy directly from such public utility company shall be installed by the Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesat Tenant’s expense.

Appears in 1 contract

Samples: Tetragenex Pharmaceuticals, Inc.

Electricity. 14.01 Tenant shall obtain electricity Owner agrees to install at Owner’s cost sub-meters for the Demised Premises measurement of electricity consumed on the demised premises. Tenant covenants and agrees to purchase the same from Owner or Owner's designated agent at terms, rates and charges set by Owner but such rates shall not exceed those charged to the Building by the public utility and/or alternate supplier servicing the Building plus a direct 8% surcharge. In addition, Owner may bxxx Tenant, and Tenant will pay as additional rent the charges of the service company for reading the meter. Where more than one meter basismeasures the service of Tenant in the building, Tenant the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefor shall be responsible for rendered at such times as Owner may elect (not more than once monthly) and pay the amount as computed from a meter, shall be deemed to the applicable utility all charges for electricity be, and be paid as measured by such meteradditional rent. Landlord Owner shall not in any way be liable or responsible to Tenant for any loss or damage or expense expenses which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser or risers to supply Tenant’s 's electrical requirements, upon written request to of Tenant, will be installed by Landlord, Owner at the sole cost and expense of Tenant, unless, if in Landlord’s Owner's reasonable judgment, the same are necessary and will not cause permanent damage or injury to the Building building or the Demised Premises demised premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord risers Owner will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the building, risers or wiring installation which Landlord represents is sufficient for ordinary office use6 wxxxx per rentable square foot. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent additional rent and shall be paid by the Tenant to the Landlord Owner within ten thirty (1030) days after the rendering rendition of any xxxx bxxx or statement to the Tenant therefor. Owner may discontinue any of the aforesaid services on not less than thirty (30) days’ notice to Tenant without being liable to Tenant therefor or without in any way affecting this Lease or the liability of Tenant hereunder or causing a diminution of rent and the same shall not be deemed to be lessening or diminution of services within the meaning of any law, rule, regulation now or hereafter enacted, promulgated or issued. Owner will not voluntarily discontinue furnishing electricity to Tenant until Tenant is able to receive electricity directly from the public utility or other company servicing the building, but Tenant upon notice from Owner will proceed diligently to make provisions to as to receive electricity directly. In the event Owner gives such notice of discontinuance Owner shall permit Tenant to receive such service direct from said public utility or other service provider. Tenant shall make no alterations alteration or additions to the electric equipment and/or appliances without the prior written consent of Landlord Owner in each instance, which consent shall not to be unreasonably withheld, conditioned or delayed. Notwithstanding anything Rigid conduit only will allowed. If any tax imposed upon Owner's receipt from the sale or resale of electrical energy or gas or telephone service to Tenant by any Federal, State or Municipal Authority, Tenant covenants and agrees that where permitted by law, Tenant's pro rata share of such taxes shall be passed onto, and included in the contrary hereinbxxx of, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as and paid by, Tenant to prevent Tenant from using at least seventy-five (75%) percent Owner. The Tenant's proportionate part of the Demised Premisescurrent consumed in the common halls and toilets on the floor containing the demised premises, Fixed Rent shall xxxxx until be fixed by meter or by apportioning the total current consumed in such service resumes and common areas on the floor containing the demised premises, it being understood that if the Tenant is able to resume occupies the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordentire floor, Tenant shall have pay for all the right to terminate this Lease by giving written notice to Landlord no later than current consumed in the seventieth aforementioned common areas on said floor. Tenant shall pay Owner Tenant’s proportionate share of the cost of Building electric current (70th) consecutive day i.e., all electricity used in lighting the public and vacating no later than service areas, and in operating all the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesservice facilities of the Building).

Appears in 1 contract

Samples: Office Lease (Liquid Holdings Group, Inc.)

Electricity. 14.01 Tenant Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall obtain electricity for the Demised Premises on a direct meter basismake or cause to be made, Tenant shall be responsible for and pay customary arrangements with utility companies and/or public service companies to furnish electric current to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable Premises for Tenant’s requirementsuse. Any additional riser If Landlord reasonably determines by the use of an electrical consumption survey or risers by other reasonable means that Tenant is using electric current (including overhead fluorescent fixtures) in excess of .60 kilowatt hours per square foot of usable area in the Premises per month, as determined on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to supply Tenant’s electrical requirements, upon written request charge Tenant an amount equal to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgmentestimate of Tenant’s Excess Electrical Usage, and shall have the further right to install an electric current meter, sub-meter or check meter for the NOC Facilities, the Rooftop HVAC Units and/or the Premises (a “Meter”) to measure the amount of electric current consumed in or by the NOC Facilities, the Rooftop HVAC Units and/or the Premises, provided Landlord gives Tenant evidence of such Excess Electrical Usage and Tenant has the right to verify the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition for at least 30 days prior to the installation of such riser or risersMeter. The cost of such Meter special conduits, Landlord will also at the sole cost wiring and expense of Tenant, install all other equipment proper and necessary panels needed in connection therewith subject to and the aforesaid terms installation, maintenance and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and repair thereof shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforTenant. Tenant shall make pay to Landlord, from time to time, but no alterations more frequently than monthly, for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to 10% of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or additions to the electric equipment and/or appliances without the other charges in connection therewith. In addition, upon 30 days prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything notice to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease install a Meter for the NOC Facilities, the Rooftop HVAC Units and/or the Premises, in which event the cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by giving written notice Tenant. If Tenant installs any such Meter for the NOC Facilities, Tenant shall pay to Landlord Landlord, from time to time, but no later more frequently than monthly, for its Excess Electrical Usage at or by the seventieth (70th) consecutive day NOC Facilities, the Rooftop HVAC Units and/or the Premises, plus Landlord’s charge equal to 10% of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and vacating no later than the ninetieth (90th) consecutive dayreading such Meter. TIME BEING OF THE ESSENCE The rate to be paid by Tenant for Tenant as to both datessubmetered electricity shall include any taxes or other charges in connection therewith.

Appears in 1 contract

Samples: Sublease (K12 Inc)

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Electricity. 14.01 (a) During the Term Tenant shall obtain electricity pay to Landlord as Additional Rental electric charges (the “Electrical Inclusion Amount”) on account of Tenant’s consumption of electrical energy in the Premises the sum of $14,546.00 per annum payable in equal monthly installments of $1,212.17. The Electric Inclusion Amount is based upon Landlord’s assumption that Tenant’s initial electrical installation will not result in a total connected electrical load for lighting, and equipment will not be in excess of six wxxxx per rentable square foot of the Premises and that Tenant will, except for the Demised Premises on a direct meter basispurpose of office cleaning, Tenant shall be responsible for and pay to use electrical energy only during normal weekday operating hours of the applicable utility all charges for electricity as measured by such meterBuilding. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur Accordingly, if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser initial electrical installation exceeds such criteria, or risers if from time to supply Tenant’s time Tenant makes material use of electricity during hours other than normal weekday operating hours of the Building, or if from time to time Tenant after completion of its initial installation adds or changes any machinery, appliances or equipment which increases the aggregate electrical requirements, upon written request to Tenant, will be installed by Landlord, at load in the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgmentPremises, the same will cause permanent damage or injury Electric Inclusion Amount and the Additional Rent shall from time to time be equitably adjusted to reflect the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsresulting increase in such use. In addition to the installation of such riser or risersaddition, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease conduct a periodic survey of Tenant’s actual electrical usage and increase the Electric Inclusion Amount if the survey indicates the Tenant’s usage of electricity exceeds the cost of $1.75 per rentable square feet of the Premises. Landlord shall furnish a statement of Landlord’s determination as to the amount of the adjustment, and the same shall become binding upon the parties unless, within thirty (30) days, Tenant notifies Landlord that it disputes the amount of such adjustment, in which event the parties shall in good faith make reasonable attempts to come to agreement, and, if Landlord and Tenant cannot agree thereon, the amount of such adjustment shall be determined, based on standard practices, by giving written notice an independent electrical consultant selected by Landlord. Tenant shall permit said consultant to have access to the Premises and Tenant’s electrical facilities for the foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s use does not justify an increase in Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Tenant shall execute a supplementary agreement to reflect such adjustment, which shall be effective from the date of the increase of such usage as determined by such electrical consultant and shall be made retroactively if necessary. Any adjustment shall be effective even if such supplementary agreement (in form reasonably approved by Tenant) is not executed and delivered. Pending the determination of the adjustment, Tenant shall pay to Landlord no later than the seventieth (70thamount of such adjustment as specified in Landlord’s statement. Thereafter, if it is determined that Tenant has overpaid, Tenant shall receive a credit against Additional Rent in the amount of the overpayment, said credit to be applied against the next accruing installment(s) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesof Additional Rent.

Appears in 1 contract

Samples: Lease (Replidyne Inc)

Electricity. 14.01 Tenant shall obtain electricity for (1) In connection with the “retail portion” of the Demised Premises on a direct meter basis(and the Basement Space, if so demised to Tenant pursuant to Article 78 of this Lease), electric energy shall be responsible supplied by individual metering, and Landlord shall have no obligation to furnish or supply to Tenant or the Demised Premises any electric energy of any kind or nature whatsoever. As of the Commencement Date, there shall be one or more electric meters for direct service to the “retail portion” of the Demised Premises from the public utility or other entity supplying electrical service serving the Building (the "Utility Company"). Tenant shall, at Tenant's sole cost and expense, as of the Commencement Date, make all arrangements for and pay shall cause all such electric energy to be furnished to the applicable utility all charges for electricity “retail portion” of the Demised Premises (and shall do so with respect to the Basement Space as measured by such meterof the Basement Space Possession Date or the Basement Delivery Date, if so demised to Tenant pursuant to Article 78 of this Lease). Landlord shall not in any way be liable or responsible to Tenant in damages or otherwise for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character failure of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of make arrangements for or to obtain any xxxx or statement to the Tenant thereforsuch electric energy. Tenant shall make no alterations or additions (x) pay directly to the Utility Company or governmental units promptly as and when due all charges for electric equipment and/or appliances without energy used or consumed in or in connection with the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) “retail portion” of the Demised Premises for more than sixty (60and the Basement Space if so demised to Tenant pursuant to Article 78 of this Lease), and (y) days at Tenant's sole cost and be due expense, maintain and promptly make all repairs, structural or otherwise, ordinary and extraordinary, to all components of the sole fault electric energy system within or servicing only the Demised Premises (including, the Basement Space, if so demised to Tenant pursuant to Article 78 of Landlordthis Lease), Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesincluding, without limitation, all meters.

Appears in 1 contract

Samples: Premier Exhibitions, Inc.

Electricity. 14.01 Tenant Landlord shall obtain have the right, but not the obligation, to install a separate meter in or serving the Premises to measure electricity usage for lights and plugs in the Premises. If electricity for lights and plugs serving the Demised Premises on a direct meter basisis separately metered in the future for the New Premises, Tenant shall be responsible then the cost of all electricity for lights and pay to the applicable utility all charges for electricity plugs as measured by such meterseparate meter will be the sole responsibility of the Tenant and the Tenant shall make payment of all such electricity costs directly to the utility company furnishing such electricity as and when the same is due and payable. Tenant acknowledges and agrees that the Premises are not presently separately metered for electricity but, rather, electricity usage for the entirety of the fourth floor and fifth floor of the Building (collectively the "Fourth and Fifth Floors") on which the Premises are located and of which the Premises form a part, are measured by a separate meter (the "Fourth and Fifth Floor Meter"). Accordingly, Tenant covenants and agrees to pay Landlord monthly within ten (10) days of being billed therefor, as additional rent, a sum equal to Tenant's Electrical Charge (as said term is hereinafter defined). As used herein, "Tenant's Electrical Charge" shall mean an amount equal to the product obtained by multiplying (a) the total electrical charges for the entire Fourth and Fifth Floors as measured by the Fourth and Fifth Floor Meter (the "Billed Amount") for the applicable period by (b) the Tenant's Electrical Percentage (as said term is hereinafter defined). As used herein, the term "Tenant's Electrical Percentage" shall mean a fraction (expressed as a percentage), the numerator of which shall be the rentable square footage of the Premises as set forth in this Lease and the denominator of which shall be the rentable square footage of the Fourth and Fifth Floors, namely, approximately 52,114 rentable square feet; provided, however, that if one hundred (100%) percent of the rentable square footage on the Fourth and Fifth Floors is not leased and occupied during any particular period for which Tenant's Electrical Charge is payable, then (a) the Billed Amount with respect to the applicable period for which the Tenant's Electrical Charge is being computed shall be deemed reduced by a dollar amount equal to the product obtained by multiplying (i) 8.33 cents ($0.0833) by (ii) the number of rentable square feet on the Fourth and Fifth Floors vacant during the applicable period and (b) the denominator used in calculating Tenant's Electrical Percentage (and Tenant's Electrical Charge) for such period shall be the rentable square footage on the Fourth and Fifth Floors which is in fact leased and occupied during the same applicable period, Initially, at the date of this Lease, based on the foregoing, Tenant's Electrical Percentage is 59.8% but is subject to adjustment as set forth above. Tenant's Electrical Percentage, subject to adjustment pursuant to Section 3.1, is 59.8%. If in Landlord's judgment, Tenant's use of electricity is in excess of normal office usage or shall result in an additional burden on the Building's utility systems or additional cost on account thereof, as the case may be, Tenant shall upon demand reimburse Landlord for all additional costs related thereto. Landlord, at Tenant's expense, shall replace. and install all ballasts, lamps and bulbs (including, but not limited to, incandescent and fluorescent) used in the Premises. All such replacements shall be of a type, color and size as shall be designated by Landlord. Landlord shall not in any way be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either the quantity quantity, character, or character supply of electric service electricity is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request To the extent separately metered and billed to Tenant, will be installed Tenant shall also pay directly to the proper authorities charged with the collection thereof all charges for water, sewer, gas, electricity (except for electricity measured by Landlordthe Fourth and Fifth Floor Meter), at fire protection and other utilities (except for electricity measured by the sole cost Fourth and expense of Fifth Floor Meter) used or consumed on the Premises by Tenant or any party claiming by, through or under Tenant, unlesswhether called charge, in Landlord’s reasonable judgmenttax, assessment, fee or otherwise, all such charges to be paid as the same will cause permanent damage or injury from time to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office usetime become due. It is further covenanted understood and agreed that Tenant shall make its own arrangements for obtaining service from such utilities and that Landlord shall not be liable for any interruption or failure in the supply of any such utilities to the Premises. If Tenant is not charged directly by the respective utility for any of such utilities or services, Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant from time to the Landlord time, within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord's invoice therefor, Tenant shall have the right to terminate this Lease by giving written notice pay to Landlord no later than such charges and services from the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesutility company.

Appears in 1 contract

Samples: Lease (Netezza Corp)

Electricity. 14.01 (a) Tenant shall obtain electricity for the Demised Premises on a direct meter basisagrees that in addition to Tenant's obligations to pay Base Rental (Paragraph l(e) of this Lease) and to make escalation payments resulting from Operating Expenses (Paragraph 4 of this Lease), as well as Tenant's obligations pursuant to other provisions in this Lease, Tenant shall be responsible for and pay all electrical expenses attributable to the applicable utility Premises, as follows: (i) if and to the extent that all or portions of the Premises are separately metered for electrical consumption. Tenant shall promptly pay all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury consumption directly to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition utility company which supplies electricity to the installation Premises: (ii) for that portion of such riser or risers, Landlord will also at electrical consumption which is allocable to rented space (e.g. within the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlorditself), Tenant shall have promptly reimburse Landlord for Tenant's prorata share (i.e., a fraction the right numerator of which is the Rentable Space in the Premises and the denominator of which is the Rentable Space in all occupied leased premises in the Building) of such charges for electrical consumption paid by Landlord to terminate this Lease the utility company which supplies electricity to the Building, and (iii) for all other electricity consumed in connection with the Building, Tenant shall promptly reimburse Landlord for Tenant's prorata share (i.e., a fraction the numerator of which is the Rentable Space in the Premises and the denominator of which is the Rentable Space in the Building, whether or not occupied) of such charges for electrical consumption paid by giving Landlord to the utility company which supplies electricity to the Building; moreover, with regard to Tenant's obligations pursuant to items (ii) and (iii) above. Landlord may, at or before the commencement of each calendar year, make a good faith reasonable estimate of the cost for such electrical consumption for the upcoming calendar year and Tenant's respective shares of such total cost, and upon thirty (30) days' written notice to Tenant may require the monthly payment of such estimated cost in advance. In such event, Tenant's proportionate share of any such estimated cost shall be payable in equal monthly installments over the remaining months of the calendar year after notice of such estimate is delivered to Tenant. Any amounts paid based on such an estimate shall be subject to adjustment between Landlord no later than and Tenant (i.e., in the seventieth (70thsame manner as the potential adjustment of Operating Expenses payments pursuant to Paragraph 4(c) consecutive day and vacating no later than above) when actual costs are determined for the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesapplicable calendar year.

Appears in 1 contract

Samples: Lease Agreement (Viewlocity Inc)

Electricity. 14.01 Section 13.1. Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity for to the Demised Premises on a direct meter basis, Building. Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in use any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessequipment which, in Landlord’s 's reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never would exceed the capacity of the existing feeders to the Building or the risers or wiring installations therein or which will overload such installations or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord's sole judgment, Tenant's electrical requirements necessitate installation which of an additional riser, risers or other proper and necessary equipment, Landlord represents is sufficient for ordinary office useshall so notify Tenant of same. It is further covenanted Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electrical capacity (specifying the amount requested) be made available to Tenant. Landlord, in Landlord's sole judgment shall determine whether to make available such additional electrical capacity to Tenant and agreed the amount of such additional electrical capacity to be made available. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any switchgear, the same shall be installed by the Tenant that all the aforesaid costs Landlord. Any such installation shall be made at Tenant's sole cost and expenses are expense, and shall be chargeable and collectible as Additional Rent additional rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering rendition of any a xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned liable in any way to Tenant for any failure or delayed. Notwithstanding anything defect in the supply or character of electric service furnished to the contrary hereinPremises by reason of any requirement, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent act or omission of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume utility serving the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises Building or for more than sixty (60) days and be due any other reason not attributable to the sole fault gross negligence of Landlord, Tenant shall have the right to terminate this Lease whether electricity is provided by giving written notice to Landlord no later than the seventieth (70th) consecutive day public or private utility or by any electricity generation system owned and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesoperated by Landlord.

Appears in 1 contract

Samples: Teltran International Group LTD

Electricity. 14.01 Tenant Until separately metering the Premises, Landlord shall obtain furnish electricity for ordinary laboratory and office purposes through transmission facilities heretofore installed by Landlord in the Demised Building, by means of alternating electric current to be used by Tenant in connection with lighting fixtures and electrical receptacles presently installed in the Premises on a direct meter basis, Tenant shall be responsible for and pay and/or to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by as part of Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor's Work. Tenant shall make no alterations or additions use such electric current for lighting and, insofar as Landlord's facilities are not burdened thereby and applicable laws permit, for operation of such equipment and appliances as are customarily used in connection with an office and laboratory. Tenant shall pay the cost of such electricity, as reasonably estimated by Landlord from time to time, as the electric equipment and/or appliances without the prior written consent actual cost to Landlord, within 10 days after receipt of Landlord in each instanceLandlord's statement, which consent statement shall not be submitted more frequently than monthly, and shall pay the cost of separately metering the Premises if Landlord decides to separately meter the premises. If Tenant from time to time at reasonable intervals disagrees with Landlord's estimate of Tenant's electrical consumption, such consumption shall be determined by a reputable independent electrical engineer or consultant, selected by Landlord and approved by Tenant, which approval shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding anything Such engineer or consultant shall promptly make a survey of the electrical wiring and power load in the Premises to determine Tenant's projected average annual electric current consumption therein. The cost of said survey shall be borne by Tenant unless the findings such consultant are that Landlord has over-billed Tenant by more than 20% of actual consumption; in which case Landlord will pay the cost of such survey. Said survey shall be conclusive upon the parties. If Landlord decides to separately meter the Premises, Landlord shall give Tenant reasonable prior written notice that Landlord intends to do so. Such separate metering shall mean that Tenant shall obtain electric current directly from the utility company furnishing electric current to the contrary herein, should electric service Building. Such current shall be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as furnished to prevent Tenant from using at least seventy-five (75%) percent by means of the Demised Premisesthen existing Building system feeders, Fixed Rent risers and wiring. All meters and additional panel boards, risers, feeders, wiring and other conductors and equipment which may be required to obtain electric current directly from such public utility company shall xxxxx be installed and maintained by Tenant. Landlord shall continue providing electric current to Tenant until such service resumes separate meter is installed and operable, provided Tenant is able acting diligently to resume obtain the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datessame.

Appears in 1 contract

Samples: Special Maintenance and Operation (Circe Biomedical Inc)

Electricity. 14.01 So long as Tenant shall obtain is not in Default, Landlord will ----------- furnish or cause to be furnished, electricity for normal business usage twenty-four (24) hours a day, seven (7) days a week, subject to the Demised provisions of Section 5.6, below. In the event Landlord deems it necessary to make ------------------ available separately metered service to the Premises, Landlord may require that separate meters or submeters be installed for the Premises on a direct at Landlord's expense unless Tenant's use of electricity exceeds normal business usage, in which event it shall be at Tenant's expense, in which case Tenant will be billed based upon such separate meter basisor submeter rather than based upon Tenant's Share of such electrical charges. In such instance, Tenant shall be responsible for and pay receive a corresponding credit against Rent to the applicable utility all charges extent electrical use in the Premises was charged as a component in Operating Costs except if such meter or submeter is installed only to monitor and charge for electricity as measured by such meterusage which exceeds normal business usage (in which case no credit shall be given). Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its 's use of electric current shall never electricity in the Premises may not at any time exceed the capacity of the feeders to electrical conductors and equipment serving the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office usePremises. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the Without Landlord's prior written consent of Landlord in each instanceconsent, which consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding anything , Tenant may not: (i) connect reproducing equipment;, electronic data processing equipment;, heating or air-conditioning equipment;, or special lighting, any of the foregoing which causes Tenant to consume electricity in excess of the building standard specifications (as provided in Section 5.2(b) below) or any other item of -------------- electrical equipment that causes Tenant to consume more than permitted by the building standard specifications (as provided in Section 5.2(b), below) or (ii) -------------- make any alteration or addition to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent system of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should If required and Landlord grants such service interruption prevent Tenant from using consent, Landlord will provide at least seventy-five the cost to Landlord plus Landlord's overhead charge of ten percent (7510%) of the Demised Premises for more than sixty (60) days and be due cost, which cost Tenant shall pay to Landlord, payable on demand, additional risers or other required equipment. In addition, but only to the sole fault extent not separately metered or passed through to Tenant, Landlord may increase the Base Rent by an amount reflecting the estimated cost of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesadditional capacity of such risers or other equipment.

Appears in 1 contract

Samples: Diversified Corporate Resources Inc

Electricity. 14.01 Tenant shall obtain electricity purchase directly from the public utility serving the Building all electrical energy that Tenant requires for operation of the lighting fixtures, appliances and equipment servicing the Demised Premises on a direct Premises. The costs of initially installing any required meter basis, Tenant and related installation equipment shall be responsible for and pay to the applicable utility all charges for electricity as measured paid by such meterLandlord. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed electrical energy furnished to the Demised Premises by reason of any requirement, act or is no longer available or suitable for omission of the public utility serving the Building. Tenant’s requirementsuse of electrical energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electrical services Tenant shall give notice to Landlord and obtain Landlord’s prior written consent whenever Tenant shall connect to the Building electrical distribution system any fixtures, appliances or equipment other than lamps, typewriters, personal computers and similar small machines. Any additional riser feeders or risers to supply Tenant’s electrical requirementsrequirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, upon written request to Tenant, will shall be installed by LandlordLandlord upon Tenant’s request, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the same installation of such feeders or risers will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants of the Building. Tenant agrees that it will not make any alteration or occupants. In addition to the installation of such riser or risers, Landlord will also at electrical equipment in the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances Demised Premises without the prior written consent of Landlord in each instanceinstance first obtained, which consent shall will not be unreasonably withheld. Landlord, conditioned or delayed. Notwithstanding anything to the contrary hereinat Tenant’s expense, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 1 contract

Samples: Agreement of Lease (Fluidigm Corp)

Electricity. 14.01 Tenant shall obtain Landlord agrees to furnish to the Premises, subject to reasonable rules and regulations, electricity for normal lighting and normal office equipment, the Demised Premises on a direct meter basis, Tenant cost of which shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not included in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforExpenses. Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the prior written consent of Landlord Landlord, use any apparatus or device in each instance, the Premises which consent shall not be unreasonably withheld, conditioned will in any way increase the amount of electricity used above that usually furnished or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted supplied for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of the Premises as general office space, nor connect any apparatus or device with electric current lines except through existing electrical outlets in the Premises. If Tenant desires to use electric current in excess of that usually furnished or supplied for the use of the Premises as general office space, Tenant shall request the same from Landlord in writing. Landlord shall not unreasonably refuse such request if sufficient capacity is then available. If such request is granted, Landlord shall cause an electrical current meter to be installed in the Premises to measure the amount of electric current consumed. Tenant agrees to pay within thirty (30) days after demand therefor from Landlord the cost of any such meters and of the installation, maintenance and repair thereof, and the charges for all electric current consumed as shown by said meters in excess of the amount consumed in connection with the use of the Premises as general office space, at the rates charged for such services by the utility furnishing the same, plus any actual and reasonable additional expense incurred in keeping account of the electric current so consumed. If a separate meter is not installed, Tenant agrees to pay the cost for such excess electric current as established by an estimate of the amount of such excess use made by a utility company or an electrical engineer reasonably selected by Landlord. Notwithstanding the foregoing, Tenant may instead elect to receive its electricity directly from the utility company serving the Complex. If Tenant makes such election, (x) Tenant shall provide at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving prior written notice to Landlord, (y) Tenant shall arrange for the Premises to be separately metered by the utility company at Tenant’s sole cost and expense and Tenant shall be solely responsible for all bills from the utility provider for such electricity, and (z) Landlord no later than shall permit Landlord’s wire and conduits, to the seventieth extent available, suitable and safely capable, to be used for such distribution of electricity. Tenant may not make such election unless Landlord is satisfied that Tenant’s failure to pay electricity bills owed by Tenant will not affect the furnishing of electricity to the balance of the Complex. Tenant acknowledges that if Tenant elects to receive its electricity directly from the utility company, all electricity used during the performance of janitor service or the making of any alterations or repairs in the Premises, or the operation of any special air conditioning systems serving the Premises, shall be paid for by Tenant. From and after the date Tenant commences paying for electricity directly, (70thi) consecutive day the Base Rent per square foot of Rentable Area of the Premises then leased by Tenant shall be reduced by the cost of electricity per square foot of Rentable Area of the Premise incurred by Landlord during the Base Year, as such amount was escalated annually by 2.5% per year (or, if Tenant makes such election prior to the conclusion of the Base Year, then Landlord’s estimate of such amount which shall be $1.25 per square foot of Rentable Area of the Premises, and vacating no later than which cost will be audited after the ninetieth conclusion of the Base Year, and Tenant and Landlord agree to reconcile said electricity bills in the manner set forth in Section 2C(vi) above) and (90thii) consecutive day. TIME BEING OF THE ESSENCE Expenses shall not include any costs for Tenant as providing electricity to both datesany tenant’s premises.

Appears in 1 contract

Samples: Work Letter Agreement (Gtsi Corp)

Electricity. 14.01 Tenant (a) Landlord shall obtain redistribute or furnish electricity to or for the Demised use of Tenant in the Premises for the operation of Tenant’s electrical systems and equipment in the Premises, at a level sufficient to accommodate a demand load of six xxxxx per usable square foot of office space in the Premises (excluding electricity required to operate any Building System). An estimated charge for such electricity (the “Electrical Inclusion Factor”) is included in Fixed Rent on a direct meter so-called “rent inclusion” basis; however, the value to Tenant of such service may not be fully reflected in Fixed Rent. Accordingly, Tenant agrees that following the commencement of Tenant’s ordinary business activities in the Premises, Landlord may cause an independent electrical engineer or electrical consulting firm selected by Landlord (“Landlord’s Consultant”) to make a determination, certified in writing to Landlord and Tenant, of the full value of the electrical service supplied to Tenant, based upon a survey indicating the lighting load, office equipment and all other electrical usage by Tenant. Thereafter, Landlord may, at any time and from time to time, at its sole option, cause Landlord’s Consultant to make subsequent determinations of the then full value of the electrical service supplied to Tenant on the basis set forth in the immediately preceding sentence. If Landlord’s Consultant determines that the full value of the electrical service supplied to Tenant exceeds the Electrical Inclusion Factor, as increased from time to time in accordance with this Section 10.1, then, upon notice to Tenant, Fixed Rent and the Electrical Inclusion Factor shall be increased to reflect the full value, on an annual basis, of such increased electrical usage by Tenant. Any increase in Fixed Rent and the Electrical Inclusion Factor shall be effective as of the date of the increase in Tenant’s electrical usage, as determined by the survey, and Tenant’s liability therefor shall be retroactive to such date. The computation of the Electrical Inclusion Factor under this Article 10 is intended to constitute a formula for an agreed rental adjustment and may or may not constitute an actual reimbursement to Landlord for the electrical service supplied to Tenant pursuant to this Lease. If any tax is imposed on Landlord’s receipts or income from the redistribution, furnishing, or sale of electricity to Tenant as provided for above (other than a general tax on corporate income not specific to the provision of electricity), whether based on the Electrical Inclusion Factor or any increase therein provided for above, or otherwise, Tenant shall be responsible reimburse Landlord for such tax, if and to the extent permitted by law. Notwithstanding any provision of this Lease to the contrary, Tenant shall pay to Landlord the applicable utility all charges for electricity as measured by such meter. Landlord Electrical Inclusion Factor (which is included in Fixed Rent) from and after the Commencement Date even if Fixed Rent (other than the Electrical Inclusion Factor) is not otherwise payable hereunder until the Rent Commencement Date, which payment shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, made at the sole cost same time and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage manner as Fixed Rent (whether or injury to not then payable). All electricity used during the Building performance of cleaning services, or the Demised Premises making of any Alterations or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to Restorative Work in the installation of such riser or risersPremises, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers operation of any supplemental or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by special air-conditioning systems serving the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and Premises, shall be paid for by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesTenant.

Appears in 1 contract

Samples: Lease (Xstelos Holdings, Inc.)

Electricity. 14.01 Tenant 28.1 Electricity shall obtain electricity for be furnished to the Demised Subleased Premises on a direct sub-metered basis and Subtenant will pay to Sublandlord as Additional Rent, charges for such electricity based upon the total kilowatt hours of consumption and kilowatt hours of demand recorded on the sub-meter basisor sub-meters for the Subleased Premises (collectively, Tenant “Subtenant’s Meter”) during such billing period at the same rates charged to Sublandlord by Overlandlord or Master Landlord for such consumption, plus any additional sales or use taxes, surcharges or other incremental amounts which may be imposed on Sublandlord by Overlandlord or Master Landlord, any taxing authority, utility or other body for sub-submetered electricity. If the consumption of electricity is measured by more than one sub-meter, such sub-meters must be capable of totalization for utility rate purposes. Throughout the duration of Subtenant’s occupancy, Subtenant shall keep Subtenant’s Meter in good working order and repair, at its sole cost and expense. Bills for such sub-metered electricity shall be responsible rendered at such time as Sublandlord receives a bxxx for the same from Overlandlord and pay shall be payable by Subtenant within twenty (20) days after receipt thereof. If the amount billed by Overlandlord, Master Landlord or the public utility company providing electricity to the applicable utility all charges for electricity as measured by such meter. Landlord Building shall not in any way be liable retroactively increased or responsible to Tenant decreased for any loss billing period for which Subtenant shall have paid Additional Rent pursuant to this Article, then such Additional Rent shall be accordingly, adjusted, and Subtenant shall pay any deficiency therein within ten (10) days of demand therefor, or if there shall have been an overpayment, Sublandlord shall credit the amount thereof against the next succeeding payments of Additional Rent. Sublandlord shall have no liability to Subtenant for any loss, damage or expense which Tenant may sustain sustained or incur if either incurred by reason of any change, failure, inadequacy, unsuitability or defect in the quantity supply or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s the electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury energy furnished to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsSubleased Premises. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees Subtenant agrees: (i) that at all times its use of electric current shall never not exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient provided for ordinary office usein the Subleased Premises: and (ii) not to use or install any electric equipment which, in Sublandlord’s reasonable judgment, could overload the installations in the Subleased Premises or interfere with the use thereof by Sublandlord. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible Sublandlord makes no representations or warranties as Additional Rent and shall be paid by the Tenant to the Landlord within ten capacity of the risers which presently serve the Building, Oxxxxxxxx Premises, Subleased Premises (10) days “Existing Electrical Capacity”); provided that Sublandlord shall, promptly after the rendering of any xxxx or statement Subtenant’s request and at Subtenant’s sole cost and expense, use all commercially reasonably efforts (to the Tenant therefor. Tenant shall make no alterations or additions fullest extent permitted under the Oxxxxxxxx) to cause Overlandlord to enforce its rights under the Master Lease in order to cause Master Landlord to deliver the electrical capacity that Overlandlord is entitled to with respect to the electric equipment and/or appliances without Subleased Premises pursuant to the prior written consent terms and conditions of the Master Lease. If Subtenant requires more than the Existing Electrical Capacity to serve the Subleased Premises for the uses permitted hereunder, then Sublandlord will reasonably cooperate with Subtenant in requesting from Overlandlord and Master Landlord that such additional capacity be so provided to the Subleased Premises at Subtenant’s sole cost and expense, provided that any such requests would not result in each instancea reduction in the quantity or increase in the cost of electricity provided by Master Landlord to the Oxxxxxxxx Premises or to any subtenant or other occupant of the Oxxxxxxxx Premises as of the date hereof, which consent provided further, such requests shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything obtained pursuant to the contrary hereinOxxxxxxxx or the Master Lease and Overlandlord and Master Landlord shall so agree and further agree that Sublandlord shall have no liability therefor, should electric service for the payment of any charges therefor, for the removal or restoration thereof at the expiration or earlier termination of the Oxxxxxxxx or Sublease or for any damages or liability related to such additional electrical capacity or any work or equipment associated therewith. Subtenant represents that, as of the date hereof, Subtenant is seeking to enter into a separate agreement with Master Landlord concerning the matters set forth in an email correspondence dated March 31, 2005 between the general manager of Equity Office Properties, as agent for Master Landlord, and Subtenant’s real estate broker, as agent for Subtenant attached hereto and made a part hereof as Exhibit “D”. Sublandlord does not object to Subtenant entering into such separate agreement with Master Landlord, provided that suc h agreement is in accordance with the provisions above. Any and all work or equipment arising from supplying such additional electrical capacity shall be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so deemed to be an Alteration hereunder. Sublandlord makes no representations or warranties as to prevent Tenant from using at least seventy-five whether or the extent to which such additional capacity is available, or, if available, whether or not Overlandlord would be willing to cause Master Landlord to provide (75%or whether or not Master Landlord would be willing to provide) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due necessary excess capacity to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesSubleased Premises.

Appears in 1 contract

Samples: Agreement of Sublease (First Albany Companies Inc)

Electricity. 14.01 Tenant shall A. Subtenant shall, at its sole cost and expense, obtain electricity for directly from the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay public utility company furnishing electric service to the Building all electric energy used or to be used in the Sublease Premises. Sublandlord represents that it is currently obtaining electricity directly from Con Edison. Promptly following the Commencement Date, Sublandlord shall cooperate with Subtenant to cause the applicable utility all charges for electricity as measured by such meterCon Edison accounts currently existing in respect of the Sublease Premises to be assigned into Subtenant's name. Landlord Sublandlord shall not in any way be liable or responsible to Tenant Subtenant for any loss or loss, damage or expense which Tenant Subtenant may sustain or incur if either (i) the supply of electric energy to the Sublease Premises is temporarily interrupted, or (ii) the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical Subtenant's requirements, upon written request except to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, extent that the same will cause permanent damage was caused by the negligent or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantswrongful act of Sublandlord. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its Subtenant's use of electric current electricity within the Sublease Premises shall never exceed the capacity of the then existing wires, feeders or other electrical equipment serving the Sublease Premises. In the event Subtenant is legally unable to obtain electric service directly from the utility company servicing the Sublease Premises, Sublandlord shall install sub-meters, at Subtenant's sole cost and expense, to measure Subtenant's consumption of electrical energy and use reasonable efforts to cause Overlandlord to supply electricity to the Sublease Premises. If Sublandlord does so, Subtenant shall pay to Sublandlord, as additional rent, within fifteen (15) days after demand, from time to time, but no more frequently than monthly, for its consumption and demand of electrical energy at the rate which Sublandlord pays to the utility serving the Building or as evidenced by such submeter (plus all of Sublandlord's actual out of pocket costs in connection with the risers or wiring installation which Landlord represents is sufficient for ordinary office useadministration thereof). It is further covenanted and agreed by For the Tenant that all purpose hereof the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall rate to be paid by Subtenant in the Tenant event of sub-metering shall include any taxes or other charges in connection therewith. If any tax shall be imposed upon Sublandlord's receipts from the sale or resale of electrical energy to Subtenant, the pro rata share allocable to the Landlord within ten (10) days after electrical energy service received by Subtenant shall be passed on to, included in the rendering of any xxxx or statement bill of, and paid by Subtenant if and to the Tenant thereforextent permitted by law. Tenant shall make no alterations or additions Xxere more than one meter measures the electricity supplied to Subtenant, the electricity rendered through each meter may be computed and billed separately in accordance with the provisions hereinabove set forth. Subtenant expressly acknowledges that, in connection with the installation of the sub-meters, the electricity being furnished to the electric equipment and/or appliances without Sublease Premises may be temporarily interrupted. Sublandlord shall use reasonable efforts to minimize interference with the prior written consent conduct of Landlord Subtenant's business in each instanceconnection with such installation, which consent but the foregoing shall not be unreasonably withheldrequire Sublandlord to utilize premium or overtime labor in connection therewith. If following the installation of submeters, conditioned Sublandlord is prohibited from selling or delayed. Notwithstanding anything reselling electrical energy to Subtenant, Sublandlord may, upon reasonable prior notice to Subtenant, if practicable, remove the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes submeters and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant Sublandlord shall have the right no further obligation to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesSubtenant in respect of electricity service.

Appears in 1 contract

Samples: Agreement of Sublease (Imclone Systems Inc/De)

Electricity. 14.01 Tenant Landlord shall obtain provide sufficient electricity to operate normal office lighting and equipment, including, without limitation, the laboratory equipment currently located in that portion of the Premises comprising "Suite 101-A" under the Current Lease, or any other laboratory equipment comparable thereto (collectively, the "Lab Equipment"). This does not include special lighting in excess of building standard, or any other item of electrical equipment which singularly requires a voltage which exceeds other than one hundred twenty (120) volts (plus/minus ten percent) single phase, except for the Demised Premises on a direct meter basisLab Equipment as aforesaid. Except for the Lab Equipment, Tenant shall be responsible not install or operate in the Premises any electrically operated equipment or other machinery, other than business machines and equipment normally employed for and pay to the applicable utility all charges general office use which do not require high electricity consumption for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementsoperation, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without obtaining the prior written consent of Landlord in each instanceLandlord, which consent shall not be unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding anything If any or all of Tenant's equipment (other than the Lab Equipment) requires electricity consumption in excess of that which is necessary to operate normal office equipment, such consumption (including consumption for computer or telephone rooms and special HVAC equipment, but specifically excluding the contrary hereinLab Equipment) shall be submetered by Landlord at Tenant's expense, should electric service be interrupted and Tenant shall reimburse Landlord as Additional Rent for a period the cost of more than five (5) consecutive business days through the sole fault its submetered consumption based upon Landlord's average cost of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed electricity. Such Additional Rent shall xxxxx until such service resumes and be in addition to Tenant's obligations pursuant to Section 2A(2) to pay its Proportionate Share of Operating Costs. Except for the Lab Equipment, Tenant is able to resume shall not, without the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed, use any apparatus or device in or about the Premises which shall cause any substantial noise or vibration or which will increase the amount of electricity or water, if any, usually furnished or supplied for use of the Premises as general office space. Tenant shall have not connect with electric current or water pipes, except through existing electrical or water outlets already in the right Premises, any apparatus or device for the purposes of using electric current or water. As used above, the term "sufficient electricity to terminate this Lease operate normal office lighting and equipment (inclusive of the Lab Equipment as aforesaid)" means sufficient electrical capacity to operate (i) the Lab Equipment, (ii) incandescent lights, typewriters, calculating machines, photocopying machines and other machines of the same low voltage electrical consumption (120/208 volts), provided that the total rated electrical design load for said lighting and machines of low electrical voltage shall not exceed 3.0 xxxxx per usable square foot with respect to that portion of the Premises comprising "Suite 101-B"; and (ii) lighting (277/480 volts), provided that the total rated electrical design load for said lighting shall not exceed 2.0 xxxxx per usable square foot with respect to that portion of the Premises comprising "Suite 101-B" (each such rated electrical design load to be hereinafter referred to as the "Building Standard Rated Electrical Design Load For Suite 101-B"). Should Tenant's total rated electrical design load for that portion of the Premises comprising "Suite 101-B" (including, but not limited to, computer or telephone rooms, but specifically excluding that portion of the Premises comprising "Suite 101-A" and the Lab Equipment located therein from time to time) exceed the Building Standard Rated Electrical Design Load For Suite 101-B for either low or high voltage electrical consumption, or if Tenant's electrical design requires low voltage or high voltage circuits in excess of Tenant's share of the building standard circuits, Landlord will (at Tenant's expense) install such additional circuits and Landlord will (at Tenant's expense) install such additional circuits and associated high voltage panels and/or additional low voltage panels with associated transformers (which additional circuits, panels and transformers shall be hereinafter referred to as the "Additional Electrical Equipment"). If the Additional Electrical Equipment is installed because Tenant's low voltage or high voltage rated electrical design load exceeds the applicable Building Standard Rated Electrical Design Load, then a meter shall also be added (at Tenant's expense) to measure the electricity used through the Additional Electrical Equipment The design and installation of any Additional Electrical Equipment (or any related meter) required by giving written notice Tenant shall be subject to the prior approval of Landlord (which approval shall not be unreasonably withheld). All actual and reasonable expenses incurred by Landlord in connection with the review and approval of any Additional Electrical Equipment shall also be reimbursed to Landlord no later than by Tenant. Tenant shall also pay on demand the seventieth actual metered cost of electricity consumed through the Additional Electrical Equipment (70th) consecutive day if applicable), plus any actual and vacating no later than reasonable accounting expenses incurred by Landlord in connection with the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesmetering thereof.

Appears in 1 contract

Samples: Lease (Orthologic Corp)

Electricity. 14.01 Tenant 14.01. Except as otherwise provided in this Article 14, on and after the Commencement Date, Landlord shall obtain supply electricity for to the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to submetered basis in accordance with this Section 14.01 using submeters heretofore installed in the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable Premises or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, Landlord at the Tenant's sole cost and expense (herein called "TENANT'S METERS"), which Tenant's Meters shall measure the electricity consumed by Tenant in the Premises then leased by Tenant hereunder, excluding any electricity consumed in connection with the production of base building HVAC or any other services that Landlord is required to provide to the Premises in accordance with the terms of this lease. The amounts to be charged to Tenant by Landlord per kilowatt (herein called "KW") and kilowatt hour (herein called "KWHR") pursuant to this Article 14 for electricity consumed within the Premises (and by any equipment installed by Tenant outside of the Premises) shown on Tenant's Meters shall be one hundred (100%) percent of the average amount (herein called "LANDLORD'S RATE") at which Landlord from time to time purchases each KW and KWHR of electricity for the same period from the utility company, including all surcharges, taxes, fuel adjustments and sales taxes and charges regularly passed on to customers by the public utility and other sums payable in respect thereof to the public utility for the supply of electric energy to Landlord for the entire Building (which would include the utility time of day rate or similar provisions affecting the utility service classification applicable to the Building) as more specifically set forth below. Tenant and its authorized representative may have access to Tenant's Meters from time to time during the term of this lease (but not more frequently than once per month) on at least one (1) day's request (which need not be in writing) for the purpose of verifying Landlord's meter readings. To the extent that Landlord provides an engineer or other Building representative to accompany Tenant's employees, contractors and/or authorized representatives for the duration of Tenant's access to Tenant's Meters, unlessLandlord shall provide such engineer or Building representative without additional charge to Tenant, provided that it does not require more than a reasonable amount of time (failing which Landlord shall be entitled to assess a reasonable additional charge) and further provided that the foregoing shall not be deemed to prohibit Landlord from including the salary of such engineer or Building representative in Operating Expenses subject to and in accordance with the provisions of Article 3 hereof. The amount paid by Landlord per KW and KWHR shall be determined by dividing Landlord’s reasonable judgment's total xxxx from the utility company for each period by the total KWs and KWHRs, the same will cause permanent damage or injury to respectively, consumed by the Building or as shown by said xxxx (herein called the Demised "QUOTIENT"), and the charge to Tenant pursuant to this Article 14 for electricity consumed within the Premises or cause or create a dangerous or hazardous condition or interfere (and by any equipment installed by Tenant outside of the Premises) in the event of submetering shall be calculated by multiplying the electricity consumed by Tenant within such period by the Quotient (and multiplying the resultant product by one hundred (100%) percent). Upon Tenant's request, Landlord shall provide Tenant with or disturb other tenants or occupantscopies of Landlord's bills from the utility company for purposes of allowing Tenant to confirm Landlord's Rate and Landlord's calculations of the charges payable by Tenant under this Article 14. In addition to the installation foregoing, Tenant shall reimburse Landlord for (a) Landlord's reasonable actual out-of-pocket costs to read such meters and to calculate the amounts to be billed to Tenant hereunder, provided that the costs are commercially reasonable, and (b) the actual out-of-pocket cost of keeping the meter(s) and related equipment exclusively serving the Premises in good working order and repair (which may include calibration of the meters), provided that the costs of any contractors retained by Landlord to perform such riser repair, maintenance and calibration is reasonable. If there is more than one (1) Tenant's Meter serving the Premises, such Tenant's Meters shall be read "in conjunction" as if there was only one such meter; it being the intent of Landlord and Tenant that Landlord is to make no profit or risers, Landlord will also at markup (but incur no loss) on the sole cost and expense furnishing of Tenant, install all other equipment proper and necessary in connection therewith subject electricity to the aforesaid terms and conditionsPremises. Tenant covenants and agrees that at all times its use of electric current shall never exceed pay Landlord the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord foregoing amounts within ten thirty (1030) days after the rendering of any xxxx or statement to the Landlord bills Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent bills shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for rendered on a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesmonthly basis.

Appears in 1 contract

Samples: And Attornment Agreement (Citigroup Inc)

Electricity. 14.01 The Landlord covenants with the Tenant shall obtain to furnish electricity to ------------ the Leased Premises (except Leased Premises which have separate meters) for normal office use for lightning and for office equipment capable of operating from the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay circuits available to the applicable utility all charges for electricity as measured Leased Premises and standard to the Building during hours to be determined by the Landlord (but to be at least the hours from 8:00 a.m. to 6:00 p.m. from Monday to Friday inclusive with the exception of holidays, Saturdays and Sundays) and during such meter. Landlord shall not in any way be liable or responsible to other hours that the Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, elects at the its sole cost and expense subject to governmental regulations; The amount of electricity consumed on the Leased Premises in excess of electricity required by the Tenant for normal office use shall be as determined by the Landlord acting reasonably or by a metering device installed by the Tenant at the Tenant's expense. The Tenant shall pay the Landlord for any such excess electricity on demand. The Tenant covenants to pay to the Landlord the Tenant's Proportionate Share of all electricity consumed on the Property (except the amounts recovered from and paid by tenants separately metered. In calculating electricity costs for any Fiscal Period, unlessif less than one hundred percent (100%) of Building is occupied by tenants, then the amount of such electricity costs shall be deemed for the purposes of this Schedule to be increased to an amount equal to the like electricity costs which normally would be expected by the Landlord to have been incurred had such occupancy been one hundred percent (100%) during such entire period. The Landlord shall maintain and keep in Landlord’s reasonable judgmentrepair the facilities required for the provision of the interior climate control, elevator (if installed in the same will cause permanent damage or injury Building), and other services referred to in sub-paragraph (a) and (c) of paragraph 3 of this Schedule in accordance with the standards of office buildings similar to the Building or but reserves the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition right to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume stop the use of at least seventy-five (75%) percent any of these facilities and the supply of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) corresponding services when necessary by reason of accident or breakdown or during the making of repairs, alterations or improvements, in the reasonable judgment of the Demised Premises for more than sixty (60) days and Landlord necessary or desirable to be due made, until repairs, alterations or improvements shall have been completed to the sole fault satisfaction of the Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 1 contract

Samples: Lease Agreement (United Financial Mortgage Corp)

Electricity. 14.01 Tenant shall obtain will be billed for electricity for the Demised Premises Tenant’s lights and outlet consumption on a direct meter basismonthly basis based on an annual estimate of $1.25 per rentable square foot (which amount may be adjusted by Landlord, from time to time, to reflect increases in the electrical costs to the Building). Should the actual average expense to Landlord per square foot for Tenant’s electricity be different, an additional charge or a credit will be made at the end of each year’s occupancy to be paid with or credited against the next monthly charge for Xxxxxx’s electricity (or to be paid directly to Tenant if the Term has expired or the Lease has terminated). Notwithstanding the foregoing, Landlord reserves the right to assess Tenant’s charge for electricity based on an engineer’s survey of Tenant’s electrical usage conducted from time to time or on the sub-metering of all or part of the Premises. Such charges for Xxxxxx’s electricity shall be responsible for paid by Xxxxxx as additional rent at the same time and pay in the same manner as payments of Annual Rent. Tenant covenants and agrees that its total connected lighting load will not exceed the maximum load from time to time permitted by applicable governmental regulations. In the applicable utility all charges for electricity event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building’s electrical system or in any other way interferes with the system’s ability to perform properly, supplementary systems including check meters may, if and as measured needed, at Landlord’s option, be provided by such meterLandlord, at Tenant’s expense. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if if, during the Term of this Lease, either the quantity or character of electric service current is changed or electric current is no longer available or suitable for Tenant’s requirementsrequirements due to a factor or cause beyond Landlord’s control. Any additional riser or risers Landlord reserves the exclusive right to supply provide electric and other utility service to the Building. Tenant may request permission from Landlord (which consent may be withheld in its sole discretion) to arrange electric and other utility service exclusively serving the Premises. Should such permission be granted, however, such service shall be installed only in such locations and in such manner as shall be specifically, approved by Landlord in its sole discretion, Tenant shall be responsible for restoration of any damage caused by such installation and Tenant shall be responsible for removal of such installations at the termination of this Lease. Landlord may limit Tenant’s choice of electrical requirementsor other utility providers in order to avoid proliferation of such services to the Building or for any other reason. In no event, upon written request to Tenanthowever, will shall Landlord be installed responsible for any damages or inconvenience caused by Landlord, at the sole cost and expense interruption in or poor quality of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage electricity or injury other utility services provided to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of unless such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed damages are caused by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault negligence of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesits agents or employees.

Appears in 1 contract

Samples: Lightspace Corp

Electricity. 14.01 Landlord shall furnish electricity to the Premises for lighting and other general office purposes. If Tenant requires electricity elsewhere in the Building or on the Property, then such electricity shall obtain electricity be furnished in all respects at Tenant's sole cost and expense. Tenant's use of electrical energy in the Premises, the Building and elsewhere on the Property shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Premises or Tenant's electrical energy needs elsewhere in the Building or on the Property (as the case may be). In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the electrical services for the Demised Premises on a direct meter basisBuilding or the Property, Tenant shall be responsible for give notice to Landlord and pay obtain Landlord's prior written consent whenever Tenant shall connect to the Building's or the Property's electrical distribution system any fixtures, appliances or equipment other than lamps, typewriters, personal computers and similar small machines. Any additional feeders or risers to supply Tenant's electrical requirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, shall be installed by Landlord upon Tenant's request, at the sole cost and expense of Tenant, provided that such additional feeders and risers are permissible under applicable utility laws and insurance regulations and the installation of such feeders or risers will not cause permanent damage or injury to the Building or any other portion of the Property or cause or create a dangerous condition or unreasonably interfere with other tenants of the Building or the Property. Tenant agrees that it will not make any alteration or material addition to the electrical equipment in the Premises, the Building or elsewhere on the Property without the prior written consent of Landlord in each instance first obtained. Tenant, at Tenant's expense, shall purchase, install and replace all charges light bulbs or tubes used in the Premises or used exclusively by Tenant in the Building or elsewhere on the Property, except that Landlord shall furnish the light bulbs and tubes and labor for electricity as measured by such meterthe initial installation of light bulbs and tubes in the Premises. Landlord shall not in any way be liable or responsible to Tenant for any loss or loss, damage or expense which Tenant may sustain or incur if either the quantity quantity, character, or character supply of electric service electrical energy is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost any time, at its option and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall upon not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more less than sixty (60) days and be due prior notice to Tenant, may discontinue furnishing electric current to the sole fault of Landlord, Premises or for Tenant's exclusive use elsewhere in the Building or on the Property; and in either such case Tenant shall have contract with the right public service company supplying electric current for the purchase by Tenant of electric current directly from such company. In such event, Landlord shall (i) permit its risers, conduits and feeder, to terminate this Lease the extent available, suitable and safely capable, to be used to enable Tenant so to purchase electric current, (ii) without cost to Tenant, make such alterations and additions to the electrical equipment and/or appliances in the Building or elsewhere on the Property as may be required for such direct purchase, and (iii) at Landlord's expense, shall furnish and install any necessary metering equipment, which Tenant shall thereafter maintain and repair at its expense. In the event Landlord shall exercise such option, the Annual Base Rent and the Operating Expense Base shall be decreased by giving written notice an amount equal to the cost (which cost shall be determined by Landlord no later than in Landlord's sole reasonable discretion) of electricity furnished by Landlord to the seventieth (70th) consecutive day Premises and vacating no later than for Tenant's exclusive use elsewhere in the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant Building or on the Property as to both datesof the Term Commencement Date.

Appears in 1 contract

Samples: Lease Agreement (Acer Therapeutics Inc.)

Electricity. 14.01 A. Owner, at Owner's expense, shall redistribute or furnish electrical energy to or for the use of Tenant shall obtain electricity in the Demised Premises for the operation of the lighting fixtures and the electrical receptacles installed in the Demised Premises on the Commencement Date. There shall be no specific charge by way of measuring such electrical energy on any meter or otherwise, as the charge for the service of redistributing or furnishing such electrical energy has been included in the Fixed Rent on a direct meter so-called "rent inclusion" basis. The parties agree that although the charge for the service of redistributing or furnishing electrical energy is included in the Fixed Rent on a so-called "rent inclusion" basis, the value to Tenant of such service may not be fully reflected in the Fixed Rent. Accordingly, Tenant agrees that Owner may cause an independent electrical engineer or electrical consulting firm, selected by Owner, to make a determination, following the commencement of Tenant's normal business activities in the Demised Premises, of the full value to Tenant of such services supplied by Owner, to wit: the potential electrical energy supplied to Tenant annually based upon the estimated capacity of the electrical feeders, risers and wiring and other electrical facilities serving the Demised Premises. Such engineer or consulting firm shall certify such determination in writing to Owner and Tenant. If it shall be responsible for and pay to determined that the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible full value to Tenant of such service is in excess of FOUR THOUSAND ONE HUNDRED TWELVE and 50/100 ($4,112.50) DOLLARS (such sum is referred to as the "Electrical Inclusion Factor"), the parties shall enter into a written supplementary agreement, in form satisfactory to Owner, modifying this Lease as of the Commencement Date by increasing the Fixed Rent and the Electrical Inclusion Factor for any loss the entire Demised Term by an annual amount equal to such excess. However, if it shall be so determined that the full value to Tenant of such service does not exceed the Electrical Inclusion Factor, no such agreement shall be executed and there shall be no increase or damage decrease in the Fixed Rent or expense which Tenant may sustain or incur if the Electrical Inclusion Factor by reason of such determination. If either the quantity or character of electric electrical service is changed by the corporation(s) and/or other entity(ies) selected by Owner to supply electrical service to the Building or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical '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 written request Owner, or its agents, by reason of inconvenience or annoyance to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense interruption of Tenant's business, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesotherwise.

Appears in 1 contract

Samples: Lease (Vizacom Inc)

Electricity. 14.01 Tenant shall, in addition to paying Fixed Rent, pay for all electricity consumed in the Premises pursuant to a Landlord installed electric sub-meter or check meter to measure Tenant’s actual usage consumed within the Premises. Tenant shall obtain reimburse Landlord for all costs of such electricity based on the rate charged by the utility company to the Landlord (without xxxx-up by Landlord) on a monthly basis (currently estimated at $1.50/RSF), specifically within thirty (30) days upon receipt of Landlord’s invoice therefore, which invoice shall identify amount of electrical usage for the Demised Premises based on a direct such meter basis, Tenant shall be responsible or check meter for such month. Common area electricity and pay to Building HVAC electric charges are included in the applicable utility all common area maintenance charges for electricity as measured by such meterset forth in Section 4.2 of this Lease. Landlord Tenant’s use of electrical service in the Premises shall not in at any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never time exceed the capacity of any of the feeders to electrical conductors or other equipment in or otherwise serving the Premises or the Building or standard, as hereinafter provided. To ensure that such capacity is not exceeded and to avert possible adverse effects upon the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Building’s electrical system, Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten not, without at least thirty (1030) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written notice to and consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything connect to the contrary hereinBuilding electric distribution system any fixtures, should appliances or equipment which operates on a voltage of 277/480 volts nominal, or make any alteration or addition to the electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent system of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should In the event Tenant shall use (or request that it be allowed to use) electrical service in excess of that reasonably deemed by Landlord to be standard for the Building, Landlord may refuse to provide such excess usage or refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects (including, but not limited to, the installation of utility service interruption prevent Tenant from using at least seventyupgrades, sub-five meters, air handlers or cooling units), and all such additional usage (75%) of the Demised Premises for more than sixty (60) days and be due except to the sole fault extent prohibited by law), installation and maintenance thereof shall be paid for by Tenant, as additional rent, upon Landlord’s demand, so long as no other tenants are receiving excess usage. It is understood that the electrical generated service to the Premises may be furnished by one or more generators of Landlordelectrical power and that the cost of electricity may be billed as a single charge or divided into and billed in a variety of categories, Tenant such as distribution charges, transmission charges, generation charges, congestion charges, capacity charges, public good charges, and other similar categories, and may also include a fee, commission or other charge by an unaffiliated broker, aggregator or other intermediary for obtaining or arranging the supply of generated electricity. Landlord shall have the right to terminate this Lease by giving written notice select the generator of electricity to the Premises and to purchase generated electricity for the Premises through a broker, aggregator or other intermediary and/or buyers group or other group and to change the generator of electricity and/or manner of purchasing electricity from time to time. As used herein, the term “generator of electricity” shall mean one or more companies (including, but not limited to, an electric utility, generator, independent or non-regulated company) that provides generated power to the Premises or to the Landlord no later than to be provided to the seventieth (70th) consecutive day and vacating no later than Premises, as the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datescase may be.

Appears in 1 contract

Samples: Lease (Demandware Inc)

Electricity. 14.01 Tenant Electricity for outlets and overhead lights used in the Premises shall obtain electricity be supplied for the Demised purposes of lighting and general office equipment use in amounts consistent with Building standard electrical capacities, not to exceed three (3) xxxxx per Rentable Square Foot of the Premises, and the cost thereof shall be included in Expenses. Tenant acknowledges that Tenant’s intended use of the Premises on excludes material use of the Premises beyond Business Hours. Material use shall be deemed to mean the operation of an additional “shift”, either full or part time, or use of the Premises after Business Hours in any way that may preclude or interfere with the providing of janitorial services to the Premises. In the event Tenant’s use of the Premises requires more electrical power than set forth above, whether by intensity of use, load or type of equipment, Tenant may then be billed for such additional use and such xxxxxxxx will be billed to Tenant as Additional Rent. Landlord will utilize Landlord’s customary method of billing Tenant for excess electrical power consumption. At Landlord’s option, Landlord, at Tenant’s expense, may have an engineer estimate Tenant’s usage, and xxxx Tenant at standard utility rates for the excess usage or install a direct meter basissubmeter for the purposes of monitoring Tenant’s excess power consumption. Landlord and Tenant agree that Landlord’s implementation of the electrical monitoring and billing procedures set forth herein shall in no way be construed so as to deem Landlord a private or public utility company. Landlord shall maintain the light fixtures and install lamps, bulbs, ballasts and starters in the Premises at Tenant’s expense based upon Landlord’s actual cost for providing such maintenance, without markup. If Tenant desires signal, communication, alarm or other utility or similar service connections installed or changed, Tenant shall not install or change the same without the approval of the Landlord, which approval shall not be responsible unreasonably withheld and then only under direction of Landlord and at Tenant’s expense. Except as shown on the Space Plan and the Finish Plan (defined in Exhibit E) Tenant shall not install in the Premises any equipment which requires a substantial amount of electrical current without the advance written consent of the Landlord, and the Tenant shall ascertain from the Landlord the maximum amount of load or demand for use of electrical current which can safely be permitted in the Premises, taking into account the capacity of the electric wiring in the Building and pay to the applicable utility all charges for electricity as measured by such meter. Landlord needs of other tenants of the Building, and shall not in any way be liable event connect a greater load then such safe capacity. The Tenant shall not tamper with any other Building utility systems without authorization from the Landlord. The running of cable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either pipe between suites also requires Landlord authorization and will occur at the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesif approved.

Appears in 1 contract

Samples: Lease Agreement (CHG Healthcare Services, Inc.)

Electricity. 14.01 Tenant Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall obtain electricity for the Demised Premises on a direct meter basismake or cause to be made, Tenant shall be responsible for and pay customary arrangements with utility companies and/or public service companies to furnish electric current to the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable Premises for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of Premises for the feeders to the Building or the risers or wiring installation which Permitted Uses in a normal and customary manner. If Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed reasonably determines by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five an electrical consumption survey or by other reasonable means that Tenant is using electric current (75%including overhead fluorescent fixtures) percent in excess of .60 kilowatt hours per square foot of rentable area in the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five Premises per month, as determined on an annualized basis (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord“Excess Electrical Usage”), Tenant then Landlord shall have the right to terminate this Lease charge Tenant an amount equal to Landlord’s reasonable estimate of Tenant’s Excess Electrical Usage, and shall have the further right to install an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by giving written notice Tenant. Tenant shall pay to Landlord Landlord, from time to time, but no later more frequently than monthly, for its Excess Electrical Usage at the seventieth Premises, plus Landlord’s charge equal to five percent (70th5%) consecutive day of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and vacating no later reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or other charges in connection therewith. All electricity other than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Excess Electrical Usage shall be provided to Tenant as no additional cost. Electricity utilized in connection with supplying HVAC service to both datesthe Premises during Overtime Periods pursuant to Section 10.5 below shall not be deemed Excess Electrical Usage, as the cost of such electricity is included in the rates for supplying HVAC service during Overtime Periods as set forth in Section 10.5.

Appears in 1 contract

Samples: Lease (Inphi Corp)

Electricity. 14.01 Section 13.1. Tenant shall obtain at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity for to the Demised Building. The riser serving the Premises on a direct meter basisshall be capable of supplying six (6) wattx xx electricity per rentable square foot of the Premises (exclusive of Building HVAC) and Tenant shall not use any electrical which, in Landlord's reasonable judgment, would exceed such capacity or which will overload such installations or interfere with the electrical service to other tenants of the Building. In the event that, in Landlord's sole judgment, Tenant's electrical requirements necessitate installation of an additional riser, risers or other proper and necessary equipment, Landlord shall so notify Tenant of same. Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electrical capacity (specifying the amount requested) be responsible for made available to Tenant. Landlord, in Landlord's sole judgment shall determine whether to make available such additional electrical capacity to Tenant and pay the amount of such additional electrical capacity to the applicable utility all charges for electricity as measured by such meterbe made available. If Landlord shall not in agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either switchgear, the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will same shall be installed by Landlord, . Any such installation shall be made at the Tenant's sole cost and expense of Tenantexpense, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are be chargeable and collectible as Additional Rent additional rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering rendition of any xxxx or statement to the a bill xx Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned liable in any way to Tenant for any failure or delayed. Notwithstanding anything defect in the supply or character of electric service furnished to the contrary hereinPremises by reason 45 of any requirement, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent act or omission of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume utility serving the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises Building or for more than sixty (60) days and be due any other reason not attributable to the sole fault gross negligence of Landlord, Tenant shall have the right to terminate this Lease whether electricity is provided by giving written notice to Landlord no later than the seventieth (70th) consecutive day public or private utility or by any electricity generation system owned and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesoperated by Landlord.

Appears in 1 contract

Samples: Agreement of Lease (Fibernet Telecom Group Inc\)

Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service electrical energy furnished to the Demised Premises by reason of any requirement, act or omission of the public utility serving the Building with electricity. Tenant's use of electrical energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is changed not exceeded and to avert possible adverse affect upon the Building electrical services, Tenant in connecting any fixtures, appliances, or is no longer available or suitable for Tenant’s requirements. equipment to the electrical distribution system of the Building shall not exceed the building standard specifications set forth in EXHIBIT C. Any additional riser feeders or risers to supply Tenant’s 's electrical requirementsrequirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, upon written request to Tenant, will shall be installed by LandlordTenant, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the same installation of such feeders or risers will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous condition. Tenant agrees that it will not make any alteration or hazardous condition or interfere with or disturb other tenants or occupants. In material addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric electrical equipment and/or appliances in the Premises without the prior written consent of Landlord in each instanceinstance first obtained, which consent shall will not be unreasonably withheld, conditioned and will promptly advise Landlord of any alteration or delayedaddition to such electrical equipment and/or appliances. Notwithstanding anything to the contrary hereinTenant, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of Tenant's expense, shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 1 contract

Samples: Lease (Genzyme Corp)

Electricity. 14.01 Tenant shall obtain electricity pay to Landlord, as Additional Rent, for each Lease Year during the Main Term and any Renewal Term (as defined in the Addendum to Lease), an amount equal to the amount of Electricity charges attributable to the Premises as determined by Landlord in accordance with this Section 4.06. Tenant shall pay to Landlord at the rate paid by Landlord to the utility service company or companies providing electric, gas or other energy to the Building plus all charges for electricity, gas or other energy applicable to the Premises, at the then prevailing rates for all electricity, gas or energy consumed, used or provided at or to the Premise for Tenant’s heating, air-conditioning, ventilation, lighting, appliances, plug loads and other electrical, gas or energy demands, including all taxes, delivery and administrative charges paid to third parties to read the Meters (defined hereinafter) used to measure Tenant’s electric, gas or energy consumption applicable to the Premises (collectively “Electricity”). Tenant shall pay Landlord for Electricity charges attributable to the Premises on the first day of each month, based upon estimated charges for Electricity consumed as reasonably determined by Landlord and as set forth in a notice, such notice to include the basis for such calculation, to be provided to Tenant not less than once per calendar year, it being understood that Tenant’s first (1st) payment for Electricity following receipt of such notice shall be due thirty (30) days following receipt of Landlord’s notice. If Landlord shall delay in providing such notice, Tenant shall nonetheless continue to be responsible for making such payments at the previously charged rate and will be responsible to pay any increased charges when such notice is provided by Landlord. If during the course of any Lease Year, Landlord shall have reason to believe that the cost of Electricity or the consumption of Electricity by Tenant are different than that upon which the aforesaid estimates were originally based, then Landlord shall be entitled, but shall not be obligated, not more than one (1) time per calendar quarter, to adjust the amount by reallocating the remaining payment for such Lease Year, for the Demised Premises on a direct meter basismonths of the Lease Year which remain for the revised projections, and to notify Tenant of an adjustment in future monthly amounts, upon receipt of which, Tenant shall pay to Landlord such adjusted amount as Additional Rent. Except as otherwise set forth herein, Landlord shall measure and/or calculate the use of Electricity at the Premises by means of flow meters or sub-meters installed on or about the Premises or Building (“Meters”) and shall cause the Meters to be read by a meter reading service not less than each calendar quarter. With respect to any area of the Premises that does not have Meters for Tenant’s Electricity that are separate from other tenant spaces, Landlord shall may measure and/or calculate the use of Electricity at the Premises by reasonable means, taking into account the readings of Meters that are in the Building and the relative consumption of Electricity and operations of Tenant as compared to other tenants sharing electric, gas or other energy service. Tenant shall have the right to hire a meter reading service to read the Meters at Tenant’s sole cost and expense provided that Tenant’s meter reading service shall be accompanied by either a representative or Landlord or Landlord’s meter reading service. As of the date of delivery of the Premises the Meters serving the Premises shall be operating. Landlord, at its expense (subject to Tenant’s obligations under Section 8.03), shall be responsible for maintaining, repairing and pay to replacing the applicable utility all charges for electricity as measured by Meters such meterthat the same are in good working order and condition during the Term and any extension thereof. Within ninety (90) days following December 31st of each year, Landlord shall not in any way be liable or responsible furnish to Tenant a statement covering such year just expired, showing the amount of Tenant’s Electricity costs for such year and the payments made by Tenant with respect to such year as set forth herein. If Tenant’s aggregate monthly payments for such Electricity with respect to such year are greater than the costs attributable to Tenant for any loss or damage or expense which same, Tenant may sustain or incur shall receive a credit for the excess against monthly Rent payments next becoming due to Landlord or, if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirementsLease Term has expired, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation reimbursement of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord excess payment within ten sixty (1060) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instancesuch determination, which consent reimbursement shall not to be unreasonably withheld, conditioned or delayed, the preceding clause to survive expiration of this Lease. Notwithstanding anything If said payments are less than the costs attributable to the contrary herein, should electric service be interrupted Tenant for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordsame, Tenant shall have the right to terminate this Lease by giving written notice pay to Landlord no later than the seventieth difference within thirty (70th30) consecutive day days of receipt of a detailed invoice and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesreasonable back-up from Landlord.

Appears in 1 contract

Samples: Agreement of Lease (TRAC Intermodal LLC)

Electricity. 14.01 A. Owner, at Owner's expense, shall redistribute 30 or furnish electrical energy to or for the use of Tenant shall obtain electricity for in the Demised Premises for the operation of the lighting fixtures and the electrical receptacles to be installed in the Demised Premises as shown on Tenant's Plan to be approved by Owner. There shall be no specific charge by way of measuring such electrical energy on any meter or otherwise, as the charge for the service of redistributing or furnishing such electrical energy has been included in the Fixed Rent on a direct meter so-called "rent inclusion" basis. The parties agree that although the charge for the service of redistributing or furnishing electrical energy is included in the Fixed Rent on a so-called "rent inclusion" basis, the value to Tenant of such service may not be fully reflected in the Fixed Rent. Accordingly, Tenant agrees that Owner may cause an independent electrical engineer or electrical consulting firm, selected by Owner and approved by Tenant, to make a determination within one (1) year following the commencement of Tenant's normal business activities in the Demised Premises, of the full value to Tenant of such services supplied by Owner, to wit: the potential electrical energy supplied to Tenant annually based upon the estimated capacity of the electrical feeders, risers and wiring and other electrical facilities serving the Demised Premises. Such engineer or consulting firm shall certify such determination in writing to Owner and Tenant. If it shall be responsible for and pay to determined that the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible full value to Tenant of such service is in excess of NINETEEN THOUSAND TWO HUNDRED SIXTY-SEVEN AND 48/100 ($19,267.48) DOLLARS (such sum is referred to as the "Electrical Inclusion Factor"), the parties shall enter into a written supplementary agreement, in form satisfactory to Owner, modifying this Lease as of the Commencement Date by increasing the Fixed Rent and the Electrical Inclusion Factor for any loss the entire Demised Term by an annual amount equal to such excess. However, if it shall be so determined that the full value to Tenant of such service does not exceed the Electrical Inclusion Factor, no such agreement shall be executed and there shall be no increase or damage decrease in the Fixed Rent or expense which Tenant may sustain or incur if the Electrical Inclusion Factor by reason of such determination. If either the quantity or character of electric electrical service is changed by the public utility corporation supplying electrical service to the Building or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical '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 written request Owner, or its agents, by reason of inconvenience or annoyance to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense interruption of Tenant's business, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesotherwise.

Appears in 1 contract

Samples: Lease (Nelson Communications Inc)

Electricity. 14.01 Tenant (A) Landlord shall obtain electricity furnish for Tenant’s use in the Demised Premises on demised premises, at a direct meter basislocation designated by Landlord, up to fifteen (15) xxxxx of electric current (at 120/208 volts) per rentable square foot upon and subject to the terms and conditions set forth in this Article. In bringing such current from such designated location to the premises, Tenant shall use only such electrical contractors as are then on the approved list for the Building. Any additional current required by Tenant shall be responsible provided by Landlord, if available, at a cost of $250.00 per amp (for and pay to 120/208 volt service) if provided during the applicable utility all charges for electricity as measured by such metertwelve (12) month period after the date hereof, and, if later provided, at Landlord’s then standard charge. Landlord Electrical service shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable sized for Tenant’s requirements. Any additional riser or risers to supply estimated ultimate demand as shown on its approved plans (although Landlord’s approval of such aspect of Tenant’s electrical requirementsplans shall not constitute any agreement on Landlord’s part to maintain the availability of such capacity for Tenant’s future use) and shall, upon written initially, be downsized via a fuse on the Building side of the service. Tenant shall be charged for additional current capacity as the fuse size is changed at Tenant’s request to increase the electric capacity. If at any time during the Term, whether before or after Tenant’s capacity is increased or decreased, Landlord reasonably determines that Tenant is not using any portion of the electric capacity then servicing the demised premises, then Landlord shall have the right, after not less than thirty (30) days notice to Tenant, will be installed to recapture any such capacity not then being used by LandlordTenant without compensation to Tenant; provided, at however, that if within the sole cost and expense thirty (30) day period following delivery of Tenant, unless, in such notice Tenant presents Landlord’s reasonable judgmentelectrical consultant (“Landlord’s Electrical Consultant”) with evidence reasonably acceptable to Landlord’s Electrical Consultant that Tenant will actually be using on a sustained basis all or a part of the capacity intended to be recaptured by Landlord within thirty (30) days thereafter, the same will cause permanent damage which evidence shall be supported by a memorandum prepared and signed by Tenant’s reputable independent electrical engineer or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risersqualified consultant (“Tenant’s Electrical Consultant”), then Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees not recapture that at all times its use of electric current shall never exceed the capacity of the feeders to the Building portion (or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%all) of the Demised Premises for more than sixty (60) days and capacity intended to be due to the sole fault of Landlordrecaptured by Landlord that Landlord reasonably determines that Tenant has so proven it will be using. If Landlord so recaptures any capacity and, at a later date, Tenant requires additional capacity, Landlord shall have use all reasonable efforts to provide the right same and Tenant will not be required to terminate this Lease pay the per amp charge referred to above for such part of the additional capacity as had been recaptured. Tenant’s consumption of electrical energy at the demised premises shall be measured by giving written notice submeters to be installed and maintained by Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesat Tenant’s expense.

Appears in 1 contract

Samples: Agreement (American Fiber Systems, Inc.)

Electricity. 14.01 Tenant shall obtain will be billed for electricity for the Demised Premises Tenant's lights and outlet consumption on a direct meter basismonthly basis based on an annual estimate of $1.00 per rentable square foot. Should the actual average expense to Landlord per square foot for Tenant's electricity be different, Tenant an additional charge or a credit will be made at the end of each year's occupancy to be paid with or credited against the next monthly charge for Tenant's electricity. Notwithstanding the foregoing, Landlord reservxx xxx right to assess Tenant's charge for electricity based on an engineer's survey of Tenxxx'x electrical usage conducted from time to time or on the sub-metering of all or part of the Premises. Such charges for Tenant's electricity shall be responsible for paid by Tenant as additional rent at txx xxxe time and pay in the same manner as xxxxxnts of Annual Rent. Tenant covenants and agrees that its use of electric current shall not exceed 4.0 watts per square foot of usable floor area and that its total connecxxx xighting load will not exceed the maximum load from time to time permitted by applicable governmental regulations. In the applicable utility all charges for electricity event Tenant introduces into the Premises personnel or equipment which overloads the capacity of the Building's electrical system or in any other way interferes with the system's ability to perform properly, supplementary systems including check meters may, if and as measured needed, at Landlord's option, be provided by such meterLandlord, at Tenant's expense. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if if, during the Term of this Lease, either the quantity or character of electric service current is changed or electric current is no longer available or suitable for Tenant’s requirements's requirements due to a factor or cause beyond Landlord's control. Any additional riser or risers Landlord reserves the exclusive right to supply Tenant’s electrical requirementsprovide electric and other utility service to the Building. Tenant may request permission from Landlord (which consent may be withheld in its sole discretion) to arrange electric and other utility service exclusively serving the Premises. Should such permission be granted, upon written request to Tenanthowever, will such service shall be installed only in such locations and in such manner as shall be specifically approved by LandlordLandlord in its sole discretion, Tenant shall be responsible for restoration of any damage caused by such installation and Tenant shall be responsible for removal of such installations at the sole cost and expense termination of this Lease. Landlord may limit Tenant's choice of electrical or other utility providers in order to avoid proliferation of such services to the Building or for any other reason. In no event, unlesshowever, shall Landlord be responsible for any damages or inconvenience caused by interruption in Landlord’s reasonable judgment, the same will cause permanent damage or injury poor quality of electricity or other utility services provided to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of unless such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed damages are caused by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault negligence of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesits agents or employees.

Appears in 1 contract

Samples: Novirio Pharmaceuticals LTD

Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed electrical energy furnished to the Leased Premises by reason of any requirement, act or is no longer available or suitable for omission of the public utility serving the Building with electricity. Tenant’s requirementsuse of electrical energy in the Leased Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Leased Premises as shown on Landlord’s Building Plans. Tenant shall not install or operate in the Leased Premises any electrically operated equipment which uses electric current in excess of the capacity of the feeders and panel boards serving the Leased Premises as shown on Landlord’s Building Plans without Landlord’s written consent, which consent may be conditioned upon Tenant’s agreement to pay the cost of any additional wiring which may be required for the operation of such equipment in order to insure that such capacity is not exceeded and to avert a possible adverse effect upon the Building electrical service Tenant shall give notice to Landlord whenever Tenant shall connect to the Building electrical distribution system any electrically operated equipment other than lamps, typewriters and similar small office machines. Any additional riser feeders or risers to supply Tenant’s electrical requirementsrequirements in addition to those originally installed, upon written request to Tenantand all other equipment proper and necessary in connection with such feeders or risers, will shall be installed by LandlordLandlord upon Tenant’s request, at the sole cost and expense of Tenant, unlessprovided that, in Landlord’s reasonable judgment, such additional feeders or risers are permissible under applicable laws and insurance regulations and the same installation of such feeders or risers will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants of the Building. All Floors occupied entirely by Tenant shall be separately metered or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost sub-metered for electricity and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity parts of the feeders to the Building Leased Premises, may, at Landlord’s option, be separately metered or the risers or wiring installation which Landlord represents is sufficient sub-metered for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforelectricity. Tenant shall make no alterations pay (or additions reimburse Landlord for) the cost of purchasing and installing separate electric meters or sub-meters for each whole Floor and each part of a Floor included in the Leased Premises, and for any other part of the Leased Premises which Landlord elects to have metered or sub-metered. Tenant shall pay directly to the electric equipment and/or appliances without the prior written consent of Landlord public utility company all charges for electricity used by Tenant in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent all parts of the Demised PremisesLeased Premises which are separately metered, Fixed Rent or Tenant shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent reimburse Landlord directly for its electrical usage in all parts of the Demised PremisesLeased Premises which are sub-metered. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant Landlord shall have the right from time to terminate this Lease time to have a survey made by giving written notice an independent electrical engineer or electrical consulting firm to be selected and paid for by Landlord no later than to determine the seventieth (70th) consecutive day and vacating no later than amount of electricity consumed by Tenant in the ninetieth (90th) consecutive dayparts of the Leased Premises which do not consist of an entire Floor. TIME BEING OF THE ESSENCE for Tenant shall pay to Landlord, as to both datesmonthly intervals upon receipt of an invoice therefor, the cost of electricity it consumes in the parts of the Leased Premises which do not consist of an entire Floor as determined by such electrical engineer or consulting firm.

Appears in 1 contract

Samples: Agreement of Sublease (ICF International, Inc.)

Electricity. 14.01 A. Owner, at Owner's expense, shall redistribute or furnish electrical energy to or for the use of Tenant shall obtain electricity in the Demised Premises for the operation of the lighting fixtures and the electrical receptacles installed in the Demised Premises on the Commencement Date. There shall be no specific charge by way of measuring such electrical energy on any meter or otherwise, as the charge for the service of redistributing or furnishing such electrical energy has been included in the Fixed Rent on a direct meter so-called "rent inclusion" basis. The parties agree that although the charge for the service of redistributing or furnishing electrical energy is included in the Fixed Rent on a so-called "rent inclusion" basis, the value to Tenant of such service may not be fully reflected in the Fixed Rent. Accordingly, Tenant agrees that Owner may cause an independent electrical engineer or electrical consulting firm, selected by Owner, to make a determination, following the commencement of Tenant's normal business activities in the Demised Premises, of the full value to Tenant of such services supplied by Owner, to wit: the potential electrical energy supplied to Tenant annually based upon the estimated capacity of the electrical feeders, risers and wiring and other electrical facilities serving the Demised Premises. Such engineer or consulting firm shall certify such determination in writing to Owner and Tenant. If it shall be responsible for and pay to determined that the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible full value to Tenant of such service is in excess of FIVE THOUSAND SEVEN HUNDRED TWENTY FIVE and 50/100 ($5,725.50) DOLLARS (such sum is referred to as the " Electrical Inclusion Factor"), the parties shall enter into a written supplementary agreement, in form satisfactory to Owner, modifying this Lease as of the Commencement Date by increasing the Fixed Rent and the Electrical Inclusion Factor for any loss the entire Demised Term by an annual amount equal to such excess. However, if it shall be so determined that the full value to Tenant of such service does not exceed the Electrical Inclusion Factor, no such agreement shall be executed and there shall be no increase or damage decrease in the Fixed Rent or expense which Tenant may sustain or incur if the Electrical Inclusion Factor by reason of such determination. If either the quantity or character of electric electrical service is changed by the corporation(s) and/or other entity(ies) selected by Owner to supply electrical service to the Building or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical '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 written request Owner, or its agents, by reason of inconvenience or annoyance to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or interruption of Tenant's business, or otherwise, unless such change, unavailability or unsuitability is caused by Owner's negligence or willful misconduct or the Demised Premises negligence or cause willful misconduct of Owner's agents, employees or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datescontractors.

Appears in 1 contract

Samples: Vizacom Inc

Electricity. 14.01 Tenant Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall obtain electricity for the Demised Premises on a direct meter basismake or cause to be made, Tenant shall be responsible for and pay customary arrangements with utility companies and/or public service companies to furnish electric current to the applicable utility all charges Premises for electricity Tenant's use in accordance with the Design Standards. If Landlord reasonably determines by the use of an electrical consumption survey or by other reasonable means that Tenant is using electric current (including overhead fluorescent fixtures) in excess of .60 kilowatt hours per square foot of usable area in the Premises per month, as measured by such meter. determined on an annualized basis ("Excess Electrical Usage"), then Landlord shall not have the right to charge Tenant an amount equal to Landlord's reasonable estimate of Tenant's Excess Electrical Usage, and shall have the further right to install an electric current meter, sub-meter or check meter in any way be liable or responsible the Premises (a "Meter") to Tenant for any loss or damage or expense which Tenant may sustain or incur if either measure the quantity or character amount of electric service is changed or is no longer available or suitable for Tenant’s requirementscurrent consumed in the Premises. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole The cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risersMeter special conduits, Landlord will also at the sole cost wiring and expense of Tenant, install all other equipment proper and necessary panels needed in connection therewith subject to and the aforesaid terms installation, maintenance and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and repair thereof shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforTenant. Tenant shall make pay to Landlord, from time to time, but no alterations or additions more frequently than monthly, for its Excess Electrical Usage at the Premises. The rate to be paid by Tenant for submetered electricity shall not exceed the amount paid by Landlord to the electric equipment and/or appliances without the prior written consent supplier of Landlord such service, together with any taxes or other charges in each instance, which consent shall not be unreasonably withheld, conditioned or delayedconnection therewith. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord If Tenant so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlordrequests, Tenant shall have the right to terminate this Lease by giving written notice install, at its sole cost and expense, meters on each floor of the Premises to measure Tenant's electrical consumption within the Premises and, in such event, Tenant shall pay Landlord monthly for the cost of electricity consumed within the Premises and Landlord shall exclude from Operating Expenses the cost of electricity so consumed within the leased premises of other tenants of the Building. Excess Electricity. Tenant shall at all times comply with the rules and regulations of the utility company supplying electricity to the Building. Tenant shall not use any electrical equipment which, in Landlord's reasonable judgment, would exceed the capacity of the electrical equipment serving the Premises. If Landlord determines that Tenant's electrical requirements necessitate installation of any additional risers, feeders or other electrical distribution equipment (collectively, "Electrical Equipment"), or if Tenant provides Landlord with evidence reasonably satisfactory to Landlord no later than of Tenant's need for excess electricity and requests that additional Electrical Equipment be installed, Landlord shall, at Tenant's expense, install such additional Electrical Equipment, provided that Landlord, in its sole judgment, determines that (a) such installation is practicable and necessary, (b) such additional Electrical Equipment is permissible under applicable Requirements, and (c) the seventieth (70th) consecutive day and vacating no later than installation of such Electrical Equipment will not cause permanent damage to the ninetieth (90th) consecutive dayBuilding or the Premises, cause or create a hazardous condition, entail excessive or unreasonable alterations, interfere with or limit electrical usage by other tenants or occupants of the Building or exceed the limits of the switchgear or other facilities serving the Building, or require power in excess of that available from the utility company serving the Building. TIME BEING OF THE ESSENCE for Any costs incurred by Landlord in connection therewith shall be paid by Tenant as to both dateswithin 10 days after the rendition of a xxxx therefor.

Appears in 1 contract

Samples: Lease (PMC Sierra Inc)

Electricity. 14.01 Tenant shall obtain electricity for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to Landlord, as Additional Rent, any costs associated with providing any building services or utilities to or for Tenant at times other than the applicable Normal Business Hours (including, but not limited to, during the initial build-out of Premises, unless Tenant has commenced the payment of Rent under this Lease), as determined from time to time by Landlord, and the costs of any modification to any Office Center utility all charges for electricity as measured by such meteror service system necessary to accommodate Tenant. Notwithstanding the foregoing, Landlord shall not be required to make any modification to any utility or service system of the Office Center on behalf of Tenant. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service or any other utility service to the Premises is changed or is no longer available or suitable for Tenant’s 's requirements. Any additional riser Tenant's use of electrical and heating, ventilating, and air conditioning services furnished by Landlord shall not exceed, either in voltage, rated capacity, use, or risers overall load, that which Landlord deems to supply Tenant’s be standard for the Office Center. If Tenant requests permission to consume electrical requirementsor heating, ventilating, and air conditioning services in excess of those deemed by Landlord to be standard for the Office Center, Landlord may refuse to consent to such usage or may consent upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to such conditions as Landlord elects (including the installation of utility service upgrades, submeters, air handlers, or cooling units), and all costs associated with such riser or risers, Landlord will also at additional usage and the sole cost installation and expense maintenance of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and facilities therefor shall be paid by Tenant as Additional Rent. In no event shall Landlord be liable for damages resulting from any of the fixtures or equipment in the Office Center being out of repair, or for injury to persons, property, or business caused by any defects in the electric, elevator, HVAC, or water apparatus, or for any damages arising out of the failure to furnish HVAC, elevator, water, janitor, or other service, unless due to the gross negligence or intentional wrongful acts of Landlord, and any such interruption or failure shall in no manner constitute an actual or constructive eviction of Tenant or entitle Tenant to the Landlord within ten (10) days after the rendering abatement of any xxxx or statement to the Tenant thereforRent due under this Lease. Tenant shall make no alterations or additions expressly acknowledges that if Landlord, from time to the electric equipment and/or appliances without the prior written consent of time, elects to provide security services, Landlord in each instance, which consent shall not be unreasonably withhelddeemed to have warranted the efficiency of such security personnel, conditioned services, procedures, or delayed. Notwithstanding anything to equipment and Landlord shall not be liable in any manner for the contrary hereinfailure of any such security personnel, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as services, procedures, or equipment to prevent Tenant from using at least seventy-five (75%) percent of or control, or apprehend anyone suspected of, personal injury or property damage in, on, or around the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesOffice Center.

Appears in 1 contract

Samples: Asa International LTD

Electricity. 14.01 Landlord shall provide electricity to the Premises through the Base Building electrical system to be installed by Landlord as part of Landlord’s Work. Tenant’s electrical use in the Premises shall be separately metered for lights, plugs, and electricity to power Tenant’s HVAC equipment, which meter shall be installed by Tenant shall obtain electricity for as part of Tenant’s Work, at Landlord’s cost and expense, and from and after the Demised Premises on a direct meter basisCommencement Date, Tenant shall be responsible pay for and pay all electricity charges directly to the applicable utility supplier of the same. Tenant shall maintain in good order and repair (and replace, if necessary) all charges for electricity as measured by such metermeters serving the Premises. Landlord Tenant shall not install or use within the Premises any equipment, appliance or machine which shall require amounts of electrical energy exceeding the standard capacity provided for the Premises (based on the capacity set forth in any way be liable the Base Building Plans and Specifications) unless the installation and use of such additional equipment, appliance, or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed machine has been approved by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything If Tenant fails to pay any charges for electricity on a timely basis, and such failure remains uncured for thirty (30) days after notice thereof to Tenant, then Landlord may pay such charges directly to the contrary hereinutility company, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five shall reimburse Landlord as Additional Rent for all amounts reasonably expended by Landlord in connection therewith within thirty (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (6030) days and after receipt of an invoice therefor. Landlord shall not be due liable in any way to Tenant for any failure, defect or interruption of, or change in the supply, character and/or quantity of electricity service furnished to the sole fault Premises by any utility provider, except to the extent caused by the negligence or willful misconduct of Landlordany Landlord Party, Tenant shall have but subject to the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day provisions of Sections 13.5 and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates16.22.

Appears in 1 contract

Samples: Transportation Access Plan Agreement (CarGurus, Inc.)

Electricity. 14.01 (a) Tenant shall obtain electric power for use in the Premises and the Equipment Space directly from the public utility or other electricity for provider furnishing electricity service to the Demised Premises on a direct meter basisBuilding from time to time (the "Electricity Provider"), and Tenant shall be solely responsible for the payment of all utility bills and pay charges in connection therewith, including all sales and other taxes and surcharges. Notwithstanding the foregoing, until such time as Tenant elects to assume, and the Electricity Provider is willing to assign or otherwise transfer to Tenant, the permanent power supply contract with respect to the applicable utility Premises, Landlord shall pursue with commercially reasonable diligence the delivery of the permanent power supply to the Premises from the Electricity Provider. Tenant shall, within thirty (30) days of receipt of reasonably detailed invoices and receipts, reimburse Landlord for all charges for electricity as measured actual, out-of-pocket expenses incurred by Landlord in connection with the procurement of the permanent power supply to the Premises, provided, however, that Landlord shall notify Tenant in advance of any anticipated expenses to be incurred by Landlord in connection with obtaining such meterpermanent power supply which exceed $5,000. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer make available or suitable for Tenant’s requirements. Any additional riser or risers cause to supply Tenant’s electrical requirements, upon written request be made available to Tenant, will on or before the date that is forty-five (45) days prior to Rent Commencement Date for Space A, for Tenant's exclusive use, Tenant's Power Vault. If Landlord fails to timely deliver Tenant's Power Vault, subject to Tenant Delays, Landlord shall take all commercially reasonable measures, specifically including the employment of contractors or labor at overtime or other premium pay rates and the use of fast-track construction methods, to complete and deliver Tenant's Power Vault as soon as practicable after such date. Tenant shall be installed by Landlordsolely responsible, at the Tenant's sole cost and expense of Tenantexpense, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to for the installation of all electrical power cabinets, bus ducts, pressure switches, disconnect switches, transformers, risers and other electrical facilities and equipment required in order to obtain electric power from the Electricity Provider, to deliver such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject power to the aforesaid terms Premises and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesdistribute it therein.

Appears in 1 contract

Samples: Digital Island Inc

Electricity. 14.01 (a) Tenant shall obtain electricity may make its own arrangements with the public utility company servicing the demised premises for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility payment of all charges for electricity consumed at the demised premises by Tenant. In no event shall Landlord be responsible for charges for electricity consumed at the demised premises by Tenant. Notwithstanding the foregoing, if electric current be supplied by Landlord, which Landlord reserves the right to do at its sole option, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at terms and rates set by Landlord in subparagraph (b) below. Where more than one meter measures the service of Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefor shall be rendered at such times as measured Landlord may elect in the amount computed from a meter. In the event that such bills are not paid within fifteen (15) days after the same are rendered, the Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by Tenant by such meterdiscontinuance of service. Landlord shall not in any way wise be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s 's electrical requirements. Any additional riser or risers to supply Tenant’s 's electrical requirements, upon written request to of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessif, in Landlord’s reasonable 's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building building or the Demised Premises demised premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupantsoccupants of the building. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the Building building or the risers or wiring installation which installations. Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all may discontinue any of the aforesaid costs services upon thirty (30) days notice to Tenant without being liable to Tenant therefor or without in any way affecting this lease or the liability of Tenant hereunder or causing a diminution of rent and expenses are chargeable and collectible as Additional Rent and the same shall not be paid by deemed to be lessening or diminution of services within the meaning of any law, rule or regulation now or hereafter enacted, promulgated or issued. In the event Landlord gives such notice of discontinuance Landlord shall permit Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforreceive such service direct from a public utility company. Tenant shall make no alterations alteration or additions addition to the electric equipment and/or appliances without the prior written consent of Landlord in each instance. If any tax is imposed upon Landlord's receipt from the sale or resale of electrical energy or gas or telephone service to Tenant by any Federal, which consent shall not be unreasonably withheld, conditioned State or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordMunicipal Authority, Tenant covenants and agrees that, where permitted by law, Tenant's pro-rata share of such taxes shall have be passed on to, and included in the right xxxx and paid by Tenant to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesLandlord.

Appears in 1 contract

Samples: Icc Technologies Inc

Electricity. 14.01 Tenant shall obtain electricity purchase the electrical energy that Tenant requires for operation of the lighting fixtures, appliances and equipment (including without limitation all air conditioning equipment) servicing the Demised Premises on a direct Premises. The costs of initially installing any required meter basisshall be paid by Landlord, but Tenant shall be responsible for keep said meter and pay to the applicable utility all charges for electricity as measured by such meterinstallation equipment in good working order and repair. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed electrical energy furnished to the Demised Premises by reason of any requirement, act or is no longer available omission of the public utility serving the Building with electricity unless due to the act or suitable for omission of Landlord. Tenant’s requirementsuse of electrical energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electrical services Tenant shall give notice to Landlord and obtain Landlord’s prior written consent whenever Tenant shall connect to the Building electrical distribution system any fixtures, appliances or equipment other than lamps, typewriters and similar small machines. Any additional riser feeders or risers to supply Tenant’s electrical requirementsrequirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, upon written request to Tenant, will shall be installed by Landlord, Tenant at the sole cost and expense of Tenant, unless, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the installation of such feeders or risers has been approved in Landlord’s reasonable judgment, the same writing by Landlord in advance thereof and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants of the Building. Tenant agrees that it will not make any alteration or occupants. In material addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric electrical equipment and/or appliances in the Demised Premises without the prior written consent of Landlord in each instanceinstance first obtained, which consent shall will not be unreasonably withheld, conditioned and will promptly advise Landlord of any alteration or delayedaddition to such electrical equipment and/or appliances. Notwithstanding anything to the contrary hereinLandlord, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of Tenant’s expense, shall install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 1 contract

Samples: Agreement of Lease (Investment Technology Group Inc)

Electricity. 14.01 A. Owner, at Owner’s expense, shall redistribute or furnish electrical energy to or for the use of Tenant shall obtain electricity in the Demised Premises for the operation of the lighting fixtures and the electrical receptacles installed in the Demised Premises on the Commencement Date. There shall be no specific charge by way of measuring such electrical energy on any meter or otherwise, as the charge for the service of redistributing or furnishing such electrical energy has been included in the Fixed Rent on a direct meter so-called “rent inclusion” basis. The parties agree that although the charge for the service of redistributing or furnishing electrical energy is included in the Fixed Rent on a so-called “rent inclusion” basis, the value to Tenant of such service may not be fully reflected in the Fixed Rent. Accordingly, Tenant agrees that Owner may cause an independent electrical engineer or electrical consulting firm, selected by Owner, to make a determination, following the commencement of Tenant’s normal business activities in the Demised Premises, of the full value to Tenant of such services supplied by Owner, to wit: the potential electrical energy supplied to Tenant annually based upon the estimated consumption by Tenant through the electrical feeders, risers and wiring and other electrical facilities serving the Demised Premises. Such engineer or consulting firm shall certify such determination in writing to Owner and Tenant. If it shall be responsible for and pay to determined that the applicable utility all charges for electricity as measured by such meter. Landlord shall not in any way be liable or responsible full value to Tenant of such service is in excess of FOURTEEN THOUSAND TWO HUNDRED FORTY-SEVEN AND 00/100 ($14,247.00) DOLLARS per annum (such sum is referred to as the “Electrical Inclusion Factor”), the parties shall enter into a written supplementary agreement, in form reasonably satisfactory to Owner and Tenant, modifying this Lease as of the Commencement Date by increasing the Fixed Rent and the Electrical Inclusion Factor for any loss the entire Demised Term by an annual amount equal to such excess. However, if it shall be so determined that the full value to Tenant of such service does not exceed the Electrical Inclusion Factor, no such agreement shall be executed and there shall be no increase or damage decrease in the Fixed Rent or expense which Tenant may sustain or incur if the Electrical Inclusion Factor by reason of such determination. If either the quantity or character of electric electrical service is changed by the corporation(s) and/or other entity(ies) selected by Owner to supply electrical service to the Building or is no longer available or suitable for Tenant’s requirements. Any additional riser , no such change, unavailability or risers unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to supply Tenant’s electrical requirementsany abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease, or impose any liability upon written request Owner, or its agents, by reason of inconvenience or annoyance to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense interruption of Tenant’s business, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesotherwise.

Appears in 1 contract

Samples: 3PAR Inc.

Electricity. 14.01 Tenant shall obtain electricity purchase the electrical energy that Tenant requires for operation of the lighting fixtures, appliances and equipment (including without limitation all air conditioning equipment) servicing the Demised Premises on a direct Premises. The costs of initially installing any required meter basisshall be paid by Landlord, but Tenant shall be responsible for keep said meter and pay to the applicable utility all charges for electricity as measured by such meterinstallation equipment in good working order and repair. Landlord shall not be liable in any way be liable or responsible to Tenant for any loss failure or damage or expense which Tenant may sustain or incur if either defect in the quantity supply or character of electric service is changed electrical energy furnished to the Demised Premises by reason of any requirement, act or is no longer available omission of the public utility serving the Building with electricity unless due to the act or suitable for omission of Landlord. Tenant’s requirementsuse of electrical energy in the Demised Premises shall not at any time exceed the capacity (agreed to be 16.5 xxxxx per square foot) of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electrical services Tenant shall give notice to Landlord and obtain Landlord’s prior written consent whenever Tenant shall connect to the Building electrical distribution system any fixtures, appliances or equipment other than lamps, typewriters and similar small machines. Any additional riser feeders or risers to supply Tenant’s electrical requirementsrequirements in addition to those originally installed and all other equipment proper and necessary in connection with such feeders or risers, upon written request to Tenant, will shall be installed by Landlord, Tenant at the sole cost and expense of Tenant, unless, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the installation of such feeders or risers has been approved in Landlord’s reasonable judgment, the same writing by Landlord in advance thereof and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or unreasonably interfere with or disturb other tenants of the Building. Tenant agrees that it will not make any alteration or occupants. In material addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant therefor. Tenant shall make no alterations or additions to the electric electrical equipment and/or appliances in the Demised Premises without the prior written consent of Landlord in each instanceinstance first obtained, which consent shall will not be unreasonably withheldwithheld and will promptly advise Landlord of any alteration or addition to such electrical equipment and/or appliances. Tenant, conditioned or delayed. Notwithstanding anything to the contrary hereinat Tenant’s expense, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of shall purchase, install and replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both dates.

Appears in 1 contract

Samples: Agreement of Lease (Investment Technology Group Inc)

Electricity. 14.01 Tenant (a) Subtenant agrees that Landlord shall obtain redistribute or furnish electricity to or for the Demised use of Subtenant in the Subleased Premises on for the operation of Subtenant’s electrical systems and equipment in the Subleased Premises, at a direct meter basislevel sufficient to accommodate a demand load of six xxxxx per usable square foot of office space in the Subleased Premises (exclusive of electricity required to operate the base-Building HVAC System), Tenant provided, however, that if Subtenant shall be responsible for notify Landlord and Sublandlord that Subtenant requires a demand load of six xxxxx per rentable square foot of office space (exclusive of electricity to operate the base-Building HVAC System) and Subtenant reasonably requires such load, Landlord shall deliver such load within 30 days after such notice is given. Subtenant shall pay to the applicable utility all charges Sublandlord, on demand from time to time, but not more frequently than monthly, for its consumption of electricity as measured by such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements. Any additional riser or risers to supply Tenant’s electrical requirements, upon written request to Tenant, will be installed by Landlord, at the sole cost Subleased Premises, as Sublease Additional Rent, for such service from and expense after the Commencement Date, a sum equal to 105% of Tenantthe product obtained by multiplying (x) the Cost Per Kilowatt Hour, unless, in Landlord’s reasonable judgment, by (y) the same will cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation actual number of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use kilowatt hours of electric current shall never exceed consumed by Subtenant at the capacity Subleased Premises in such billing period. The meter(s) required to measure such consumption of the feeders to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed electricity by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent Subtenant have previously been installed and shall be maintained by Landlord. Where more than one meter measures Subtenant’s consumption of electricity at the Subleased Premises, the electricity measured by each meter shall be computed separately but billed together in accordance with the provisions set forth above. Bills for such amounts shall be rendered to Subtenant by Sublandlord promptly after Sublandlord shall receive such bills from Landlord. The rate to be paid by Subtenant for submetered electricity shall include any taxes or other charges in connection therewith. If any tax is imposed upon Landlord’s (or Sublandlord’s) receipts from the Tenant sale or resale of electricity to Subtenant, Subtenant shall reimburse Landlord (or Sublandlord, as the case may be) for such tax, if and to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforextent permitted by law. Tenant shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent Sections 16.2,16.3 and 16.4 of the Demised PremisesLease are incorporated into this Sublease by reference as set forth in Paragraph 9 of this Sublease, Fixed Rent provided, however, that all references in such Sections 16.2, 16.3 and 16.4 to “Landlord” shall xxxxx until be deemed, for purposes of this Sublease to mean Landlord (rather than Sublandlord), except the first three references to “Landlord” set forth in such service resumes and Tenant is able Section 16.3, shall, for such purposes, be deemed to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of Landlord, Tenant shall have the right to terminate this Lease by giving written notice to mean Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesor Sublandlord.

Appears in 1 contract

Samples: Sublease (Cross Country Healthcare Inc)

Electricity. 14.01 (a) Tenant shall obtain electricity may make its own arrangements with the public utility company servicing the demised premises for the Demised Premises on a direct meter basis, Tenant shall be responsible for and pay to the applicable utility payment of all charges for electricity consumed at the demised premises by Xxxxxx. In no event shall Landlord be responsible for charges for electricity consumed at the demised premises by Xxxxxx. Notwithstanding the foregoing, if electric current be supplied by Landlord, which Landlord reserves the right to do at its sole option, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at terms and rates set by Landlord in subparagraph (b) below. Where more than one meter measures the service of Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefor shall be rendered at such times as measured Landlord may elect in the amount computed from a meter. In the event that such bills are not paid within fifteen (15) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by Tenant by such meterdiscontinuance of service. Landlord shall not in any way wise be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s 's electrical requirements. Any additional riser or risers to supply Tenant’s 's electrical requirements, upon written request to of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unlessif, in Landlord’s reasonable 's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building building or the Demised Premises demised premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupantsoccupants of the building. In addition to the installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of the existing feeders to the Building building or the risers or wiring installation which installations. Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by the Tenant that all may discontinue any of the aforesaid costs services upon thirty (30) days notice to Tenant without being liable to Tenant therefor or without in any way affecting this lease or the liability of Tenant hereunder or causing a diminution of rent and expenses are chargeable and collectible as Additional Rent and the same shall not be paid by deemed to be lessening or diminution of services within the meaning of any law, rule or regulation now or hereafter enacted, promulgated or issued. In the event Landlord gives such notice of discontinuance Landlord shall permit Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforreceive such service direct from a public utility company. Tenant shall make no alterations alteration or additions addition to the electric equipment and/or appliances without the prior written consent of Landlord in each instance. Rigid conduit only will be allowed. If any tax is imposed upon Xxxxxxxx's receipt from the sale or resale of electrical energy or gas or telephone service to Tenant by any Federal, which consent shall not be unreasonably withheld, conditioned State or delayed. Notwithstanding anything to the contrary herein, should electric service be interrupted for a period of more than five (5) consecutive business days through the sole fault of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume the use of at least seventy-five (75%) percent of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of the Demised Premises for more than sixty (60) days and be due to the sole fault of LandlordMunicipal Authority, Tenant covenants and agrees that, where permitted by law, Xxxxxx's pro-rata share of such taxes shall have be passed on to, and included in the right bill and paid by Tenant to terminate this Lease by giving written notice to Landlord no later than the seventieth (70th) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesLandlord.

Appears in 1 contract

Samples: Paradise Music & Entertainment Inc

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