Common use of Electricity Clause in Contracts

Electricity. (a) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areas.

Appears in 2 contracts

Sources: Office Lease (Alkami Technology, Inc.), Office Lease (Alkami Technology, Inc.)

Electricity. (a) Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall furnish or cause to be furnished electric current to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical power up to 4.5 usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot demand load, at all times during the Term, exclusive of the Building’s HVAC system and Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (house” loads. Tenant Excess Electrical Usage”), then Landlord shall have the right to allocate and distribute such aggregate capacity throughout charge Tenant an amount equal to the Premises as it so desirescost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall use commercially reasonable efforts have the further right to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipmentinstall, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below)cost, engage a reputable consultant to conduct a survey of electrical usage within an electric current meter, sub-meter or check meter in the Premises (a “Consumption Survey”) or install one or more submeters (“SubmetersMeter”) to measure electrical usage within the Premises or a particular floor amount of electric current consumed in the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rentfrom time to time, the product (A) the kilowatts of but no more frequently than monthly, for its Excess Electrical Consumption during Usage at the period Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in question times (B) connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost per kilowatt thereof included in Operating Expenses. Tenant shall bear the cost of electricity charged to Landlord by the public utility replacement of lamps, starters and ballasts for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption any non-Building standard lighting fixtures within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areas.

Appears in 2 contracts

Sources: Lease Agreement (Andersen Group Inc.), Lease Agreement (Andersen Group Inc.)

Electricity. (aA) Landlord Lessor, subject to the provisions of this Section 24, shall furnish electrical power up energy to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during or for the use of Lessee in the Premises in accordance with this Section 24. (B) Throughout the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant Lessor shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such redistribute electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish energy to the Premises during Building Hours upon the following terms and conditions: (i) Lessee shall pay for such electrical power energy as provided by this Section 24; (ii) Lessor will redistribute electricity to Lessee through presently installed electrical facilities for TenantLessee’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard reasonable use of normal office equipment and the such lighting, electrical appliances and equipment as Lessor may permit to be installed in the Premises pursuant to the Tenant’s Improvements (as defined Premises, all consistent with that wiring capacity that has been installed in the Work Letter)Premises; (iii) Lessee agrees that an independent electrical engineering consultant selected by Lessor shall from time to time make a survey of the electric power demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, said survey to be at Lessee’s expense. Any additional electrical power required above Lessor reserves the right to estimate Lessee’s electric consumption until such a survey is made. The estimate will be based on One and 25/100 (i$1.25) an average of 4.7 kilowatts Dollars per square foot per year of the rentable area of the Premises Rentable area at rated capacityand Lessee agrees that the Annual Fixed Basic Rent, (ii) as defined on the Reference Page, has been increased to compensate Lessor for supplying Lessee with electric current by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expensean estimated Electric Rent Inclusion Factor as defined on the Reference Page. The actual cost aforesaid survey shall take into account, among other things, any special electrical requirements of Lessee and use by Lessee of electrical energy at times other than during Building Hours on Business Days. The findings of such electrical usage engineering consultant as measured by to the proper Electric Rent Inclusion Factor based on such Submeters average monthly electric consumption shall be conclusive and binding upon the parties and the amount thereof, less the Electric Rent Inclusion Factor, if in excess of the Electric Rent Inclusion Factor, shall be added to the Annual Fixed Basic Rent which shall be payable in installments of Monthly Fixed Basic Rent, payable for each month from the Commencement Date or if the amount thereof shall be lower than the Electric Rent Inclusion Factor, the difference therein shall be subtracted from the Annual Fixed Basic Rent and the resulting sum shall be the revised Annual Fixed Basic Rent which shall be payable in installments of Monthly Fixed Basic Rent (“Excess Electrical Cost”except that if the amount of such rent increase or decrease shall not have been determined on the Commencement Date, then, upon such subsequent determination, Lessee shall pay or receive a credit, as the case may be, for the retroactive determination from the Commencement Date to the date of such determination); (iv) If the Electric Rates (as hereinafter defined) on which the initial determination of said consultant was based shall be paid increased or decreased, then the Annual Fixed Basic Rent shall be increased or decreased in the amount equal to the change in Lessor’s cost of supplying electrical current to the Premises resulting from such rate change, retroactive if necessary to the date of such increase or decrease in such Electric Rates. The Term Fixed Basic Rent, as defined on the Reference Page, shall be deemed modified accordingly by Tenantany of the aforesaid modifications. (C) Lessee shall make no alterations or additions to the electric equipment appliances without first obtaining written consent from Lessor in each instance. Landlord If Lessee installs additional or substituted electrical equipment or appliances or otherwise increases its use of current, then the Electric Rent Inclusion Factor shall be redetermined by Lessor’s electrical engineer or consultant, at Lessee’s expense, and such determination shall be conclusive and binding upon Lessor and Lessee. Lessee may at any time it believes any change in its electrical equipment or appliances or fixtures has reduced its electrical consumption request a resurvey of the Premises by Lessor’s electrical engineer or consultant, at Lessee’s expense. Any change in the Electric Rent Inclusion Factor resulting from a change in Lessee’s consumption shall be effective as of the date of such change, and the Term Fixed Basic Rent enumerated herein shall be deemed modified accordingly, retroactive if necessary. (D) Lessor shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the quantity or character of electrical energy available for redistribution to the Premises pursuant to this Section nor for any interruption in the supply, and Lessee agrees that Tenant such supply may operate dedicated data/server rooms within be interrupted for inspection, repairs and replacement and in emergencies. In any event, the Premises full measure of Lessor’s liability for any interruption in the supply due to Lessor’s acts or omissions shall be an abatement of Term Fixed Basic Rent and Additional Rent. In no event shall Lessor be liable for any business interruption suffered by Lessee. Lessee covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the Building or the risers or wiring installation. Any riser or risers to supply Lessee’s electrical usage requirements, upon written request of Lessee, shall be installed by Lessor, at the sole cost and expense of Lessee, if, in Lessor’s sole judgment, the same are necessary and will 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 or occupants. In addition to the installation of such rooms requiring supplemental air will be separately submetered riser or risers, Lessor shall also, at Tenant’s the sole cost and expense of Lessee, install all other equipment proper and necessary in connection therewith subject to the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Threeaforesaid terms and conditions. (bE) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have Lessor reserves the right to installterminate the redistribution of electricity to the Premises at any time, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within upon thirty (30) days after receiving an invoice from Landlorddays’ written notice to Lessee, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated event Lessee may make application directly to the Premises and any utility company servicing the Building for Lessee’s entire separate supply of Tenantelectricity. Lessor, upon the expiration of the aforesaid thirty (30) day period, may discontinue furnishing the electric current, in which latter event Lessee’s equipment located outside Annual Fixed Basic Rent shall be decreased by the Premises and (2) Tenant’s Share charge for Electric Rent Inclusion Factor as of Electrical Expenses for the Common Areas and Service Areas.date

Appears in 2 contracts

Sources: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave Communications, Inc.)

Electricity. (a) Landlord shall furnish provide adequate electrical power up wiring and facilities for connection to 4.5 Building standard ceiling mounted lighting fixtures and incidental use equipment, i.e., 5 ▇▇▇▇▇ of connected load per usable square foot demand loadfoot, at all times during the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for provided that Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average consumption of 4.7 kilowatts electricity does not exceed 2.4 ▇▇▇▇▇/hour per usable square foot of the Premises Rentable area at rated capacityper month, (ii) by any single piece of equipment that is not standard office equipmentwhich electrical usage shall be subject to Applicable Laws and regulations, or (iii) 120 volts including Title 24. Tenant will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at design Tenant’s expenseelectrical system serving any equipment producing nonlinear electrical loads to accommodate such nonlinear electrical loads, including, but not limited to, oversizing neutral conductors, derating transformers and/or providing power-line filters. The actual cost Engineering plans shall include a calculation of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense fully connected electrical design load with and without demand factors and shall indicate the electrical usagenumber of ▇▇▇▇▇ of unmetered and submetered loads. Notwithstanding any provision to the contrary contained in this Lease, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, Landlord the product actual cost (Awithout ▇▇▇▇-up) of all electricity services provided to and/or consumed in the kilowatts of Excess Electrical Consumption during the period in question times Premises (B) including normal and excess consumption and including the cost per kilowatt of electricity charged to Landlord by operate the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”HVAC air handlers), and (iii) Landlord pursuant to submeters. Tenant shall have pay the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter cost of such electricity within thirty (30) days after receiving an demand accompanied by a documented invoice from Landlordtherefor and as Additional Rent under this Lease (and not as part of the Operating Expenses). Tenant shall be solely responsible for the installation of all such submeters as part of the Tenant Improvements. Tenant shall bear the cost of replacement of lamps, pay to Landlord any Excess Electrical Cost reflected by such Submeters starters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage ballasts for non-Building standard lighting fixtures within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service AreasPremises.

Appears in 2 contracts

Sources: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)

Electricity. (a) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand loadfor heating and air-conditioning services as described in subsection 5.1.2 and for lighting, at all times during the Term, exclusive of the Buildingincluding Tenant’s HVAC system lighting and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises office equipment as it so desiresdescribed herein. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters submeters (“Submeters”) at Tenant’s expenseexpense (which such expense shall not be duplicative of any Operating Expenses paid for by Tenant). The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. The present rate for lighting outside of Normal Business Hours is $5.00 per hour, subject to adjustment from time to time by Landlord. In the event Tenant regularly conducts Tenant’s business outside of Normal Business Hours, Tenant shall also pay for the cost of electricity regularly consumed at the Premises for lighting used in the Premises outside of Normal Business Hours, and the cost shall be considered Excess Electrical Consumption. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring rooms, including supplemental air air, will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Furthermore, in the event more than one third (1/3) of the Premises Rentable Area is at any time improved with cubicles, the Tenant’s Improvements shall include the installation of a transformer and an electrical panel. Tenant Name: Alkami Technology Flex Leasing Power & Service LLC Building Name: Granite Park ThreePlaza Tower One (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below)time, engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or and Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product of (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty twenty (3020) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areas.

Appears in 2 contracts

Sources: Office Lease (FlexEnergy Green Solutions, Inc.), Office Lease (FlexEnergy Green Solutions, Inc.)

Electricity. (a) (i) As of the Commencement Date, Landlord shall furnish electrical power up service to 4.5 the Premises of such quality and capacity in order to provide the Premises with no fewer than five (5) ▇▇▇▇▇ per rentable square foot demand load, at all times during the Term, exclusive of the Building’s HVAC system and “house” loadsfoot. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Additional Rent, the product electric charges (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical CostInclusion Amount”) on account of 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 (5) ▇▇▇▇▇ per rentable square foot of the Premises and that Tenant will, 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, and (iii) if Tenant’s electricity consumption exceeds such criteria, the Electric Inclusion Amount shall from time to time be equitably adjusted to reflect the resulting increase in such use. In addition, Landlord shall have the right to install, at conduct a periodic survey of Tenant’s expense, permanent Submeters to measure actual electrical usage and increase the electrical consumption within 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. If Landlord installs permanent Submeters shall furnish a statement of Landlord’s determination as permitted hereunderto the amount of the adjustment, Tenant shalland the same shall become binding upon the parties unless, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole costdays, Tenant may install submeters to measure notifies Landlord that it disputes the electrical usage within the Premises on single tenant floors amount of such adjustment, in which case 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 an independent electrical consultant selected by Landlord. Tenant shall pay (1) 100% of any separate submeter charges allocated permit said consultant to have access to the Premises and any of Tenant’s equipment located outside electrical facilities for the Premises and (2) foregoing purpose at all reasonable times. The fee of such consultant shall be paid by Tenant unless such consultant finds that Tenant’s Share use does not justify an increase greater than 2.5% of Electrical Expenses for the Common Areas Additional Rent, in which case the fee shall be paid by Landlord. When the amount of such adjustment is so determined, Landlord and Service AreasTenant 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 the amount 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) of Additional Rent.

Appears in 2 contracts

Sources: Lease (Surgiquest Inc), Lease (Surgiquest Inc)

Electricity. (a) 14.01 Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish requisite electricity to the Premises electrical power Demised Premises. If Landlord determines that the Tenant consumes an amount of electricity which exceeds by at least ten (10%) percent, on a regular basis, the charge to Tenant for Tenant’s lighting electricity set forth in compliance with Section 1.04 above, then the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises charge for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed electricity (included in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter definedFixed Rent) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within increased to reflect the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usageincreased power consumption, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, determined from time to time at Landlord’s sole cost (except as stated below)by an independent reputable electrical engineering consultant selected by Landlord and reasonably satisfactory to Tenant, engage a reputable consultant to conduct a survey of electrical usage within and applying the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premisesthen applicable public utility rates. The consultant's fee shall be shared equally by Landlord and Tenant. If such consultant determines that the Consumption Survey or Submeters reflect Excess Electrical Consumptionactual cost of electricity as then surveyed is less than ten (10%) percent, then (i) Tenant there shall be no increase in the electricity charge and Landlord shall be solely responsible for the costs consultant's fee. Any such increase in the charge for electricity shall be deemed Additional Rent and shall be payable in monthly installments together with the installments of Fixed Rent. If Tenant determines that it consumes an amount of electricity which is ninety (90%) percent or less, on a regular basis, than the Consumption Survey and/or Submeterscharge to Tenant for electricity set forth in Section 1.04 above, then the charge for electricity (iiincluded in the Fixed Rent) Tenant shall pay be decreased to Landlordreflect the decreased power consumption, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, determined from time to time thereafter within thirty by an independent reputable electrical engineering consultant selected by Landlord and reasonably satisfactory to Tenant, and applying the then applicable public utility rates. The consultant's fee shall be shared equally by Landlord and Tenant. If such consultant determines that the actual cost of electricity as then surveyed is greater than ninety (3090%) days after receiving an invoice from Landlordpercent, pay to Landlord any Excess Electrical Cost there shall be no decrease in the electricity charge and Tenant shall be solely responsible for the consultant's fee. Any such decrease in the charge for electricity shall be reflected by such Submeters a credit to Tenant against Fixed Rent and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors deducted in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasmonthly installments.

Appears in 1 contract

Sources: Sublease Agreement (Movado Group Inc)

Electricity. (a1) Landlord LANDLORD, at LANDLORD's expense, shall furnish normal electrical power up energy required for lighting, electrical facilities, equipment, normal office fixtures, and appliances used in or for the benefit of TENANT's Space, subject to 4.5 the limitations in the following paragraph. (2) TENANT shall not, without prior written notice to LANDLORD in each instance, connect to the Building's electric distribution system any fixtures, appliances or equipment other than normal office machines such as desktop calculators and typewriters, or any fixtures, appliances or equipment which TENANT on a regular basis operates beyond normal building operating hours, or which operate on a voltage in excess of 120 volts or which in the aggregate, including lighting, consume more than 2 ▇▇▇▇▇ per square foot demand loadmultiplied by the Rentable Floor Area of TENANT's Space. In the event of any such connection, at all times during TENANT agrees to an increase in the Term, exclusive Base Rent by an amount which will reflect the cost to LANDLORD of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment additional electric service to be installed in furnished by LANDLORD, such increase to be effective as of the Premises date of any such installation. (3) Whenever the Base Rent is to be increased pursuant to the Tenant’s Improvements (as defined in foregoing paragraph, if LANDLORD and TENANT cannot agree thereon, such amount shall be conclusively determined by a reputable independent electrical engineer selected by LANDLORD and paid equally by both parties, and the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts cost to LANDLORD will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expenseincluded in LANDLORD's Operating Costs as provided in Section 4.2 hereof. The actual cost parties agree to execute and deliver each to the other an amendment of this Lease confirming such electrical usage as measured by such Submeters (“Excess Electrical Cost”increase. 5.1. 2Additional Building ServicesTo furnish, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage through LANDLORD's employees or independent contractors, reasonable additional Building services upon reasonable advance request of such rooms requiring supplemental air will be separately submetered TENANT at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, equitable rates from time to time at Landlord’s sole cost (except established by LANDLORD to be paid by TENANT; Both parties acknowledge that the Tenant will be using additional utilities and services to operate the data center, including electricity, natural gas and HVAC. Tenant is responsible for costs associated with such additional utilities and services. 5.1. 3RepairsExcept as stated below)otherwise provided in Article VI, engage a reputable consultant to conduct a survey of electrical usage within make such repairs to the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular roof, exterior walls, floor slabs and common facilities of the PremisesBuilding as may be necessary to keep them in serviceable condition; and 5.1. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have 4Quiet EnjoymentThat LANDLORD has the right to installmake this Lease and that TENANT on paying the rent and performing its obligations hereunder shall peacefully and quietly have, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters hold and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within enjoy the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to throughout the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service AreasTerm.

Appears in 1 contract

Sources: Office Lease (Fullnet Communications Inc)

Electricity. A. Landlord shall, subject to interruptions beyond its control, permit Tenant to have access to and use of the utility services (aincluding electricity and water) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during serving the Term, exclusive office section of the Building’s HVAC system , provided that Tenant does not overload the capacity of any of said utilities. All costs and “house” loadsexpense of any such utility service consumed in or by the Leased Premises shall be included in Operating Expenses. Tenant shall have the right to allocate Electrical service over and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such above normal electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets service necessary to operate Tenant’s standard office equipment 's electrodata processing machines, computers and similar machines requiring separate and/or dedicated circuits and for water and/or chilled water required to operate HVAC systems necessary to heat and cool the equipment to area housing. said machines shall be installed in conclusively presumed beyond normal electrical service, and shall be installed, maintained and provided at the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three. (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) B. Landlord shall have the right to installrequire that the utilities provided to any one or more floors of the Building be separately metered, sub-metered, or test metered on a tenant-by-tenant or floor-by-floor basis and to install meters for that purpose. Such installation will be at Tenant’s expense, permanent Submeters to measure Landlord's costs. C. Upon the electrical consumption within installation of any such meters on any of the full floors forming part of the Leased Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shallshall pay to landlord, from time or directly to time thereafter within thirty (30) days after receiving an invoice from the applicable utility company if required by Landlord, monthly as billed, all charges for utilities separately metered or sub-metered with respect to such full floor. D. Upon the installation of any such separate meters, or sub-meters on any of the partial floors forming part of the Leased Premises, Tenant will pay to Landlord or directly to the applicable utility company if required by Landlord, monthly as billed, its proportionate share of all charges, determined by survey or other apportionment among tenants on the floor for which such utilities are separately metered or sub-metered as aforesaid (apportioned on the basis of their respective Rentable Areas of space). E. Appropriate adjustments will be made in Tenant's Base Rental and the Operating Expense Base to reflect direct payment by Tenant of utility charges. The amount of the reduction shall be calculated by using the cost of utilities included in the Operating Expense Base. The reduction shall be based upon the utility charge actually paid directly by Tenant to the utility company. F. If the utilities of another tenant in the Building shall become separately metered and thereafter the other tenant should make direct payment to the applicable utility company, then the Operating Expense Base shall be reduced by the amount separately metered. G. If any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord of the utilities or services supplied to maintain, repair and read the Submeters. At leased Premises are substantially interrupted for a reason other than the negligence or willful misconduct of Tenant or any other Tenant’s option and at Tenant’s sole cost-Related Party, Tenant may install submeters shall be entitled to measure an abatement of Base Rental during the electrical usage within period commencing on the Premises on single tenant floors in which case Tenant shall pay (1) 100% fourth consecutive business day of any separate submeter charges allocated to the Premises interruption and any of Tenant’s equipment located outside ending when the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasutilities and/or services are substantially restored.

Appears in 1 contract

Sources: Office Lease (Us Unwired Inc)

Electricity. (a) Landlord shall furnish provide electrical power up wiring and facilities for connection to 4.5 ▇▇▇▇▇ per square foot demand loadTenant’s lighting and Tenant’s incidental use equipment as described in Schedule 2 to Exhibit B. Tenant shall not use combined electrical load for Tenant’s incidental use equipment and Tenant’s lighting fixtures in excess of its pro rata share of the capacity of the feeders, which electrical usage shall be subject to Applicable Laws, including Title 24. Tenant shall bear the cost of replacement of lamps, starters and ballasts for non-Building standard lighting fixtures within the Premises (Landlord, as part of Operating Expenses, will replace Building-standard lamps, starters and ballasts). Tenant shall reasonably cooperate with Landlord at all times during and abide by all regulations and requirements that Landlord may reasonably prescribe for the Term, exclusive proper functioning and protection of the Building’s HVAC system and Building Systems. All electricity usage at the Project shall be monitored using separate submeters (the house” loads. Tenant Submetering Equipment”) which shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacityinstalled by Landlord or any tenant, for other tenant space in the Project, (ii) installed by any single piece of equipment that is Tenant for the Premises (not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (including the Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical CostBuilding Systems”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage term is defined in Article 7 of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”this Lease), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred installed by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service AreasBuilding Systems. Tenant shall have no obligation to pay for any costs of electricity (including as part of Operating Expenses) shown on the Submetering Equipment described in item (i) above. Tenant shall be responsible to pay directly, and not as a part of Operating Expenses, for the cost of all electricity shown on the Submetering Equipment described in item (ii) above. The cost of all electricity shown on the Submetering Equipment described in item (iii) above (except to the extent included in the Extra HVAC Costs) shall be included in Operating Expenses. Tenant may audit Landlord’s readings of the Submetering Equipment and Landlord shall deliver reasonably detailed invoices to Tenant reflecting Landlord’s reading of the Submetering Equipment and resulting electricity costs.

Appears in 1 contract

Sources: Lease Agreement (Vir Biotechnology, Inc.)

Electricity. (a) Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall make or cause to be made, customary arrangements with utility companies and/or other suppliers of electricity to furnish electric current to the Premises for Tenant’s use in accordance with the standards to which the Base Building Systems have been designed (i.e., eight (8) ▇▇▇▇▇ per square foot of the Premises, exclusive of base-Building HVAC). The Premises is currently served by 3.5 ▇▇▇▇▇ per square of the Premises, exclusive of base-Building HVAC (the “Electrical Standard”). Tenant, as part of the Tenant Improvements, shall be entitled to modify the electrical power up capacity in order to enable Tenant to utilize an additional 4.5 ▇▇▇▇▇ per square foot demand load, at all times during of the TermPremises, exclusive of base-Building HVAC for a total of 8 ▇▇▇▇▇ per square foot of the Building’s Premises, exclusive of base-Building HVAC. If Landlord reasonably determines by the use of an electrical consumption survey or by other reasonable means that Tenant is using electric current (including overhead fluorescent fixtures) in excess of the Electrical Standard (exclusive of electricity for the Building HVAC system and System) (house” loads. Tenant Excess Electrical Usage”), then Landlord shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially charge Tenant an amount equal to Landlord’s reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for estimate of Tenant’s lighting in compliance with Excess Electrical Usage, and shall have the governing energy code. Additionallyfurther right to install a separate electric current meter, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed submeter or check meter in the Premises pursuant (a “Meter”) to measure the Tenant’s Improvements (as defined amount of electric current consumed in the Work Letter)Premises. Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment In the event that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual Usage is determined to exist, the cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”Meter, as hereinafter defined) special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rentfrom time to time, the product (A) the kilowatts of but no more frequently than monthly, for its Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed Usage at the Property during such period Premises. The rate to be paid by Tenant for Metered electricity shall include any taxes or other third-party charges in connection therewith. In addition, if Tenant installs a trading floor and/or a computer data room in the Premises or non-standard office equipment in the Premises (such product is herein called the “Excess Electrical Cost”i.e., equipment that uses more electric current than standard office equipment), and (iii) Landlord shall have the right to installinstall a Meter for such portion of the Premises and/or such non-standard office equipment upon the terms set forth above. The cost of such Meter, at special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereundersuch portion of the Premises uses electric current in excess of the Electrical Standard, Tenant shallshall pay Landlord, from time to time thereafter within thirty (30) days after receiving an invoice from time, but no more frequently than monthly, for such excess usage. Tenant shall pay Landlord, pay from time to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintaintime, repair and read the Submeters. At Tenant’s option and at Tenant’s sole costbut no more frequently than monthly, Tenant may install submeters to measure for the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasall such Metered non-standard office equipment.

Appears in 1 contract

Sources: Deed of Lease (FBR & Co.)

Electricity. (ai) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at cause all times during the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility invoices for electricity consumed at the Property during such period Building and the Common Areas to be sent directly to Tenant by the public utility or other company providing electricity to the Building and the Common Areas (such product is herein called the “Excess Electrical CostElectricity Provider”). Tenant shall pay directly to the Electricity Provider such invoiced amounts when due. If requested in writing by Landlord, Tenant shall make available to Landlord evidence of payment of such invoices. The Electricity Provider may not be changed during the Term by Landlord without the prior written consent of Tenant, which consent may be withheld in Tenant’s sole and absolute discretion. (ii) Landlord and Tenant estimate that the average monthly value of electricity consumed by the portion of the Building located outside of the Premises is Two Thousand Five Hundred Seventy-Eight Dollars ($2,578.00) per month (the “Estimated Electricity Allocation”). The Estimated Electricity Allocation shall remain fixed and shall not be subject to adjustment, except in accordance with subparts (iii) or (iv) below. Tenant shall invoice Landlord monthly for the Estimated Electricity Allocation, which invoice shall have include a copy of the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by the Electricity Provider for such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors period. (iii) Notwithstanding anything in which case Tenant shall pay (1) 100% of any separate submeter charges allocated this Lease to the Premises contrary, the Estimated Electricity Allocation shall be subject to adjustment if the Net Electricity Rate (defined below) increases or decreases during the Term. As used herein, the “Net Electricity Rate” shall mean the overall amount invoiced by the Electricity Provider for electricity consumption at the Building and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas over the entire invoice period (including all taxes, fees and Service Areasother surcharges on such invoice, but excluding any separate ▇▇▇▇-up imposed by Landlord or Tenant) divided by the kilowatt hours consumed at the Premises during such invoice period. The Estimated Electricity Allocation specified in subpart (ii) above is based on a Net Electricity Rate of $0.135 per kilowatt hour for the months of November through April and $0.190 per kilowatt hour for the months of May through October (the “Initial Net Electricity Rate”). The amount of the Estimated Electricity Allocation shall be adjusted proportionately to any increases or decreases in the applicable Net Electricity Rate.

Appears in 1 contract

Sources: Lease (Ddi Corp)

Electricity. Section 12.01. Electric current shall be supplied by Landlord to Tenant as herein provided. Base Rent includes a charge for consumption of electricity for the Building standard 277-volt lighting fixtures installed in the Premises and for normal small office machines and fixtures connected to the Building standard 110-volt, single phase outlets, 24 hours per day. Tenant shall pay as Additional Rent, and on a monthly basis, for the consumption of electricity used in the Premises for a total connected load in excess of a total of five (a5) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during the Term, exclusive of Rentable Area of the Premises at a rate computed on Landlord’s average cost per kilowatt hour. Such average cost shall be determined by dividing the total kilowatt hours used in the Building into the total cost of the utility company’s electricity invoices for the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such The amount of electrical power consumption in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate a total connected load in excess of five (5) ▇▇▇▇▇ shall be determined by Landlord’s reasonable estimate, or if requested by Tenant’s standard office equipment , by an engineering analysis and/or study by a consultant retained by Landlord and the equipment Tenant, such study to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost. For computer floors, Tenant may install submeters to measure the supplemental HVAC and other special installations, additional electrical usage within the Premises on single tenant floors in which case shall be determined by measurement by electric meters to be installed as required by Landlord at Tenant’s sole cost. If Tenant requires electrical current beyond five (5) ▇▇▇▇▇ per square foot, Tenant shall pay for such consumption as Additional Rent, based on the above method of calculating cost. Charges for excess electrical consumption shall be billed and paid as Additional Rent. Section 12.02. Tenant shall pay as Additional Rent, within ten (110) 100% days of any separate submeter charges allocated being billed therefor, the cost of all replacement lamps, bulbs, starters and ballasts used in the Premises, together with the charge for installation thereof. Section 12.03. Tenant covenants and agrees that at all times its use of electric current shall not exceed Tenant’s proportionate share of the capacity of existing feeders to the Premises and any Building or the risers or wiring installation. Any riser or risers or wiring to meet Tenant’s excess electrical requirements, upon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant if, in Landlord’s sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or 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. Section 12.04. Tenant shall make no alterations or additions to the electric equipment located outside or installation without the Premises prior written consent of Landlord in each instance, and (2) all work shall be done by Landlord at Tenant’s Share expense in accordance with plans and specifications of Electrical Expenses Tenant to be submitted and approved by Landlord. Section 12.05. If, at any time when Landlord is furnishing electric current to the Premises, it becomes illegal for Landlord to continue to do so, Landlord may, upon not less than thirty (30) days’ prior written notice to Tenant, discontinue the furnishing of such electric current. If Landlord gives any such notice of discontinuance, Landlord shall make all the necessary arrangements with a public utility to furnish such electric current to the Premises, but Tenant will contract directly with such public utility for the Common Areas and Service Areassupplying of such electric current to the Premises.

Appears in 1 contract

Sources: Lease Agreement (Ariba Inc)

Electricity. (a1) Landlord shall furnish electrical power up Subject to 4.5 the provisions of this Section 11(A), Sublandlord agrees to furnish, or cause the Overlandlord to furnish, Subtenant with all electric current (including at least 6 ▇▇▇▇▇ per rentable square foot) and such other utilities and building operating services as reasonably required by Subtenant in connection with the permitted use and occupancy of the Subleased Premises. There shall be a charge to Subtenant for such electric current which shall be Three dollars ($3.00) per square foot demand loadper annum for the Term (based upon 18,267 rentable square feet), which amount is presently included in the Fixed Rent; provided that Sublandlord reserves the right, at its option, to change the manner in which electricity is charged to Subtenant, (x) by survey, in which case Subtenant shall pay an amount equal to the electric charges for the Subleased Premises suggested by such survey, or, (y) by submeter so long as Sublandlord shall pay the cost to install such submeter, and Sublandlord shall charge Subtenant the same rate that Sublandlord pays without a markup; provided, however, if, as a result of any material alteration or addition to Subtenant's electrical equipment and/or appliances in the Subleased Premises, the cost of furnishing electric service to the Subleased Premises shall be increased, Subtenant shall be required to pay for such increased cost (and notwithstanding the foregoing, Subtenant shall pay the reasonable cost of installation of such submeter), upon a presentation of reasonable proof of such increase to Subtenant. If Sublandlord shall elect to charge Subtenant by means of survey (conducted by an electrical engineer calculating relative usage and demand compared to that of a typical professional office tenant) or submeter as contemplated in the preceding sentence, then the Fixed Rent shall be reduced by an amount equal to Three dollars ($3.00) per square foot per annum (based upon 18,267 rentable square feet). (2) At all times during the Termterm of this Sublease, exclusive Subtenant will comply in the Subleased Premises with all present and future rules, regulations, terms and conditions applicable to service equipment, wiring and requirements in accordance with the regulations of the public utility company supplying electric current to the Building. Subtenant shall not use any electrical equipment, which, in the reasonable discretion of Sublandlord or the discretion of the Overlandlord, will overload such installations or interfere with the use thereof by the other occupants of the Building’s HVAC system . Subtenant covenants and “house” loads. Tenant agrees that at all times its use of electric current shall have never exceed the right to allocate and distribute such aggregate capacity throughout of the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish then existing feeders to the Subleased Premises electrical power for Tenant’s lighting or the risers or wiring installation, nor shall Subtenant use or install any fixtures, equipment or machines the use of which in compliance conjunction with the governing energy code. Additionallyother fixtures, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed machines in the Premises pursuant to Building would result in an overload of the Tenant’s Improvements (as defined in electrical circuits servicing the Work Letter)Building. Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) Nothing herein shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor deemed an assurance of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by continued availability from the public utility company supplying electric current to the Building of sufficient current to the Subleased Premises or that the quantity or type of current is now or shall hereafter be adequate for electricity consumed Subtenant's needs. Sublandlord shall in no way be liable or responsible to Subtenant for any loss or damage or expense which Subtenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Subtenant's requirements, except if due to the negligent acts or omissions of Sublandlord. Subtenant shall furnish, install and replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Subleased Premises, at Subtenant's sole cost and expense (or upon request by Subtenant, Sublandlord will furnish, install and replace same at Subtenant's cost). All lighting tubes, lamps, bulbs and ballasts so installed shall become Sublandlord's property upon the Property during such period expiration or sooner termination of this Sublease. (such product is herein called 3) If any taxes or charges are or shall be imposed upon Sublandlord or its agent in connection with the “Excess Electrical Cost”sale or resale of electrical energy to Subtenant pursuant to this Section 11(A), Subtenant covenants and (iii) Landlord shall have the right to installagrees that, at Tenant’s expensewhere permitted by law, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter taxes or charges allocated allocable to the Subleased Premises shall be passed on to Subtenant and any paid by Subtenant to Sublandlord or its agent upon demand, as Additional Rent, without set-off or deduction. Sublandlord shall deliver a copy of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasrelevant tax ▇▇▇▇ upon written request by Subtenant.

Appears in 1 contract

Sources: Sublease (Dial Global, Inc. /De/)

Electricity. (a) Landlord shall furnish provide sufficient electricity to operate normal office lighting and equipment. Tenant shall not install or operate in the Premises any electrically operated equipment or other machinery, other than business machines and equipment normally employed for general office use which do not require high electricity consumption for operation, without obtaining the prior written consent of Landlord. If any or all of Tenant's 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) shall be submetered by Landlord at Tenant's expense, and Tenant shall reimburse Landlord as Additional Rent for the cost of its submetered consumption based upon Landlord's average cost of electricity. Such Additional Rent shall be in addition to Tenant's obligations pursuant to Section 2A(2) to pay its Proportionate Share of Operating Costs. As used above, the term "sufficient electricity to operate normal office lighting and equipment" means sufficient electrical power up capacity to 4.5 operate (i) 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 ▇▇▇▇▇ per square foot Rentable Square Foot; and (ii) lighting (277/480 volts), provided that the total rated electrical design load for said lighting shall not exceed 2.0 ▇▇▇▇▇ per Rentable Square Foot (each such rated electrical design load to be hereinafter referred to as the "Building Standard Rated Electrical Design Load"). Should Tenant's total rated electrical demand loadload for the entire Premises or any portion thereof (including, at all times during but not limited to, computer or telephone rooms) exceed the TermBuilding Standard Rated Electrical Design Load for either low or high voltage electrical consumption, exclusive or if Tenant's electrical design requires low voltage or high voltage circuits in excess of Tenant's share of the Building’s HVAC system building standard circuits, Landlord will (at Tenant's expense) install such additional circuits and “house” loadsassociated 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 demand 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 Tenant shall be subject to the prior approval of Landlord (which approval shall not be unreasonably withheld). All reasonable expenses incurred by Landlord in connection with the review and approval of any Additional Electrical Equipment shall also be reimbursed to Landlord by Tenant. Tenant shall have also pay on demand the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual metered cost of such electrical usage as measured by such Submeters electricity consumed through the Additional Electrical Equipment (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated belowif applicable), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord plus any Excess Electrical Cost reflected by such Submeters and all costs actual accounting expenses incurred by Landlord to maintain, repair and read in connection with the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasmetering thereof.

Appears in 1 contract

Sources: Lease Agreement (Edutrek Int Inc)

Electricity. (a) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies15.01. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing electric energy code. Additionally, Landlord that Tenant shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed require in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Demised Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rentadditional rent, the product costs and charges for all electric energy furnished to Tenant at the Demised Premises, other than the electric energy costs and charges for the use and operation of the HVAC system (Aand all its component parts) which costs shall be included as Operating Expenses under Article 5. Additional rent for such electric energy shall be calculated and payable in the kilowatts manner hereinafter set forth. 15.02. As part of Excess Electrical Consumption during Landlord's Work as described in Exhibit C, Landlord, at Tenant's sole cost and expense, shall install an electric meter or sub-meter which shall measure Tenant's electrical use (other than the period in question times (B) electric energy costs and charges for the use and operation of the base Building HVAC system and all of its component parts). Tenant shall pay the cost per kilowatt of electricity charged such use to Landlord as additional rent, based upon the actual electrical energy usage as measured by the sub-meter, as if Tenant was a direct independent customer of the utility company. 15.03. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric energy furnished to the Demised Premises by reason of any requirement, act, or omission of the public utility serving the Building with electricity or for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”)any other reason. Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs, and (iii) ballasts required in the Demised Premises at Tenant's expense at a commercially reasonable cost. 15.04. Tenant's use of electric 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. Landlord represents that the electrical capacity of the Demised Premises is sufficient to satisfy the needs of Tenant for any commercially reasonable use based upon the improvements contemplated in Exhibit C. Landlord further states that the Landlord shall have provide electricity service to the right to installmain distribution electric ▇▇▇▇ service in the closet located in the Demised Premises capable of providing seven (7) ▇▇▇▇▇ (electric demand load, at exclusive of HVAC) per rentable square feet as a basic building service. Tenant’s expense, permanent Submeters to measure 's use of such electricity service (other than the electrical consumption within electric energy costs and charges for the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters use and operation of the base Building HVAC system and all costs incurred by Landlord to maintainof its component parts) shall be separately metered, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors as provided in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service AreasSection 15.

Appears in 1 contract

Sources: Sublease Agreement (I Many Inc)

Electricity. (a) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts right, exercisable at its sole option to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish supply to the Premises electrical power Tenant electricity for Tenant’s lighting in compliance with the governing energy code. Additionally's reasonable use for lighting, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacityheating, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within air-conditioning and/or ventilating the Premises and that all operating therein such other electrical usage appliances and equipment as may be reasonably necessary for the operation of such rooms requiring supplemental air will be separately submetered at Tenant’s expense 's business (hereinafter referred to as "Tenant's energy use"). The following terms and conditions shall govern the electrical usage, as measured distribution of electricity by such Submeters shall be paid by Landlord to Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Threefor Tenant's energy use. (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall pay Landlord an "annual energy charge" for such electrical service. The annual energy charge shall be responsible determined and paid in the following manner: (1) Landlord shall select from time to time a consultant ("Consultant") to provide annual estimates of Tenant's energy use. Tenant shall make the Premises available to Consultant from time to time during normal business hours to permit Consultant to make an energy survey of the Premises. In addition, Tenant shall supply Landlord, within fifteen (15) days after receipt of written request therefor, with all information which may be reasonably necessary for Consultant to estimate Tenant's energy use, including without limitation: (a) plans and specifications for the costs electrical systems within the Premises (including "as built" drawings); (b) specifications for all electrical equipment and appliances to be operated within the demised premises; and (c) reasonable estimates of the Consumption Survey and/or Submetershours such equipment shall be used. Consultant, in preparing the energy estimate, shall consider the information submitted by Tenant, the days and hours of operation of Tenant's business and any other factors which Consultant may deem relevant. Consultant shall provide copies of the energy estimate to both Landlord and Tenant. Consultant's energy estimate shall be binding upon both Landlord and Tenant. (ii2) Based upon the energy estimate described in subsection (b)(i) above, Consultant shall determine Tenant's "annual energy charge" for the electricity to be furnished by Landlord. It is the intent of the Landlord that the amount of the annual energy charge shall neither exceed nor be less than the total charges (including fuel adjustments and all applicable taxes) which Tenant would be obligated to pay the electrical utility company then providing service to the Business Center for such electrical service if the electrical service was provided by such utility company. (3) Tenant shall pay to Landlordthe annual energy charge in twelve (12) equal installments, as Rent, each of which shall be paid in advance on or before the product first (A1st) the kilowatts day of Excess Electrical Consumption during the period in question times each month. (B4) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period Not later than sixty (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (3060) days after receiving an invoice the end of such calendar year, Landlord or Landlord's Consultant shall compute the adjustments if any, for Tenant's energy use during the preceding calendar year. Such adjustment shall be based upon factors which have caused Tenant's energy use or the costs therefor to vary from Landlord, pay the energy estimates including without limitation: any revision of rates charged by the local utility company during such year; any revision due to Landlord a tax increase by state or local governments; any Excess Electrical Cost reflected change in energy use by such Submeters and all costs incurred by Landlord to maintain, repair and read Tenant; any permitted change in the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within use of the Premises on single tenant floors in which case Tenant shall pay (1) 100% of affects Tenant's energy use; any separate submeter charges allocated to the Premises and any adjustments required as a result of Tenant’s equipment located outside 's actual operating experience or seasonal requirements. The amount of such adjustment shall be added to or subtracted from, as the Premises and (2) case may be, Tenant’s Share 's next succeeding monthly payment of Electrical Expenses for the Common Areas and Service AreasTenant's energy charge.

Appears in 1 contract

Sources: Deed of Lease (Ciao Cucina Corp)

Electricity. (a) Landlord shall furnish acknowledges 3000 AMP 480 / 277 volt, 3 phase electrical power up is supplied to 4.5 ▇▇▇▇▇ per square foot demand the Complex (hereinafter referred to as the “Building standard rated electrical design load, at all times during the Term, exclusive of the Building’s HVAC system and “house” loads”). Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for be allocated Tenant’s lighting in compliance with pro rata share of the governing energy codeBuilding standard circuits provided on the floor(s) Tenant occupies. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Should Tenant’s fully connected electrical design load exceed the Building standard office equipment and the equipment to be installed in the Premises pursuant to the rated electrical design load for either low or high voltage electrical consumption, or if Tenant’s Improvements (as defined electrical design requires low voltage or high voltage circuits in the Work Letter). Any additional electrical power required above (i) an average excess of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor share of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical ConsumptionBuilding standard circuits, then (i) Tenant shall be responsible for complying with any of Landlord’s requirements in connection therewith, including, without limitation, installing (at Tenant’s expense) one (1) additional high voltage panel and/or one (1) additional low voltage panel with associated transformer (which additional panels and transformers shall be hereinafter referred to as the costs “additional electrical equipment”). If the additional electrical equipment is installed because Tenant’s low or high voltage rated electrical design load exceeds the applicable Building standard rated electrical design load, then a meter may also be added at Landlord’s option (at Tenant’s expense) to measure the electricity used through the additional electrical equipment. The design and installation of any additional electrical equipment (or related meter) required by Tenant shall be subject to the prior approval of Landlord (which approval shall not be unreasonably withheld). All expenses incurred by Landlord in connection with the review and approval of any additional electrical equipment shall also be reimbursed to Landlord by Tenant. Tenant shall also pay on demand the actual metered cost of electricity consumed through the additional electrical equipment (if applicable), plus any actual accounting expenses incurred by Landlord in connection with the metering thereof. Notwithstanding the foregoing, if: (i) such utility service is interrupted because of the Consumption Survey and/or Submetersacts of Landlord, its employees, agents or contractors; (ii) Tenant shall pay to Landlord, as Rent, the product notifies Landlord of such interruption in writing (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical CostInterruption Notice”), and ; (iii) Landlord shall have such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other casualty; (v) the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shallor material portion thereof, from time to time thereafter within thirty (30) days after receiving an invoice from Landlordthen, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters remedy for such interruption shall be as follows: on the fifth (5th) consecutive business day following the later to measure occur of the electrical usage within date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on single tenant floors in which case Tenant shall pay a per diem basis for each day after such five (15) 100% business day period based upon the percentage of any separate submeter charges allocated to the Premises so rendered untenantable and any of not used by Tenant’s equipment located outside , and such abatement shall continue until the date the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasbecome tenantable again.

Appears in 1 contract

Sources: Office Lease Agreement (Cross Country Healthcare Inc)

Electricity. (a) SECTION 12.01. Electric current shall be supplied by Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during Tenant as herein provided. Base Rent includes a charge for consumption of electricity for the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a costBuilding standard 277-effective and environmentally responsible manner using environmentally responsible equipment, volt lighting fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant and for normal small office machines and fixtures connected to the Tenant’s Improvements (Building standard 110-volt, single phase outlets, 24 hours per day. Tenant shall pay as defined Additional Rent, and on a monthly basis, for the consumption of electricity used in the Work Letter). Any additional electrical power required above Premises for a total connected load in excess of a total of five (i5) an average of 4.7 kilowatts per watt▇ ▇▇▇ square foot of Rentable Area of the Premises Rentable area at rated capacity, a rate computed on Landlord's average cost per kilowatt hour. Such average cost shall be determined by dividing the total kilowatt hours used in the Building into the total cost of the utility company's electricity invoices for the Building. The amount of electrical consumption in the Premises for a total connected load in excess of five (ii5) watt▇ ▇▇▇ll be determined by any single piece of equipment that is not standard office equipmentLandlord's reasonable estimate, or if requested by Tenant, by an engineering analysis and/or study by a consultant retained by Landlord and Tenant, such study to be at Tenant's sole cost. For computer floors, supplemental HVAC and other special installations, additional electrical usage shall be determined by measurement by electric meters to be installed as required by Landlord at Tenant's sole cost. If Tenant requires electrical current beyond five (iii5) 120 volts will be considered watt▇ ▇▇▇ square foot, Tenant shall pay for such consumption as Additional Rent, based on the above method of calculating cost. Charges for excess electrical consumption shall be billed and paid as Additional Rent. SECTION 12.02. Tenant shall pay as Additional Rent, within ten (“Excess Electrical Consumption”10) days of being billed therefor, the cost of all replacement lamps, bulbs, starters and ballasts used in the Premises, together with the charge for installation thereof. SECTION 12.03. Tenant covenants and agrees that at all times its use of electric current shall not exceed Tenant's proportionate share of the capacity of existing feeders to the Building or the risers or wiring installation. Any riser or risers or wiring to meet Tenant's excess electrical requirements, upon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant if, in Landlord's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or 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. SECTION 12.04. Tenant shall make no alterations or additions to the electric equipment or installation without the prior written consent of Landlord in each instance, and all work shall be separately measured done by Submeters (“Submeters”) Landlord at Tenant’s expense's expense in accordance with plans and specifications of Tenant to be submitted and approved by Landlord. SECTION 12.05. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”If, as hereinafter defined) shall be paid by Tenant. at any time when Landlord agrees that Tenant may operate dedicated data/server rooms within is furnishing electric current to the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usagePremises, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) it becomes illegal for Landlord to continue to do so, Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within upon not less than thirty (30) days after receiving an invoice from Landlorddays' prior written notice to Tenant, pay to discontinue the furnishing of such electric current. If Landlord gives any Excess Electrical Cost reflected by such Submeters and notice of discontinuance, Landlord shall make all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areas.necessary

Appears in 1 contract

Sources: Lease Agreement (Freemarkets Inc)

Electricity. (a) Landlord Landlord, at Landlord’s expense, subject to the provisions of this Article 9, shall furnish alternating current electrical power up energy to 4.5 Tenant (i) for use in the Existing Premises at the levels provided under the Existing Leases, and (ii) for use in the New Premises at a level of not less than 1200 amperes, 480 volts, 3-phase, 4-wire, dedicated to Tenant. Tenant shall pay Landlord a one-time fee for the installation of such electrical capacity of $125.00 per ampere for each ampere provided to the New Premises above an amount equal to twelve (12) ▇▇▇▇▇ per square foot demand loadRentable Square Foot of space in the New Premises. Tenant covenants that Tenant’s use and consumption of electric current in the Premises shall not at any lime exceed the foregoing amount, nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises. Tenant shall pay Landlord, as Additional Rent, at all times during any time and from time to time, but no more frequently than monthly, for its consumption of electrical energy at the TermPremises, exclusive as provided herein. (b) In the event that Tenant’s total power requirements at the New Premises, based on an annual review of Tenant’s consumption following the second (2nd) anniversary of the Building’s HVAC system and Commencement Date, shall be less than the 1200 ampere, 480 volt service described above, Tenant shall pay to Landlord an annual sum equal to the fee, if any, which Landlord is obligated to pay to the Electricity Provider (as hereinafter defined), commonly known as a houseuse it or lose itloadsfee, for the availability of such capacity, presently payable by Landlord to the Electricity Provider at the rate of $12.50 per unused ampere per annum. Further, if as of the third (3rd) anniversary of the Commencement Date, Tenant shall continue to require less than the 1200 ampere, 480 volt service described above in the New Premises, then Landlord shall have the right to allocate and distribute such aggregate capacity throughout reduce the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical level of electric power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish supplied to the New Premises electrical power for to Tenant’s lighting in compliance with actual power requirements. (c) The calculations and determinations of the governing charges for electric energy code. Additionally, Landlord consumed by Tenant shall furnish 120 volt power to be based on the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment readings of one or more submeters to be installed in the Premises pursuant to the by Landlord at Tenant’s Improvements (sole expense, applied to Landlord’s Electricity Cost, as defined in the Work LetterSection 9.2(d). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage Tenant shall pay for electricity consumed as determined thereunder as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, calculated from time to time at by such submeter or submeters, such payment to be equal to the amount Tenant would pay for such consumption of electricity if it purchased that amount of electricity from the public utility servicing the Building under the rate structure and/or classification as set forth in this Section 9.2(c) pursuant to which Landlord would purchase that quantity of electricity for the entire Building, plus Landlord’s sole cost charge for overhead and supervision, which charge shall not exceed five percent (except as stated below)5%) of such payment by Tenant. In addition, engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product Additional Rent (Ai) the kilowatts fees and expenses of Excess Electrical Consumption during Landlord’s electrical contractor for services rendered by such contractor in the period in question times (B) the cost per kilowatt maintenance and repair of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”submeter(s), and (iiiif) Landlord shall have the right amount of any taxes imposed by any Governmental Authority on Landlord’s receipts from the sale of electricity to install, at Tenant. In the event that more than one submeter is used to measure Tenant’s expense, permanent Submeters to measure the electrical consumption within of electricity in the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shallshall be billed only on the basis of the “totalized” demand, from time to time thereafter within thirty (30) days after receiving an invoice from Landlordi.e., pay to Landlord any Excess Electrical Cost reflected by as though a single meter were measuring such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasusage.

Appears in 1 contract

Sources: Lease Agreement (Switch & Data, Inc.)

Electricity. (a) 4.01. Landlord shall furnish electrical power to Tenant the electric energy which Tenant requires in the demised premises, in an amount up to 4.5 six (6) ▇▇▇▇▇ per square foot demand loadfoot, at all times during on a "rent inclusion" basis, through the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such presently installed electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power facilities for Tenant’s lighting 's reasonable use in compliance with the governing energy code. Additionallydemised premises for lighting, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard light office equipment and the equipment usual small business machines, including Xerox or other copying machines. Subject to the following provisions of this Article 4, there shall be installed no charge to Tenant therefor by way of measuring the same on any meter or otherwise, electric current being included as an additional service in the Premises pursuant fixed annual rent payable hereunder. Landlord shall not in anywise 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 Improvements 's requirements. (as defined in the Work Letter). Any additional electrical power required above a) Tenant acknowledges and agrees (i) that the fixed annual rent hereinabove set forth in this Lease includes an average Electricity Rent Inclusion Factor (as hereinafter defined), of 4.7 kilowatts per square foot of Premises Rentable area at rated capacityTHIRTY SEVEN THOUSAND ONE HUNDRED TWENTY FIVE AND 00/100 ($37,125.00) DOLLARS to compensate Landlord for the electrical wiring and other installations necessary for, and for its obtaining and redistribution of, electric current as an additional service; and (ii) by any single piece that said Electricity Rent Inclusion Factor (hereinafter called "ERIF"), which shall be subject to periodic adjustments as herein provided, has been partially based upon Tenant's estimated connected electrical load and hours of equipment that is not standard use thereof for ordinary lighting and light office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expenseduring ordinary business hours. The actual cost of such "Electricity Rent Inclusion Factor" shall mean the amount determined by applying the estimated connected electrical load and usage thereof in the demised premises (as measured determined by such Submeters (“Excess Electrical Cost”, the electrical consultant as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”provided) to measure electrical the rate charged for such load and usage within in the Premises or a particular floor of service classification in effect on January 1, 1998, pursuant to which Landlord then purchased electric current for the Premisesentire Building from the public utility corporation. If the Consumption Survey cost to Landlord of electricity shall have been, or Submeters reflect Excess Electrical Consumptionshall be, increased subsequent to January 1, 1998 (whether such increase occurs prior to or during the term of this Lease), by change in Landlord's electric rates, charges, fuel adjustment, or service classifications, or by taxes or charges of any kind imposed thereon, or for any other such reason, then (i) Tenant the aforesaid ERIF portion of the fixed annual rent shall be responsible for increased in the costs of same percentage and the Consumption Survey and/or Submeters, (ii) Tenant fixed annual rent provided herein shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasbe increased accordingly.

Appears in 1 contract

Sources: Lease Agreement (24/7 Media Inc)

Electricity. (a) a. Landlord shall furnish electrical power up supply electricity to 4.5 the Premises to supply a requirement not to exceed approximately twelve (12) ▇▇▇▇▇ per square foot demand loadof Premises Rentable Area and Tenant agrees in its use of the Premises not to exceed such requirement and that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. Except as set forth in Exhibit C, Landlord shall purchase and install all lamps, tubes, bulbs, starters and ballasts for all original fluorescent tubes within the Premises. All other bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse affect on the Building’s electric system, Tenant shall not, without Landlord’s prior consent, connect any fixtures, appliances or equipment to the Building’s electric distribution system other than standard office equipment including, without limitation, personal computers, printers, photocopiers and fax machines. b. Landlord shall install at Landlord’s expense a submeter which shall measure electric consumption (including electricity consumed in connection with the operation of the variable-air-volume (VAV) boxes used to heat and cool the Premises for after normal business hours operation) in the Premises, to be charged in accordance with Section 7.4.a above; provided, that Tenant shall not be charged a separate administrative fee with respect to the submetering. Tenant shall pay as additional rent all times amounts billed by the applicable utility company when due directly to the utility company. If, for any reason, such utility charges are not separately metered or submetered at any time during the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay as additional rent all reasonably allocated charges attributable to Landlordthe furnishing of electricity to the Premises. c. In the computation of Operating Costs, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) only the cost per kilowatt of electricity charged supplied to Landlord those portions of the Building other than those intended to be leased to tenants for their exclusive use and occupancy, or used by the public utility Building for electricity consumed at the Property during such period (such product is herein its own offices, i.e., only those areas which are so-called the “Excess Electrical Cost”)common areas, and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasbe included.

Appears in 1 contract

Sources: Lease Agreement (TechTarget Inc)

Electricity. Landlord, subject to and in accordance with the provisions of this Section 4.2, shall furnish electricity to Tenant for use in the Premises: (a) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during the Term, exclusive of the Building’s HVAC system and “house” loads. electricity which Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power require in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard lighting and other normal and customary office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter)uses. Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rentan Additional Charge, the product sum of Three and 25/100 Dollars (A$3.25) per rentable square foot of the Premises per year. This sum shall be payable to Landlord in advance on a monthly basis together with Fixed Rent and shall represent the cost of all such electricity furnished Tenant at the Premises, based on six (6) ▇▇▇▇▇ per usable square foot of Premises. Notwithstanding the foregoing, Landlord and Tenant acknowledge that the Supplemental HVAC Unit is connected to a submeter for measurement of the electricity consumed thereby, and, if Tenant utilizes the Supplemental HVAC Unit, Tenant shall pay for the electricity consumed thereby as measured by such submeter in the same manner as provided for Tenant’s Submeter under Section 4.2(b) below. (i) Tenant shall be entitled to elect, at Tenant’s expense (or Landlord, if Landlord reasonably determines that Tenant is using in excess of six (6) ▇▇▇▇▇ per usable square foot of the Premises, shall be entitled to elect, at Landlord’s expense), to have Landlord furnish, install and maintain at any time during the Term one or more electrical submeters to measure Tenant’s demand and consumption with respect to the electricity furnished by Landlord (such submeter(s) being herein called “Tenant’s Submeter”). In such event, Tenant, throughout the remainder of the Term following the installation of Tenant’s Submeter, shall pay Landlord, instead of the charge set forth in Section 4.2(a) above for such electricity as measured by Tenant’s Submeter at the rates set forth in, and otherwise pursuant to the provisions of, this Section 4.2(b). (ii) Tenant, for any billing period, shall pay Landlord an amount determined by applying (i) Tenant’s electrical demand (measured in KWs) and consumption (measured in KWHRs) for such period, as measured by Tenant’s Submeter, to (ii) the kilowatts rate schedule (inclusive of Excess Electrical Consumption during all taxes, surcharges and other charges payable thereunder or in connection therewith) of the period in question times utility company serving the Building (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical CostUtility Company), and (iii) which is charged to Landlord for such period. Tenant shall have pay the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter amount due for any billing period within thirty (30) days after receiving an invoice being billed therefor, which bills Landlord may render from Landlord, time to time (but no more frequently than monthly). Tenant shall also pay to Landlord any Excess Electrical Cost reflected by such Submeters and all an amount equal to the actual out-of-pocket costs reasonably incurred by Landlord to maintain, repair and read the Submeters. At a meter company or otherwise in respect of having Tenant’s option Submeter read and at Tenant’s sole costhaving bills prepared and delivered based upon such readings. (c) Landlord shall not be required to furnish, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case and Tenant shall pay not install a connected load (1) 100% of any separate submeter charges allocated to the Premises and any including all of Tenant’s equipment located outside and systems, but excluding the Premises Building Systems) or otherwise draw, in excess of six (6) ▇▇▇▇▇ per usable square foot of the Premises. (d) If any tax is imposed upon Landlord’s receipts from the sale or resale of electric energy to Tenant (directly or indirectly through a general tax on such receipts) by any federal, state or municipal authority, then Tenant shall pay, or reimburse Landlord, such taxes (or its share thereof) in addition to the charges for electricity payable pursuant to Section 4.2(a) or 4.2(b) above. (e) Tenant will at all times comply with all rules and regulations of the Utility Company, to the extent the same are applicable to its use of electric energy in the Premises. (2f) Tenant’s Share use of Electrical Expenses electric energy shall never exceed the capacity of the then existing feeders, risers or wiring installations serving the Premises. (g) Landlord shall not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if (i) the Common Areas supply of electric energy to the Premises is temporarily interrupted, or (ii) the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements, except to the extent resulting from the willful misconduct or negligence of Landlord or any Landlord Party. (h) Tenant, at its option, may request Landlord to furnish and install all replacement lighting, tubes, lamps, bulbs and ballasts required in the Premises; and in such event, Tenant shall pay to Landlord or its designated contractor within thirty (30) days after demand therefor the then established Building-wide charges therefor of Landlord or its designated contractor, as the case may be. (i) If permitted by applicable Legal Requirements, Landlord, at its expense, shall have the right at any time and from time to time during the Term to either contract for electric service and/or supply from a different Utility Company or Utility Companies (each herein called an “Alternate Service AreasProvider”) or continue to contract from the existing Utility Company and in either case subject to the provisions of this Section 4.2(b) but not at any additional cost to Tenant. Tenant shall cooperate with Landlord, any then-existing Utility Company and any Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Utility Company, and any Alternate Service Provider reasonable access (upon reasonable prior notice from Landlord) to the Building’s electric lines, feeders, risers, wiring and other electrical equipment, if any, located within the Premises. In so accessing the Premises, Landlord shall, and shall endeavor to cause any Alternate Service Provider to, use commercially reasonable efforts to minimize interference with Tenant’s business operations in the Premises.

Appears in 1 contract

Sources: Lease Agreement (Teltronics Inc)

Electricity. (a) Landlord Sublandlord shall furnish electrical power up make electricity available to 4.5 ▇the Premises at a level sufficient to accommodate a demand load of six (6) w▇▇▇▇ per rentable square foot demand load, at all times during the Termfoot, exclusive of the BuildingBuilding HVAC System, and Subtenant covenants that Subtenant’s use and consumption of electricity shall not at any time exceed such amount, nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises. Subtenant shall, upon notice from Sublandlord, promptly cease the use of any of Subtenant’s electrical equipment which Sublandlord’s electrical engineer reasonably determines, causes Subtenant to exceed such capacity. Electrical consumption for the Premises, the Building HVAC system and “house” loads. Tenant shall have System serving the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipmentfloor, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment common areas of the floor shall be determined by meter(s) installed by Sublandlord at Sublandlord’s expense and Subtenant shall pay to be installed in the Premises pursuant to the Tenant’s Improvements (Sublandlord, as defined in the Work Letter). Any additional electrical power required above rent, as follows: (i) an average the actual cost of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, metered electricity supplied to the Premises; (ii) by any single piece Subtenant’s pro rata share of equipment that the actual cost of metered electricity supplied to the Building HVAC System serving the floor upon which the Premises is not standard office equipment, or located (based upon the ratio of the rentable square footage of the Premises to the rentable square footage of the entire floor upon which the Premises is located); (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at TenantSubtenant’s expense. The pro rata share of the actual cost of such electrical usage as measured by such Submeters metered electricity supplied to the common areas of the floor upon which the Premises is located (based upon the ratio of the rentable square footage of the Premises to the rentable square footage of the entire floor upon which the Premises is located); and (iv) three percent (3%) of the total of the charges set forth in (i) – (iii) above (the Excess Electrical CostElectricity Charge). The cost of electricity provided to Premises, the Building HVAC System serving the floor, and the common areas of the floor means an amount equal to the Actual Rate (as hereinafter defined) shall be paid multiplied by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage number of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey kilowatt-hours of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible electricity used for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption foregoing purposes during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during which such period (such product payment is herein called the “Excess Electrical Cost”), and (iii) Landlord being made. Subtenant’s payments shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter be made within thirty (30) days after receiving an invoice from Landlordreceipt of a statement setting forth the number of kilowatt-hours used the foregoing purposes during such period, pay the Actual Rate, and the computation of Subtenant’s payment. For purposes hereof, the term “Actual Rate” shall mean the actual cost to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay Sublandlord of supplying one (1) 100% kilowatt-hour of any separate submeter charges allocated electricity to the Premises Building, and any such rate shall be determined by dividing (A) the total amount of Tenantthe electric bill for the Building for the period(s) covered by Subtenant’s equipment located outside payment by (B) the number of kilowatt-hours of electricity supplied to the Building during such period. Subtenant shall also pay to Sublandlord Subtenant’s share (based upon the ratio of the rentable square footage of the Premises to the rentable square footage of the entire floor) of the cost to maintain and (2repair the meter(s) Tenant’s Share of Electrical Expenses for serving the Common Areas and Service Areasfloor.

Appears in 1 contract

Sources: Sublease (SELLAS Life Sciences Group, Inc.)

Electricity. (a) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, at all times during the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies15.01. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing electric energy code. Additionally, Landlord that Tenant shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed require in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Demised Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rentadditional rent, the product costs and charges for all electric energy furnished to Tenant at the Demised Premises, other than the electric energy costs and charges for the use and operation of the HVAC system (Aand all its component parts) which costs shall be included as Operating Expenses under Article 5. Additional rent for such electric energy shall be calculated and payable in the kilowatts manner hereinafter set forth. 15.02. As part of Excess Electrical Consumption during Landlord's Work described in Exhibit C, Landlord, at Tenant's sole cost and expense, shall install an electrical meter or sub-meter which shall measure Tenant's electrical use (other than the period in question times (B) electric energy costs and charges for the use and operation of the base Building HVAC system and all of its component parts). Tenant shall pay the cost per kilowatt of electricity charged such use to Landlord as additional rent, based upon the actual electrical energy usage as measured by the sub-meter, as if Tenant was a direct independent customer of the utility company. 15.03. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric energy furnished to the Demised Premises by reason of any requirement, act, or omission of the public utility serving the Building with electricity or for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”)any other reason. Landlord shall furnish and install all replacement lighting tubes, lamps, bulbs, and (iii) ballasts required in the Demised Premises at Tenant's expense at a commercially reasonable cost. 15.04. Tenant's use of electric 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. Landlord represents that the electrical capacity of the Demised Premises is sufficient to satisfy the needs of Tenant for any commercially reasonable use based upon the improvements contemplated in Exhibit C. Landlord further states that the Landlord shall have provide electricity service to the right to installmain distribution electric ▇▇▇▇ service in the closet located in the Demised Premises capable of providing seven (7) ▇▇▇▇▇ (electric demand load, at exclusive of HVAC) per rentable square feet as a basic building service. Tenant’s expense, permanent Submeters to measure 's use of such electricity service (other than the electrical consumption within electric energy costs and charges for the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters use and operation of the base Building HVAC system and all costs incurred by Landlord to maintainof its component parts) shall be separately metered, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors as provided in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service AreasSection 15.

Appears in 1 contract

Sources: Lease Agreement (Pxre Group LTD)

Electricity. 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 (a6) Landlord shall furnish electrical power up to 4.5 ▇▇▇▇▇ actual demand load per gross square foot demand load(based on the floor of the Subleased Premises containing 26,000 gross square feet). Subtenant shall 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 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 without Main Landlord’s and Sublandlord’s prior written approval. Main Landlord, 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 times during reasonable out-of-pocket costs and 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 Subtenant for any loss, damage or expense which Subtenant may sustain or incur by reason of any change, failure, inadequacy or defect in the Term, exclusive supply or character of the Buildingelectrical energy furnished to the Subleased Premises or if the quantity or character of the electrical energy is no longer available or suitable for Subtenant’s HVAC system requirements. Subtenant hereby acknowledges that under the Main Lease, and “house” loads. Tenant without liability to Subtenant for any loss, damage or 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 allocate and distribute such aggregate capacity throughout Sublandlord (except that in the Premises as it so desires. Landlord event of an emergency, in which event no prior notice shall use commercially reasonable efforts be required) to furnish such “shut down” electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish energy to the Subleased Premises electrical power when necessitated by the need for Tenant’s lighting in compliance repairs, alterations, connections or reconnections, with the governing energy code. Additionally, Landlord shall furnish 120 volt power respect to the Premises electrical system serving the Building, the Unit and/or the Common Elements (singularly or collectively, “Electrical Work”), regardless of whether the need for electrical outlets to operate Tenant’s standard office equipment and such Electrical Work arises in respect of the equipment to be installed Subleased Premises, any other tenant space, or any space in the Premises pursuant to Building, the TenantUnit, the Common Elements and/or the Building common areas. Subtenant may, at Subtenant’s Improvements (as defined option, furnish and install all replacement lighting, tubes, lamps, starters, bulbs and ballasts required in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Subleased Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at LandlordSubtenant’s sole cost and expense using Subtenant’s employees (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within but not any outside contractor) provided such lighting complies with the Premises Design Guidelines under the Main Lease (a copy of which is attached hereto as Exhibit Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical CostJ”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areas.

Appears in 1 contract

Sources: Sublease (Datadog, Inc.)

Electricity. 4.01 Tenant shall pay as its electricity charge hereunder the sum of $16,269.50 per annum (athe “Base Charge”) Landlord which shall furnish be payable in equal monthly installments of $1,355.79 together with the Tenant’s payments of fixed annual rent hereunder on the first day of each calendar month. In the event Landlord’s consultant shall determine that Tenant’s electricity charge should exceed the Base Charge, Tenant’s Base Charge shall be adjusted retroactively at such time as Landlord’s electrical power up to 4.5 ▇▇▇▇▇ per square foot demand load, consultant’s determination is made. 4.02 Tenant’s use of electric current in the Demised Premises shall not at all times during any time exceed the Term, exclusive capacity of any of the Buildingelectrical conductors and equipment in or otherwise serving the Demised Premises. 4.03 Intentionally deleted prior to execution. 4.04 In the event Landlord’s HVAC system consultant shall determine that Tenant’s electricity charge should exceed the Base Charge, Tenant’s Base Charge shall be adjusted by providing Tenant at least 30 days prior written notice of such adjustment and “house” loadsthe reasoning for such adjustment. Tenant shall permit Landlord’s electrical consultant to make surveys in the Demised Premises from time to time during normal business hours regarding the electrical equipment and fixtures and the use of electric current therein. 4.05 Any determination made by Landlord’s electrical consultant pursuant to or in connection with this Lease shall be binding and conclusive on Landlord and on Tenant unless Tenant disputes such determination as hereinafter provided. Tenant shall have the right to allocate and distribute such aggregate capacity throughout give a notice (the Premises as “Dispute Notice”) to Landlord, within fifteen (15) days after the date it so desires. Landlord shall use commercially reasonable efforts to furnish such is notified of any determination by Landlord’s electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipmentconsultant, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above that (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess Tenant has engaged its own electrical consumption consultant (“Excess Electrical ConsumptionTenant’s electrical consultant”) and will be separately measured by Submeters (“Submeters”) at to verify the determination of Landlord’s electrical consultant. If Tenant’s expense. The actual electrical consultant and Landlord’s electrical consultant cannot agree within five (5) days after the Dispute Notice, if any, is given on what an appropriate resolution of their dispute should be, then either party, upon notice to the other, may submit the issue to arbitration in accordance with the provisions of Article 34 of this Lease, the reasonable cost of any such arbitration (but not the fees and expenses of Landlord’s attorneys) to be borne solely by Tenant in the event such dispute relates to a determination with respect to electricity provided to a portion of the Building other than the Demised Premises. While such dispute is being resolved, Tenant shall pay such charges and payments as would be due hereunder if Landlord’s electrical usage as measured consultant’s determination were correct without prejudice to Tenant’s position. In the event it is finally determined that there has been an overpayment by Tenant, such Submeters (“Excess Electrical Cost”, as hereinafter defined) overpayment shall be paid by Tenant. Landlord agrees that credited against future rent payments due from Tenant may operate dedicated data/server rooms within under the Premises Lease and that all electrical usage in the event of an underpayment, the amount of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured underpayment by such Submeters Tenant shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three to Landlord within ten (b10) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premisesdays after such determination is made. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% full amount of any separate submeter charges allocated overpayment cannot be credited against future rents for any reason, to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areasextent such overpayment is not credited, landlord will pay Tenant directly.

Appears in 1 contract

Sources: Lease Agreement (Dipexium Pharmaceuticals, Inc.)

Electricity. (a) Landlord Landlord, at Landlord’s expense, subject to the provisions of this Article 9, shall furnish alternating current electrical power up energy to 4.5 Tenant (i) for use in the Existing Premises at the levels provided under the Existing Leases, and (ii) for use in the New Premises at a level of not less than 1200 amperes, 480 volts, 3-phase, 4-wire, dedicated to Tenant. Tenant shall pay Landlord a one-time fee for the installation of such electrical capacity of $125.00 per ampere for each ampere provided to the New Premises above an amount equal to twelve (12) ▇▇▇▇▇ per square foot demand loadRentable Square Foot of space in the New Premises. Tenant covenants that Tenant’s use and consumption of electric current in the Premises shall not at any lime exceed the foregoing amount, nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises. Tenant shall pay Landlord, as Additional Rent, at all times during any time and from time to time, but no more frequently than monthly, for its consumption of electrical energy at the TermPremises, exclusive as provided herein. (b) In the event that Tenant’s total power requirements at the New Premises, based on an annual review of Tenant’s consumption following the second (2nd) anniversary of the Building’s HVAC system and Commencement Date, shall be less than the 1200 ampere, 480 volt service described above, Tenant shall pay to Landlord an annual sum equal to the fee, if any, which Landlord is obligated to pay to the Electricity Provider (as hereinafter defined), commonly known as a houseuse it or lose itloadsfee, for the availability of such capacity, presently payable by Landlord to the Electricity Provider at the rate of $[*] per unused ampere per annum. Further, if as of the third (3rd) anniversary of the Commencement Date, Tenant shall continue to require less than the 1200 ampere, 480 volt service described above in the New Premises, then Landlord shall have the right to allocate and distribute such aggregate capacity throughout reduce the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical level of electric power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish supplied to the New Premises electrical power for to Tenant’s lighting in compliance with actual power requirements. (c) The calculations and determinations of the governing charges for electric energy code. Additionally, Landlord consumed by Tenant shall furnish 120 volt power to be based on the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment readings of one or more submeters to be installed in the Premises pursuant to the by Landlord at Tenant’s Improvements (sole expense, applied to Landlord’s Electricity Cost, as defined in the Work LetterSection 9.2(d). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage Tenant shall pay for electricity consumed as determined thereunder as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, calculated from time to time at by such submeter or submeters, such payment to be equal to the amount Tenant would pay for such consumption of electricity if it purchased that amount of electricity from the public utility servicing the Building under the rate structure and/or classification as set forth in this Section 9.2(c) pursuant to which Landlord would purchase that quantity of electricity for the entire Building, plus Landlord’s sole cost charge for overhead and supervision, which charge shall not exceed five percent (except as stated below)5%) of such payment by Tenant. In addition, engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product Additional Rent (Ai) the kilowatts fees and expenses of Excess Electrical Consumption during Landlord’s electrical contractor for services rendered by such contractor in the period in question times (B) the cost per kilowatt maintenance and repair of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”submeter(s), and (iiiif) Landlord shall have the right amount of any taxes imposed by any Governmental Authority on Landlord’s receipts from the sale of electricity to install, at Tenant. In the event that more than one submeter is used to measure Tenant’s expense, permanent Submeters to measure the electrical consumption within of electricity in the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shallshall be billed only on the basis of the “totalized” demand, from time to time thereafter within thirty (30) days after receiving an invoice from Landlordi.e., pay to Landlord any Excess Electrical Cost reflected by as though a single meter were measuring such Submeters and all costs incurred by Landlord to maintain, repair and read the Submetersusage. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service Areas* CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

Appears in 1 contract

Sources: Lease Agreement (Switch & Data, Inc.)

Electricity. (a1) Landlord shall furnish electrical power up Subject to 4.5 the provisions of this Section 11(A), Sublandlord agrees to furnish, or cause the Overlandlord to furnish, Subtenant with all electric current (including at least 6 ▇▇▇▇▇ per rentable square foot, exclusive of HVAC) and such other utilities and building operating services as reasonably required by Subtenant in connection with the permitted use and occupancy of the Subleased Premises. There shall be a charge to Subtenant for such electric current which shall be Three dollars ($3.00) per rentable square foot demand loadper annum for the Term (based upon 10,690 rentable square feet), which amount is presently included in the Fixed Rent; provided that Sublandlord reserves the right, at its option, to change the manner in which electricity is charged to Subtenant, (x) by survey, in which case Subtenant shall pay an amount equal to its share of the total electrical charges for the Subleased Premises as determined by such survey, or, (y) by submeter so long as Sublandlord shall pay the cost to install such submeter, and Sublandlord shall charge Subtenant the same rate that Sublandlord pays without a markup; provided, however, if, solely as a result of any alteration or addition to Subtenant’s electrical equipment and/or appliances in the Subleased Premises, the cost of furnishing electric service to the Subleased Premises shall be increased, Subtenant shall be required to pay for such increased cost (and notwithstanding the foregoing, Subtenant shall pay the reasonable cost of installation of such submeter), upon a presentation of reasonable proof of such material increase to Subtenant. If Sublandlord shall elect to charge Subtenant by means of survey (conducted by an electrical engineer calculating relative usage and demand compared to that of a typical professional office tenant) or submeter as contemplated in the preceding sentence, then the Fixed Rent shall be reduced by an amount equal to Three dollars ($3.00) per square foot per annum (based upon 10,690 rentable square feet). (2) At all times during the Termterm of this Sublease, exclusive Subtenant will comply in the Subleased Premises with all present and future rules, regulations, terms and conditions applicable to service equipment, wiring and requirements in accordance with the regulations of the public utility company supplying electric current to the Building. Subtenant shall not use any electrical equipment, which, in the reasonable discretion of Sublandlord or the discretion of the Overlandlord, will overload such installations or interfere with the use thereof by the other occupants of the Building’s HVAC system . Subtenant covenants and “house” loads. Tenant agrees that at all times its use of electric current shall have never exceed the right to allocate and distribute such aggregate capacity throughout of the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish then existing feeders to the Subleased Premises or the risers or wiring installation, nor shall Subtenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and machines in the Building would result in an overload of the electrical power for Tenant’s lighting in compliance with circuits servicing the governing energy codeBuilding. Additionally, Landlord Nothing herein shall furnish 120 volt power be deemed an assurance of the continued availability from the public utility company supplying electric current to the Building of sufficient current to the Subleased Premises or that the quantity or type of current is now or shall hereafter be adequate for electrical outlets Subtenant’s needs. Sublandlord shall in no way be liable or responsible to operate TenantSubtenant for any loss or damage or expense which Subtenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable for Subtenant’s standard office equipment requirements, except if due to the uninsurable acts or omissions of Sublandlord, it’s employees, agents, representatives or contractors. Subtenant shall furnish, install and the equipment to be installed replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per square foot of Premises Rentable area Subleased Premises, at rated capacity, (ii) by any single piece of equipment that is not standard office equipment, or (iii) 120 volts will be considered excess electrical consumption (“Excess Electrical Consumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three (b) Landlord may, from time to time at LandlordSubtenant’s sole cost and expense (except as stated belowor upon request by Subtenant, Sublandlord will furnish, install and replace same at Subtenant’s cost). All lighting tubes, lamps, bulbs and ballasts so installed shall become Sublandlord’s property upon the expiration or sooner termination of this Sublease. (3) If any taxes or charges are or shall be imposed upon Sublandlord or its agent in connection with the sale or resale of electrical energy to Subtenant pursuant to this Section 11(A), engage Subtenant covenants and agrees that, where permitted by law, such taxes or charges allocable to the Subleased Premises shall be passed on to Subtenant and paid by Subtenant to Sublandlord or its agent upon demand, as Additional Rent, without set-off or deduction. Sublandlord shall deliver a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor copy of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord relevant tax ▇▇▇▇ upon written request by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), and (iii) Landlord shall have the right to install, at Tenant’s expense, permanent Submeters to measure the electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall, from time to time thereafter within thirty (30) days after receiving an invoice from Landlord, pay to Landlord any Excess Electrical Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to the Premises and any of Tenant’s equipment located outside the Premises and (2) Tenant’s Share of Electrical Expenses for the Common Areas and Service AreasSubtenant.

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Sources: Sublease (Patients & Physicians, Inc.)