Electricity. Landlord shall provide adequate electrical wiring and facilities for connection to Tenant’s lighting and Tenant’s incidental use equipment, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 2 contracts
Sources: Office Lease (Dropbox, Inc.), Office Lease (Dropbox, Inc.)
Electricity. The cost of electricity supplied to the Premises shall be separately submetered by Landlord (or Landlord shall provide adequate electrical wiring and facilities for connection cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s lighting and cost. Tenant shall pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s incidental use equipmentreceipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) or any ▇▇▇▇▇ per rentable square foot -up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Premises. Notwithstanding Building, as reasonably determined by Master Landlord to the foregoingextent permitted under the Master Lease, during Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Construction Period Premises and/or Supplemental Areas (iand Supplemental Equipment) Tenant directly with the applicable utility (“Provider”) and may not utilizeobtain such additional electric supply from such Provider, and may not request Landlord’s consent to utilize, install supplemental electrical equipment or lighting exceeding in the Premises and/or Supplemental Areas for such connected load, and purposes (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Periodany such additional electrical supply, Landlord’s consent to Tenant’s use of electrical arrangements and/or equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade with respect to the Building Systems to provide for such increased electrical load, Supplemental Areas and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, which electrical usage Supplemental Equipment shall be subject to Applicable Laws, including Title 24and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). 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 at no cost to Landlord at all times and abide by all regulations and requirements that (or Master Landlord may reasonably prescribe for under the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Master Lease), shall cooperate (and (iiicause Master Landlord to cooperate) the Common Areas with Tenant and Building SystemsProvider reasonably and in good faith in this regard. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. Tenant shall have no obligation agrees to pay all bills from Provider 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 and Bridge Structures Electricity) 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 costssuch direct electrical service when due.
Appears in 2 contracts
Sources: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall provide adequate electrical wiring and facilities furnish or cause to be furnished electric current to the Premises for connection to Tenant’s lighting and Tenant’s incidental use equipment, provided that in accordance with the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical loadDesign Standards; provided, however, that after if it is determined by the Construction Period, Landlord’s consent to use of a Meter (defined below) that Tenant’s use electrical usage exceeds an average of electrical equipment or lighting requiring a greater connected 5.0 ▇▇▇▇▇ demand load will not be unreasonably withheld if per usable square foot of the 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 (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant agrees in writing an amount equal to bear the cost of (a) any necessary upgrade ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to the Building Systems to provide for such increased electrical loadinstall, and (b) any reasonably necessary additional heatingat Landlord’s cost, ventilating and air conditioning supplied to an electric current meter, sub-meter or check meter in the Premises as (a result “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, from time to time, but no more frequently than monthly, for its Excess Electrical Usage at the 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 increased electrical loadMeter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, which electrical usage shall be subject to Applicable Laws, including Title 24cost thereof included in Operating Expenses. Tenant shall bear the cost of replacement of lamps, starters and ballasts for any 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 2 contracts
Sources: Lease Agreement (Andersen Group Inc.), Lease Agreement (Andersen Group Inc.)
Electricity. Landlord shall provide adequate electrical wiring and facilities for connection to Tenant’s Building standard ceiling mounted lighting fixtures and Tenant’s incidental use equipment, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) i.e., 5 ▇▇▇▇▇ of connected load per rentable usable square foot, provided that Tenant’s consumption of electricity does not exceed 2.4 ▇▇▇▇▇/hour per usable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperesper month, which electrical usage shall be subject to Applicable LawsLaws and regulations, including Title 24. Tenant will design Tenant’s electrical 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. Engineering plans shall include a calculation of Tenant’s fully connected electrical design load with and without demand factors and shall indicate the number of ▇▇▇▇▇ of unmetered and submetered loads. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall pay to Landlord the actual cost (without ▇▇▇▇-up) of all electricity services provided to and/or consumed in the Premises (including normal and excess consumption and including the cost of electricity to operate the HVAC air handlers), pursuant to submeters. Tenant shall pay the cost of such electricity within thirty (30) days after demand accompanied by a documented invoice therefor 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, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 2 contracts
Sources: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)
Electricity. Landlord (a) Tenant agrees to pay to Landlord, as Additional Rent, the cost of all tenant electric energy it consumes, it being understood that for this purpose the charge to Tenant shall provide adequate be Tenant's proportionate share of the cost of electric energy for the entire building of which the Leased Premises are a part (which will vary with the percentage of occupancy of said entire building). In the event that Tenant installs any computer equipment or other high electrical wiring and facilities for connection to Tenant’s lighting and Tenant’s incidental use usage equipment, provided that Landlord reserves the combined right to place an electrical load meter on said equipment as well as any other equipment used in conjunction therewith at Tenant's sole cost and expense. The charges for electrical energy consumed by such equipment shall be paid by Tenant in addition to all other sums due under this agreement, the cost thereof to be at the established rate charged by the utility company supplying electrical service to the Leased Premises. Said payments shall be made within ten (10) days of Tenant’s incidental use equipment and the connected electrical load presentment of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇the ▇▇▇▇ per rentable square foot therefor which shall be monthly.
(b) Tenant's use of electric energy in the leased Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Leased Premises. Notwithstanding In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the foregoingbuilding electric service, during the Construction Period Tenant shall not, without Landlord's prior written consent in each instance (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant which shall not be responsible forunreasonably withheld), connect any upgrade additional fixtures, appliances or equipment to the Building Systems to accommodate building electric distribution system or make any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment alteration or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade addition to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection electric system of the Building electrical systems. All electricity usage at Leased Premises existing on the Project shall be monitored using separate submeters (date of the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 commencement of this Lease). Should Landlord grant such consent, and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 all additional risers or other equipment required therefor shall be responsible to pay directly, provided by Landlord 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 and Bridge Structures Electricity) thereof shall be included in Operating Expenses. paid by Tenant may audit upon 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's demand.
Appears in 2 contracts
Sources: Lease Renewal Agreement (Boron Lepore & Associates Inc), Lease Renewal Agreement (Boron Lepore & Associates 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, at Tenant's reasonable expense, shall furnish, install and maintain one or more electrical submeters to measure Tenant's demand and consumption with respect to the electricity furnished by Landlord for lighting, electrical power and HVAC (as defined in Section 4.4.1) (such submeter(s) being herein called "TENANT'S SUBMETER"). Tenant, throughout the Term, shall pay Landlord for such electricity as measured by Tenant's Submeter at the rates set forth in, and otherwise pursuant to the provisions of, Section 4.2(b) below.
(b) 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 rate schedule (inclusive of all taxes, surcharges and other charges payable thereunder or in connection therewith) of the utility company serving, the Building (herein called the "UTILITY COMPANY") which would then be applicable to Tenant if it purchased electricity directly from the Utility Company for such period. Tenant shall pay the amount due for any billing period within fifteen (15) days after being billed therefor, which bills Landlord may render from time to time (but no more frequently than monthly). Tenant shall also pay to Landlord an amount equal to the actual costs incurred by Landlord to a meter company or otherwise in respect of having Tenant's Submeter read and having bills prepared and delivered based upon such readings.
(c) Landlord shall provide adequate electrical wiring not be required to furnish, and facilities for connection to Tenant’s lighting and Tenant’s incidental use equipment, provided that the combined electrical Tenant shall not install a connected load (including all of Tenant’s incidental use 's equipment and systems, but excluding the connected electrical load of Tenant’s lighting fixtures does not exceed an average Building Systems and HVAC) or otherwise draw, in excess of six and one-half (6 1⁄26) ▇▇▇▇▇ per rentable usable square foot of Premises.
(d) If any tax is imposed upon Landlord's receipts from the Premises. Notwithstanding 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 foregoing, during the Construction Period submetered charges.
(ie) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 comply with all rules and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at Utility Company, to the Project extent the same are applicable to its use of electric energy in the Premises.
(f) Tenant's use of 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 monitored using separate submeters (the “Submetering Equipment”) installed by Landlord liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if (i) the Retail Spacesupply of electric energy to the Premises is temporarily interrupted, or (ii) the Premises (not including the “Building Systems”quantity or character of electric service is changed or is no longer available or suitable for Tenant's requirements, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 resulting from Landlord's willful misconduct or gross negligence.
(h) Landlord, at its option, shall furnish and install all replacement lighting, tubes, lamps, bulbs and ballasts required in the Extra HVAC Costs Premises; and Bridge Structures Electricity) in such event, Tenant shall pay to Landlord or its designated contractor upon demand the then established reasonable charges therefor of Landlord or its designated contractor, as the case may be, which shall be included in Operating Expenses. Tenant may audit Landlord’s readings of at the Submetering Equipment and Landlord shall deliver reasonably detailed invoices to Tenant reflecting Landlord’s reading of the Submetering Equipment and resulting electricity coststhen market rates therefor.
Appears in 1 contract
Sources: Lease (Ion Networks Inc)
Electricity. SECTION 1. As an incident to this Lease, after the Commencement Date, Landlord shall provide adequate electrical wiring and facilities for furnish to Tenant electric current at the Electric Energy Charge to be used by Tenant in, or in connection to Tenant’s with, the lighting fixtures and Tenant’s incidental use 's ordinary office equipment to be installed in the Demised Premises, exclusive of such instrumentalities for electricity and/or HVAC so located in the Operations Center and After Hours HVAC so located in the Executive Center which are to be separately submetered as further referenced in Section 5 of this Article 5 and Section 1 of Article 7 hereof. The term "ordinary office equipment" as used throughout this Article shall include, but shall not be limited to, computers (provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures same does not exceed constitute a mainframe operation), computer printers, facsimile machines and copiers. The Electric Energy Charge does not include heating, ventilating, and air-conditioning furnished to the Demised Premises through the Building's heating, ventilating, and air conditioning system(s) during Standard Business Hours, which is an average operating expense of six Landlord. The Electric Energy Charge shall be deemed additional rent and, in the event of any non-payment thereof, Landlord shall have all rights and oneremedies provided for herein or by law for non-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot payment of rent. Tenant shall pay Landlord the Premises. Notwithstanding Electric Energy Charge in equal monthly installments of $19,295.16, or such greater amount if Tenant opts to lease additional space pursuant to Article 34 hereof, simultaneously with the foregoingpayment of Base Rent under this Lease, during the Construction Period provided, however, that: (i) Tenant may not utilizeshall pay Landlord $19,295.16 on the first day of each month prior to the commencement of the first Rent Year (except that if the Commencement Date is other than on the first day of a calendar month, and may not request Landlord’s consent the first monthly installment, prorated to utilizethe end of said calendar month, electrical equipment or lighting exceeding such connected load, and shall be payable on the Commencement Date); (ii) Tenant may not request that shall pay Landlord makethe Electric Energy Charge in monthly installments of $19,295.16, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any or such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld amount if Tenant agrees in writing opts to bear lease additional space pursuant to Article 34 hereof, on the cost first day of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection each of the Building electrical systems. All electricity usage at four months during the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, third Rent Year where there is a Base Rent abatement as that term is defined provided in Section 2 of Article 7 3 and Section 2 of Article 42 of this Lease), ; and (iii) until the Common Areas date Landlord tenders the First Floor Demised Premises to Tenant, Tenant shall pay Landlord the Electric Energy Charge in monthly installments of $18,170.16, calculated by reducing the number of square feet attributable to the First Floor Demised Premises, deemed to be 7,200 square feet (except that if the Commencement Date is other than on the first day of a calendar month, the first monthly installment, prorated to the end of said calendar month, shall be payable on the Commencement Date). Upon the first day of the month following completion of all Tenant's Work pertaining to the Operations Center, under Article 2, as well as completion of all submetering of the Operations Center, under Article 5, Section 5, the amount of square footage used for calculating the monthly installments of the Electric Energy Charge under this Section 1 shall be reduced by the amount of square footage of the Operations Center. However, at any time and Building Systems. from time to time during the Lease Term, provided it is then permissible under the provisions of law and requirements of all applicable authorities, Landlord shall have the option to have electricity supplied to the Demised Premises in accordance with either Section 5 or 6, in which event Tenant at Tenant’s sole cost and expense shall pay for electricity as provided in accordance with either Section 5 or 6 in lieu of paying the costs Electric Energy Charge. Landlord may require specific parts of installing the Submetering Equipment for Demised Premises or items in the Premises. Demised Premises including, but not limited to extraordinary office equipment and separate HVAC systems to be submetered in which case, Tenant shall have no pay the submeter charge for such item or items in accordance with Section 5 in addition to its 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 and Bridge Structures Electricity) 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 costsElectric Energy Charge.
Appears in 1 contract
Sources: Lease Agreement (Atlas Air Inc)
Electricity. Landlord shall agrees that it shall, subject to the other ----------- provisions in this Lease, at its expense, provide adequate electrical wiring and facilities for connection a total of at least 225 KVA. or such greater amount as is currently available to Tenant’s lighting and Tenant’s incidental use equipment, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot third floor of the Premises. Notwithstanding the foregoing, during the Construction Period Building of uninterruptible power supply (i"UPS") Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied generator-protected power to the Premises as a result of such increased electrical loadduring the Lease Term. Landlord shall, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperesits expense, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection provide maintenance of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 UPS and generator equipment to manufacturer recommended specifications and provide copies of this Lease), and (iii) the Common Areas and Building Systems. maintenance reports to Tenant at upon Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises's request. Tenant shall have no obligation the right to pay for any costs of electricity (including as part of Operating Expenses) shown on install monitoring devices at the Submetering Equipment described in item (i) above. Tenant shall be responsible to pay directlyUPS and generator equipment, and to inspect the same and related equipment from time to time, in order to assure that they are functioning properly. Landlord shall not as a part of Operating Expenses, charge Additional Rent to Tenant 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 (foregoing services except to the extent included in the Extra HVAC Costs and Bridge Structures Electricity) shall be generally included in Operating Expenses. Tenant may audit Landlord’s readings Expenses for all tenants of the Submetering Equipment Building If at any time Landlord fails to maintain such equipment as provided in this paragraph, Tenant, upon twenty-four (24) hours' prior notice to Landlord (unless immediate action is necessary to assure uninterrupted performance of such equipment. in which case no notice shall be required) may perform such maintenance, and Landlord Landlord, within ten (10) days after receipt of an invoice from Tenant therefor, shall deliver reasonably detailed invoices reimburse Tenant the cost of such maintenance. Notwithstanding any contrary provision of Section 14.2 or any other provision of this Lease, Tenant shall pay for all electricity used in the Premises (including, but not limited to, all electricity used in connection with the operation of HVAC equipment installed by Tenant in the Premises) directly to the governmental agency or utility company supplying the electricity and Tenant reflecting shall make all arrangements for obtaining such electricity, including, but not limited to, the installation of a separate meter to measure electricity used in the Premises. Landlord’s reading , at its expense, shall cooperate with Tenant to arrange for the separate metering of the Submetering Equipment and resulting electricity costsPremises.
Appears in 1 contract
Sources: Lease Agreement (Inflow Inc)
Electricity. a. Landlord shall provide adequate supply electricity to the Premises in accordance with the electrical wiring and facilities for connection to Tenant’s lighting and Tenant’s incidental capacity set forth in Section 7.4(a) above. Tenant agrees in its use equipment, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may Premises not utilizeto exceed such capacity, and may not request Landlord’s consent to utilize, electrical equipment or further agrees that its total connected lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees exceed the maximum from time to time permitted under applicable governmental regulations. Except as set forth in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical loadExhibit C, Landlord shall purchase and (b) any reasonably necessary additional heatinginstall all lamps, ventilating and air conditioning supplied to the Premises as a result of such increased electrical loadtubes, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, which electrical usage shall be subject to Applicable Laws, including Title 24. Tenant shall bear the cost of replacement of lampsbulbs, starters and ballasts for non-Building standard all original fluorescent tubes within the Premises. All other bulbs, tubes and lighting fixtures within 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 as part of Operating ExpensesLandlord’s Work 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) in the Premises, will replace Building-standard lampsto be charged in accordance with Section 7.4.a above; provided, starters and ballasts)that Tenant shall not be charged a separate administrative fee with respect to the submetering. Tenant shall pay as additional rent all 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, Tenant shall pay as additional rent all reasonably cooperate with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for allocated charges attributable to the proper functioning and protection furnishing of electricity to the Premises.
c. In the computation of Operating Costs, only the cost of electricity supplied to those portions of the Building electrical systems. All electricity usage at other than those intended to be leased to tenants for their exclusive use and occupancy, or used by the Project Building for its own offices, i.e., only those areas which are so-called common areas, shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 costsincluded.
Appears in 1 contract
Sources: Lease Agreement (TechTarget Inc)
Electricity. Landlord shall provide adequate electrical wiring and facilities An amount equal to $1.00 per rentable square foot per annum has been included in the Minimum Rent to reimburse the Sublessor for the costs incurred in providing electricity to the Sublease Premises. In the event Sublessor incurs any additional costs in connection with providing electricity to Tenant’s lighting and Tenant’s incidental use equipment, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half Sublease Premises (6 1⁄2) in connection with any ▇▇▇▇▇▇▇▇ per to Sublessor by Computervision in accordance with paragraph 3 of Exhibit D to the Original Sublease, but specifically excluding any costs associated with any separately metered portions of the Main Premises or Original Sublease Premises not occupied or used by Sublessee, including but not limited to Sublessor’s data center and network operating center on the ground floor of the Main Premises), Sublessee shall pay to Sublessor promptly upon request a portion of such additional costs (the “Additional Electricity Payments”), where such portion is calculated by dividing the rentable square foot footage of the PremisesSublease Premises by the rentable square footage of the Original Sublease Premises (i.e. 17.6%). Notwithstanding Sublessor reserves the foregoingright to install a separate electricity meter for the Sublease Premises (which right derives solely from Computervision’s rights under Exhibit D to the Original Sublease), during and to the Construction Period extent the Sublease Premises are or become separately metered (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant Sublessee shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide pay for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All its actual electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Spaceseparately, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), Minimum Rent shall be reduced by $1.00 per rentable square foot per annum and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense Sublessee shall pay for the costs of installing the Submetering Equipment for the Premises. Tenant shall have no obligation not be required 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 and Bridge Structures Electricity) 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 costsmake Additional Electricity Payments.
Appears in 1 contract
Sources: Sub Sublease (Varolii CORP)
Electricity. Landlord shall provide adequate electrical wiring sufficient electricity to operate ----------- Tenant's business at the Premises as expressly shown in the Engineered Construction Documents (as such term is defined in the Tenant Improvement Agreement attached as Appendix C hereto) and facilities for connection to Tenant’s lighting and Tenant’s incidental use equipment, provided that as otherwise limited by the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical loadBuilding's capacity; provided, however, that after the Construction Periodcost, Landlord’s consent if any, of upgrading existing Building electrical systems to Tenant’s use accommodate the foregoing shall constitute a part of electrical equipment or lighting requiring a greater connected load will not and be unreasonably withheld if Tenant agrees included in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to Initial Improvements described in the Tenant Improvement Agreement attached as Appendix C hereto. If Tenant installs or operates in the Premises as a result of such increased any electrically operated equipment or other machinery which draws more current than normal office lighting and equipment and which exceeds the Building's electrical loadcapacity, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning install and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs cost of installing any transformers, additional risers, panel boards and other facilities if and to the Submetering Equipment for the Premisesextent required to furnish such additional electricity to Tenant. Tenant shall have no obligation to pay for any costs of electricity (including also reimburse Landlord, 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 ExpensesAdditional Rent upon billing thereof, for the cost of all electricity shown on electricity, heat or air conditioning provided to the Submetering Equipment Premises during hours other than those described in item (ii) Section 5A above, at the then prevailing rate therefor established by Landlord. 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 and Bridge Structures Electricity) Such additional rent shall be included in addition to Tenant's obligations pursuant to Section 2A(2) to pay its Proportionate Share of Operating ExpensesCosts. Tenant Landlord may audit Landlord’s readings from time to time establish reasonable measures to conserve energy, including, but not limited to, automatic switching of lights after hours and more efficient forms of lighting, so long as such measures do not unreasonably interfere with Tenant's use of the Submetering Equipment and Landlord shall deliver reasonably detailed invoices to Tenant reflecting Landlord’s reading of the Submetering Equipment and resulting electricity costsPremises.
Appears in 1 contract
Sources: Lease (Pinkertons Inc)
Electricity. Landlord shall provide adequate electrical wiring and facilities for The Hirer may request connection to Tenantthe Pump House Gallery’s lighting and Tenant’s incidental use equipmentelectrical supply. All electrical works carried out by the Hirer or his Agents, provided that shall be carried out by a competent person. All electrical installations shall comply with the combined electrical load of Tenant’s incidental use equipment Electricity at Work Regulations 1989 and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half Electrical Equipment (6 1⁄2Safety) ▇▇▇▇▇ per rentable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilizeRegulations 1994, and may not request Landlordbe inspected at any time by the OIC or the Park’s consent to utilizeElectrician. All cables, electrical equipment or lighting exceeding such connected loadconductors, plugs and sockets etc shall be of the correct type, compatibility, size, current carrying capacity, and (ii) Tenant may not request that Landlord makefulfil the legislative short circuit requirements. They shall also be properly insulated for the purpose for which they are intended. Any extension cables used shall be as short as possible and conform to BS EN 60309-2. The amperage of the appliance must be established before connection to an extension cable, and Tenant the combined amperage of the appliances connected to the extension cable, must never exceed the amperage at the outlet. All generators, circuit boards and potentially dangerous installations shall be positioned away from flammable materials and be securely protected so as to deny access to all except competent and qualified employees or Agents. All generators shall be silent running and properly maintained. The OIC reserves the right to shut down any generator in the interests of public safety or if the generator is causing unacceptable levels of noise or air pollution. Electrical cables shall be elevated to at least 4.5 metres above the ground using suitable cable poles. Note that tree branches, or lampposts, shall not be responsible forused to elevate cables. No electrical cables shall be dug into the ground. Electrical cables shall not be laid along the ground without the prior permission of the OIC. Cabling that is given permission to be surface laid shall be covered in such a way as not to constitute a tripping hazard. The covering shall also be suitable for the ground on which it is laid i.e. thin rubber matting is not suitable as a covering on a tarmac surface. All electrical cabling shall be removed on completion of the Event. LIQUEFIED PETROLEUM GAS (LPG) & FLAMMABLE MATERIALS The Hirer shall ensure that all flammable materials and other substances hazardous to health, any upgrade are controlled in accordance with the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The Hirer shall ensure that the storage and use of LPG complies with the LPG Association Code of Practice and the Dangerous Substances and Explosive Atmospheres 2002. All LPG cylinders and flammable material containers, full and empty, shall be stored in the open air, on firm level ground in a well ventilated position, and securely protected so as to deny access to all except competent and qualified employees or Agents. Appliances specifically designed for indoor use with cylinders located on or in the appliance may be used, but shall comply with manufacturers operating procedures. FIRST AID The Hirer shall ensure that he provides sufficient first aid cover for the number of people attending the Event. The Health & Safety Executive’s Event Safety Guide – HSG195 (Purple Guide) should be consulted for guidance as to the Building Systems level of cover required. SUN SAFETY The Council is committed to accommodate any such increased electrical load; provided, however, promoting the National Sun Safety campaign and requests that after the Construction Period, Landlord’s consent to Tenant’s use Hirer considers the general risks of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, sunshine and the electricity so furnished for incidental use equipment will be provision of shade at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, which electrical usage outdoor Events. BODY PIERCING OR TATOOING No body piercing or needle tattooing shall be subject permitted to Applicable Lawstake place at any Event. Striptease, including Title 24. Tenant shall bear the cost lap dancing or any similar type 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term entertainment is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 costsprohibited.
Appears in 1 contract
Sources: Hire Agreement
Electricity. Landlord shall provide adequate electrical wiring and facilities for connection to Tenant’s lighting and Tenant’s incidental use equipment, provided that the equipment as described in Schedule 2 to Exhibit B. Tenant shall not use combined electrical load of for Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average in excess of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot its pro rata share of the Premises. Notwithstanding capacity of the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperesfeeders, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systemsSystems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) which shall be (i) installed by Landlord or any tenant, for (i) other tenant space in the Retail SpaceProject, (ii) installed by Tenant for the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) installed by Landlord for the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures ElectricityCosts) 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
Electricity. Landlord shall provide adequate provide: (i) six and five-tenths (6.5) ▇▇▇▇▇ per usable square foot of the Premises of connected electrical wiring and facilities load for connection to Tenant’s lighting and Tenant’s incidental use equipment, provided that calculated on a monthly basis, and (ii) one and five-tenths (1.5) ▇▇▇▇▇ per usable square foot of the combined electrical load Premises of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot of the Premises. Notwithstanding the foregoingfixtures, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring calculated on a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperesmonthly basis, which electrical usage shall be subject to Applicable applicable Laws, including California Energy Code, Title 24. Notwithstanding any provision to the contrary contained in this Lease, Tenant shall pay directly to the utility company pursuant to the utility company’s separate meters (or to Landlord in the event Landlord provides submeters instead of the utility company’s meters), the cost of all electricity provided to and/or consumed in the Premises (including normal and excess consumption and including the cost of electricity to operate the HVAC air handlers), which electricity shall be separately metered (as described above or otherwise equitably allocated and directly charged by Landlord to Tenant). Tenant shall pay such cost (including the cost of such meters or submeters) within ten (10) days after demand and as Additional Rent under this Lease (and not as part of Operating Expenses). Landlord shall designate the electricity utility provider from time to time. Tenant shall bear the cost of replacement of lamps, starters and ballasts for non-Building standard lighting fixtures within the Premises (Landlord, as part Premises. Tenant’s use of Operating Expenses, will replace Building-standard lamps, starters and ballasts). Tenant electricity shall reasonably cooperate with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for never exceed the proper functioning and protection capacity of the Building electrical systems. All electricity usage at feeders to the Project shall be monitored using separate submeters (or the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 costsrisers or wiring installation.
Appears in 1 contract
Sources: Sublease Agreement (Snowflake Inc.)
Electricity. Electricity for the Premises shall not be furnished by Landlord but shall be furnished by the electric utility company or other provider serving the Building as determined by Landlord; provided, that at any time during the Term, Tenant shall have the right to select the entity that will provide electric current to the Premises. Landlord shall provide adequate electrical wiring permit Tenant and facilities the electric utility company or other provider to make use of the Building shafts and risers to bring electric current to the Premises. Tenant shall make all necessary arrangements with the electric utility company or other provider for connection metering and paying for electric current furnished to Tenant’s lighting , and Tenant shall pay such electric utility company or other provider for all charges for electric current consumed on the Premises during the Term of this Lease. There shall be no ▇▇▇▇ up by Landlord on said charges for electric current. Tenant’s incidental electric current use in the Premises shall not exceed the capacity of the Mechanical Systems serving the Premises, as the capacity of such Mechanical Systems may be upgraded from time to time. Tenant acknowledges that, as of the Execution Date, the electric current capacity in the Premises for Building Standard light fixtures and convenience outlets for the operation of customary quantities and types of office equipment, provided that the combined electrical is a connected load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not to exceed an average of six and one-half (6 1⁄2) 9 ▇▇▇▇▇ per rentable square foot USF of the PremisesPremises (“Maximum Connected Load”), and Tenant shall not use electric current in the Premises for such purposes at any time in an amount that exceeds the Maximum Connected Load. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade required to reduce its use of electric current below the amount set forth above if other tenants in the Building Systems to accommodate any such increased electrical load; provided, however, that require additional electric current. From and after the Construction PeriodTrading Termination Date, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 electric current measured by the electric meters described 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 and Bridge Structures Electricity) 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.Exhibit N.
Appears in 1 contract
Sources: Office Lease (Cme Group Inc.)
Electricity. Tenant shall continue to pay all charges for electricity consumed in the Existing Premises in accordance with the terms of the Lease. Landlord has installed and rendered operational check meters to measure electricity usage in the Eighth Amendment Additional Premises. Beginning on the Eighth Amendment Additional Premises Commencement Date and continuing through the expiration or earlier termination of the Term (as it may have been extended), Tenant shall provide adequate electrical wiring and facilities pay all charges for connection to electricity consumed in the Eighth Amendment Additional Premises based upon the check meter readings for the Eighth Amendment Additional Premises at the actual rates charged by the utility provider, without any markup by Landlord of such utility rates. For the avoidance of doubt: (i) if any check meter for measuring Tenant’s lighting electricity usage malfunctions or is otherwise not operating properly (other than due to a Landlord default), Landlord may charge Tenant for electricity consumed in the applicable portion of the Premises during the period of malfunction (plus a period of ten (10) days after being made aware of such malfunction) based on reasonable industry-standard methods to reasonably estimate use and Tenant’s incidental use equipment, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected loadpast usage, and (ii) Tenant at Landlord’s option and at Landlord’s sole expense, Landlord may install direct meters for measuring Tenant’s consumption of electricity in any area of the Premises which is not request that Landlord makedirectly metered, and and, in such event, Tenant shall not be responsible for, any upgrade thereafter pay all costs and expenses for such separately-metered electricity directly to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 costsutility provider.
Appears in 1 contract
Sources: Lease Agreement (Irobot Corp)
Electricity. Landlord (A) Lessor shall provide adequate electrical wiring and facilities furnish the Lessor's Standard Electric Service (as hereinafter defined) which Lessee shall require in the Demised Premises on a rent inclusion basis. That is, there shall be no charge to Lessee for connection to Tenant’s lighting and Tenant’s incidental use equipmentsuch Standard Electric Service by way of measuring the same on any meter or otherwise, provided that such Standard Electric Service being included in Lessor's services which are covered by the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot of the PremisesTerm Basic Rent reserved hereunder. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant Lessor shall not be responsible for, liable in any upgrade way to Lessee 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 Systems with electricity or for any other reason not attributable to accommodate Lessor. Lessee, however, shall furnish and install all replacement lighting tubes, lamps, bulbs and ballasts required in the Demised Premises.
(B) The Lessor's Standard Electric Service shall, unless otherwise provided by agreement in writing between the parties, provide the electrical current for usual office requirements, equipment and heating, ventilating and air-conditioning systems, all consistent with the requirements of Exhibit C attached hereto, from 8:00 a.m. to 6:00 p.m. on every day, Monday through Friday, and on Saturdays from 8:00 a.m. to 1:00 p.m., but excluding those holidays set forth on Exhibit E attached hereto. In no event shall Lessor's Standard Electric Service include electrical current for any computer room installation or for any requirements needing greater than a 15-amp line except as otherwise set forth on Exhibit C, and all electricity for any computer room or for any requirements needing greater than a 15-amp line except as otherwise set forth on Exhibit C shall be paid for by Lessee. All installations of electrical fixtures, appliances and equipment within the Demised Premises shall be subject to Lessor's prior written approval which approval shall not be unreasonably withheld or delayed. Lessee shall pay to Lessor in equal monthly installments, in advance, the reasonable cost of electrical services and energy in excess of the Standard referred to above, whether resulting from the installation of additional fixtures, appliances or equipment with or without Lessor's consent, or from use at times other than those set forth above.
(C) In the event that the utility company that furnishes electric energy to Lessor, for supply to the Lessee, declines to continue furnishing electric energy to Lessor for Lessor's Standard Electric Service as a result of a statewide change in the manner in which utility companies furnish electrical energy to commercial buildings, Lessor reserves the right to discontinue furnishing electric energy to Lessee at any time, upon reasonable notice to Lessee, and from and after the effective date of such increased electrical load; termination, Lessor shall no longer be obligated to furnish Lessee with electric energy, provided, however, that such termination date shall not occur until Lessee has made arrangements to obtain electric service directly from the public utility company servicing the Building and has actually received such service. If Lessor exercises such right of termination, this Lease shall remain unaffected thereby and shall continue in full force and effect; and thereafter Lessee shall diligently arrange to obtain electric service directly from the utility company servicing the Building, and may utilize the then existing electric feeders, risers and wiring serving the Demised Premises to the extent available and safely capable of being used for such purpose and only to the extent of Lessee's then authorized connected load. Lessor shall not be obligated to pay any part of any cost required for Lessee's direct electric service. Commencing with the date when Lessee receives such direct service, the Annual Basic Rent payable under this Lease shall be 12 reduced by (i) a sum equal to 10.76(%) percent through the day immediately preceding the 6,150 Commencement Date or (ii) by a sum equal to 12.67(%) percent from and after the Construction Period6,150 Commencement Date, Landlord’s consent to Tenant’s use as the case may be, of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the Lessor's total cost of (aelectricity for Lessor's Standard Electric Service, as that is reflected in the Base Utility and Energy Costs established pursuant to Subsection 23(B) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical loadthis Lease, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts Base Utility and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, which electrical usage Energy Period Costs shall be subject reduced by the amount by which the Annual Basic Rent payable pursuant to Applicable Lawsthis Lease is reduced. However, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) shall be included in Operating Expenses. Tenant may audit Landlord’s readings that some of the Submetering Equipment and Landlord Lessor's Standard Electric Service continues to be furnished by Lessor, then the reduction as provided for herein shall deliver reasonably detailed invoices only be adjusted accordingly to Tenant reflecting Landlord’s reading of the Submetering Equipment and resulting electricity costsreflect said fact.
Appears in 1 contract
Electricity. (a) Landlord shall, as the exclusive party authorized to contract with providers of electrical utility services for the Project, install separate metering to the Premises, for electrical usage, excluding HVAC, except as otherwise provided in Paragraph 3B herein. During the Lease Term, the Premises shall be separately metered for electrical power. The Tenant acknowledges that the Building's Standard mechanical and electrical systems are designed to accommodate standard loads generated by lights and office equipment. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises which will, in any way, increase the amount of the standard electricity load consumption of the Premises; nor connect with electric current except through existing electrical outlets in the Premises. If Tenant shall require electric current in excess of the standard for the use of the Premises as general office space, Tenant is hereby granted the option, at its sole cost and provided Tenant reimburses Landlord for any costs incurred, to contract with Florida Power & Light, to have installed in the electric room adjacent to the Tenant's Premises or such other reasonably designated situs in the Building (which space shall thereupon be exclusively utilized by Tenant and which shall be included in the Net Rentable Square Footage allocated to Tenant) a transformer or other instrumentality so as avail the Premises of 2,400 amps of 480 volt 3 Phase Electrical Service to the Premises, which use shall be exclusive to the Tenant from said source. For purposes of security, Landlord shall provide adequate Tenant, at its request, and at Tenant's cost, the exclusive use of the electrical wiring room where the electrical power for the Premises is located. Tenant shall be solely responsible at Tenant's cost for maintaining and facilities for connection repairing the electrical room utilized by it in accordance with reasonable standards prescribed by the Landlord. The parties shall attach hereto a certification reflecting the amperage available to the Premises.
(b) Tenant acknowledges that Tenant’s lighting and 's intended use of the Premises excludes material use of the Premises beyond Business Hours. Material use shall be deemed to mean the operation of an additional "shift", either full or part time, or use of the Premises after Business Hours in any way that may preclude or interfere with the providing of janitorial services to the Premises. In the event Tenant’s incidental 's use of the Premises requires more electrical power than set forth above, whether by intensity of use, load or type of equipment, provided that the combined electrical load of Tenant’s incidental Tenant may then be billed for such additional use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) such ▇▇▇▇▇▇▇▇ per rentable square foot will be billed to Tenant as Additional Rent. Landlord will utilize Landlord's customary method of billing Tenant for excess electrical power consumption. At Landlord's option, Landlord, at Tenant's expense, may have an engineer estimate Tenant's usage, and ▇▇▇▇ Tenant at standard utility rates for the excess usage or install a submeter for the purposes of ------------ BLUE LAKE STANDARD LEASE monitoring Tenant's excess power consumption. Landlord and Tenant agree that Landlord's implementation of the Premiseselectrical monitoring and billing procedures set forth herein shall in no way be construed so as to deem Landlord a private or public utility company.
(c) Subject to the limitations and restrictions herein contained, Tenant may install a generator for back-up electricity service together with ancillary and reasonably related equipment at or on an interior portion of the Building, to the extent practical, or an exterior location on the grounds of the Project. Notwithstanding The emplacement of a generator, whether within the foregoinginterior of the Building or upon the exterior of the Project, shall be within strict prescriptions and subject to the approval of the Landlord (which approval shall not be unreasonably withheld) and the City of Boca Raton or such other agencies having jurisdiction. The Tenant shall be responsible for all costs incurred by the Tenant, or the Landlord, in the administrative overseeing of the emplacement of the generator and licensing of the generator, fuel tanks and other components. Approval for the emplacement of the generator shall likewise be subject to the approval of the Landlord (which approval shall not be unreasonably withheld) and the City of Boca Raton, or other agencies having jurisdiction, for matters relating to the aesthetic screening of the generator, noise abatement and fuel tank placement, fuel storage and maintenance. Tenant shall be charged, as Additional Rent, any costs incurred by the Landlord if, at Landlord's option, Landlord shall elect to repair, or maintain the generator and fuel tanks in the absence of the Tenant's failure to repair and maintain the generator, fuel tanks and other ancillary equipment. The Tenant shall deliver to the Landlord an insurance policy naming the Landlord as loss/payee as to any claim or damages caused by the generator or fuel tanks, all of which insurance shall conform with the provisions of Paragraph 14 herein. The Tenant shall fully comply with the provisions of Paragraph 39 in complying with all Hazardous Substance laws relating, but not limited, to the placement and operation of the generator, fuel tanks, together with fuel handling and discharge. The installation of the generator shall be, at the election of the Landlord, accomplished by a contractor designated by the Landlord, the sole expense of which shall be borne by the Tenant who shall contract for same in conformance with the provisions of Article 26 of this Lease. The Tenant acknowledges advice of the Landlord that the Landlord may, during the Construction Period (i) term of the Lease, designate a centralized location for all generators serving tenants in the Building or the Project, or, alternatively, the Landlord may contract or cause the Tenant may not utilizeto contract with Florida Power & Light, and may not request Landlord’s consent or an affiliate thereof, for the providing of generators to utilizetenants of the Building or the Project. In the event that the Landlord shall designate a specified or centralized location for the relocation of the generator or, electrical equipment alternatively, require that any tenants requesting service by back-up generators utilize a contracted-for-generator from Florida Power & Light or lighting exceeding such connected loadother supplier as the Landlord shall designate, and (ii) Tenant may not request that Landlord make, and the Tenant's generator shall be relocated or the Tenant shall not utilize the designated generator source. The cost to relocate the Tenant's generator or to connect the Tenant to a designated generator shall be responsible forborne by the Landlord, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that Landlord shall receive the benefit of any savings incurred thereby such as, but not limited to, the Tenant's sale of the previously used generator.
(d) Landlord reserves the right, after Business Hours, to turn off all unnecessary lighting in the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection unoccupied areas of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) and the Premises (not including to minimize the “energy consumption of the Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) both the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 (Hiway Technologies Inc)
Electricity. Landlord The Lessee shall provide adequate pay to either the Lessor or the utility supplier all costs related to the consumption of electricity in the Leased Premises. The electricity consumption shall be calculated by a separate metre furnished by Westmount Electric Service or any other electrical wiring energy supplier. The electricity consumed in the Leased Premises shall be billed to the Lessee and facilities for connection shall thereafter be payable by the Lessee either directly to Tenant’s lighting and Tenant’s incidental use equipment, provided the Lessor or to the utility supplier. It is understood that the combined electrical load Lessor will not be held responsible of Tenant’s incidental use equipment any disagreement that may occur between the Lessee and the connected utility supplier, as the case may be. The Lessor shall supply electrical load power in the Leased Premises, of Tenant’s lighting fixtures does not exceed an average a capacity to meet a maximum demand of six and onetwenty-half eight (6 1⁄228) ▇▇▇▇▇ per rentable square foot metre, namely ten (10) ▇▇▇▇▇ per square metre for lighting purposes and eighteen (18 ) ▇▇▇▇▇ per square metre for electrical outlets and the Lessee hereby declares itself satisfied therewith. In the event the Lessee requires additional capacity for its usage, the Lessee shall pay for the costs incurred to supply such capacity. This is conditional upon the Lessor being able to supply such capacity. The Lessee undertakes to never consume an amount of electrical power exceeding the capacity of the facilities supplying the Leased Premises. The Lessor shall be entitled to make the necessary verifications. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilizeLessor shall have the right to install one or several sub-metres in which case the Lessee shall pay the energy consumed as indicated on the sub-metre(s), and may not request Landlord’s consent to utilizethe whole in conformity with Westmount Electric Service's rates. -------------------------------------------------------------------------------- SITQ IMMOBILIER -------------------------------------------------------------------------------- If necessary, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant the Lessee shall not be responsible for, any upgrade pay an Additional Rent to the Building Systems to accommodate any such increased electrical load; provided, however, that after Lessor for the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing heating system and/or air-conditioning system the Lessee wishes to bear the cost of (a) any necessary upgrade add to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air normal heating system and/or normal air-conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, which electrical usage Leased Premises. The Lessee 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall also pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) shall be included in Operating Expenses. Tenant may audit Landlord’s readings installation of the Submetering Equipment and Landlord shall deliver reasonably detailed invoices to Tenant reflecting Landlord’s reading of the Submetering Equipment and resulting electricity costsnecessary equipment related thereto.
Appears in 1 contract
Sources: Lease Agreement (Isee3d Inc /Fi)
Electricity. (a) Electricity will be provided to the Premises in accordance with the Base Building Specifications attached hereto as Exhibit J. The Building 37 Premises shall be separately metered for electricity such that the applicable public utility company can provide electricity directly to the Building 37 Premises, and Landlord (at its sole cost) shall provide adequate electrical wiring necessary submeters or other equipment or facilities to separate the cost of providing so-called “convenience” electricity from the electricity needed for the HVAC system and facilities equipment serving Building 37 (which HVAC cost, without any service charge or ▇▇▇▇-up, shall be an Operating Cost). The term “convenience” electricity shall refer to electricity for connection all lighting, plug in or hard-wired equipment, but excluding heating, ventilation and air conditioning in the Premises unless such HVAC is supplemental in addition to the base building system and is required due to Tenant’s lighting particular use (including, without limitation, HVAC for a data center or computer room, special process rooms or conference-training centers, fitness centers or cafeterias requiring supplemental HVAC). The Building 131 Premises shall be submetered by the Landlord. In each case, Tenant shall be responsible for payment of all convenience electricity charges to the Landlord during the Term of this Lease and thereafter so long as Tenant is in occupancy of the Premises). Landlord shall permit Landlord’s existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant, in common with others, provided, subject to the provisions of Section 7.4(a), Tenant’s incidental use equipment, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does demand requirement for convenience electricity shall not exceed an average the load requirements of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot of Premises Rentable Area (or, if greater, Tenant’s existing load requirement), and Tenant agrees in its use of the Premises. Notwithstanding the foregoing, during the Construction Period Premises (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding exceed such connected load, requirements and (ii) that its total connected lighting load it will not exceed the maximum from time to time permitted under applicable governmental regulations. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Building’s electric system, Tenant may shall not, without Landlord’s prior consent, which consent shall not request that be unreasonably withheld, connect any fixtures, appliances or equipment to the Building’s electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, scanners, word and data processors, clocks, radios, hand-held or desk top calculators, desktop computers and customary “peripherals,” microwave ovens and other similar small electrical equipment normally found in business offices and not drawing more than 20 amps at 120/208 volts.
(b) If Tenant desires to have electricity for the Premises furnished by a provider (an “ASP”) other than the service provider from whom Landlord makefrom time to time shall purchase electricity for the common areas of the Building, and Tenant shall not be responsible for, enter into any upgrade to the Building Systems to accommodate agreement with any such increased electrical load; providedASP, however, that after or give such ASP permission to install lines or other equipment without the Construction Period, Landlord’s prior written consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load in each instance, which consent will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 costswithheld.
Appears in 1 contract
Electricity. Subject to Section 4.2, Landlord shall provide adequate furnish to Tenant throughout the Term electricity for the operation of lighting fixtures, and electrical wiring current for the operation of normal office fixtures and facilities for connection to Tenant’s lighting equipment and Tenant’s incidental 's trade fixtures and equipment described in Tenant's approved Plans. Tenant shall pay Landlord, as additional rent, for the use equipmentof such electricity. Such payments shall be made in monthly installments at the time prescribed for monthly installments of Annual Fixed Rent, provided that and shall be in the combined electrical load amount of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does not exceed an average of six and one-half (6 1⁄2) ▇▇▇▇▇ per rentable square foot 's allocable share of the Premisescost of electricity metered to premises which include the Premises (as reasonably determined by Landlord) at the rates charged to Landlord therefor by the applicable public utility. Notwithstanding the foregoing, during after all or any portion of Area A has been added to the Construction Period (i) Premises, Tenant may not utilizeshall pay directly to the applicable utility company all charges for electricity metered to the Premises. Further notwithstanding the foregoing, after all or any portion of Area B has been added to the Premises, Tenant shall pay directly to the applicable utility company all charges for electricity metered to Area B. If Tenant requires electricity in excess of that supplied by Landlord, Landlord shall, upon request, cooperate with Tenant, at Tenant's expense, in the installation of any equipment, wiring, conduits, and may not request Landlord’s consent the like required for such electricity to utilize, electrical equipment or lighting exceeding such connected load, the Premises provided that Tenant shall reimburse Landlord for all additional costs incurred and (ii) Tenant may not request further provided that Landlord make, and Tenant shall not be responsible forrequired to take any action which is inconsistent with applicable law, any upgrade insurance regulation, or that entails excessive or unreasonable alterations or repairs to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 interference with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection other tenants or occupants of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 costsBuilding.
Appears in 1 contract
Sources: Lease (Cascade Communications Corp)
Electricity. Landlord shall provide reasonably sufficient electricity to the Premises (including adequate electrical wiring and facilities for connection to Tenant’s 's lighting fixtures and Tenant’s incidental use equipment), provided that the combined electrical load of Tenant’s incidental use equipment and (i) the connected electrical load of Tenant’s lighting fixtures the incidental use equipment does not exceed an average of six and one-half four (6 1⁄24) ▇▇▇▇▇ per rentable usable square foot (excluding power for restroom, showers, supplemental cooling and kitchen areas, for which no less than four (4) additional ▇▇▇▇▇ per usable square feet of the Premises shall be provided) of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring calculated on a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical loadmonthly basis, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding thirty (30) amperes (equipment used for the kitchen(s) shall be allocated additional amperes as needed), and (ii) the connected electrical load of Tenant's lighting fixtures does not exceed an average of eight-tenths (.8) ▇▇▇▇▇ per usable square foot of the Premises during the Building Hours, calculated on a monthly basis, and the electricity so furnished for Tenant's lighting will be at a nominal one hundred twenty (20120) amperes, which electrical usage volts. Tenant shall be subject responsible, at Tenant’s sole cost and expense, for obtaining and for the installation of any additional electrical service to Applicable Lawsthe Premises that is in excess of the specifications outlined above, including Title 24but not limited to any such additional service required for the operation of Tenant’s Cafeteria. As part of the Tenant Improvements on or immediately after the Phase 1 Delivery Date and the Phase 2 Delivery Date (as applicable), Tenant shall, at Tenant's sole cost and expense, install devices to separately sub-meter Tenant's electrical use at the Premises, and in such event, Tenant shall pay the actual and reasonable cost of electrical service directly to Landlord without markup as set forth below and the cost of electrical service shall be excluded from Operating Expenses. Bills for electricity shall be rendered once a month, and shall be payable by Tenant as Additional Rent (and not as an Operating Expense) within thirty (30) days of rendition thereof. Such electric ▇▇▇▇ shall include the cost of electric service consumed in the Premises pursuant to this Lease. The amount to be charged to Tenant by Landlord per KW and KWHR of electric service shall be the actual cost at which Landlord from time to time purchases such KW and KWHR of electricity utilized in the Building for the same period from the utility company calculated as set forth below. Such cost shall be determined by dividing the amount billed by the utility company for the KWs and KWHRs consumed in the Building during each respective billing period by the total number each of KWs and KWHRs consumed by the Building for such billing period as appearing on the utility company invoice. So long as the same does not materially increase the cost of any improvements or alterations constructed by or on behalf of Tenant, Tenant will design Tenant's electrical 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. Engineering plans shall include a calculation of Tenant's fully connected electrical design load with and without demand factors and shall indicate the number of ▇▇▇▇▇ of unmetered and submetered loads. 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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: Office Lease (Atlassian Corp PLC)
Electricity. Landlord 7.1. Tenant shall provide adequate electrical wiring and facilities contract directly with the Consolidated Edison Company or any other utility company (an “Other Utility Provider”) which may furnish electric service to the demised premises for connection to the supply, at Tenant’s lighting sole cost and Tenant’s incidental use equipmentexpense, of all electric current to be used in the demised premises. In connection with the foregoing, an Other Utility Provider which Tenant shall contract with shall be permitted, subject to and in accordance with the applicable provisions of this Lease, including Article 8 hereof, to furnish electric service to the demised premises provided and on condition that (a) Tenant shall pay any and all costs and expenses with respect to the combined electrical load furnishing of such electric service, and (b) Landlord and all other tenants and occupants of the Building shall not be required to contract with such Other Utility Provider. Tenant may utilize the then existing electric meter(s), electric feeders, risers and wiring serving the demised premises to the extent available and safely capable of being used for such purpose and only to the extent of Tenant’s incidental use equipment then demand load. In the event Tenant shall elect to arrange for the replacement of the then existing electric meter(s), Tenant shall, at its sole cost and expense, arrange for the connected electrical load installation of such replacement electric meter(s) which shall service the demised premises and measure Tenant’s lighting fixtures does not consumption of electric current in the demised premises. As long as Tenant is obtaining electric service pursuant to this Section 7.1, Tenant shall, at its sole cost and expense, arrange for the repair and maintenance of the electric meter(s) which shall service the demised premises and Tenant agrees that Landlord shall have no obligation in connection therewith. Tenant covenants and agrees that in no event shall its use of electric current in the demised premises exceed an average of six and one-half (6 1⁄26) ▇▇▇▇▇ (volts/amperes) demand load per rentable useable square foot (exclusive of the Premises. Notwithstanding electric current consumed by the foregoingbase building heating, during ventilation and air conditioning system), together with any increased demand load as may be made available pursuant to a written agreement between Landlord and Tenant in accordance with the Construction Period (i) Tenant provisions hereof after the installation by Landlord, at Tenant’s sole cost and expense, of such additional risers, feeders and other equipment that may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding be required in connection with such connected additional demand load, and (ii) any breach by Tenant may not request that of this covenant shall be deemed a material breach of this Lease. Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s unreasonably withhold its consent to Tenant’s use of electrical equipment or lighting requiring a greater connected electric current in excess of six (6) ▇▇▇▇▇ (volts/amperes) demand load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, per usable square foot and the electricity so furnished for incidental use installation of any additional risers, feeders or other proper or necessary equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperesrequired in connection therewith if, 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 (in Landlord, as part of Operating Expenses, will replace Building-standard lamps, starters and ballasts). Tenant shall reasonably cooperate with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for ’s sole judgment: (i) allocated power is available in the Retail Space, Building for use by Tenant without resulting in allocation to Tenant of a disproportionate amount of allocated power and (ii) the Premises (installation of such additional risers, feeders or other proper or necessary equipment will not including cause permanent damage or injury to the “Building Systems”or the demised premises, as that term is defined in Article 7 or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repair or expense or interfere with or disturb other tenants or occupants of this Lease)the Building. To the extent permitted by any applicable law or regulation, and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 permitted, at its sole expense, to re-distribute electrical capacity among the floors of the demised premises as Tenant reasonably elects, and any installations or alterations resulting from such re-distribution shall be deemed to be Specialty Alterations.
7.2. Landlord shall not in any way be liable or responsible to pay directlyTenant for any loss, and not as a part damage or expense which Tenant may sustain or incur if (a) the supply of Operating Expenseselectric energy to the demised premises is temporarily interrupted or (b) the quantity or character of electric service is changed or is no longer available or suitable for Tenant’s requirements, 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 resulting from Landlord’s willful misconduct or negligence.
7.3. At Landlord’s option, Landlord shall furnish and install all replacement lighting, tubes, lamps, bulbs and ballasts required in the Extra HVAC Costs demised premises; and Bridge Structures Electricity) in such event, Tenant shall be included in Operating Expenses. Tenant pay to Landlord or its designated contractor upon demand the then established reasonable charges therefor of Landlord or its designated contractor, as the case 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 costsbe.
Appears in 1 contract
Sources: Lease Agreement (Blackrock Inc /Ny)
Electricity. Landlord shall provide adequate (a) Tenant acknowledges and agrees that there is no submeter or separate electrical wiring and facilities meter in the Premises for connection to the purpose of measuring Tenant’s lighting use and consumption of electricity for lights and plugs in the Premises but there will be a separate checkmeter installed in the Premises or elsewhere in the Building by Landlord for the purpose of measuring use and consumption of electricity for the Supplemental HVAC System (and to the extent so designated by Landlord from time to time such checkmeter may also measure use and consumption of electricity for any equipment of Tenant’s incidental use equipment, provided that the combined electrical load including, without limitation, computers and other equipment having special power or environmental requirements). Tenant shall make direct payment to Landlord of Tenant’s incidental use Original Electrical Factor for the operation of lights and plugs in the Premises, as additional rent as provided in Section 3.1 of this Lease. Tenant shall pay Landlord all charges for all checkmetered electricity monthly, within twenty (20) days after being billed therefor by Landlord. Landlord shall permit Landlord’s existing wires, pipes, risers, conduits and other electrical equipment of Landlord to be used for the purpose of providing electrical service to the Premises. Tenant covenants and agrees that its electrical usage and consumption will not disproportionately “siphon off” electrical service necessary for other tenants of the Building and that its total connected electrical load of Tenant’s lighting fixtures does will not exceed an average the maximum load from time to time permitted by applicable governmental regulations nor the design criteria of six the existing Building electrical capacity and one-half that in no event shall such total connected load be in excess of (6 1⁄2i) 6.0 ▇▇▇▇▇ per rentable square foot of the Premisesusable area of the Premises (exclusive of the computer room and system administration room (the “SysAdmin Room”) adjacent to the computer room and related thereto, as such rooms are shown on Exhibit B-1 (collectively such computer room and SysAdmin Room are called by “Computer-Admin Rooms”)) or (ii) the 400 AMP 3 phase dedicated service to the Computer-Admin Rooms described in Exhibit B (or any upgrade, alteration or addition to such 400 AMP 3 phase dedicated service which is (x) installed and paid for by Tenant in accordance with the provisions of Section 5.2 of the Lease and (y) approved by Landlord in accordance with Section 5.2 of the Lease). Notwithstanding the foregoingLandlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if, during the Construction Period (i) Tenant may not utilizeTerm of this Lease, and may not request either the quantity or character of electric current is changed or electric current is no longer available or suitable for Tenant’s requirements due to a factor or cause beyond Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and control. Tenant shall not be responsible forpurchase and install all lamps, any upgrade tubes, bulbs, starters and ballasts (except that prior to the Building Systems to accommodate any such increased electrical load; providedCommencement Date, howeverLandlord shall, that after the Construction Periodat its expense, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will initially supply and install (if not be unreasonably withheld if Tenant agrees present therein) operable lamps, tubes, bulbs, starters and ballasts in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, which electrical usage shall be subject to Applicable Laws, including Title 24lighting system). Tenant shall bear the cost of replacement repair and maintenance of lampsany electric or gas meter used or to be installed in (or serving) the Premises.
(b) In order to insure that the foregoing requirements are not exceeded and to avert possible adverse affect on the Building’s electrical system, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for not, without Landlord’s prior consent, connect any fixtures, appliances or equipment (i) located outside the Retail Space, Computer-Admin Rooms to the Building’s electrical distribution system which operates on a voltage in excess of 120 volts nominal or (ii) located within the Premises Computer-Admin Rooms which operates on or requires more than the 400 AMP 3 phase dedicated service to the Computer-Admin Rooms described on Exhibit B (not including or any upgrade, alteration or addition to such 400 AMP 3 phase dedicated service which is (x) installed and paid for by Tenant in accordance with the “Building Systems”provisions of Section 5.2 of the Lease and (y) approved by Landlord in accordance with Section 5.2 of the Lease). If Landlord shall consent to the connection of any such fixtures, appliances or equipment, all additional risers or other electrical facilities or equipment required therefor shall be provided by Landlord and the cost thereof shall be paid by Tenant upon Landlord’s demand as that term is defined in Article 7 Additional Rent. From time to time during the Term of this Lease, Landlord shall have the right to have an electrical consultant selected by Landlord make a survey of Tenant’s electric usage, the result of which shall be conclusive and binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the requirements set forth in paragraph (a), and (iii) the Common Areas and Building Systems. in addition to any other rights Landlord may have hereunder, Tenant at Tenant’s sole cost and expense shall pay shall, upon demand, reimburse Landlord for the costs of installing such survey.
(c) Landlord and Tenant acknowledge that the Submetering Equipment for the Premises. 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 400 AMP 3 phase dedicated service to the extent included in Computer-Admin Rooms does not serve the Extra Supplemental HVAC Costs and Bridge Structures Electricity) 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 costsSystem.
Appears in 1 contract
Sources: Sublease (Salary. Com, 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 provide adequate electrical wiring and facilities furnish the electricity which Tenant shall require in the Premises for connection to Tenant’s lighting and Tenant’s incidental use equipmentother normal and customary office uses. Tenant shall pay to Landlord, provided that as an Additional Charge, the combined electrical load sum of Tenant’s incidental use equipment Three and 25/100 Dollars ($3.25) per rentable square foot of the connected electrical load 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 Tenant’s lighting fixtures does not exceed an average of all such electricity furnished Tenant at the Premises, based on six and one-half (6 1⁄26) ▇▇▇▇▇ per rentable usable square foot of the Premises. Notwithstanding the foregoing, during Landlord and Tenant acknowledge that the Construction Period 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 may not utilizeshall 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 may not request Landlord’s consent otherwise pursuant to utilizethe provisions of, electrical equipment or lighting exceeding such connected load, and 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 rate schedule (inclusive of all taxes, surcharges and other charges payable thereunder or in connection therewith) of the utility company serving the Building (herein called the “Utility Company”) which is charged to Landlord for such period. Tenant shall pay the amount due for any billing period within thirty (30) days after being billed therefor, which bills Landlord may render from time to time (but no more frequently than monthly). Tenant shall also pay to Landlord an amount equal to the actual out-of-pocket costs reasonably incurred by Landlord to a meter company or otherwise in respect of having Tenant’s Submeter read and having bills prepared and delivered based upon such readings.
(c) Landlord shall not request that Landlord makebe required to furnish, and Tenant shall not be responsible forinstall a connected load (including all of Tenant’s equipment and systems, but excluding the Building Systems) or otherwise draw, in excess of six (6) ▇▇▇▇▇ per usable square foot of the Premises.
(d) If any upgrade 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 Building Systems charges for electricity payable pursuant to accommodate any such increased electrical load; providedSection 4.2(a) or 4.2(b) above.
(e) Tenant will at all times comply with all rules and regulations of the Utility Company, however, that after to the Construction Period, Landlord’s consent extent the same are applicable to its use of electric energy in the Premises.
(f) Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear electric energy shall never exceed the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at then existing feeders, risers or wiring installations serving the Project Premises.
(g) Landlord shall not in any way be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur if (i) the Retail Spacesupply of electric energy to the Premises is temporarily interrupted, or (ii) the Premises (not including the “Building Systems”, as that term quantity or character of electric service is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at changed or is no longer available or suitable for Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 directlyrequirements, 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 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 Extra HVAC Costs Premises; and Bridge Structures Electricityin 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 be included 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 Provider”) or continue to contract from the existing Utility Company and in Operating Expenseseither case subject to the provisions of this Section 4.2(b) but not at any additional cost to Tenant. Tenant may audit 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 readings of electric lines, feeders, risers, wiring and other electrical equipment, if any, located within the Submetering Equipment Premises. In so accessing the Premises, Landlord shall, and Landlord shall deliver reasonably detailed invoices endeavor to Tenant reflecting Landlordcause any Alternate Service Provider to, use commercially reasonable efforts to minimize interference with Tenant’s reading of business operations in the Submetering Equipment and resulting electricity costsPremises.
Appears in 1 contract
Sources: Lease Agreement (Teltronics Inc)
Electricity. (a) Electricity shall be furnished to the Subleased Premises, and Tenant shall pay for such electricity, upon the same terms and conditions as set forth in the Lease. Without derogating from the foregoing, the Parties acknowledge and agree that electricity is furnished to the Subleased Premises by Landlord pursuant to the Lease on a rent inclusion (“ERI”) basis. There shall provide adequate electrical wiring be no separate or specific charge to Tenant for such electricity, whether by meter charge or otherwise, such electric energy being thus included in the Base Rent set forth in Section 1.1, and facilities payable by Tenant in accordance with Section 4.1. The ERI under this Agreement shall be at an annual rate of $[***] per rentable square foot contained in the Subleased Premises, which is the amount agreed upon by Landlord and Tenant as compensation for connection to the provisions of normal electric usage by Tenant’s lighting and Tenant’s incidental use equipment, provided that the combined electrical load . The ERI is based on an estimate of Tenant’s incidental use equipment and the of electricity during ordinary business hours furnished by a connected electrical load of Tenant’s lighting fixtures does not exceed an average of no more than six and one-half (6 1⁄26) ▇w▇▇▇▇ of electricity for all purposes per rentable square foot contained in the Subleased Premises.
(b) If at any time during the Term the ERI payable by Sublessor is increased in accordance with the terms and conditions of the Premises. Notwithstanding the foregoingLease, during the Construction Period (i) Tenant may not utilizeSublessor shall promptly notify Tenant, and may not request Landlord’s consent the ERI payable by Tenant under this Agreement shall be subject to utilize, electrical equipment or lighting exceeding such connected loada corresponding increase, and (ii) Tenant may not request that Landlord make, and Tenant the Base Rent shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical loadautomatically adjusted accordingly; provided, however, the Parties agree to execute a mutually acceptable written instrument confirming such modifications upon the request of either Party.
(c) If at any time during the Term Landlord elects to discontinue furnishing electric energy to the Subleased Premises in accordance with the terms and conditions of the Lease, Sublessor shall promptly notify Tenant. The Parties acknowledge and agree that after the Construction PeriodLease requires Landlord, at Landlord’s consent cost and expense, to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear obtain electric service directly from the cost of (a) any necessary upgrade public utility company serving the Building utilizing the then-existing electric feeders, risers, and wiring serving the Subleased Premises. Effective upon the date that Landlord no longer furnishes electric service to the Building Systems to provide for Subleased Premises, Tenant shall pay all such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied electricity costs directly to the Premises as a result of such increased electrical loadutility company or service-provider furnishing the same in accordance with Section 6.2, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, which electrical usage annual Base Rent shall be subject automatically reduced by the then-current annual ERI rate payable by Tenant; provided, however, the Parties agree to Applicable Laws, including Title 24. Tenant shall bear execute a mutually acceptable written instrument confirming such modifications upon the cost request 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense shall pay for the costs of installing the Submetering Equipment for the Premises. 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 and Bridge Structures Electricity) 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 costseither Party.
Appears in 1 contract
Electricity. a. Landlord shall provide adequate electrical wiring and facilities for connection supply electricity to Tenant’s lighting and Tenant’s incidental use equipment, provided that the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does Premises to supply a requirement not to exceed an average of six and one-half (6 1⁄2) approximately 5.0 ▇▇▇▇▇ per rentable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, Premises Rentable Area for standard single-phase 120 volt alternating current and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s agrees in its use of electrical equipment or the Premises not to exceed such requirement and that its total connected lighting requiring a greater connected load will not exceed the maximum from time to time permitted under applicable governmental regulations. In addition, Landlord shall provide 220 volt service for Tenant's refrigerator to be unreasonably withheld if Tenant agrees located in writing to bear the cost lounge area of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises and one (1) residential clothes dryer as a result of such increased electrical loadprovided in the Tenant's Plans. Landlord shall purchase and install all lamps, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperestubes, which electrical usage shall be subject to Applicable Laws, including Title 24. Tenant shall bear the cost of replacement of lampsbulbs, starters and ballasts for non-Building standard all original fluorescent tubes within the Premises. All other bulbs, tubes and lighting fixtures within for 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) provided and installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole '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 Tenant's expense, which expense shall pay be included in the allowance for construction provided by Landlord, a separate meter which shall measure electric consumption (including electricity consumed in connection with the costs operation of installing the Submetering Equipment for variable-air-volume (VAV) boxes used to heat and cool the Premises) in the Premises. Tenant shall have no obligation pay as additional rent all amounts billed by the applicable utility company when due directly to pay the utility company. If, for any costs reason, such utility charges are not separately metered at any time during the Term, Tenant shall pay as additional rent all reasonably allocated charges attributable to the furnishing of electricity (including as part to the Premises.
c. In the computation of Operating Expenses) shown on the Submetering Equipment described in item (i) above. Tenant shall be responsible to pay directlyCosts, and not as a part of Operating Expenses, for only the cost of all electricity shown on supplied to those portions of the Submetering Equipment described in item (ii) above. The cost of all electricity shown on Building other than those intended to be leased to tenants for their exclusive use and occupancy, or used by the Submetering Equipment described in item (iii) above (except to the extent included in the Extra HVAC Costs and Bridge Structures Electricity) Building for its own offices, i.e., only those areas which are so-called common areas, 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 costsincluded.
Appears in 1 contract
Electricity. Landlord shall provide adequate The following parameters constitute building standard electrical wiring and facilities for connection to Tenant’s lighting and Tenant’s incidental use equipment, provided that design capacity (“Building Standard Electricity”): (i) the combined total demand electrical load of Tenant’s incidental use equipment and all electrical equipment, including lighting, serving the connected electrical load of Tenant’s lighting fixtures does Premises shall not exceed an average of six and one-half (6 1⁄2) 4 ▇▇▇▇▇ per multiplied by the number of rentable square foot of feet in the Premises. Notwithstanding Premises delivered through the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade riser to the Building Systems to accommodate any such increased electrical load; provided, however, that after room on the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to floor where the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, are located; (ii) the Premises (not including demand electrical load for lighting shall comply with the “Building Systems”National Electric Code, as that term is defined in Article 7 of this Lease)revised from time to time, and all other applicable Laws; (iii) emergency power shall be limited to egress lighting only and at Landlord’s option shall be provided by Tenant’s battery backup fixtures or Landlord’s emergency power system; and (iv) no electrical equipment shall exceed the Common Areas safe and Building Systemslawful capacity of the existing electrical circuit(s) and facilities serving the Premises. Tenant Any requirements, services or equipment in excess or contravention of the foregoing parameters (or any combination thereof) shall constitute above building standard electrical services subject to Landlord’s approval and Tenant’s compliance with the other applicable provisions of the Lease, as modified by this Eleventh Modification. However, the cost of purchasing and installing any above building standard electrical equipment approved by Landlord (including submeters) shall be paid at Tenant’s sole cost and expense shall pay for expense, but may be paid out of the costs of installing Construction Allowance to the Submetering Equipment for extent sufficient funds are available. Landlord has installed a new primary power feed to the Premises. Tenant shall have no obligation to pay for any costs of electricity (including as part of Operating Expenses) shown on Project from the Submetering Equipment described in item (i) above. Tenant shall be responsible to pay directlyLemon Avenue Substation, and not as a part of Operating Expenses, for sub-cycle transfer switch in both electric vaults with emergency backup feed from the cost of all electricity shown on Fairmount 5 substation (the Submetering Equipment described in item (ii) above“Electrical System Upgrades”). The cost of all electricity shown on the Submetering Equipment described in item (iii) above (except Electrical System Upgrades shall not constitute an Actual Operating Expense nor shall the costs be paid out of the Construction Allowance pursuant to the extent included in the Extra HVAC Costs and Bridge Structures Electricity) 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 costsWork Letter.
Appears in 1 contract
Electricity. (a) Landlord shall provide adequate furnish, at Landlord’s cost and expense, all taps, disconnects, transformers and panels, permanently installed in an electrical wiring closet in or convenient to the Premises. Landlord shall furnish to Tenant and, subject to Section 11.3(c), maintain in use and effect, through the transmission facilities for connection to Tenantinitially installed by Landlord in the Building at Landlord’s lighting and Tenant’s incidental use equipmentCost, provided that alternating electrical energy in the combined electrical load of Tenant’s incidental use equipment and the connected electrical load of Tenant’s lighting fixtures does amount not exceed an average of less than six and one-half (6 1⁄26) ▇w▇▇▇▇ (demand load) per rentable usable square foot of the Premises. Notwithstanding the foregoing, during the Construction Period (i) Tenant may not utilize, and may not request Landlord’s consent to utilize, electrical equipment or lighting exceeding such connected load, and (ii) Tenant may not request that Landlord make, and Tenant shall not be responsible for, any upgrade to the Building Systems to accommodate any such increased electrical load; provided, however, that after the Construction Period, Landlord’s consent to Tenant’s use of electrical equipment or lighting requiring a greater connected load will not be unreasonably withheld if Tenant agrees in writing to bear the cost of (a) any necessary upgrade to the Building Systems to provide for such increased electrical load, and (b) any reasonably necessary additional heating, ventilating and air conditioning supplied to the Premises as a result of such increased electrical load, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding twenty (20) amperes, 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 (Landlordexclusive of HVAC). As part of the Tenant Improvements, Landlord shall install one or more checkmeters, as part of Operating Expensesrequired, will replace Building-standard lampsto measure electricity consumption in the Premises, starters and ballasts). Tenant shall reasonably cooperate with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building electrical systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) installed by Landlord for (i) the Retail Space, (ii) the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) the Common Areas and Building Systems. Tenant at Tenant’s sole cost and expense (but to be deducted from the Tenant Improvement Allowance), Commencing on the Commencement Date, Tenant shall pay for electricity monthly, based on the costs consumption shown on the checkmeter(s) multiplied by the rate for the Building, with no markup fox Landlord-Subject to the capacity of installing the Submetering Equipment Building Systems and the electric energy requirements of Landlord and the other tenants of the Building or to satisfactory arrangements to add capacity at Tenant’s expense, Landlord shall provide any electric energy requested by Tenant in excess of such six (6) w▇▇▇▇ (demand load) per usable square foot of the Premises at Tenant’s expense. Landlord shall cooperate with Tenant to address Tenant’s power requirements (including, without limitation, any request for additional power Tenant desires to make to the utility company).
(b) Tenant’s use of electrical energy in the Premises shall not exceed the capacity of the feeders or wiring installations then serving the Premises. In the event that, in Landlord’s reasonable judgment. Tenant’s electrical requirements exceed the capacity previously provided to Tenant and necessitate installation of an additional riser, risers, or other proper and necessary equipment. Landlord shall so notify Tenant of same. Within thirty (30) days after receipt of such notice, Tenant shall have either cease such use of additional electricity or agree to install necessary additional electrical capacity at Tenant’s sole cost, subject to Landlord’s prior reasonable approval of plans therefor, Tenant shall not, without prior reasonable consent of Landlord in each instance (using the procedures per Section 9.3(a)(ii) hereof) make or perform, or permit the making or performing of, any alteration to wiring installations or other electrical facilities in or serving the Premises or any additions to the electrical fixtures in the Premises.
(c) Landlord, at any time, at Landlord’s option, and upon no obligation less than sixty (60) days’ prior notice to Tenant and provided Landlord is required to do so by Applicable Law or is doing so for all office tenants in the Building, may discontinue the furnishing of electrical energy to the Premises, and, in such case, Tenant shall promptly contract directly for the supplying of such electrical energy with the applicable public utility and Landlord shall permit its wires, risers, conduits, feeders and switchboards, to the extent available, suitable and safely capable (provided that Landlord shall remain obligated to maintain such wires, risers, conduits, feeders and switchboards pursuant to Section 10.2(a) and Section 11.3(b)), to be used for the purpose of supplying such electrical energy; provided, however, Tenant, at Tenant’s cost and expense, shall furnish and install at a location in the Building mutually approved and maintain and keep in repair any necessary metering equipment used in connection with measuring Tenant’s consumption of electrical energy so supplied to Tenant by said public utility. In no event shall Landlord cease to furnish electricity until Tenant is receiving the same on a direct basis.
(d) Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense that Tenant may sustain or incur if, during the Term, either the quantity or character of electrical energy is changed or is no longer available or suitable for Tenant's requirements; provided, that such change or lack of availability does not result from Landlord’s negligence (subject to the waiver of subrogation provisions of Article 7) or willful misconduct or Landlord’s failure to timely pay for service. Landlord shall in no way be liable for any costs failure, inadequacy or defect in the character or supply of electricity electrical energy furnished to the Premises except for actual damage suffered by Tenant by reason of any such failure, inadequacy or defect resulting from Landlord’s negligence (including as part subject to the waiver of Operating Expensessubrogation provisions of Article 7) shown on or willful misconduct. In order that Landlord may at all times have all necessary information that it requires in order to maintain and protect its equipment, Tenant shall not make any material alteration or material addition to the Submetering Equipment described electrical equipment and/or appliances in item the Premises without the prior written consent of Landlord in each instance (iwhich consent shall not be unreasonably withheld, conditioned or delayed and deemed given if no response is provided within five (5) aboveBusiness Days) and shall promptly advise Landlord of any other alteration or addition to such electrical equipment and/or appliances. Tenant shall be responsible advise Landlord as 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 any material change in the Extra HVAC Costs periods of use of Tenant’s lighting fixtures, equipment and Bridge Structures Electricitybusiness machines.
(e) Tenant, at Tenant’s expense, shall be included purchase and install all replacement bulbs (including, but not limited to, incandescent and fluorescent) and ballasts used 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 costsPremises.
Appears in 1 contract
Sources: Assignment and Assumption of Lease (SpringWorks Therapeutics, Inc.)