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 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 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 3 contracts

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

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 provide such electrical services to the Premises as are described in Exhibit C. Distribution of electrical service throughout the Premises, construction of the wiring network for distribution of the electrical service and the cost of providing electrical service to and completing the system for distributing electrical service throughout the Premises shall be in accordance with Exhibit C. The electrical system shall be maintained, repaired and replaced as follows: Landlord shall be liable for and shall complete all maintenance, repairs and replacements to the electrical system up to the location of the junction box at which power was initially supplied by Landlord to the Premises (the “Landlord Electrical System”). Landlord, shall maintain the Landlord Electrical System in good working order. Tenant shall obtain electricity shall, at Tenant’s expense, be responsible for all other maintenance, repairs, and replacements to the Demised electrical system within the Premises on a direct meter basisfrom the point of exit from the junction box (the “Tenant Electrical System”). Tenant shall, at all times, maintain the Tenant Electrical System in good working order; provided, however, that in the event all or any portion of the Tenant electrical system is in need of maintenance, repair or replacement, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. notify 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 writing of such riser or risers, need and 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 complete all or any portion of such maintenance, repair or replacement work at Tenant’s sole cost and expense. Landlord shall pay all charges for electrical usage in connection with the Premises; provided, the charges for such electrical usage, together with all other electrical charges in connection with the Property shall be included in the Operating Expenses in accordance with the provisions of and subject to any restrictions set forth in Section 5 below. In the event Landlord determines that any tenant’s usage of electricity exceeds customary and usual, expected office usage, Landlord reserves the right to install a sub-meter, in which event, such tenant shall pay directly to Landlord no later than the seventieth (70th) consecutive day cost of such tenant’s electricity usage, as reflected by the sub-meter, and vacating no later than billed according to the ninetieth (90th) consecutive daythen current rate at which electricity is billed by the utility provider to Landlord. TIME BEING OF THE ESSENCE In the event Landlord bills any tenant directly for Tenant as to both dateselectricity usage in accordance with this section, Operating Expenses and the proportionate share of such expenses payable by all other tenant’s of the Building shall be adjusted in accordance with Section 5.1.6. above.

Appears in 2 contracts

Samples: Office Lease (Fatpipe Inc/Ut), Office Lease (Fatpipe Inc/Ut)

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

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 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 Tenant HEAT, WATER, SEWER, CLEANING AND TRASH REMOVAL Until such time as the Leased Premises may be separately metered, Lessee shall obtain electricity pay all charges by the Town of Natick for reasonable water and sewer usage in its use of the Demised Leased Premises as permitted in Article 10 as Additional Rent in accordance with provisions of Article 7. In the event water and sewer is separately metered to the Leased Premises, then Lessee shall pay all such charges directly to the Town of Natick prior to when due and such amounts shall not be included in the calculation of Additional Rent. Lessee shall promptly pay all charges for electricity, gas and other utilities used and consumed in the Leased Premises, as such electricity, gas and other utilities are separately metered from electricity, gas and other utilities furnished to other parts of the Building. Lessee shall have the sole responsibility and expense of cleaning the Leased Premises. Lessee shall place all its trash in sealed plastic garbage bags and deposit same in the dumpster supplied by the Lessee. Lessee shall arrange for said dumpster to be emptied at Xxxxxx’s sole cost and expense on a direct meter basisregular basis as needed. Subject to the other provisions of this Article 9 above, Tenant Lessor shall be responsible for providing Lessee access to water, gas, electricity, heat, ventilation, air conditioning, light, power, telephone, sewer, sprinkler services, refuse and pay to trash collection, and other mutually agreed utilities and services that may be used on 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 Leased Premises and 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 rest of the feeders Building. Without limiting the foregoing, Lessor shall maintain, repair and provide a heating, ventilating and air-conditioning (“HVAC”) distribution system meeting fresh air, outside humidity and internal heat load requirements reasonably satisfactory to Lessee 24 hours a day, 7 days a week. Lessor shall exercise reasonable diligence to eliminate 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 cause of any xxxx interruption, failure, curtailment, stoppage 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 suspension in provision 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 any 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 datesforegoing.

Appears in 2 contracts

Samples: Allurion Technologies Holdings, Inc., Allurion Technologies Holdings, 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 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 2 contracts

Samples: Lease Agreement, Lease Agreement (Pc Mall 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 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 Tenant shall, at Tenant's sole cost and expense, make all necessary arrangements with the electric utility company for separate metering and paying Landlord directly, at rates competitive with then-existing utility company charges, for electric current furnished to the Leased Premises and Tenant's Dedicated Elevator (which Landlord represents is currently separately metered). Tenant shall obtain not install in the Leased Premises any equipment which requires a substantial amount of electrical current and Tenant shall ascertain from Landlord the maximum amount of load or demand for or use of electrical current which can be accommodated or permitted in the Leased Premises, taking into account the capacity of the electric feeders, risers, conduits, wiring and other facilities and equipment, the Building and Leased Premises and the needs of other tenants (both present and future) of the Building, and shall not in any event connect a greater load than such safe capacity. Landlord covenants and agrees that, throughout the Term, Landlord shall provide at least an average of 6 wxxxx per square foot demand load per floor of electricity to the Leased Premises (unless Landlord's failure to provide such electricity is the result of Force Majeure). If Tenant's requirements for electrical services exceed an average of 6 wxxxx per square foot demand load per floor of electricity to the Demised Leased Premises on a direct meter basisand necessitate modifications of the electric service supply system in and to the Leased Premises or the Building, Tenant shall be responsible for paying for the cost of all such modifications and pay to the applicable utility all charges for electricity as measured by such meterincreased maintenance therefrom. 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 Except 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 's Work 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 Articles 10 and conditions. Tenant covenants and agrees that at all times its use 40 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. this Lease, Tenant shall make no alterations or additions to the electric equipment and/or appliances or systems in (i) the Leased Premises, without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to , or (ii) the contrary hereinBuilding, should electric service be interrupted for a period of more than five (5) consecutive business days through without the sole fault prior written consent of Landlord so as to prevent Tenant from using at least seventy-five (75%) percent of the Demised Premisesin each instance, Fixed Rent shall xxxxx until such service resumes which consent may be withheld by Landlord in Landlord's sole 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 datesabsolute discretion.

Appears in 1 contract

Samples: Lease (Privatebancorp, 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 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 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: Xoom 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 7.1 Tenant shall obtain electricity and pay for Tenant's entire separate supply of electric current by direct application to, and arrangement with, the Demised public utility company servicing the Building. Tenant agrees within thirty (30) days of the Commencement Date (and with respect to the Warehouse Premises, within thirty (30) days of the Warehouse Premises Commencement Date) to install a meter, at Tenant's sole cost and expense, to measure Tenant's electrical consumption in the Premises, and to open a direct account with the electric utility servicing the Premises. If, pursuant to a Legal Requirement or the policies or operating practices of the public utility company servicing the Building, Tenant is no longer permitted to obtain electrical energy directly from the public utility company, Landlord will furnish electrical energy to the Premises either, at Landlord's option, on a direct meter "check-metering" basis or a rent-inclusion basis, Tenant shall be responsible for and pay to the applicable utility all charges for electricity as measured by such meter. Landlord shall give Tenant notice at least thirty (30) days prior to the date on which Landlord shall commence furnishing electrical energy to the Premises (unless such notice is not feasible under the circumstances, in any way be liable or responsible which event Landlord will give Tenant such notice as is reasonably possible), which notice will set forth the terms on which Landlord will so furnish electrical energy to the Premises. In no event shall the method selected by Landlord result in a cost to Tenant for any loss or damage or expense electrical energy in excess of the cost which Tenant may sustain would have borne had Tenant continued to receive electric energy directly from the public utility servicing the Premises. If any utilities are not (or incur if either cannot be) separately metered or assessed or are only partially separately metered or assessed and are used in common with other tenants of the quantity or character Building, Tenant will pay to Landlord an equitable apportionment of electric service is changed or is no longer available or suitable such charges for Tenant’s requirements. Any additional riser or risers utilities used in common with other tenants of the Building, based on the square footage of floor space leased to supply Tenant’s each tenant using such common facilities, the average electrical requirementsconsumption of each tenant and other pertinent considerations, upon written request in addition 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 's payment 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 datesseparately metered charges.

Appears in 1 contract

Samples: Agreement (Nexmed Inc)

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 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 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 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: NBC Internet 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 (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 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 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, copy machines and fax machines 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 Electrical Expense (as defined in Section 1 above). 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 responsible for payable from the Lease Commencement Date unless and pay 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 applicable 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, lights, 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 to electrical conductors and equipment in or serving 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 thereforDemised Premises. Tenant shall make no alterations or additions to the electric equipment and/or appliances not, without the Landlord's prior written consent of Landlord in each instance, which consent shall connect any additional or different fixtures, appliances or equipment (other than lamps, typewriters, word processors, copier machines, fax and telex machines and equipment not be unreasonably withheld, conditioned or delayed. Notwithstanding anything requiring a separate circuit) 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.the

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (I3 Mobile 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 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 Office Premises on a direct meter basisshall be capable of supplying eight (8) xxxxx of electricity per rentable square foot of the Premises and Tenant shall not use any electrical equipment 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 reasonable judgment (taking into consideration the potential needs of present and pay future tenants of the Building and the Building itself) shall determine whether to make available such additional electrical capacity to Tenant and the applicable utility all charges for electricity 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 Landlord. Any such installation shall be made at Tenant's sole cost and expense, and shall be chargeable and collectible as measured by such meteradditional rent and paid within twenty (20) days after the rendition of a 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 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: Agreement (General Media 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 Tenant shall obtain (a) Subtenant’s demand for, and consumption of, electricity for serving the Demised Premises on a direct meter basis, Tenant shall be responsible determined on an aggregate basis for and pay all meters installed (or, if existing retrofitted) with respect to the applicable Premises by Sublandlord at Sublandlord’s expense. Subtenant shall pay for such electric consumption within thirty (30) days after submission of bills therefor (together with any underlying utility all charges company bills received by Sublandlord), which bills shall be rendered by or on behalf of Sublandlord separately for each meter. Subtenant shall be entitled to its proportionate share of electric energy granted to Sublandlord under the Lease. From and after the Commencement Date, Sublandlord shall not do anything (or permit anything to be done) which shall or may reduce the electrical capacity provided to the Premises below the demand load existing on each floor of the Premises as of the date hereof. 21 (b) The amount payable by Subtenant for electricity as measured by such meter. Landlord consumed within the Premises shall not in any way be liable or responsible to Tenant be, for any loss applicable billing period, calculated at the then applicable rate payable by Sublandlord (i.e., Sublandlord’s actual cost), plus any taxes or damage other charges in connection therewith. If any tax shall be imposed upon Sublandlord’s receipts from the sale or expense resale of electrical energy to Subtenant, the pro rata share applicable to the electrical energy services received by Subtenant shall be passed on to, included in the xxxx of, and paid by Subtenant if and to the extent permitted by law. In any event, Subtenant shall pay for such electric consumption within thirty (30) days after rendition of bills therefor (together with any underlying utility company bills received by Sublandlord), which Tenant may sustain bills shall be rendered by or incur if on behalf of Sublandlord on an aggregate basis for all meters. (c) If either the quantity or character of electric service electrical services is changed by the public utility or other company supplying electrical service to the Building or is no longer available or suitable for TenantSubtenant’s requirements. Any additional riser , no such change, unavailability 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, unlessunsuitability shall constitute an actual or constructive eviction, in Landlord’s reasonable judgmentwhole or in part, 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 risersor, 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 provisions of Section 10(b) of this Sublease, entitle Subtenant to any abatement or diminution of rent, or relieve Subtenant from any of its obligations under this Sublease, or impose any liability upon Prime Lessor or Sublandlord, or their respective agents, by reason of inconvenience or annoyance to Subtenant, or injury or interruption of Subtenant’s business, or otherwise. Subtenant shall not violate the rules, regulations, terms and conditions. Tenant covenants conditions applicable to service, equipment, wiring and agrees that at all times its use of electric current shall never exceed the capacity requirements of the feeders public utility supplying electricity to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office useBuilding. 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 dates27.

Appears in 1 contract

Samples: Sublease Agreement

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 Landlord and Tenant shall obtain electricity for acknowledge that pursuant to the Demised Premises on a direct meter basisBack Up Power Generator Rider to the Lease, Tenant shall be responsible for and pay has taken possession of certain platform space adjacent to the applicable utility all charges Building and has installed thereon two (2) backup power generators, (with future plans for electricity as measured by an additional three [3] such meter. Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense generators of which Tenant may sustain install, in its sole discretion, one or incur if either more, subject to its buildout schedule of the quantity Eighth Floor Portion of the Premises), and various related improvements, including without limitation a power substation from which Tenant will obtain electric supply for the Premises directly from the Los Angeles Department of Water and Power (“DWP”). All equipment and improvements have been 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 in accordance with plans and specifications previously 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 instanceaccordance with the Lease. Accordingly, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding notwithstanding anything to the contrary hereinin Articles 9.2 and 35, should electric service or elsewhere in the Lease, from and after the date upon which Tenant has to its own satisfaction tested the reliability and adequacy of said electrical power to the Premises from the aforementioned power substation and given written notice to Landlord of its aforesaid satisfaction, then Landlord shall have no further obligation to provide or make available any electrical power to the Premises and all of Tenant’s electrical needs and requirements for all of its operations in the Premises shall be interrupted provided thereafter directly by (and paid for a period by Tenant directly to) DWP, independently from Landlord or any of more than five (5) consecutive business days Landlord’s Building Systems, through Tenant’s power substation and back up generator system facilities, and Tenant will have no further obligation to pay Landlord for any consumed electrical power, not separately metered, in the Premises. Tenant shall use its best efforts to cause the DWP to activate or provide electricity to the power substation as soon as is reasonably possible, and thereafter to complete its conversion to the power substation as the sole fault source of Landlord so as electrical power to prevent the Premises (the “Conversion”). Tenant from using at least seventy-five (75%) percent shall complete the Conversion and testing of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume power substation within three (3) months from 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 date DWP first activates or provides electricity to the sole fault power substation (the “Activation Date”). In the case of Landlordany event beyond the control of Tenant, such as fire, explosion or other similar casualty, design flaws, equipment failure or DWP negligence (collectively a “Casualty”) which causes Tenant to fail to complete the Conversion within three (3) months after the Activation Date, Tenant shall have a maximum of twelve (12) months from the right date hereof to terminate this Lease by giving written have its power substation operational and in use. Should Tenant fail to use best efforts to cause the Activation Date to occur as soon as reasonably possible, or should Tenant fail, despite its best efforts, to complete and approve the Conversion within three (3) months after the Activation Date, or, in the event of a Casualty, within twelve (12) months from the date hereof, then commencing immediately upon Landlord’s notice to Tenant of such failure, Tenant shall pay Landlord, as additional rent, in addition to all other rent and charges payable by Tenant under the Lease, a resource reservation fee of $10,000 per month until such time as Tenant’s power substation becomes operational and Tenant has completed its Conversion thereto. Tenant acknowledges that actual damages from Tenant’s failure to complete the Conversion within the aforementioned deadlines would be extremely difficult to ascertain and that this resource reservation fee is a reasonable estimate of Landlord’s administrative costs and expenses and loss of use costs likely to result from Tenant’s occupancy of the platform and usage of Building electrical resources. Tenant shall keep Landlord fully apprised of Tenant’s progress in accomplishing the Conversion by providing an update to Landlord’s engineer, Xxxx Xxxxx (telephone number: 213/000-0000), or such other representative of Landlord as Landlord may designate, no less frequently than weekly. Additionally, Tenant shall notify Landlord of the Activation Date in writing by no later than three (3) business days after 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 datesoccurrence of Activation Date.

Appears in 1 contract

Samples: Lease (Equinix 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 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 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 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 (a) Landlord shall obtain redistribute or furnish electricity to or for the Demised use of Tenant in the 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 operation 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 requirementssystems and equipment in the Premises, upon written request at a level sufficient to accommodate a demand load of six xxxxx per usable square foot of office space in the Premises. An estimated charge for such electricity (the “Electrical Inclusion Factor”) is included in Fixed Rent on a 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, will be installed based upon a survey indicating the lighting load, office equipment and all other electrical usage by LandlordTenant. Thereafter, Landlord may, at the any time and from time to time, at its sole cost and expense of Tenantoption, unless, in cause Landlord’s reasonable judgment, the same will cause permanent damage or injury Consultant 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 make subsequent determinations 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 then full value of the Demised Premiseselectrical 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 xxxxx until be increased to reflect the full value, on an annual basis, of such service resumes increased electrical usage by Tenant. Any increase in Fixed Rent and Tenant is able to resume the use of at least seventy-five (75%) percent Electrical Inclusion Factor shall be effective as of the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) date of the Demised Premises 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 more 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 sixty (60) days and be due a general tax on corporate income not specific to the sole fault provision of Landlordelectricity), Tenant shall have whether based on 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.Electrical Inclusion Factor or any increase

Appears in 1 contract

Samples: Lease Agreement

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 electricity From and after the Commencement Date for each Portion of the Demised Premises on a direct meter basisPremises, Tenant shall agrees to pay, or cause to be responsible for and pay to the applicable utility paid, as Additional Rent, all charges for electricity as measured consumed in the applicable Portion of the Premises (or by any special facilities serving the Premises). Tenant will comply with all contracts relating to any such meterservices. 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 charges for such utility usage shall be based upon Tenant’s electrical requirements, upon written request to Tenant, will be installed actual usage as determined by Landlord, at ’s reading of check-meters serving 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 provided as part 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 thereforFinish Work. Tenant shall make no alterations or additions monthly payments of Additional Rent on account of electricity, in advance, on the applicable Commencement Date and the first of each month thereafter equal 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-twelfth (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%1/12) of the Demised Premises annual amount of such Additional Rent reasonably projected by Landlord, based upon prior usage at the relevant building or as projected by Landlord’s engineer, to be due from Tenant (pro-rated for any partial month at the beginning or end of the term) from time to time. Tenant’s monthly payments may be reasonably revised by Landlord from time to time so that Tenant’s aggregate monthly payments shall equal the Additional Rent then projected to be due for the year in question. Landlord shall provide Tenant with a statement showing Tenant’s actual usage of electricity based on the reading of Tenant’s check-meters no less often than annually. If the Additional Rent due for electricity is less than the Additional Rent for electricity paid by Tenant on account of Landlord’s calculation of estimated electrical charges, Landlord shall either promptly refund to Tenant the difference or credit same against Rent next due from Tenant. If the Additional Rent due for electricity is more than sixty (60) days and be due to the sole fault Landlord’s calculation of Landlordestimated electrical charges, Tenant shall have the right to terminate this Lease by giving written notice pay such amount to Landlord no later than within 30 days following receipt of the seventieth (70th) consecutive day xxxx therefor. If such usage is not separately or check-metered from time to time, such usage and vacating no later than billing shall be based upon the ninetieth (90th) consecutive dayreasonable estimate of Landlord’s consulting engineer. TIME BEING OF THE ESSENCE If Tenant is directed by Landlord to make payments directly to the utility company for separately metered electricity, then Tenant shall pay such bills directly to the utility company, Tenant shall contract directly for electric service, and shall pay all bills for such utility service as to both datesand when due. Tenant shall pay all costs associated with obtaining the electricity service, including costs for equipment installation, maintenance and repair; exit fees, stranded cost charges, and the like.

Appears in 1 contract

Samples: Lease (Alkermes Inc)

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, Tenant from time to time, to reflect increases in the actual out-of-pocket 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 within sixty (60) days following 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: Javelin 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 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 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 xxxx 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 xxxxx 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 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 hereinxxxx 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: Agreement of Sublease (Liquid Holdings Group, 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 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 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, and 120 volt current for the operation of normal office fixtures and equipment (including desk-top computers), 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. 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 and/or (ii) is based on Landlord’s reasonable judgment that Tenant’s electricity consumption exceeds the permitted level of consumption as described in the first sentence of this Section 2.7. Any such increases shall become effective as of the dates of notification thereof by Landlord to Tenant. Landlord may, at any time, at its sole election, discontinue the furnishing of electric current upon not less than two month’s notice (or such longer time as may be required to make arrangements with the electric utility for direct service provided Tenant exercises its best 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 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 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: Lease (Thomas Weisel Partners Group, Inc.)

Electricity. 14.01 A. As long as this Lease is in full force and effect, Owner, at Owner's expense, shall redistribute or furnish electrical energy, on a demand load basis, 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 socalled "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, such approval not to be unreasonably withheld, 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 ELEVEN THOUSAND FOUR HUNDRED SIXTY-THREE and 00/100 ($11,463.00) 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: Bion Environmental Technologies Inc

Electricity. 14.01 Tenant shall obtain pay for all electricity for consumed in the Demised Premises. The Premises on a direct meter basisshall be separately metered Tenant's use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors or equipment in or otherwise serving the Premises. To ensure that such 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 prior written notice 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 requirementseach instance, 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 connect to the Building electric distribution system any fixtures, appliances or equipment which operates on a voltage in excess of 120 volts nominal, or which requires a single (dedicated) circuit without so providing, or make any alteration or addition to the Demised electric system of the Premises. Unless Landlord shall reasonably object to the 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's demand. The parties acknowledge and understand that because of the deregulation process underway in the energy industry, utility companies whose lines and other facilities supply the Premises or cause or create may require as a dangerous or hazardous condition or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risersfacilities, Landlord will also at whenever installed, that 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 owner of the feeders Premises make payment to such utility for the Building facilities it has provided upon the occurrence of certain future events, if, for example, a tenant of the Premises utilizing such facilities discontinues purchasing energy from such utility. Landlord may be required to enter into an agreement with such utility that would obligate it to make such payments in the future. Any such agreement and or the risers amendments, modifications, replacements, 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 substitutions thereof, shall be paid by the submitted to 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 for its prior written consent of Landlord in each instanceapproval, which consent shall such approval not to be unreasonably withheld, conditioned withheld or delayed. Notwithstanding anything Tenant's failure to the contrary herein, should electric service be interrupted for a period of more than respond within five (5) consecutive business days through of Landlord's submittal for approval shall be deemed to constitute approval by Tenant. In addition, Tenant's written disapproval of any such request shall cause Tenant to be solely responsible for payment of any capital items to be supplied by the sole fault utility company, at no cost or expense to Landlord. If such utility providing energy service to the Premises requires payments, whether based on contract or tariff, from the Landlord with respect to facilities provided by that utility to the Premises that are utilized by the Tenant, the Landlord shall so inform Tenant in writing and the Tenant hereby agrees that it shall reimburse the Landlord for all such payments required pursuant to agreements, of which Tenant has received notice, as additional rent, when and as made by the Landlord. Subject to the requirements, terms and conditions of any agreement approved (or deemed approved) by Tenant and subject to Landlord's prior written consent, which shall be withheld only if Landlord so as to prevent Tenant from using at least seventy-five (75%) percent has reasonable concern with the reputation of the Demised Premises, Fixed Rent shall xxxxx until such service resumes and Tenant is able to resume supplier or the use of at least seventy-five (75%) percent reliability of the Demised Premisessupply proposed by Tenant, Tenant may elect, from time to time, to purchase electricity from such supplier or suppliers as Tenant may choose, Tenant agreeing to hold Landlord harmless from and against all costs or charges associated therewith. 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 connection therewith, Tenant shall have the right to terminate this Lease contest, at Tenant's sole cost and expense, any of such costs or charges paid by giving written notice Tenant pursuant to Landlord no later than the seventieth requirements of any agreement approved (70thor deemed approved) consecutive day and vacating no later than the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for by Tenant as to both dateshereunder.

Appears in 1 contract

Samples: Open Market 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

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 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 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. Tenant shall, within thirty (30) days after the execution hereof, advise Landlord of its electrical requirements in reasonable detail. The risers serving the Premises on a direct meter basisshall be capable of supplying and shall supply six (6) xxxxx at 4801277 volts of electricity per gross square foot of the Premises (as set forth in the New York City Building Code, exclusive of the base Building Systems in the Premises), and 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 would exceed such capacity or interfere with or disturb the electrical service to other tenants or occupantsof the Building. In addition to the event that, in Landlord’s sole judgment, Tenant’s electrical requirements necessitate installation of such riser an additional riser, risers or risersother proper and necessary equipment, Landlord will also 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 made available to Tenant. Landlord, in Landlord’s sole 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 any. 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. Any such installation shall be made at the Tenant’s sole cost and expense of Tenantexpense, 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 therefortherefore. 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: Agreement of Lease (Learning Tree International Inc)

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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 1(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 riserselectrical consumption which is allocable to rented space (e.g., Landlord will also at 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, either during or prior to any calendar year, make a good faith reasonable estimate of the cost for such electrical consumption for the current or immediately succeeding 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(b) 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 (Entrust 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 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 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 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 Tenant All the electricity used in the Premises shall obtain be ----------- supplied by Commonwealth Edison Company or any other electricity company serving the Project, and such electricity shall be supplied through a separate meter and be paid for by Tenant, provided that Landlord shall pay for the Demised Premises on a direct electricity required for the operation of the Building's shared heating, ventilating and air conditioning systems at the times specified in Section 4A above. The meter basis, Tenant shall be responsible installed at the expense of Tenant or the electricity company. A separate electrical meter is presently in place for and pay to the applicable utility all charges for electricity as measured by such meterPremises. 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 amount or character quality 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 electrical requirementsIf such service shall be discontinued, upon written request to Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, unless, such discontinuance shall not 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 conditionsany way affect this Lease. 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 the wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by installed thereon when reviewed in conjunction with the Tenant that all electrical usage of the aforesaid costs and expenses are chargeable and collectible as Additional Rent and shall be paid by other tenants in the Tenant to the Landlord within ten (10) days after the rendering of any xxxx or statement to the Tenant thereforProject. Tenant covenants and agrees that it shall make no alterations or additions to the electric equipment and/or appliances without the prior written consent of Landlord in each instance. Landlord shall maintain the light fixtures in the Premises and install any lamps, which consent bulbs, ballasts or starters to be used by Tenant in the Premises, all at Tenant's sole cost and expense. Tenant shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything pay for all electricity required during janitorial service and alterations and repairs 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 Premises and Tenant is able to resume shall pay for all electricity required for the use operation 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 any special air conditioning or ventilating system 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 office machinery or equipment requiring special or extra current.

Appears in 1 contract

Samples: Indenture (Naviant Inc)

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 shall obtain electricity pay to Landlord monthly an amount ----------- reasonably estimated by Landlord to equal Tenant's Allocable Electricity Costs for the electrical energy that Tenant utilizes for light and power in the Demised Premises on Premises. "Tenant's Allocable Electricity Costs" as used herein shall be as determined in accordance with Exhibit D annexed hereto and made a direct meter basispart --------- hereof. Landlord shall furnish to Tenant quarterly a statement setting forth in reasonable detail the particulars relating to Tenant's Allocable Electricity Costs for the three months to which such a statement relates. In the event the estimated payments made by Tenant for said three (3) month period shall be less than Tenant's Allocable Electricity Costs for said period as set forth in said statement, Tenant shall promptly remit to Landlord the difference. In the event the estimated payments made by Tenant for said three (3) month period exceed Tenant's Allocable Electricity Costs for said period as set forth in said statement, such excess shall be responsible for and pay to the applicable utility all charges for electricity as measured refunded 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 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 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 affect 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. If at any time the electrical service to the Demised Premises is changed inadequate, in Tenant's reasonable judgment, for the Permitted Use, Tenant shall have the right, subject to Landlord's prior written consent which consent shall not be unreasonably withheld or is no longer available or suitable for delayed, to install, at Tenant’s requirements. Any 's sole cost and expense, any additional riser feeders or risers reasonably necessary 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, upon written request to Tenant, provided that such additional feeders and risers are permissible under applicable laws and insurance regulations and the installation of such feeders or risers will be installed by Landlord, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same 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 Premises without the prior written consent of Landlord in each instanceinstance first obtained (including, but not limited to consent with respect to Tenant's contractor), 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 the Demised PremisesTenant's expense, Fixed Rent shall xxxxx until such service resumes purchase, install and Tenant is able to resume the use of at least seventy-five (75%) percent of replace all light fixtures, bulbs, tubes, lamps, lenses, globes, ballasts and switches used in the Demised Premises. Should such service interruption prevent Tenant from using at least seventy-five (75%) of Notwithstanding the Demised Premises for more than sixty (60) days and be due to the sole fault of foregoing, Landlord, at its election, may install at Landlord's cost and expense a separate meter for Tenant's electric usage in which event Tenant shall have thereafter obtain and pay for its electricity directly from the right to terminate this Lease by giving written notice to Landlord no later than electric utility servicing 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: Entire Agreement (Focal Communications Corp)

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 Electric current to the Premises, 24 hours per day, ----------- seven days a week, during the usual business hours on business days, as required by the Building standard office lighting and fractional horsepower office business machines including copiers, personal computers and word processing equipment which use 110 volt electrical power, in an amount not to exceed three (3) xxxxx per square foot per normal business day. Tenant shall obtain electricity agrees, should its electrical installation or electrical consumption be in excess of the aforesaid quantity or extend beyond normal business hours, to reimburse Landlord monthly for the Demised Premises on measured consumption at the average cost per kilowatt hour charged to the Building during the period. If a direct separate meter basisis not installed at Tenant's cost, Tenant such excess cost will be established by an estimate reasonably determined by Landlord or by an engineer selected in Landlord's reasonable discretion, whose fee shall be responsible for shared equally by Landlord and pay Tenant. Tenant agrees not to use any apparatus or device in, upon or about the applicable utility all charges for electricity as measured by such meter. Landlord shall not Premises (other than standard office business machines, personal computers and word processing equipment) which may in any way increase the amount of such services usually furnished or supplied to said Premises, and Tenant further agrees not to connect any apparatus or device with wires, conduits or pipes, or other means by which such services are supplied, for the purpose of using additional or unusual amounts of such services without the written consent of Landlord which shall not be liable or responsible unreasonably withheld. Should Tenant use the same 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 judgmentexcess, the same refusal on the part of Tenant to pay upon demand of Landlord the amount established by Landlord for such excess charge will cause permanent damage or injury constitute a breach of the obligation to pay rent under this Lease and will entitle Landlord to the Building or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsrights therein granted for such breach. 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 not exceed the capacity of the feeders to the Building Building, or the risers or wiring installation which Landlord represents is sufficient for ordinary office use. It is further covenanted and agreed by Tenant shall not install or use or permit 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 installation or use of any xxxx computer or statement to electronic data processing equipment in the Tenant therefor. Tenant shall make no alterations or additions to the electric equipment and/or appliances Premises (except standard office business machines, personal computers and word processing equipment) without the prior written consent of Landlord in each instance, which consent shall will 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: Lease (Auto by Tel 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 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 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 4.1. (a) Landlord shall obtain electricity for the Demised Premises on a direct meter basis, Tenant's behalf electrical service required by 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 with its use of electric current the Premises, Tenant's Designated Mechanical Space and Tenant's Designated Roof Space directly from the public utility company servicing the Building. Tenant's consumption of electricity shall never exceed be directly metered by the capacity public utility company and Tenant shall pay the costs of the feeders such consumption and any other costs of such service directly to the Building or the risers or wiring installation which Landlord represents is sufficient for ordinary office usepublic utility company. It is further covenanted Any deposits required by such public utility with respect to such service and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and in connection with obtaining such service shall be paid by the Tenant directly to the such public utility or shall be reimbursed to Landlord within ten thirty (1030) days after the rendering of any Landlord's submission of a xxxx or statement to the Tenant therefor, as the case may be, except that Landlord shall pay the cost of installing such direct meters. Landlord shall promptly and diligently arrange for such public utility company to install such meter(s) as shall be necessary to measure consumption of electricity in the Premises. Tenant shall make no alterations follow, or additions cooperate with Landlord to follow, all necessary procedures required by the public utility to qualify and be designated as the account payee for the public utility. Landlord shall allow Tenant to connect to the Building electric equipment and/or appliances without bus ducts in the prior written consent of Landlord in each instanceelectric closets located within the Premises, which consent shall not be unreasonably withheldat Tenant's sole cost and expense, conditioned or delayed. Notwithstanding anything and subject to the contrary hereinterms of this Lease, should electric to make Tenant's wiring connections thereto in order to furnish electrical service be interrupted for a period of more than five (5) consecutive business days through to 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 Upon 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 Landlordinstallation, Tenant shall have pay directly to the right utility company the amounts due for electric current consumed by Tenant, as indicated by such meters. At Tenant's request (to terminate this Lease by giving written notice to Landlord no be made not later than thirty (30) days following the seventieth (70thCommencement of Construction of the Building) consecutive day and vacating no later than cost, Landlord shall provide submetering for the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesaforesaid electric service in lieu of direct metering.

Appears in 1 contract

Samples: Agreement of Lease (Wellchoice 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 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 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 shall obtain electricity At all reasonable times, electric current as ----------- required for the Demised Premises building standard lighting and standard office equipment based on a direct meter basisexecutive and administrative use; provided, however, that: (i) without Landlord's consent, Tenant shall be responsible for 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 that which Landlord is obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant shall require electric current which may disrupt the provision of electrical service to other tenants, 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 Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current 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 utility all charges for electricity local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as measured will be incurred by such meterLandlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of modifications to the air conditioning system. Landlord shall not not, in any way way, be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain or incur if if, for any reasons beyond Landlord's reasonable control, 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 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 feeders, risers or electrical installations of the Building. If submetering of electricity in 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 will not be unreasonably withheldpermitted under future laws or regulations, conditioned or delayed. Notwithstanding anything the Rent will then be equitably and periodically adjusted 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 include an additional payment to Landlord no later than reflecting the seventieth (70th) consecutive day and vacating no later than cost to Landlord for furnishing electricity to Tenant in the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesPremises.

Appears in 1 contract

Samples: Office Lease (Internet Capital Group Inc)

Electricity. 14.01 (i) Tenant’s demand for, and consumption of, electricity in the Premises shall be determined by such submeters installed (or, if existing, retrofitted) by Landlord at Landlord’s sole and exclusive cost and expense. Landlord shall make available during the Term of this Lease electricity for all purposes with an average capacity of not less than six (6) xxxxx demand load per useable square foot of the Premises. Tenant shall obtain electricity pay for such electric consumption as additional Rent upon rendition of bills therefor, which bills shall be rendered by or on behalf of Landlord separately for each meter and payable as additional rent hereunder and shall be calculated at the Demised then applicable rate prescribed by the public utility company serving the Premises on a direct meter basissub metered electrical energy, plus (a) Landlord’s charge for overhead and supervision in the amount of six (6%) percent of the total electric xxxx and (b) any taxes or other charges in connection therewith. If any tax shall be imposed upon Landlord’s receipts from the sale or resale of electrical energy to Tenant, the pro rata share applicable to the electrical energy service received by Tenant shall be responsible for passed on to, included in the xxxx of, and pay paid by Tenant, if and to the applicable utility all charges for electricity as measured extent permitted by such meterlaw. Landlord shall not xxxx Tenant monthly, for the cost of its consumption of electricity in any way be liable or responsible to the Premises and Tenant for any loss or damage or expense which Tenant may sustain or incur if shall pay the amount thereof at the time of payment of each installment of Rent. If either the quantity or character of electric electrical services Is changed by the utility company or other company supplying electrical service is changed 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 and actual or constructive eviction, in whole or in part, or entitle Tenant to supply Tenant’s electrical requirementsany abatement or diminution of rent, or relive Tenant from any of its obligations under this lease, or impose any liability upon written request to Tenant, will be installed by Landlord, at the sole cost and expense or its agents, by reason of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage inconvenience or annoyance to Tenant 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, 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 ’s business 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 (Constant Contact, 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 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 rentable square foot of the Premises (exclusive of base building HVAC) 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 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 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 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: Musicmaker Com 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 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 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 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 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 (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 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 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 five (5) 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 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 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 electrical capacity to Tenant and the applicable utility all charges for electricity 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 Landlord. Any such installation shall be made at Tenant's sole cost and expense, and shall be chargeable and collectible as measured by such meteradditional rent and paid within fifteen (15) Business Days after the rendition of a 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 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: Focal Communications Corp

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 (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 be responsible use only such electrical contractors as are then on the approved list 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 requirementsBuilding. Any additional riser current required by Tenant shall be provided by Landlord, if available, at a cost of $250.00 per amp (for 120/208 volt service) if provided during the twelve (12) month period after the date hereof, and, if later provided, at Landlord's then standard charge. Electrical service shall be sized for Tenant's estimated ultimate demand as shown on its approved plans (although Landlord's approval of such aspect of Tenant's plans shall not constitute any agreement on Landlord's part to maintain the availability of such capacity for Tenant's future use) and shall, 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 risers to supply after Tenant’s electrical requirements's capacity is increased or decreased, upon written request 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 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 thirty (30) day period following delivery of such riser notice Tenant presents Landlord's electrical 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 risersa part of the capacity intended to be recaptured by Landlord within thirty (30) days thereafter, which evidence shall be supported by a memorandum prepared and signed by Tenant's reputable independent electrical engineer or qualified 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 (Fibernet Telecom Group 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 Tenant shall obtain electricity At all reasonable times, electric current as required for the Demised Premises on a direct meter basisbuilding standard lighting and fractional horsepower office machines; provided, however, that: (i) without Landlord's consent, Tenant shall be responsible for 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 that which Landlord is obligated to provide hereunder (provided, however, that the foregoing shall not preclude the use of personal computers or similar office equipment); (ii) if Tenant shall require electric current which may disrupt the provision of electrical service to other tenants, 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 Premises and upon the installation in the Premises of electric current meters to measure the amount of electric current 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 utility all charges for electricity local public utility, plus a reasonable amount to cover the additional expenses incurred by Landlord in keeping account of the electric current so consumed; and (iii) if Tenant's increased electrical requirements will materially affect the temperature level in the Premises or the Building, Landlord's consent may be conditioned upon Tenant's requirement to pay such amounts as measured will be incurred by such meterLandlord to install and operate any machinery or equipment necessary to restore the temperature level to that otherwise required to be provided by Landlord, including but not limited to the cost of modifications to the air conditioning system. Landlord shall not not, in any way ways be liable or responsible to Tenant for any loss or damage or expense which Tenant may incur or sustain or incur if if, for any reasons beyond Landlord's reasonable control, 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 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 feeders, risers or electrical installations of the Building. If submetering of electricity in 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 will not be unreasonably withheldpermitted under future laws or regulations, conditioned or delayed. Notwithstanding anything the Rent will then be equitably and periodically adjusted 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 include an additional payment to Landlord no later than reflecting the seventieth (70th) consecutive day and vacating no later than cost to Landlord for furnishing electricity to Tenant in the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE for Tenant as to both datesPremises.

Appears in 1 contract

Samples: Office Lease (Chemconnect 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 $1.25 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 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 Tenant Electricity shall obtain electricity not be furnished by Lessor, but shall be furnished by the authorized public utility company from time to time serving the Building, provided Lessor shall have the sole right to choose between such companies should more than one provide comparable service. Lessor is an authorized reseller of electrical energy for the Demised Building. Lessor shall permit Lessee to receive such service from such utility company through one or more electric meters or submeters serving the Premises on a direct meter basisand, Tenant unless stated to the contrary in Exhibit C Workletter installed at Lessor's expense; provided, however, that any and all electric company start-up charges, security deposit, periodic usage charges and all related rates and tariffs, for electrical service used or consumed in the Premises or its appurtenances, shall be responsible paid by Lessee at its sole expense. Lessee shall install no electrical fixtures or equipment not shown and specified on the final plans (and specifications, if any) approved for the Premises and pay to be installed in the Premises as of the Commencement Date of the Term of this Lease, without first securing Lessor's prior written approval as to power loads; Lessee shall bear all costs of increasing electric 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 level Lessor deems appropriate to supply Tenant’s electrical requirementsany approved power load in excess of existing Building capacities allocable to the Premises, based upon written request general mercantile levels of usage. Lessee shall make all necessary arrangements with the utility company for metering and paying for electric current furnished by it to TenantLessee. Electricity used during the performance of janitorial service, will or for the making of alterations or repairs in the Premises, or for the operation of any heating, ventilating or air-conditioning systems (supplemental to the Buildings central heating system, if any) and which may be required for computer or data processing equipment or for other special equipment or machinery installed by Landlordor on behalf of Lessee, at the sole cost and expense of Tenant, unless, in Landlord’s reasonable judgment, the same will cause permanent damage shall be paid for by Lessee. Lessee shall make no alterations or injury additions to the Building electric equipment or appliances in the Premises or the Demised Premises or cause or create a dangerous or hazardous condition or interfere with or disturb other tenants or occupantsBuilding without the prior written consent of Lessor in each instance. 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 Lessee 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 installed thereon. PAYMENT FOR PREMISES ELECTRICAL SERVICES: The Premises are separately metered or submetered for ordinary office use. It is further covenanted premises general electrical service; if separately metered Lessee shall place As name on the electric metered account therefor, for billing purposes, and agreed by the Tenant that all the aforesaid costs and expenses are chargeable and collectible as Additional Rent and Lessee shall be paid by the Tenant pay directly to the Landlord within ten (10) days after applicable utility company its utility charges per its tariffs from time to time in effect. In case 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 instancebills and charges are not paid when due, 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 Lessor shall have the right to terminate this Lease by giving written notice pay the same, which amounts so paid mm declared to Landlord no later than be so much additional rent and payable with the seventieth (70th) consecutive day and vacating no later than very next installment of Monthly Base Rent. If the ninetieth (90th) consecutive day. TIME BEING OF THE ESSENCE premises general electrical service is submetered, Lessee shall pay Lessor for Tenant as to both dates.premises general electrical services based upon application, without mark-xx, of the applicable public electrical utility company's rates

Appears in 1 contract

Samples: Office Lease (Metal Management Inc)

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.)

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