Electricity. 16.01 Subject to the terms of Section 16.03, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises. 16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor. 16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.
Appears in 2 contracts
Sources: Lease Agreement (Angion Biomedica Corp.), Lease (Angion Biomedica Corp.)
Electricity. 16.01 Subject (a) Landlord shall supply electricity to the terms Premises to meet a demand requirement not to exceed 8.0 watt▇ ▇▇▇ square foot of Section 16.03Premises Rentable Area for standard single-phase 120 volt alternating current and Tenant agrees in its use of the Premises (i) not to exceed such requirements and (ii) that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. If, without in any way derogating from the foregoing limitation, Tenant shall require electricity in excess of the requirements set forth above, Tenant shall notify Landlord and Landlord may (without being obligated to do so) supply such additional service or equipment at Tenant's sole cost and expense. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. 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 personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at 120/208 volts.
(b) Tenant acknowledges that Basic Rent does not include the cost of providing convenience electricity to the Premises. As elsewhere provided, Tenant shall pay the Estimated Electricity Payment to Landlord with Basic Rent payments, and to the extent that the cost of providing convenience electricity to the Premises for any Operating Year exceeds the Estimated Electricity Payment, Tenant shall pay such excess as herein provided. Tenant's electricity usage in the Premises shall be measured by one or more so-called "check-meters," which shall be installed in the Premises by Landlord. Landlord shall cause such meter(s) to be read periodically, but not less often than once during each Operating Year, for the purpose of determining Tenant's actual electricity usage during such Operating Year. Tenant shall reimburse Landlord, as Additional Rent, for the actual cost of the electric current consumed in the Premises, as measured by the "check -meters" serving the Premises, for the Operating Year in question. In the event that the Building shall be metered for more than one rate applicable to the Premises, then the Premises shall be similarly check-metered at each rate applicable to the Premises. To the extent that the Estimated Electricity Payments theretofore made by Tenant for the Operating Year in question are less than the amount computed by Landlord as aforesaid, then Tenant shall pay the amount of such shortfall within thirty (30) days after being so advised by Landlord, but if Tenant's Estimated Electricity Payments exceed the amount due, then Landlord shall credit the excess against subsequent obligations of Tenant on account of Estimated Electricity Payments (or refund such excess if the Lease Term has expired and Tenant has no further obligation to Landlord).
(c) From time to time during the Lease Term, Landlord shall furnish have the right to have an electrical service consultant selected by Landlord make a survey of Tenant's electric usage, the result of which survey 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 Section 7.4(a) hereof, in addition to any other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the reasonable cost of such survey and the cost, as determined by such consultant, of electricity usage in excess of such requirements as an additional charge.
(d) Landlord shall have the right to discontinue furnishing electricity to the Demised Premises during business hours at any time upon not less than thirty (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract30) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible days' notice to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, provided Landlord shall, at the sole cost and expense of Tenantthe party requesting direct separate metering, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that separately meter the same will cause permanent damage or injury Premises directly to the Building or to applicable public utility company. If Landlord exercises such right, from and after the Demised Premiseseffective date of such discontinuance, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition furnish electricity to the installation of such riser or risersPremises, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.and
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with no longer be required to pay the said public utility for all Estimated Electricity Payment portion of Tenant’s electric current requirements and Basic Rent; and
(ii) as Landlord shall permit Landlord's existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant provided that the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount limits set forth in sub-subdivision (aSection 7.4(a) of subdivision (ii) above is hereinafter called the Initial Electricity Factorhereof shall not be exceeded, and the said amount, as the same may, from time Tenant shall be responsible for payment of all electricity charges directly to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factorsuch utility.
Appears in 2 contracts
Sources: Lease Agreement (Firepond Inc), Lease Agreement (Firepond Inc)
Electricity. 16.01 Subject (a) Landlord shall supply Tenant Electric to the terms Premises to meet a demand requirement not to exceed 3.0 watts per square foot of Section 16.03Premises Rentable Area for stand▇▇▇ single-phase 120 volt alternating current and Tenant agrees in its use of the Premises (i) not to exceed such requirements and (ii) that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. If, without in any way derogating from the foregoing limitation, Tenant shall require Tenant Electric in excess of the requirements set forth above, Tenant shall notify Landlord and Landlord may (without being obligated to do so) supply such additional service or equipment at Tenant's sole cost and expense. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. 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 personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at 120/208 volts.
(b) From time to time during the Term of this Lease, Landlord shall furnish have the right to have an electrical service consultant selected by Landlord make a survey of Tenant's electric usage, the result of which survey shall be conclusive and binding upon Landlord and Tenant. In the event that such survey shows that Tenant has exceeded the limits set forth in paragraph (a), in addition to any other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the cost of such survey and the cost, as determined by such consultant, of electricity usage in excess of such limits as an additional charge.
(c) Landlord shall have the right to discontinue furnishing Tenant Electric to the Demised Premises during business hours at any time upon not less than thirty (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract30) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible days' notice to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, provided Landlord shall, at Tenant's expense, separately meter the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury Premises directly to the Building or to applicable public utility company. If Landlord exercises such right, from and after the Demised Premiseseffective date of such discontinuance, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition furnish electricity to the installation of such riser or risersPremises, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.and
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract no longer be required to pay the Tenant Electricity Payment or costs of Tenant Electric to Landlord (it being understood that Tenant shall be solely responsible for such electrical service paying the cost of furnishing electricity to the Premises directly with to the said public applicable utility for all of Tenant’s electric current requirements and company); and
(ii) Landlord shall permit Landlord's existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant provided that the limits set forth in paragraph (a) shall not be exceeded, and Tenant shall be responsible for payment of all electricity charges directly to such utility.
(d) If the public utility rate for the supply of electric energy to the Building shall be increased from the rate that is in effect as of the date upon Commencement Date, then the Tenant Electricity Payment shall be increased in the same proportion as the increase to Landlord. It is understood that, as used in this subparagraph, the term "rate" shall include any surcharges which Landlord discontinues furnishing electric current is required to Tenant, (a) pay in connection with obtaining electrical energy for the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased Building and any other additional charges now or hereafter in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factoreffect.
Appears in 1 contract
Sources: Lease Agreement (SmartPros Ltd.)
Electricity. 16.01 (a) Subject to the terms of Section 16.03(c) of this Article 16, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e.Premises, 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewritersas, computersfor example, calculators personal computers and copy printers, photocopying machines and telephone facsimile machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 Section (c) of this ArticleArticle 16, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Articlehereinafter provided. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase purchase, at competitive market prices, from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 (b) Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approvalapproval (which approval shall not by unreasonably withheld), and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, that if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, disturb the other Tenants tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five twenty (520) business days after rendition of any b▇▇▇▇ or statements statement to Tenant therefor.
16.03 (c) Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving upon the area in which the Building is located, Landlord may discontinue the aforesaid service upon the later to occur of (i) thirty (30) days’ notice or (ii) the period reasonably required for Tenant to Tenant obtain direct service without Landlord being liable to Tenant therefor and without in any way affecting this lease Lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord Landlord, at Landlord’s sole cost, in accordance with the terms of, and subject to the conditions contained in, Section 16.02 (b) of this ArticleArticle 16. In the event that Landlord exercises its rights under this Section 16.03(c), then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent monthly Rent reserved under this lease Lease shall be reduced by $1,380.00 18,547.75 per year (as such amount may have been previously increased in accordance with $1,545.65 per month) (the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued“Initial Electricity Factor”). The amount set forth in sub-subdivision (a) of subdivision (ii) above Initial Electricity Factor is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the “Electricity Factor.”
(d) Notwithstanding anything contained in this Article 16 which may be deemed to the contrary, if any tax is imposed upon Landlord by any municipal, state or federal agency or subdivision with respect to the purchase, sale or resale of electrical energy furnished or supplied to Tenant hereunder, Tenant covenants and agrees that, where permitted by law, such taxes shall be passed on to, included in the ▇▇▇▇ to and paid by, Tenant to Landlord, as additional rent, as set forth in the ▇▇▇▇, demand or statement furnished to Tenant.
Appears in 1 contract
Sources: Lease Agreement (Tangoe Inc)
Electricity. 16.01 Subject (a) Landlord shall supply electricity to the terms Premises to meet a demand requirement not to exceed 3.0 watt▇ ▇▇▇ square foot of Section 16.03Premises Rentable Area for standard single-phase 120 volt alternating current and Tenant agrees in its use of the Premises (i) not to exceed such requirements and (ii) that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. If, without in any way derogating from the foregoing limitation, Tenant shall require electricity in excess of the requirements set forth above, Tenant shall notify Landlord and Landlord may (without being obligated to do so) supply such additional service or equipment at Tenant's sole cost and expense. Landlord shall purchase and install, at Tenant's expense, all lamps, tubes, bulbs, starters and ballasts. 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 personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at 120/208 volts.
(b) From time to time during the Term of this Lease, Landlord shall furnish have the right to have an electrical service consultant selected by Landlord make a survey of Tenant's electric usage, the result of which survey 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), in addition to any other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the cost of such survey and the cost, as determined by such consultant, of electricity usage in excess of such requirements as an additional charge.
(c) Landlord shall have the right to discontinue furnishing electricity to the Demised Premises during business hours at any time upon not less than thirty (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract30) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible days' notice to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, provided Landlord shall, at Tenant's expense, separately meter the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury Premises directly to the Building or to applicable public utility company. If Landlord exercises such right, from and after the Demised Premiseseffective date of such discontinuance, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition furnish electricity to the installation of such riser or risersPremises, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.and
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant in the computation of Operating Expenses, only the cost of electricity supplied to those portions of the Building other than those leased or intended to be leased to tenants for their exclusive use and occupancy, i.e., only those areas which are so-called common areas, shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and be included;
(ii) as of Tenant shall no longer be required to pay the date upon which Landlord discontinues furnishing electric current to TenantEstimated Electricity Payment, (a) the annual fixed rent reserved under this lease and Base Operating Expenses shall be reduced by $1,380.00 0.85 per square foot of Building Rentable Area; and
(as such amount may have been previously increased in accordance with iii) Landlord shall permit Landlord's existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant provided that the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount limits set forth in sub-subdivision paragraph (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factorshall not be exceeded, and the said amount, as the same may, from time Tenant shall be responsible for payment of all electricity charges directly to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factorsuch utility.
Appears in 1 contract
Electricity. 16.01 Subject 41.01 Tenant acknowledges and agrees that electric service shall be supplied to the terms Premises on a “rent inclusion basis” in accordance with the provisions of Section 16.03this Article 41 (subject to Landlord’s right, in its sole discretion, to furnish such electricity on a “submetering” basis as provided for herein).
41.02 Electricity and electric service, as used herein, shall mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including but not limited to services which facilitate the distribution of service.
41.03 If and so long as Landlord provides electricity to the Premises on a rent inclusion basis, Tenant agrees that the Fixed Annual Rent shall furnish be increased by the amount of the Electricity Rent Inclusion Factor (“ERIF”), as hereinafter defined. Tenant acknowledges and agrees (i) that the Fixed Annual Rent hereinabove set forth in this Lease does not yet, but is to include an ERIF of $3.00 per rentable square foot to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service, and Tenant shall pay for Tenant’s Share of Building electric current (i.e., all electricity used in lighting the public and service areas, and in operating all the service facilities, of the Building and the parties acknowledge and agree that twenty percent (20%) of the Building's payment to the public utility or other service providers for the purchase of electricity shall be deemed to be payment for Building electric current, however, in no event shall Tenant’s charge exceed the sum of twenty five ($.25) cents per rentable square foot of space per calendar year during the term of this Lease ) which shall be paid for by Tenant in accordance with provisions hereof; and (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called “Ordinary Equipment”) during ordinary business hours (“Ordinary Business Hours” shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 ½ w▇▇▇▇ of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant in excess of the foregoing and the charge for Tenant’s Share of Building electric current shall result in adjustment of the ERIF as hereinafter provided. For purposes of this Article, the rentable square foot area of the Premises shall be deemed to be 1,963 square feet.
41.04 If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to September 1, 2004 (whether such change occurs prior to or during the term of this Lease), by change in Landlord’s electric rates or service classifications, or electricity charges, including changes in market prices, or by an increase, subsequent to the last such electric rate or service classification change or market price change, in fuel adjustments or charges of any kind, or by taxes, imposed on Landlord’s electricity purchases or on Landlord’s electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in electric rates, service classifications or market prices, and, also Tenant’s payment obligation, for electricity redistribution, shall change from time to time so as to reflect any such increase in fuel adjustments or charges, and such taxes. Any such percentage change in Landlord’s cost due to change in Landlord’s electric rate or service classifications or market prices, shall be computed on the basis of the average consumption of electricity for the Building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) for the entire Building for said prior (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification or market price which existed immediately prior to the change. The parties agree that a reputable, independent electrical consultant firm, selected by Landlord, (“Landlord’s Electrical Consultant”), shall determine the percentage change for the changes in ERIF due to Landlord’s changed costs and the charge to Tenant for Tenant’s Share of Building electric current, and that Landlord’s Electrical Consultant may from time to time make surveys in the Premises of the electrical equipment and fixtures and use of current.
(i) If such survey shall reflect a connected electrical
(ii) If such survey shall disclose installation and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of Fixed Annual Rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid under the SC-4 Rate I Service Classification in effect on September 1, 2004 (and not the time-of-day rate schedule) or the comparable rate schedule (and not the time-of-day rate schedule) of any utility other than Con Ed then providing electrical service to the Demised Premises during business building as same shall be in effect on the date of such survey for such load and usage of electricity, with the connected electrical load deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (i.e.KWH), 8:00 A.M. to 6:00 P.M. on Mondays through Fridaysas hereinbefore provided, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided which addition to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service ERIF shall be furnished without specific measurementincreased by all electricity cost changes of Landlord, as hereinabove provided, from September 1, 2004 through the date of billing).
41.05 In no event, whether because of surveys, rates or cost changes, or for any reason, is the originally specified $3.00 per rentable square foot ERIF portion of the fixed annual rent (plus any net increase thereof by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to September 1, 2004) to be reduced.
41.06 The determinations by Landlord’s Electrical Consultant shall be binding and conclusive on any meter or otherwise, Landlord and without additional specific charge Tenant from and after the delivery of copies of such determinations to Landlord and Tenant, unless, within fifteen (15) days after delivery thereof, Tenant disputes such determination. If Tenant so disputes the charge for determination, it shall, at its own expense, obtain from a reputable, independent electrical consultant its own determinations in accordance with the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 provisions of this Article. Notwithstanding Tenant’s consultant and Landlord’s consultant then shall seek to agree. If they cannot agree within thirty (30) days they shall choose a third reputable electrical consultant, whose cost shall be shared equally by the foregoingparties, to make similar determinations which shall be controlling. (If they cannot agree on such third consultant within ten (10) days, than either party may apply to the Supreme Court in the County of New York for such appointment.) However, pending such controlling determinations Tenant shall pay to Landlord the amount of Additional Rent or ERIF in accordance with the determinations of Landlord’s Electrical Consultant. If the controlling determinations differ from Landlord’s Electrical Consultant, then the parties shall promptly make adjustment for any deficiency owed by Tenant or overage paid by Tenant.
41.07 If and so long as Landlord provides electricity to the Premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord’s designated agent at charges, terms and rates set, from time to time, during the term of this Lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the Building is located; provided however, said charges shall be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire Building, by reason of increase in Landlord’s electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord’s electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments or by taxes or charges of any kind imposed on Landlord’s electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord’s billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the rate and/or service classification change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the Building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, Additional Rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the Premises without releasing Tenant from any liability under this Lease and without Landlord or Landlord’s agent incurring any liability for any damage or loss sustained by Tenant by such discontinuance of service. If any tax is imposed upon Landlord’s receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant’s pro-rata share of such taxes shall be passed on to and included in the b▇▇▇ of, and paid by, Tenant to Landlord.
41.08 If all or part of the submetering Additional Rent or the ERIF payable in accordance with Section 41.03 or 41.04 of this Article becomes uncollectible or reduced or refunded by virtue of any law, order or regulations, the parties agree that, at Landlord’s option, in lieu of submetering Additional Rent or ERIF, and in consideration of Tenant’s use of the Building’s electrical distribution system and receipt of redistributed electricity and payment by Landlord of consultant’s fees and other redistribution costs, the Fixed Annual Rental rate(s) to be paid under this Agreement shall be increased by an “alternative charge” which shall be a sum equal to $3.00 per year per rentable square foot of the Premises, changed in the same percentage as any increase in the cost to Landlord for electricity for the entire Building subsequent to September 1, 2004, because of electric rate, service classification or market price changes, such percentage change to be computed as in Section 41.04 provided.
41.09 Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, loss or damage or expense that which Tenant may sustain or incur if either the quantity or character of electrical electric service is changed, changed or is no longer available, available or is unsuitable suitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, that at all times, times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the wiring installation. Any riser or risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect theretorequirements, Landlord shallupon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determineif, in its Landlord’s sole judgment, that the same are necessary and will not cause permanent damage or injury to the Building or to the Demised Premises, Premises or cause or create a dangerous or hazardous condition, condition or entail excessive or unreasonable alterations, repairs, repairs or expense, expense or interfere with, with or disturb, the disturb other Tenants tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consentoccupants. In addition to the installation of such riser or risers, Landlord will also, also at the sole cost and expense of Tenant, install all other equipment proper and necessary and proper in connection therewith, therewith subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided The parties acknowledge that they understand that it is physically possible for Tenant to receive anticipated that electric current rates, charges, etc., may be changed by virtue of time-of-day rates or changes in other methods of billing, and/or electricity purchases and the redistribution thereof, and fluctuation in the Demised Premises market price of electricity, and that the references in the foregoing paragraphs to changes in methods of or rules on billing are intended to include any such changes. Anything hereinabove to the contrary notwithstanding, in no event is the submetering Additional Rent or ERIF, or any “alternative charge”, to be less than an amount equal to the total of Landlord’s payments to public utilities and/or other providers for the electricity consumed by Tenant (and any taxes thereon or on redistribution of same) plus 5% thereof for transmission line loss, plus 15% thereof for other redistribution costs. The Landlord reserves the right, at any time upon sixty (60) days’ written notice, to change its furnishing of electricity to Tenant from a rent inclusion basis to a submetering basis, or vice versa, or to change to the distribution of less than all the components of the existing service to Tenant. The Landlord reserves the right to terminate the furnishing of electricity on a rent inclusion, submetering, or any other basis at any time, upon sixty (60) days’ written notice to the Tenant, in which event the Tenant may make application directly from to the public utility company serving and/or other providers for the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor Tenant’s entire separate supply of electric current and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s its wires and conduits, to the extent available, suitable available and safely capable, to be used for such purpose, but only to the extent of Tenant’s then authorized load. Any additional wiresmeters, conduitsrisers, or other equipment or connections necessary and proper in connection therewith to furnish electricity on a submetering basis or to enable Tenant to obtain electric current directly from such utility and/or other providers shall be installed by Landlord in accordance with at Tenant’s sole cost and expense. Only rigid conduit or electricity metal tubing (EMT) will be allowed. The Landlord, upon the terms of, and subject expiration of the aforesaid sixty (60) days’ written notice to the conditions contained inTenant may discontinue furnishing the electric current but this Lease shall otherwise remain in full force and effect. If Tenant was provided electricity on a rent inclusion basis when it was so discontinued, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) then commencing when Tenant receives such direct service and as long as Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.continue
Appears in 1 contract
Sources: Lease Agreement (Xenomics Inc)
Electricity. 16.01 Subject a. Landlord shall supply electricity to the terms Premises to supply a requirement not to exceed approximately 5.0 ▇▇▇▇▇ per square foot of Section 16.03, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays Rentable Area for standard single-phase 120 volt alternating current and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never the Premises not to exceed such requirement and that its total connected lighting load will not exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, maximum from time to time hereafterpermitted under applicable governmental regulations. In addition, Landlord shall provide 220 volt service for Tenant's refrigerator to be increased pursuant located in the lounge area of the Premises and one (1) residential clothes dryer as provided in the Tenant's Plans. Landlord shall purchase and install all lamps, tubes, bulbs, starters and ballasts for all original fluorescent tubes within the Premises. All other bulbs, tubes and lighting fixtures for the Premises shall be provided and installed by Landlord at Tenant's cost and expense. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse affect on the Building's electric system, Tenant shall not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the terms 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 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 operation of Sections 16.04 the variable-air-volume (VAV) boxes used to heat and 16.05 cool the Premises) in the Premises. 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 at any time during the Term, Tenant shall pay as additional rent all reasonably allocated charges attributable to the furnishing of this Articleelectricity to the Premises.
c. In the computation of Operating Costs, is hereinafter only the cost of electricity supplied to those portions of the Building other than those intended to be leased to tenants for their exclusive use and occupancy, or used by the Building for its own offices, i.e., only those areas which are so-called the Electricity Factorcommon areas, shall be included.
Appears in 1 contract
Electricity. 16.01 (a) Subject to the provisions of this Section 10.2, Tenant agrees that electricity shall be furnished to Tenant on a “submetering” basis by Landlord. If the Premises are not already separately submetered as hereinafter provided, Landlord, at Landlord’s cost, shall install a meter or meters (collectively, the “Submeter”), at a location designated by Landlord in the electrical closets on each floor of the Premises, and perform all other work necessary for the installation of the Submeter (at no cost to Tenant). In no event shall the Submeter measure electricity supplied to the Building Systems. If more than one Submeter is used to measure consumption of electricity in the Premises, Tenant shall be billed only on the basis of the “coincident” demand as measured and calculated from time to time as though a single Submeter were measuring such demand as permitted by The Consolidated Edison Company of New York, Inc. (or any subsequent provider of electricity to the Building).
(b) Landlord and Tenant hereby acknowledge and agree as follows:
(i) Pursuant to Section 40.1 of the Underlying Lease, the Port Authority has arranged for the furnishing of electrical power from the Power Authority of the State of New York to the grid connection points for the Property, and Landlord has the right to obtain such power for the Premises upon and subject to the terms of the Underlying Lease.
(ii) Landlord shall make electricity available to the Premises at a level sufficient to accommodate a demand load of eight (8) ▇▇▇▇▇ per useable square foot, exclusive of base Building HVAC, and Tenant covenants that Tenant’s use and consumption of electricity shall not at any time exceed such amount, nor exceed the capacity of any of the electrical facilities and installations in or otherwise serving or being used in the Premises.
(iii) Should Tenant’s submeter readings exceed the demand load of eight (8) ▇▇▇▇▇ per useable square foot, Tenant shall, upon notice from Landlord, promptly cease the use of any of Tenant’s electrical equipment which Landlord’s electrical engineer reasonably determines, causes Tenant to exceed such capacity.
(iv) If and so long as electric current is supplied by submetering pursuant to this Section 16.0310.2, Tenant will pay Landlord or Landlord’s designated agent, as additional rent for such service, the amounts, as determined by the Submeter, for the purpose of measuring Tenant’s consumption and demand. The additional rent payable by Tenant pursuant to this Section (the “Electricity Additional Rent”) shall be computed in the same manner as Electricity Cost, as applied to the Premises, and shall also include a fee equal to five percent (5%) of such charge in consideration of Landlord’s administrative and overhead costs. The Electricity Additional Rent shall be binding and conclusive on Tenant unless, with respect to any such ▇▇▇▇ or Electricity Cost Statement, on or before the date that is one hundred eighty (180) days after the delivery by Landlord to Tenant of such ▇▇▇▇ or Electricity Cost Statement, Tenant shall notify Landlord that it disputes the correctness thereof, specifying in reasonable detail the respects in which such ▇▇▇▇ or Electricity Cost Statement is claimed to be incorrect (if then known to Tenant). Landlord and Tenant shall cooperate in good faith to resolve such dispute. Pending the determination of such dispute, which dispute may be submitted to arbitration in accordance with Article 34, Tenant shall pay the amount shown on such ▇▇▇▇ or Electricity Cost Statement (as and when otherwise payable to Landlord under this Section 10.2). Landlord shall within thirty (30) days refund or credit any overpayment by Tenant following the final determination of such dispute (with interest at the Applicable Rate on such overpayment from the date such overpayment was made through and including the date of such refund or credit). If the Submeter should fail to properly register or operate at any time for any reason whatsoever, Landlord shall furnish electrical service to may estimate the Demised Premises during business hours (i.e.Electricity Additional Rent, 8:00 A.M. to 6:00 P.M. on Mondays through Fridaysand when the Submeter is again properly operative, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service an appropriate reconciliation shall be furnished without specific measurementmade, on by Tenant paying any deficiency to Landlord within thirty (30) days after demand, or by Landlord crediting Tenant with the amount of any overpayment, as the case may be. Landlord, at its option, may from time to time increase the Electricity Additional Rent based upon any increase in the Electricity Cost. The periods to be used for such computation shall be as Landlord, in its sole discretion, may from time to time elect, provided that Landlord shall ▇▇▇▇ for electricity no less frequently than quarterly. Where more than one meter or otherwise, and without additional specific charge measures the electric service to Tenant, the charge for the furnishing of such electrical electric service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way rendered through each meter may be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At computed and billed at Landlord’s option, either separately or cumulatively. Bills for the Electricity Additional Rent shall be rendered to Tenant at such time as Landlord may elect, provided that Landlord shall ▇▇▇▇ for electricity no less frequently than quarterly.
(v) The Submeter might be installed subsequent to the date (the “Initial Occupancy Date”) that Tenant, or anyone (including any contractors or other workmen) claiming under or through Tenant first enters the Premises. In such event, the annual Fixed Rent during the period commencing on the Initial Occupancy Date and ending on the date on which a reading of the installed Submeter is made, shall be increased by an amount equal to the product of (A) $1.00 and (B) the number of RSF in the applicable portion of the Premises. Tenant acknowledges that in connection with the installation or retrofit of the meter(s), the electricity being supplied to serve the Premises may be temporarily interrupted.
(vi) If, at any time, Landlord shall not be allowed by law to charge Tenant for electric service to the Premises on a submetered basis, then this Lease shall be deemed amended so that from and after the date on which Landlord ceases to provide electricity on a submetered basis, Landlord shall be entitled to receive compensation for continuing to provide such electric service which shall be equivalent of the Electricity Cost of such electricity plus five percent (5%) of such Electricity Cost, computed in a manner reasonably determined by Landlord and payable monthly. If pursuant to any law, ruling order or regulation, the amount which Landlord is permitted to charge Tenant for the purchase of electricity pursuant to this Section 10.2 shall be reduced below the amount which Landlord would otherwise be entitled to charge Tenant hereunder, then, to the fullest extent legally permissible, Tenant shall purchase pay the difference between such amounts to Landlord as Additional Rent within thirty (30) days after demand therefor, as compensation to Landlord for the use and maintenance of the New Tower Building’s electric distribution system.
(vii) Tenant may, from time to time (but in no event more than twice every twelve (12) months), at Tenant’s sole cost and expense, check the accuracy of each Submeter, provided that (A) Tenant shall provide Landlord with at least thirty (30) days’ prior written notice of any such testing and (B) Tenant shall engage the services of an independent testing agency/lab reasonably acceptable to Landlord. Landlord shall have the right to have an employee or agent of Landlord present during any such testing.
(viii) Tenant shall have the right to increase the amount of electric power being drawn from the ▇▇▇▇ duct on any floor within the Premises, at Tenant’s sole cost and expense, provided that (1) the total amount of power allotted to the Premises is not increased, (2) Tenant shall only be entitled to reallocate power from the ▇▇▇▇ duct of another floor of the Premises, which ▇▇▇▇ duct is served by the same switch as the ▇▇▇▇ duct for the floor of the Premises with respect to which Tenant shall desire to increase such power and (3) in the event that Tenant shall desire to increase the amount of electric power on any floor of the Premises that constitutes a partial floor, then Tenant shall, at its sole cost and expense, install a separate ▇▇▇▇ duct switch, transformer and electricity panel on such partial floor with respect to such additional power electric (which ▇▇▇▇ duct switch, transformer and electricity panel shall constitute Non-Standard Alterations).
(ix) Notwithstanding anything to the contrary contained herein, if Tenant requires additional electrical capacity to the Premises in excess of a demand load of eight (8) ▇▇▇▇▇ per useable square foot and provided that (A) Tenant shall have provided Landlord with reasonable backup documentation showing to Landlord’s reasonable satisfaction that such additional capacity is reasonably necessary to support Tenant’s use of the Premises for the Permitted Uses, (B) any and all proper and necessary equipment (e.g., additional risers, feeders or service switches) shall be deemed to be a Non-Standard Alteration which Landlord (in Landlord’s sole discretion) may require to be removed in accordance with Section 4.4(a) hereof on or prior to the Expiration Date and (C) Landlord shall not be required to obtain any such additional electrical capacity from the Utility, then Landlord shall provide to Tenant the additional electrical capacity to the Premises in excess of a demand load of eight (8) ▇▇▇▇▇ per useable square foot (it being understood that such additional capacity shall not exceed five (5) ▇▇▇▇▇ per useable square foot) to the extent it exists within the capacities of the Building’s ▇▇▇▇ duct system and is not committed to any Building System requirement or tenant under an existing lease obligation or reasonably desired to be reserved by Landlord (taking into account the future needs of existing and future occupants of space in the Building or Landlord’s existing and future needs in connection with the operation of the Building), provided further, that if such additional electrical capacity is not available on the Building’s ▇▇▇▇ duct system in Landlord’s reasonable determination and Tenant’s requirements necessitate installation of an additional riser, risers or other proper and necessary equipment, any additional risers or risers required by Tenant to supply Tenant’s electrical requirements in excess of the Electrical Capacity and all other equipment proper and necessary in connection therewith, upon request of Tenant, will, subject to the limitations hereinafter set forth, be installed by Landlord, at Tenant’s sole cost and expense (except in such case where Landlord installs a riser with excess capacity to serve other tenants or the Building, in which case Tenant’s cost shall be based on the proportion which the additional electricity furnished to Tenant bears to the total electric capacity of such additional riser, risers or other equipment), if, in Landlord’s reasonable judgment, the same are necessary and will not cause or create a hazardous condition, unreasonably excessive or unreasonable alterations, repairs or expense or interfere (by more than a de minimis extent) with or disturb other tenants (taking into account the future needs of existing and future occupants of space in the Building or Landlord’s existing and future needs in the operation of the Building) or cause damage or injury to the Building.
(x) Notwithstanding anything to the contrary contained herein, in the event that Tenant shall have reallocated or reduced the electrical capacity with respect to any floor of the Premises (or portion thereof), then at such time as Tenant shall surrender such floor (or portion thereof) to Landlord under Articles 33 or Sections 14.4 or 14.5 hereof, Tenant, at its sole cost and expense, shall reinstate all electric capacity on such floor (or portion thereof) as may have been reallocated or otherwise decreased as a result of any Tenant’s use thereof such that the electric capacity serving such floor is not less than the electrical capacity for such floor (or portion thereof) on the date such floor (or portion thereof) was delivered to Tenant; provided, however, that Tenant shall not be required to reinstate such electric capacity with respect to such floor of the Premises (or portion thereof) to more than the greater of (x) eight (8) ▇▇▇▇▇ per useable square foot of said floor of the Premises (or portion thereof) or (y) the electrical capacity therefor that is expressly set forth in the Offer Notice with respect to such floor (or portion thereof).
(c) If any taxes or charges are or shall be imposed upon Landlord or its agent all lampsin connection with the sale or resale of electricity to Tenant (other than income taxes), starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all timeswhere permitted by law, its use Tenant’s pro rata share of electric current shall never exceed the capacity of the feeders to the Building such taxes or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises charges shall be subject passed on to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost Tenant and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord or its agent within five thirty (530) days after rendition of any b▇▇▇ days, as Additional Rent, without set off or statements deduction.
(d) Landlord reserves the right to discontinue furnishing electricity to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in any portions of the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service at any time upon not less than thirty (30) days’ notice to Tenant or such longer period as shall be reasonably necessary for Tenant to obtain electric energy from a third party service provider, but Landlord shall exercise such right only if required to do so by applicable Legal Requirements. If Landlord shall so discontinue the furnishing of electricity as provided herein, this Lease shall be unaffected thereby, except that, from and after the effective date of such discontinuance, (i) Tenant shall arrange to obtain electricity for such portions of the Premises directly from the public utility company supplying electricity to the Building, (ii) all meters, equipment and other facilities which may be required for Tenant to obtain electricity directly from such public utility company shall be installed by Landlord, and the actual out-of-pocket cost thereof shall be payable to Landlord by Tenant within thirty (30) days, as Additional Rent, without being set off or deduction, if in Landlord’s reasonable judgment the same are necessary, (iii) any such installation shall be maintained by Tenant, at its expense, and shall be subject to such conditions as Landlord and/or the public utility company may require, and Landlord shall not be liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, rule or regulation now or hereafter enacted, promulgated, promulgated or issued. In , and (iv) Tenant shall no longer be obligated to pay to Landlord the event that Landlord gives such notice of discontinuanceElectricity Additional Rent under Section 10.2(b)(iv).
(e) Notwithstanding anything to the contrary contained herein, Landlord shall permit not in any way be liable or responsible to Tenant for any loss, damage or expense which Tenant may sustain or incur as a result of the unavailability of or interruption in the supply of electricity to the Premises or a change in the quantity or character or nature of such current and such change, interruption or unavailability shall not constitute an actual or constructive eviction, in whole or in part, or subject to Section 6.4 hereof, entitle Tenant to receive such service directly any abatement or diminution of rent, or relieve Tenant from such public utility company any of its obligations under this Lease, or impose any liability upon Landlord or any Landlord Party, by reason of inconvenience or annoyance to Tenant, or injury to or interruption of Tenant’s business, or otherwise.
(f) At Tenant’s request, Landlord shall furnish, install and shall permit replace, as required, all lighting tubes, lamps, bulbs and ballasts required in the Premises at Tenant’s sole cost and expense provided that Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith charges therefor shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of TenantLandlord’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased regular rates in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, effect from time to time hereaftertime, be increased pursuant and not materially in excess of the rates for similar materials and services provided by landlords in other First Class Office Buildings. All lighting tubes, lamps, bulbs and ballasts so installed shall become Landlord’s property upon the expiration or sooner termination of this Lease. Notwithstanding anything to the terms contrary herein, Tenant shall use Landlord’s contractor or a contractor reasonably approved by Landlord for any installation or replacement of Sections 16.04 such lighting tubes, lamps, bulbs and 16.05 ballasts.
(g) For any portion of this Articlethe Premises comprising less than a full floor of the New Tower Building (each, is hereinafter called the Electricity Factor.a “Partial Floor”), Tenant shall pay to Landlord, a
Appears in 1 contract
Sources: Lease Agreement (MSCI Inc.)
Electricity. 16.01 Subject (a) Landlord shall supply electricity to the terms Premises to ----------- meet a demand requirement not to exceed 3.0 ▇▇▇▇▇ per square foot of Section 16.03Premises Rentable Area for standard single-phase 120 volt alternating current and Tenant agrees in its use of the Premises (i) not to exceed such requirements and (ii) that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. If, without in any way derogating from the foregoing limitation, Tenant shall require electricity in excess of the requirements set forth above, Tenant shall notify Landlord and Landlord may (without being obligated to do so) supply such additional service or equipment at Tenant's sole cost and expense. Landlord shall purchase and install, at Tenant's expense (which shall be computed using Landlord's actual cost plus a reasonable administrative charge), all lamps, tubes, bulbs, starters and ballasts. 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 personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, word and data processors, clocks, radios, hand-held or desk top calculators, dictaphones, desktop computers and other similar small electrical equipment normally found in business offices and not drawing more than 15 amps at 120/208 volts. Landlord has advised Tenant that, as of the date hereof, the Building has electrical equipment and supply providing 1,200 amp, 277/480 volt, 3-phase, 4-wire service, with the main switch in the second floor electric closet, and a tenant ▇▇▇▇ duct in electric closets on each floor. Landlord reserves the right to modify the Building system from time to time, provided that the service to the Premises, as hereinabove stated, is not diminished.
(b) From time to time during the Term of this Lease, Landlord shall furnish have the right to have an independent electrical service consultant selected by Landlord make a survey of Tenant's electric usage, the result of which survey 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), in addition to any other rights Landlord may have hereunder, Tenant shall, upon demand, reimburse Landlord for the actual cost of such survey (plus a reasonable administrative fee) and the cost, as determined by such consultant, of electricity usage in excess of such requirements as an additional charge.
(c) Landlord shall have the right to either (A) discontinue furnishing electricity to the Demised Premises during business hours at any time upon not less than thirty (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract30) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible days' notice to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, provided Landlord shall, at Landlord's expense (unless such action results from Tenant's having exceeded the sole cost and expense of Tenantrequirements in paragraph (a) above), install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that separately meter the same will cause permanent damage or injury Premises directly to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairsapplicable public utility company, or expense(B) install at Landlord's expense (unless such action results from Tenant's having exceeded the requirements in paragraph (a) above), or interfere witha so called "check meter" which measures the actual electric usage in the Premises. If Landlord exercises such right under clause (A), or disturbfrom and after the effective date of such discontinuance, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition furnish electricity to the Premises. If Landlord exercises such right in clause (B) from and after the date of installation of such riser or riserscheck meter, tenant's electric cost for the Premises shall be determined periodically by Landlord will also(based on such meter readings), at using the sole cost and expense of Tenant, install all rate (per kilowatt/hour) paid by Landlord for electricity to other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All portions of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issuedBuilding. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: either case:
(i) Tenant in the computation of Operating Expenses, only the cost of electricity supplied to those portions of the Building other than those leased or intended to be leased to tenants for their exclusive use and occupancy, i.e., only those areas which are so-called common areas, shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and be included;
(ii) as of Tenant shall no longer be required to pay the date upon which Landlord discontinues furnishing electric current to TenantEstimated Electricity Payment, (a) the annual fixed rent reserved under this lease and Base Operating Expenses shall be reduced by $1,380.00 0.95 per square foot of Building Rentable Area; and
(as such amount may have been previously increased in accordance with iii) Landlord shall permit Landlord's existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant provided that the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount limits set forth in sub-subdivision paragraph (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factorshall not be exceeded, and Tenant shall be responsible for payment of all electricity charges directly to such utility.
(d) Tenant shall not at any time contract to purchase electricity from any provider (an "ASP") other than the said amount, as the same may, service provider from whom Landlord from time to time hereaftershall purchase electricity for the common areas of the Building, or give any such ASP permission to install lines or other equipment, without in each case obtaining the Landlord's prior written consent. Such consent shall not be increased pursuant unreasonably withheld or delayed, provided that it shall not be unreasonable in any case for Landlord to require: (i) that Landlord shall not be required to incur any expense in connection with any aspect of the service to be provided by Tenant's ASP, including without limitation, the cost of installation, service and/or removal of equipment, fixtures or materials associated therewith; (ii) that prior to the terms commencement of Sections 16.04 any work in the Building by the ASP, Landlord shall have been furnished with information (acceptable to Landlord in its sole discretion) as to the ASP's financial condition, business reputation and 16.05 insurance coverage; (iii) that Landlord shall have determined that there is sufficient space in the Premises and in any common electrical closets (for which Landlord may charge a reasonable fee) or other facilities for the ASP to install, maintain and repair its equipment, and that the installation, maintenance and repair of this Articlesuch equipment shall not have any detrimental effect on the Building, is hereinafter called the Electricity FactorProperty or on the property or facilities of any other tenant or occupant of any part thereof; (iv) that Tenant and/or the ASP shall have obtained all necessary permits, licenses and approvals; (v) that Landlord shall have the right to have access to any equipment placed in the Building for purposes of inspection and ensuring compliance herewith; and (vi) that Tenant's agreement with the ASP shall not result in any adverse financial impact on Landlord or the other tenants in the Building. Tenant shall be solely responsible for any and all costs and expenses incurred in connection with the installation, use, maintenance, repair and removal of such equipment and shall indemnify, defend and hold Landlord harmless from and against any loss, cost, damage or expense suffered by Landlord as a result of Tenant's arrangements with its ASP (except to the extent arising from Landlord's grossly negligent acts or omissions). Landlord shall have no liability for the service to be provided by any ASP, including without limitation any loss or interruption of service or any damages to Tenant or its business arising therefrom.
Appears in 1 contract
Electricity. 16.01 Subject Section 13.1 Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the terms Building. The risers servicing the Premises shall be capable of Section 16.03furnishing six (6) w▇▇▇▇ demand load of electricity per gross square foot of the Premises (exclusive of base Building HVAC). Tenant’s use and consumption of electricity shall not exceed a demand load of six (6) w▇▇▇▇ per g▇▇▇▇ square foot of the Premises. Tenant shall not use any electrical equipment which, Landlord shall furnish in Landlord’s sole reasonable judgment, would exceed such capacity of the risers serving the Premises or interfere with the electrical service to other tenants of the Demised Premises during business hours (i.e.Building. In the event that, 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole reasonable judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect theretoexceed such capacity, Landlord shall, at the sole cost and expense shall so notify Tenant of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installationsame, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of immediately cease such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewithusage, subject to the aforesaid terms and conditionsprovisions of this Section 13.1. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within Within five (5) days after receipt of such notice, Tenant shall notify Landlord that it shall permanently cease such usage or shall request that additional electrical capacity (specifying the amount requested) be made available to Tenant. Landlord, in Landlord’s sole judgment, shall determine whether to make available such additional electrical capacity to Tenant and the amount, if any, to be made available. If Landlord shall agree to make available such additional electrical capacity and the same necessitate installation of an additional riser, risers or other proper and necessary equipment, the same shall be installed by Landlord, within the limits of the switchgear, provided, however, that Landlord, in Landlord’s sole reasonable judgment (taking into consideration the potential needs of present and future tenants of the Building and of the Building itself), determines that such installation is practicable. Any such installation shall be made by Landlord, at Tenant’s sole expense, and shall be chargeable and collectible as additional rent and paid within ten (10) days after the rendition of any a b▇▇▇ or statements to Tenant therefor. If Landlord, in Landlord’s sole judgment, shall determine not to make available such additional electrical capacity, Tenant shall have no further right to such additional capacity. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the gross negligence or willful malfeasance of Landlord, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Landlord.
16.03 Provided that it (A) Unless Landlord is physically possible for required by any Requirement or by the rules and regulations of the public utility to have Tenant to receive electric current in the Demised Premises directly obtain electricity from the public utility company furnishing electricity to the Building pursuant to the provisions of Section 13.3 hereof, electricity shall be supplied by Landlord to the Premises and Tenant shall pay to Landlord, as additional rent for such service, the amounts (the “Electricity Additional Rent”) as determined by a meter or submeter (installed by Landlord, at Tenant’s cost, for the purposes of measuring such consumption) at charges, terms and rates set from time to time during the Term by the public utility corporation serving the area Building under the service classification in effect pursuant to which Landlord purchases electricity, plus an amount equal to five percent (5%) of the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant charge therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit as Landlord’s wires administrative charge for overhead and conduits, to supervision.
(B) Where more than one meter measures the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current electricity supplied to Tenant, (a) the annual fixed rent reserved under this lease total electricity rendered through all meters shall be reduced by $1,380.00 (as such amount may have been previously increased computed and billed in the aggregate in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) hereinabove set forth. Bills for the Electricity Additional Rent shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factorrendered to Tenant at such time as Landlord may elect, and Tenant shall pay the said amount, as the same may, from time amount shown thereon to time hereafter, be increased pursuant to the terms Landlord within ten (10) days after receipt of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factorsuch b▇▇▇.
Appears in 1 contract
Electricity. 16.01 Subject 6.1. Tenant shall obtain and pay for Tenant’s separate supply of electric current and gas energy by direct application to the terms of Section 16.03, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenantarrangement with, the charge for public utility companies servicing the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this ArticleProperty. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not have the option to furnish electric current and gas energy to the Premises (including the supply of electric current and gas energy to the Premises (including the supply of electric current and gas energy required to operate the HVAC Units servicing the Premises)) on a check-metering basis. If Landlord elects to furnish electric current and/or gas energy to the Premises on a check-metering basis, then Landlord may install one or more check-meters at its expense and Tenant shall pay, within fifteen (15) days after delivery by Landlord of statements therefor, all charges for such electric current and/or gas energy used or consumed in any way be liable or responsible to the Premises by Tenant for any lossand registered by such meter(s), damage, or expense provided that Tenant may sustain or incur shall not be charged more than the rates it would be charged for the same services if either furnished directly to the quantity or character Premises by such public utility.
6.2. The electrical conduit, feeders and wiring serving the Premises (exclusive of any special Tenant requirements) shall allow for an electrical service is changed, is no longer available, or is unsuitable demand load of six (6) ▇▇▇▇▇ per rentable square foot for lighting and power (exclusive of electricity consumed by the HVAC Units servicing the Premises). Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current in the Premises shall never not exceed the capacity of any electrical conductors and equipment in or otherwise serving the Premises. Tenant shall not, without the prior consent of Landlord, make or perform or permit any alteration to wiring installations or other electrical facilities or to any other facilities for the supply of electric current located in or serving the Premises. If Landlord grants such consent, all additional conduit, feeders to the Building and wiring and other equipment or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises other facilities required therefor shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, provided and/or installed by Landlord shall, in its sole judgment, determine that and the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole reasonable cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and thereof shall be paid by Tenant to Landlord as Additional Rent within five fifteen (515) days after rendition of any b▇▇▇ or statements to Tenant demand therefor.
16.03 Provided that it is physically possible 6.3. Except as may be specifically provided herein, Landlord shall not be liable to Tenant for Tenant to receive any reduction in service, failure, or defect in the supply or character of electric current furnished to the Premises where such reduction in the Demised Premises directly service, failure, or defect is required by Legal Requirements or results from any requirement, act or omission of the public utility company serving supplying electricity to the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, ruleProperty, or regulation now for any other reason whatsoever other than as a result of the negligence or hereafter enactedwrongful acts or omissions of Landlord, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, Affiliates or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity FactorProperty Employees.
Appears in 1 contract
Sources: Lease Agreement (Antares Pharma Inc)
Electricity. 16.01 Subject to the terms of Section 16.03, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this leaseLandlord, subject to adjustment 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 provided defined in Section 16.04 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 this Articleall 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. Notwithstanding Tenant shall pay the foregoingamount due for any billing period within fifteen (15) days after being billed therefor, howeverwhich 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 not be required to furnish, and Tenant agrees that shall not install a connected load (including all of Tenant's equipment and systems, but excluding the Building Systems and HVAC) or otherwise draw, in excess of six (6) ▇▇▇▇▇ per usable square foot of Premises.
(d) If any tax is imposed upon Landlord's receipts from the sale or resale of electric energy to Tenant (directly or indirectly through a general tax on such receipts) by any federal, state or municipal authority, then Tenant shall pay, or reimburse Landlord, such taxes (or its share thereof) in addition to the submetered charges.
(e) Tenant will at all times comply with all rules and regulations of the Utility Company, to the extent the same are applicable to its use of electric energy in the Premises.
(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 liable or responsible to Tenant for any loss, damage, damage or expense that which Tenant may sustain or incur if either (i) the supply of electric energy to the Premises is temporarily interrupted, or (ii) the quantity or character of electrical electric service is changed, changed or is no longer available, available or is unsuitable suitable for Tenant’s 's requirements. At , except to the extent resulting from Landlord’s '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 Premises; and in such event, Tenant shall purchase from pay to Landlord or its agent all lamps, starters, ballasts, designated contractor upon demand the then established reasonable charges therefor of Landlord or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amountdesignated contractor, as the same maycase may be, from time to time hereafter, which shall be increased pursuant to at the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factorthen market rates therefor.
Appears in 1 contract
Sources: Lease (Ion Networks Inc)
Electricity. 16.01 Subject Section 13.1 Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the terms Building. The risers servicing the Premises shall be capable of Section 16.03furnishing six (6) ▇▇▇▇▇ demand load of electricity per gross square foot of the Premises (exclusive of base Building HVAC). Tenant’s use and consumption of electricity shall not exceed a demand load of six (6) ▇▇▇▇▇ per ▇▇▇▇▇ square foot of the Premises. Tenant shall not use any electrical equipment which, Landlord shall furnish in Landlord’s sole reasonable judgment, would exceed such capacity of the risers serving the Premises or interfere with the electrical service to other tenants of the Demised Premises during business hours (i.e.Building. In the event that, 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole reasonable judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect theretoexceed such capacity, Landlord shall, at the sole cost and expense shall so notify Tenant of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installationsame, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of immediately cease such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewithusage, subject to the aforesaid terms and conditionsprovisions of this Section 13.1. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within Within five (5) days after receipt of such notice, Tenant shall notify Landlord that it shall permanently cease such usage or shall request that additional electrical capacity (specifying the amount requested) be made available to Tenant. Landlord, in Landlord’s sole judgment, shall determine whether to make available such additional electrical capacity to Tenant and the amount, if any, to be made available. If Landlord shall agree to make available such additional electrical capacity and the same necessitate installation of an additional riser, risers or other proper and necessary equipment, the same shall be installed by Landlord, within the limits of the switchgear, provided, however, that Landlord, in Landlord’s sole reasonable judgment (taking into consideration the potential needs of present and future tenants of the Building and of the Building itself), determines that such installation is practicable. Any such installation shall be made by Landlord, at Tenant’s sole expense, and shall be chargeable and collectible as additional rent and paid within ten (10) days after the rendition of any ba ▇▇▇▇ or statements to Tenant therefor. If Landlord, in Landlord’s sole judgment, shall determine not to make available such additional electrical capacity, Tenant shall have no further right to such additional capacity. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the gross negligence or willful malfeasance of Landlord, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Landlord.
16.03 Provided that it Section 13.2 (A) Unless Landlord is physically possible for required by any Requirement or by the rules and regulations of the public utility to have Tenant to receive electric current in the Demised Premises directly obtain electricity from the public utility company serving the area in which furnishing electricity to the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice pursuant to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) 13.3 hereof, electricity shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called supplied by Landlord to the Initial Electricity Factor, Premises and the said amountTenant shall pay to Landlord, as additional rent for such service, the same mayamounts (the “Electricity Additional Rent”) as determined by a meter or submeter (installed by Landlord, at Tenant’s cost, for the purposes of measuring such consumption) at charges, terms and rates set from time to time hereafter, be increased during the Term by the public utility corporation serving the Building under the service classification in effect pursuant to which Landlord purchases electricity, plus an amount equal to five percent (5%) of the terms of Sections 16.04 charge therefor as Landlord’s administrative charge for overhead and 16.05 of this Article, is hereinafter called the Electricity Factorsupervision.
Appears in 1 contract
Sources: Lease Agreement
Electricity. 16.01 Subject 41.01 Tenant acknowledges and agrees that electric service shall be supplied to the terms Premises on a “rent inclusion basis” in accordance with the provisions of Section 16.03this Article 41 (subject to Landlord’s right, in its sole discretion, to furnish such electricity on a “submetering” basis as provided for herein).
41.02 Electricity and electric service, as used herein, shall mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including but not limited to services which facilitate the distribution of service.
41.03 If and so long as Landlord provides electricity to the Premises on a rent inclusion basis, Tenant agrees that the Fixed Annual Rent shall furnish be increased by the amount of the Electricity Rent Inclusion Factor (“ERIF”), as hereinafter defined. Tenant acknowledges and agrees (i) that the Fixed Annual Rent hereinabove set forth in this Lease does not yet, but is to include an ERIF of $3.00 per rentable square foot to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service, and Tenant shall pay for Tenant’s Share of Building electric current (i.e., all electricity used in lighting the public and service areas, and in operating all the service facilities, of the Building and the parties acknowledge and agree that twenty percent (20%) of the Building's payment to the public utility or other service providers for the purchase of electricity shall be deemed to be payment for Building electric current) which shall be paid for by Tenant in accordance with provisions hereof; and (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant’s connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called “Ordinary Equipment”) during ordinary business hours (“Ordinary Business Hours” shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 ½ ▇▇▇▇▇ of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant in excess of the foregoing and the charge for Tenant’s Share of Building electric current shall result in adjustment of the ERIF as hereinafter provided. For purposes of this Article, the rentable square foot area of the Premises shall be deemed to be 8,897 square feet.
41.04 If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to November 1, 2005 (whether such change occurs prior to or during the term of this Lease), by change in Landlord’s electric rates or service classifications, or electricity charges, including changes in market prices, or by an increase, subsequent to the last such electric rate or service classification change or market price change, in fuel adjustments or charges of any kind, or by taxes, imposed on Landlord’s electricity purchases or on Landlord’s electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in electric rates, service classifications or market prices, and, also Tenant’s payment obligation, for electricity redistribution, shall change from time to time so as to reflect any such increase in fuel adjustments or charges, and such taxes. Any such percentage change in Landlord’s cost due to change in Landlord’s electric rate or service classifications or market prices, shall be computed on the basis of the average consumption of electricity for the Building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification or market price which existed immediately prior to the change. The parties agree that a reputable, independent electrical consultant firm, selected by Landlord (“Landlord’s Electrical Consultant”), shall determine the percentage change for the changes in ERIF due to Landlord’s changed costs and the charge to Tenant for Tenant’s Share of Building electric current, and that Landlord’s Electrical Consultant may from time to time make surveys in the Premises of the electrical equipment and fixtures and use of current.
(i) If such survey shall reflect a connected electrical load in excess of 4 ½ ▇▇▇▇▇ of electricity for all purposes per rentable square foot and/or energy usage in excess of Ordinary Business Hours (each such excess hereinafter called “excess electricity”) then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis of the then existing ERIF. Such fractions shall be determined by Landlord’s Electrical Consultant. The Fixed Annual Rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey.
(ii) If such survey shall disclose installation and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of Fixed Annual Rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid under the SC-4 Rate I Service Classification in effect on November 1, 2005 (and not the time-of-day rate schedule) or the comparable rate schedule (and not the time-of-day rate schedule) of any utility other than Con Ed then providing electrical service to the Demised Premises during business building as same shall be in effect on the date of such survey for such load and usage of electricity, with the connected electrical load deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (i.e.KWH), 8:00 A.M. to 6:00 P.M. on Mondays through Fridaysas hereinbefore provided, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided which addition to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service ERIF shall be furnished without specific measurementincreased by all electricity cost changes of Landlord, as hereinabove provided, from November 1, 2005 through the date of billing).
41.05 In no event, whether because of surveys, rates or cost changes, or for any reason, is the originally specified $3.00 per rentable square foot ERIF portion of the fixed annual rent (plus any net increase thereof by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to November 1, 2005) to be reduced.
41.06 The determinations by Landlord’s Electrical Consultant shall be binding and conclusive on any meter or otherwise, Landlord and without additional specific charge Tenant from and after the delivery of copies of such determinations to Landlord and Tenant, unless, within thirty (30) days after delivery thereof, Tenant disputes such determination. If Tenant so disputes the charge for determination, it shall, at its own expense, obtain from a reputable, independent electrical consultant its own determinations in accordance with the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 provisions of this Article. Notwithstanding Tenant’s consultant and Landlord’s consultant then shall seek to agree. If they cannot agree within thirty (30) days they shall choose a third reputable electrical consultant, whose cost shall be shared equally by the foregoingparties, to make similar determinations which shall be controlling. (If they cannot agree on such third consultant within ten (10) days, then either party may apply to the Supreme Court in the County of New York for such appointment.) However, pending such controlling determinations Tenant shall pay to Landlord the amount of Additional Rent or ERIF in accordance with the determinations of Landlord’s Electrical Consultant. If the controlling determinations differ from Landlord’s Electrical Consultant, then the parties shall promptly make adjustment for any deficiency owed by Tenant or overage paid by Tenant.
41.07 If and so long as Landlord provides electricity to the Premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord’s designated agent at charges, terms and rates set, from time to time, during the term of this Lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the Building is located; provided however, said charges shall be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire Building, by reason of increase in Landlord’s electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord’s electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments or by taxes or charges of any kind imposed on Landlord’s electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord’s billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the rate and/or service classification change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the Building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, Additional Rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the Premises without releasing Tenant from any liability under this Lease and without Landlord or Landlord’s agent incurring any liability for any damage or loss sustained by Tenant by such discontinuance of service. If any tax is imposed upon Landlord’s receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant’s pro-rata share of such taxes shall be passed on to and included in the ▇▇▇▇ of, and paid by, Tenant to Landlord.
41.08 If all or part of the submetering Additional Rent or the ERIF payable in accordance with Section 41.03 or 41.04 of this Article becomes uncollectible or reduced or refunded by virtue of any law, order or regulations, the parties agree that, at Landlord’s option, in lieu of submetering Additional Rent or ERIF, and in consideration of Tenant’s use of the Building’s electrical distribution system and receipt of redistributed electricity and payment by Landlord of consultant’s fees and other redistribution costs, the Fixed Annual Rental rate(s) to be paid under this Agreement shall be increased by an “alternative charge” which shall be a sum equal to $3.00 per year per rentable square foot of the Premises, changed in the same percentage as any increase in the cost to Landlord for electricity for the entire Building subsequent to November 1, 2005, because of electric rate, service classification or market price changes, such percentage change to be computed as in Section 41.04 provided.
41.09 Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, loss or damage or expense that which Tenant may sustain or incur if either the quantity or character of electrical electric service is changed, changed or is no longer available, available or is unsuitable suitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, that at all times, times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the wiring installation. Any riser or risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect theretorequirements, Landlord shallupon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determineif, in its Landlord’s sole judgment, that the same are necessary and will not cause permanent damage or injury to the Building or to the Demised Premises, Premises or cause or create a dangerous or hazardous condition, condition or entail excessive or unreasonable alterations, repairs, repairs or expense, expense or interfere with, with or disturb, the disturb other Tenants tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consentoccupants. In addition to the installation of such riser or risers, Landlord will also, also at the sole cost and expense of Tenant, install all other equipment proper and necessary and proper in connection therewith, therewith subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided The parties acknowledge that they understand that it is physically possible for Tenant to receive anticipated that electric current rates, charges, etc., may be changed by virtue of time-of-day rates or changes in other methods of billing, and/or electricity purchases and the redistribution thereof, and fluctuation in the Demised Premises directly from market price of electricity, and that the references in the foregoing paragraphs to changes in methods of or rules on billing are intended to include any such changes. Anything hereinabove to the contrary notwithstanding, in no event is the submetering Additional Rent or ERIF, or any “alternative charge”, to be less than an amount equal to the total of Landlord’s payments to public utility company serving utilities and/or other providers for the area in which electricity consumed by Tenant (and any taxes thereon or on redistribution of same) plus 5% thereof for transmission line loss, plus 15% thereof for other redistribution costs. The Landlord reserves the Building is locatedright, Landlord may discontinue the aforesaid service at any time upon thirty (30) days’ written notice, to change its furnishing of electricity to Tenant from a rent inclusion basis to a submetering basis, or vice versa, or to change to the distribution of less than all the components of the existing service to Tenant. The Landlord reserves the right to terminate the furnishing of electricity on a rent inclusion, submetering, or any other basis at any time, upon thirty (30) days’ written notice to the Tenant, in which event the Tenant without being liable may make application directly to Tenant therefor the public utility and/or other providers for the Tenant’s entire separate supply of electric current and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s its wires and conduits, to the extent available, suitable available and safely capable, to be used for such purpose, but only to the extent of Tenant’s then authorized load. Any additional wiresmeters, conduitsrisers, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.or connec
Appears in 1 contract
Sources: Lease Agreement (Fusion Telecommunications International Inc)
Electricity. 16.01 A. Subject to the terms of Section 16.03F of this Article, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) demised premises for lighting the same and for the operation of normal office equipment (such as typewriterssuch as personal computers and printers, computers, calculators photocopying machines and copy telephone facsimile machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way wise be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur incur, and Landlord shall not otherwise be liable or responsible, if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At 's requirements or the utility company providing electrical service to the Building is unable to provide sufficient electrical power to the Building, unless caused by Landlord’s option, Tenant shall purchase from Landlord 's gross negligence or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premiseswillful misconduct.
16.02 B. Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereofthereof and Landlord agrees that Tenant's use of up to twelve (12) ▇▇▇▇▇ per usable square feet (connected load) of electricity in the demised premises shall not cause such capacity to be exceeded and acknowledges that Tenant intends to use up to such electrical capacity in the demised premises. Tenant shall, at its expense, and as part of Tenant's Work be responsible for providing risers adequate to bring such capacity to the demised premises, and subject to Tenant's compliance with Article 41 with regard to Tenant's Work, Landlord agrees to reasonably cooperate with Tenant in connection therewith, including providing Tenant access to the Building's electric service. Tenant shall comply with the rules and regulations of the Landlord in connection with such work. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, appliances or equipment within the Demised Premises demised premises shall be subject to Landlord’s 's prior written approvalapproval in each instance, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole reasonable judgment, determine that the risers of the Building servicing the Demised Premises demised premises shall be insufficient to supply Tenant’s 's electrical requirements with respect thereto, Landlord Tenant shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premisesdemised premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants tenants or occupants of the Building, then Landlord shall not be obligated to permit Tenant to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s 's consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five thirty (530) days after rendition of any b▇▇▇▇ or statements statement to Tenant therefor. Notwithstanding the foregoing, Landlord hereby approves the Electrical Upgrading Work.
16.03 Provided that it is physically possible for Tenant C. Landlord shall, at Tenant's sole cost and expense, install one or more meters to receive electric current in measure the Demised Premises directly from amount of Usage (as hereinafter defined). Where more than one meter measures the public utility company serving the area in which the Building is locatedamount of Usage, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith Usage through each meter shall be installed by Landlord in accordance with the terms of, computed separately and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased billed in accordance with the provisions of Sections 16.04 and 16.05 this Article.
D. For purposes of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.:
Appears in 1 contract
Sources: Office Lease (Thestreet Com)
Electricity. 16.01 Subject (a) Tenant shall at all times comply with the rules, regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility company supplying electricity to the terms Building. The risers serving the Premises shall be capable of Section 16.03supplying seven (7) ▇▇▇▇▇ of electricity per rentable square foot of the Premises (exclusive of power for HVAC service through the Building Systems), and Tenant shall not use any electrical equipment which, in Landlord's reasonable judgment, would exceed such capacity or interfere with the electrical service to other tenants of the Building.
(b) If Tenant's electrical requirements exceed seven (7) ▇▇▇▇▇ per rentable square foot to such an extent as, in Landlord's reasonable judgment, would necessitate installation of an additional riser, risers or other proper and necessary equipment, Landlord shall furnish so notify Tenant of same. Within five (5) Business Days after receipt of such notice, Tenant shall either cease such use of such additional electricity or shall request that additional electrical capacity (specifying the amount requested) be made available to Tenant. Landlord, in Landlord's sole (but reasonable) judgment, shall determine whether to make available such additional electrical capacity to Tenant and the amount of such additional electrical capacity to be made available. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any switch-gear, the option which is least expensive to Tenant shall be installed by Landlord. Any such installation shall be made at Tenant's sole cost and expense, and shall be chargeable and collectible as additional rent and paid within thirty (30) days after the rendition of a ▇▇▇▇ to Tenant therefor. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Demised Premises during business hours by reason of any requirement, act or omission of the utility company serving the Building or for any other reason not attributable to the gross negligence or willful malfeasance of Landlord, whether electricity is provided by public or private utility company or by any electricity generation system owned and operated by Landlord.
(i.e.a) Unless Landlord elects or is required to have Tenant obtain electricity from the public utility company furnishing electricity to the Building pursuant to the provisions of Section 13.4 hereof, 8:00 A.M. electricity shall be supplied by Landlord to 6:00 P.M. on Mondays through Fridaysthe Premises and, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation period from and after the Rent Commencement Date, Tenant shall pay to Landlord, as additional rent for such service, the amounts (the "Electricity Additional Rent") as determined by a meter or submeter (installed by Landlord as part of normal office equipment Landlord's Work for the purpose of measuring such consumption) at the Cost Per Kilowatt Hour under the service classification in effect pursuant to which Landlord purchases electricity, plus an amount equal to three percent (such 3%) of the Electricity Additional Rent as typewriters, computers, calculators Landlord's administrative charge for overhead and copy machines) thereinsupervision. Except as provided In no event shall Tenant be required to pay any Electricity Additional Rent or administrative charge thereon for the period from the Commencement Date to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any Rent Commencement Date.
(b) Where more than one meter or otherwise, and without additional specific charge measures the electricity supplied to Tenant, the charge electricity rendered through each meter may be computed and billed separately in accordance with the provisions of Section 13.2(a). Bills for the furnishing Electricity Additional Rent and the administrative charge based thereon shall be rendered to Tenant from time to time at such times as Landlord may elect, and Tenant shall pay the amount shown thereon to Landlord within ten (10) days after receipt of such electrical service being included in the fixed rent reserved under this lease▇▇▇▇. Upon Tenant's request, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible provide to Tenant a copy of the utility ▇▇▇▇ utilized by Landlord to determine the Costs Per Kilowatt Hour which was, in turn, utilized to determine the Electricity Additional Rent for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s optionthen current ▇▇▇▇ therefor.
(c) If electricity shall hereafter be supplied to the Building on a "primary service" basis from the public utility company, Tenant shall purchase from not be required to pay to Landlord, as Escalation Rent or otherwise, any portion of the costs incurred by Landlord or its agent all lampsin converting the Building to such "primary service," and in such event, starters, ballasts, or bulbs used the 3% charge provided for in the Demised PremisesSection 13.2 (a) above shall no longer apply.
16.02 (a) If Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgmentgood faith, determine believe that the risers electrical meters or submeters servicing the Premises are not accurately measuring Tenant's electricity consumption in the Premises, Tenant shall have the right, upon written notice to Landlord, to have a reputable, licensed and independent electrical consultant inspect the meters or submeters, at Tenant's sole expense, to determine the accuracy of such meters or submeters. If Tenant's consultant determines that the meters or submeters are not accurately measuring Tenant's electricity consumption in the Premises, Tenant shall immediately give written notice thereof to Landlord, which notice shall be accompanied by a written report and certification by Tenant's electrical consultant specifying in detail all respects in which the electric meters or submeters are not accurately (to ANSI standards) measuring Tenant's electrical consumption in the Premises and any specific deficiencies in the meters or submeters. Upon receipt of Tenant's electrical consultant's report and certification, Landlord shall have the right to have Landlord's reputable, licensed and independent electrical consultant inspect, at Landlord's sole expense, the electric meters and submeters servicing the Premises. Upon completion of the Building inspection by Landlord's electrical consultant, Landlord shall provide to Tenant a copy of the written report and certification of Landlord's consultant. If the reports and certifications of the two electrical consultants do not agree, they shall together promptly seek to resolve any differences. If the two consultants cannot resolve their differences, they shall choose a third reputable, licensed and independent electrical consultant, the cost of which shall be shared equally by Landlord and Tenant, to make a similar inspection of the electric meters and submeters, and the determination of the third electrical consultant (which shall be made by means of a similar written report and certification) shall be binding upon Landlord and Tenant.
(b) If pursuant to Section 13.3(a) it shall be determined that the electric meters or submeters servicing the Demised Premises shall be insufficient are not accurately (to supply ANSI standards) measuring Tenant’s electrical requirements with respect thereto's electricity consumption in the Premises, Landlord shall, at the sole its cost and expense expense, make such repairs (or replacements) to the electric meters or submeters as shall be necessary so that such meters or submeters are accurate to ANSI standards. Until the date that such repairs (or replacements) are completed, Tenant shall continue to pay to Landlord the Electricity Additional Rent and administrative charge as billed by Landlord to Tenant pursuant to Section 13.2(a). Following completion of such repairs, Landlord and Tenant shall adjust the payments of Electricity Additional Rent and the administrative charge for the period from the date of Tenant's notice to Landlord (given pursuant to Section 13.3(a)), install to and including the date of completion of the repairs (or replacements) to the electric meters or submeters, and the amount of any additional feeder(s) that overpayment by Tenant shall be automatically credited against the next succeeding installments of Electricity Additional Rent thereafter due. In no event shall Tenant be entitled to any adjustment for Electricity Additional Rent for any period prior to the date of Tenant's notice to Landlord.
Section 13.4 If Landlord shall deem necessary with respect thereto, provided, however, that, be required to discontinue furnishing electricity to Tenant (which it shall only do if Landlord it is required to do so and only if it shall determine, in its sole judgment, that the same will cause permanent damage or injury simultaneously discontinue furnishing electricity to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the all other Tenants or occupants tenants of the Building), then Landlord shall give Tenant notice thereof and this Lease shall continue in full force and effect and shall be unaffected thereby, except that from and after the effective date of such discontinuance, Landlord shall not be obligated to make such installation, furnish electricity to Tenant and Tenant shall not make be obligated to pay the installation, alteration, or addition with respect to which Tenant requested Landlord’s consentElectricity Additional Rent. In addition Landlord shall not discontinue furnishing electricity to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and Premises until Tenant shall be paid by Tenant able to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises obtain electricity directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice and any necessary installations to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit enable Tenant to receive such service do so have been made. If Landlord so discontinues furnishing electricity to Tenant, Tenant shall make all necessary arrangements to obtain electric energy directly from such the public utility company and furnishing electric service to the Building. The costs of such service shall permit Landlord’s wires and conduitsbe paid by Tenant directly to such public utility. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, at no charge, to the extent the same are available, suitable and safely capable, to be used safe for such purposepurposes as determined by Landlord. Any All meters and all additional wirespanel boards, conduitsfeeders, or risers, wiring and other conductors and equipment necessary and proper in connection therewith which may be required for Tenant to obtain electricity directly shall be installed by Landlord and the actual, reasonable out-of-pocket costs incurred by Landlord so doing shall be shared equally by Landlord and Tenant (should any such feeders, risers, wiring and other conductors and equipment service other premises in accordance with the terms of, and subject addition to the conditions contained inPremises, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant costs thereof shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as be allocated pro rata to each of the date upon which Landlord discontinues furnishing electric current to Tenantpremises serviced thereby, (a) including the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity FactorPremises, and the said amountportion of such costs which are allocated to the Premises shall be shared equally by Landlord and Tenant, as the same mayaforesaid), from time Tenant's portion thereof being payable to time hereafterLandlord as additional rent within thirty (30) days following demand therefore, which demand shall be increased pursuant to the terms accompanied by reasonably satisfactory evidence of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factorsuch costs.
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Electricity. 16.01 Subject 41.01 Tenant acknowledges and agrees that electric service shall be supplied to the terms Premises on a “rent inclusion basis” in accordance with the provisions of Section 16.03this Article 41 (subject to Landlord’s right, in its sole discretion, to furnish such electricity on a “submetering” basis as provided for herein).
41.02 Electricity and electric service, as used herein, shall mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including but not limited to services which facilitate the distribution of service.
41.03 If and so long as Landlord provides electricity to the Premises on a rent inclusion basis, Tenant agrees that the Fixed Annual Rent shall furnish be increased by the amount of the Electricity Rent Inclusion Factor (“ERIF”), as hereinafter defined. Tenant acknowledges and agrees (i) that the Fixed Annual Rent hereinabove set forth in this Lease does not yet, but is to include an ERIF of $3.25 per rentable square foot to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service, and Tenant shall pay for Tenant’s Share of Building electric current (i.e., all electricity used in lighting the public and service areas, and in operating all the service facilities, of the Building and the parties acknowledge and agree that twenty percent (20%) of the Building’s payment to the public utility or other service providers for the purchase of electricity shall be deemed to be payment for Building electric current) which shall be paid for by Tenant in accordance with provisions hereof; and (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of Tenant’s connected electrical load, in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called “Ordinary Equipment”) during ordinary business hours (“Ordinary Business Hours” shall be deemed to mean 50 hours per week), with Landlord providing an average connected load of 4 1/2 ▇▇▇▇▇ of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant in excess of the foregoing and the charge for Tenant’s Share of Building electric current shall result in adjustment of the ERIF as hereinafter provided. For purposes of this Article, the rentable square foot area of the Premises shall be deemed to be 3,011 square feet.
41.04 If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to May 1, 1996 (whether such change occurs prior to or during the term of this Lease), by change in Landlord’s electric rates or service classifications, or electricity charges, including changes in market prices, or by an increase, subsequent to the last such electric rate or service classification change or market price change, in fuel adjustments or charges of any kind, or by taxes, imposed on Landlord’s electricity purchases or on Landlord’s electricity redistribution, or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in electric rates, service classifications or market prices, and, also Tenant’s payment obligation, for electricity redistribution, shall change from time to time so as to reflect any such increase in fuel adjustments or charges, and such taxes. Any such percentage change in Landlord’s cost due to change in Landlord’s electric rate or service classifications or market prices, shall be computed on the basis of the average consumption of electricity for the Building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price. If the average consumption (energy and demand) for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the rate and/or service classification or market price which existed immediately prior to the change. The parties agree that a reputable, independent electrical consultant firm, selected by Landlord (“Landlord’s Electrical Consultant”), shall determine the percentage change for the changes in ERIF due to Landlord’s changed costs and the charge to Tenant for Tenant’s Share of Building electric current, and that Landlord’s Electrical Consultant may from time to time make surveys in the Premises of the electrical equipment and fixtures and use of current.
(i) If such survey shall reflect a connected electrical load in excess of 4 1/2 ▇▇▇▇▇ of electricity for all purposes per rentable square foot and/or energy usage in excess of Ordinary Business Hours (each such excess hereinafter called “excess electricity”) then the connected electrical load and/or the hours of use portion(s) of the then existing ERIF shall be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis of the then existing ERIF. Such fractions shall be determined by Landlord’s Electrical Consultant. The Fixed Annual Rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey.
(ii) If such survey shall disclose installation and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of Fixed Annual Rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid under the SC-4 Rate I Service Classification in effect on May 1, 1996 (and not the time-of-day rate schedule) or the comparable rate schedule (and not the time-of-day rate schedule) of any utility other than Con Ed then providing electrical service to the Demised Premises during business building as same shall be in effect on the date of such survey for such load and usage of electricity, with the connected electrical load deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (i.e.KWH), 8:00 A.M. to 6:00 P.M. on Mondays through Fridaysas hereinbefore provided, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided which addition to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service ERIF shall be furnished without specific measurementincreased by all electricity cost changes of Landlord, as hereinabove provided, from May 1, 1996 through the date of billing).
41.05 In no event, whether because of surveys, rates or cost changes, or for any reason, is the originally specified $3.25 per rentable square foot ERIF portion of the fixed annual rent (plus any net increase thereof by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to May 1, 1996) to be reduced.
41.06 The determinations by Landlord’s Electrical Consultant shall be binding and conclusive on any meter or otherwise, Landlord and without additional specific charge Tenant from and after the delivery of copies of such determinations to Landlord and Tenant, unless, within fifteen (15) days after delivery thereof, Tenant disputes such determination. If Tenant so disputes the charge for determination, it shall, at its own expense, obtain from a reputable, independent electrical consultant its own determinations in accordance with the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 provisions of this Article. Notwithstanding Tenant’s consultant and Landlord’s consultant then shall seek to agree. If they cannot agree within thirty (30) days they shall choose a third reputable electrical consultant, whose cost shall be shared equally by the foregoingparties, to make similar determinations which shall be controlling. (If they cannot agree on such third consultant within ten (10) days, then either party may apply to the Supreme Court in the County of New York for such appointment.) However, pending such controlling determinations Tenant shall pay to Landlord the amount of Additional Rent or ERIF in accordance with the determinations of Landlord’s Electrical Consultant. If the controlling determinations differ from Landlord’s Electrical Consultant, then the parties shall promptly make adjustment for any deficiency owed by Tenant or overage paid by Tenant.
41.07 If and so long as Landlord provides electricity to the Premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord’s designated agent at charges, terms and rates set, from time to time, during the term of this Lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the Building is located; provided however, said charges shall be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire Building, by reason of increase in Landlord’s electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord’s electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments or by taxes or charges of any kind imposed on Landlord’s electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord’s billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the rate and/or service classification change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire Building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the Building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, Additional Rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the Premises without releasing Tenant from any liability under this Lease and without Landlord or Landlord’s agent incurring any liability for any damage or loss sustained by Tenant by such discontinuance of service. If any tax is imposed upon Landlord’s receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant’s pro-rata share of such taxes shall be passed on to and included in the ▇▇▇▇ of, and paid by, Tenant to Landlord.
41.08 At the option of Landlord, Tenant agrees that to purchase from Landlord or its agents all lamps and bulbs used in the Premises and to pay for the cost of installation thereof. If all or part of the submetering Additional Rent or the ERIF payable in accordance with Section 41.03 or 41.04 of this Article becomes uncollectible or reduced or refunded by virtue of any law, order or regulations, the parties agree that, at Landlord’s option, in lieu of submetering Additional Rent or ERIF, and in consideration of Tenant’s use of the Building’s electrical distribution system and receipt of redistributed electricity and payment by Landlord of consultant’s fees and other redistribution costs, the Fixed Annual Rental rate(s) to be paid under this Agreement shall be increased by an “alternative charge” which shall be a sum equal to $3.25 per year per rentable square foot of the Premises, changed in the same percentage as any increase in the cost to Landlord for electricity for the entire Building subsequent to May 1, 1996, because of electric rate, service classification or market price changes, such percentage change to be computed as in Section 41.04 provided.
41.09 Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, loss or damage or expense that which Tenant may sustain or incur if either the quantity or character of electrical electric service is changed, changed or is no longer available, available or is unsuitable suitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, that at all times, times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the wiring installation. Any riser or risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect theretorequirements, Landlord shallupon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determineif, in its Landlord’s sole judgment, that the same are necessary and will not cause permanent damage or injury to the Building or to the Demised Premises, Premises or cause or create a dangerous or hazardous condition, condition or entail excessive or unreasonable alterations, repairs, repairs or expense, expense or interfere with, with or disturb, the disturb other Tenants tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consentoccupants. In addition to the installation of such riser or risers, Landlord will also, also at the sole cost and expense of Tenant, install all other equipment proper and necessary and proper in connection therewith, therewith subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided The parties acknowledge that they understand that it is physically possible for Tenant to receive anticipated that electric current rates, charges, etc., may be changed by virtue of time-of-day rates or changes in other methods of billing, and/or electricity purchases and the redistribution thereof, and fluctuation in the Demised Premises directly from market price of electricity, and that the references in the foregoing paragraphs to changes in methods of or rules on billing are intended to include any such changes. Anything hereinabove to the contrary notwithstanding, in no event is the submetering Additional Rent or ERIF, or any “alternative charge”, to be less than an amount equal to the total of Landlord’s payments to public utility company serving utilities and/or other providers for the area in which electricity consumed by Tenant (and any taxes thereon or on redistribution of same) plus 5% thereof for transmission line loss, plus 15% thereof for other redistribution costs. Landlord reserves the Building is locatedright, Landlord may discontinue the aforesaid service at any time upon thirty (30) days’ written notice, to change its furnishing of electricity to Tenant from a rent inclusion basis to a submetering basis, or vice versa, or to change to the distribution of less than all the components of the existing service to Tenant. Landlord reserves the right to terminate the furnishing of electricity on a rent inclusion, submetering, or any other basis at any time, upon thirty (30) days’ written notice to Tenant, in which event Tenant without being liable may make application directly to Tenant therefor the public utility and/or other providers for Tenant’s entire separate supply of electric current and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s its wires and conduits, to the extent available, suitable available and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.u
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Electricity. 16.01 Subject to the terms of Section 16.03, (a) Landlord shall furnish electrical service electricity to the Demised Premises during business hours (i.e.for lights, 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays outlets and those days designated as holidays by the applicable Building supplemental HVAC service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge dedicated to Tenant, the charge for the furnishing ’s Premises to meet a so-called “connected load” requirement not to exceed six (6.0) ▇▇▇▇▇ at 277/480 volts per square foot of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this ArticlePremises Usable Area. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never the Premises not to exceed such requirement and that its total connected lighting load will not exceed the capacity of the feeders maximum from time to the Building or the risers or wiring installation thereoftime permitted under applicable governmental regulations. In connection therewithLandlord shall purchase and install, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply at Tenant’s electrical requirements with respect theretoexpense (without ▇▇▇▇-up or service charge), Landlord shallall replacement lamps, at the sole cost tubes, bulbs, starters and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, ballasts; provided, however, thatLandlord agrees to purchase and install, if at Landlord’s expense, any lamps, tubes, bulbs, starters and ballasts during the first three (3) months of the Term. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse affect on the Building’s electrical system, Tenant shall not, without Landlord’s prior consent, connect any fixtures, appliances or equipment to the Building’s electrical distribution system other than typewriters, printers, fax machines, pencil sharpeners, desk top calculators, dictaphones, photocopiers, personal computers, word processors, radios and other similar small electrical equipment normally found in business offices.
(b) Tenant shall be responsible for the payment of all electricity used and consumed in the Premises, including, without limitation for lights, outlets and supplemental HVAC service dedicated to Tenant’s Premises, provided however, once Tenant has installed the equipment in the Data Center, and such equipment is in operation, Tenant shall pay for all electricity used in the Data Center, allocated by Landlord on a per square foot basis to the Data Center. Landlord shall determine, install a separate check meter measuring the electricity used and consumed in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous conditionand from time to time, entail excessive or unreasonable alterationsbut not more than once per calendar month, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installationinvoice Tenant for electricity used and consumed in the Premises, and at Landlord’s cost therefore, without markup. Tenant shall not make pay Landlord the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible invoiced amount as additional rent, and shall be paid by Tenant to Landlord Additional Rent hereunder within five thirty (530) days after rendition receipt of any b▇▇▇ or statements each such invoice. The obligation to Tenant thereforpay for electricity used and consumed in the Premises during the last month of the Term hereof shall survive expiration of the Term.
16.03 Provided that it is physically possible for Tenant (c) Landlord shall have the right to receive electric current in discontinue furnishing electricity to the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service at any time upon not less than thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event provided that Landlord gives shall, at Landlord’s expense, separately meter the Premises directly to the applicable public utility company. If Landlord exercises such notice right, from and after the effective date of such discontinuance, Landlord shall permit Tenant not be obligated to receive such service directly from such public utility company furnish electricity to the Premises, and Landlord shall permit Landlord’s wires existing wires, risers, conduits and conduits, to the extent available, suitable and safely capable, other electrical equipment of Landlord to be used to supply electricity to Tenant provided that the limits set forth in paragraph (a) shall not be exceeded, and Tenant shall be responsible for payment of all electricity charges directly to such purpose. Any additional wiresutility.
(d) Notwithstanding anything to the contrary in this Article 7 or in this Lease contained, conduitsLandlord may institute, and Tenant shall comply with, such policies, programs and measures as may be reasonably necessary, required, or expedient for the conservation and/or preservation of energy or energy services, or as may be reasonably necessary or required to comply with applicable codes, rules, regulations or standards.
(e) When necessary by reason of accident or emergency, or for repair, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be made, or of difficulty or inability in securing supplies or labor, or of strikes, or of any other equipment necessary and proper in connection therewith shall cause beyond the reasonable control of Landlord, whether such other cause be installed by similar or dissimilar to those hereinabove specifically mentioned until said cause has been removed, Landlord in accordance with reserves the terms ofright to interrupt, and subject to the conditions contained incurtail, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: stop or suspend (i) Tenant shall contract for such electrical service directly with the said public utility for all furnishing of Tenant’s electric current requirements heating, elevator, air conditioning, and cleaning services and (ii) the operation of plumbing and electric systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, and perform any such repair or replacement in such a manner so as to minimize any unreasonably interference with Tenant’s use of the date upon which Landlord discontinues furnishing electric current to TenantPremises, (a) the annual fixed rent reserved under this lease but there shall be reduced by $1,380.00 (no diminution or abatement of rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant’s obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. Except as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision paragraph (af) below, no diminution or abatement of subdivision (ii) above is hereinafter called rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the Initial Electricity Factorobligations of Tenant be affected or reduced by reason of, and any such interruption, curtailment, suspension or stoppage in the said amountfurnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in Section 7.6 below, failure or omission on the same maypart of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from time to time hereafter, be increased pursuant to the terms prompt fulfillment of Sections 16.04 and 16.05 any of its covenants under this Article, is hereinafter called the Electricity FactorLease.
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Electricity. 16.01 Subject Landlord agrees to make available electrical services twenty-four (24) hours per day, 365 days per year in the amount necessary to service (i) all electrical devices and equipment in the Premises (not to exceed seven (7) ▇▇▇▇▇ per Rentable Square Foot in the Premises as specified below excluding equipment, if any, for which Tenant is already paying additional rent (e.g., a separate, non-base Building HVAC system), and (ii) common area restrooms, common areas and parking facilities for the Building at no additional cost to Tenant in excess of Tenant’s Pro Rata Share of Operating Expenses. Landlord shall furnish to the terms Premises electric current sufficient for HVAC (excluding any supplemental HVAC that is installed by Tenant or Landlord with respect to Tenant’s use or occupancy of Section 16.03the Premises) and, in addition to the electric current provided for said HV AC, electric current in accordance with the following specifications: (i) 2 ▇▇▇▇▇ per Rentable Square Foot of high voltage (480/277 volt) connected load for lighting facilities and other high voltage uses and (ii) 5 ▇▇▇▇▇ per Rentable Square Foot for low voltage (120/280 volt) connected load for outlets and other low voltage usage. Any costs to modify the existing electrical facilities that serve the Premises (including risers, transformers, and panel boxes) to provide such electrical capacity shall be borne by Tenant. Without the prior written consent of Landlord, which consent shall not be unreasonably conditioned, withheld or delayed, Tenant shall not install or operate any machinery, appliances or equipment in the Premises which (a) uses electrical current exceeding thirty (30) amperes at 110 volts on a single circuit, or (b) in any way increases the amount of electricity consumed in the Premises above the seven (7) ▇▇▇▇▇ per square foot amount stated above, and shall pay periodically as additional rent the additional expense incurred by the Landlord as a result thereof if Landlord (i) documents such excess usage, (ii) provides Tenant written notice of its findings, and (iii) Tenant does not reduce its consumption within thirty (30) days of its receipt of Landlord’s written notice. Landlord shall have the right from time to time to measure, using established commercially reasonable and objective calculation methods or one or more temporary or permanent submeters or other devices, the consumption of electricity by the Premises. The cost of such measuring shall be borne by Landlord unless such measuring indicates that the electricity being consumed upon the Premises exceeds seven (7) ▇▇▇▇▇ per square foot of rentable area in the Premises for lighting and Tenant’s equipment excluding any equipment for which Tenant is already paying additional rent (e.g., a separate, non-base Building HV AC system) for electric consumption, in which event Tenant shall reimburse Landlord for the actual out-of-pocket cost of such measuring (which cost shall not exceed the cost Landlord charges therefor to other tenants in the Building), and shall in addition pay to Landlord monthly, as additional rent, the cost incurred by Landlord thereafter in furnishing such additional electricity to the Premises, which cost shall be calculated based on the actual cost of electrical service charged by the service provider and estimated by Landlord using its reasonable discretion. In the event Tenant’s electrical usage exceeds the seven (7) ▇▇▇▇▇ amount stated above and is documented as provided for herein, Landlord shall furnish have the right to separately meter (and separately charge Tenant for the cost of installing a meter(s) (the “Submeter”) and for electrical service usage metered thereby). In the event a Submeter is installed, Landlord shall on a monthly basis (and no more than once per month), during the Term and any extension(s) thereof, read the Submeter to determine the Demised amount of the electricity consumed in the Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed since the last reading of the Submeter and then compute the cost of the electricity consumed by multiplying the cost per kilowatt hour charged by the State or Federal government as legal holidays and those days designated as holidays electric utility provider to Landlord for that period by the applicable Building service union employees contractamount of the kilowatt hours consumed. Promptly after such reading but no more than once per month, the Landlord shall invoice the Tenant for (i) for lighting the cost of the electric consumption in the Premises, and such amount shall be due and payable within thirty (30) days of Tenant’s receipt of the invoice (it being understood that such payments are not due at the same time as other payments of Rent hereunder). Tenant shall also have the right (at its sole cost and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwiseexpense, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approvalapproval regarding the design, andinstallation and location thereot) to elect to have Submeters on the Premises, if such approval and once those Submeters are installed, then Tenant shall be given, rigid conduit only shall be permitted. If, in connection with any request charged directly for such approval, Landlord shall, in its sole judgment, determine that the risers of electricity consumed within the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make no longer be responsible for the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation component of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible Operating Expenses for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services electricity consumed within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity FactorPremises.
Appears in 1 contract
Electricity. 16.01 Subject to the terms of Section 16.03, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) and subject to the terms of Sections 16.04 and 16.06, during other than business hours, for lighting the same and for the operation of normal office equipment installed or used in the Demised Premises as part of Tenant's initial installations approved by Landlord (such as typewriters, computers, calculators and copy machines) thereineven if installed within a reasonable period of time after the Commencement Date). Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way anywise be liable or responsible to Tenant for any loss, damage, damage or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s 's requirements, provided that such loss, damage or expense is not caused by Landlord's willful acts. At Landlord’s 's option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises, provided that the charges for such items are comparable to charges for similar items in similar buildings in the vicinity in which the Building is located.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises Premises, other than Tenant's initial installation as approved by Landlord and the replacement of office and lighting equipment using small amounts of electricity (such as typewriters, calculators, desk or floor lamps and dictaphone machines) with similar office equipment using comparable amounts of electric energy, shall be subject to Landlord’s 's prior written approval, and, if such approval shall be givengiven (or expressly not required as provided above), rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s 's electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s 's consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇▇ or statements statement to Tenant therefor.
16.03 Provided that (a) it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is locatedlocated and (b) the discontinuance of electrical service by Landlord will not cause a material interruption in electrical service to Tenant during business hours (unless, with respect to Subdivision (b) hereof, discontinuance of electrical service as aforesaid is required by law or other regulation or requirement of any governmental or quasi-governmental authority having jurisdiction thereof ("Requirements") and, in such event, Landlord shall use reasonable diligence to effectuate such discontinuance in such a manner as to minimize inconvenience, annoyance, interruption or injury to Tenant's business), Landlord may discontinue the aforesaid service upon thirty (30) days’ ' notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s 's wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article, except that Landlord shall pay for same, and Tenant agrees that Landlord's cost therefor may be included in Operating Expenses as a capital improvement that is included in Operating Expenses as provided in Section 5.07(a) of this lease. In the event that Landlord exercises its rights under this Section 16.03, then: :
(i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s 's electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 22,731.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision Subsubdivision (a) of subdivision Subdivision (ii) above is hereinafter called the Initial Electricity Factorfactor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.
16.04 After the Commencement Date, Landlord's Consultant (as such term is defined in Section 16.06 of this Article) shall have the right to make a survey hereinafter called the Initial Survey) of the Demised Premises, which shall include all of Tenant's initial installations approved by Landlord (even if installed within a reasonable period of time after the Commencement Date) of fixtures, appliances or equipment in the Demised Premises, indicating the lighting load, office equipment and electrical usage of Tenant (whether or not during business hours) as of the date of the Initial Survey and shall specifically exclude any electrical usage of Tenant for the Supplemental Air Conditioning System (as such term is defined in Article 39 hereof). Based upon the Initial Survey, Landlord's Consultant shall compute the value to Tenant of the estimated electrical service to be furnished to Tenant for the succeeding twelve (12) month period (hereinafter called the Initial Electrical Value), which computation shall be made utilizing the higher of (i) the service classification under which Landlord is billed by the utility company for such electrical service or (ii) the service classification under which Tenant would be billed by the utility company if Tenant purchased such electrical service directly from such utility company. Landlord's Consultant shall notify Landlord and Tenant of this computation of the Initial Electrical Value (which shall be binding upon both parties). Regardless of the result of the Initial Survey, there shall be no adjustment in the fixed rent herein reserved and the Electricity factor; the Initial Electrical Value shall be used as a base against which any Subsequent Survey (as such term is hereinafter defined) shall be compared.
16.05 If the public utility rate schedule for the supply of electric current to the Building shall be increased, if any surcharge (including, without limitation, a surcharge of the nature of a fuel or other adjustment) with respect thereto shall be imposed or increased and/or if the service classification for the Building shall be changed so as to result in an increase in Landlord's cost of purchasing electricity for the Building during the term of this lease, the fixed rent herein reserved and Electricity Factor shall each be adjusted to reflect the resulting increase by adding thereto an amount equal to the product of (i) the then current Electricity Factor, multiplied by (ii) the percentage of increase in Landlord's cost of purchasing electricity for the Building. Any such percentage increase in Landlord's cost of purchasing electricity for the Building shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the rate increase and/or service classification change to the new rate and/or service classification. When the amount of the increase in the fixed rent and the Electricity Factor is determined, the parties shall execute an agreement supplementary hereto to reflect such increase, which shall be effective from the effective date of such increase in the public utility rate schedule and/or such change in the service classification for the Building; but such increase in the fixed rent and in the Electricity Factor shall be effective from such date whether or not such a supplementary agreement is executed. In addition, if any tax is imposed upon Landlord by any Municipal, State, or Federal Agency with respect to the purchase, sale, or resale of electrical energy supplied to Tenant hereunder, Tenant covenants and agrees that, where permitted by law, Tenant's pro rata share of such taxes shall be passed on to, included in the ▇▇▇▇ of and paid by Tenant to Landlord.
16.06 Tenant shall not, without prior written notice to Landlord in each instance, connect any fixtures, appliances, or equipment (in addition to those installed as part of Tenant's initial installation approved by Landlord (even if installed within a reasonable period of time after the Commencement Date) and shown on the Initial Survey) to the Building electric distribution system, or make any alteration or addition to the electric system of the Demised Premises, that shall result in Increased Usage (as such term is hereinafter defined) except for the replacement of small office equipment which will not require Landlord's consent or approval. In the event that Tenant (i) installs equipment, increases the lighting load beyond the amount thereof on the date of the Initial Survey, or (ii) operates during longer than business hours in excess of that shown on the Initial Survey, or (iii) installs a Supplemental Air Conditioning System (the foregoing are herein collectively called the "Increased Usage"), Tenant shall pay to Landlord, as additional rent hereunder payable on a monthly basis together with the fixed rent herein reserved, an amount to be computed as hereafter provided and subject to adjustment as set forth in Section 16.07 of this Article. If Landlord is of the opinion that Increased Usage exists, Landlord shall engage an independent electrical engineer or electrical consulting firm (hereinafter called Landlord's Consultant") who shall make a survey (hereinafter called the "Subsequent Survey") of the Demised Premises, indicating the lighting load, office equipment and electrical usage of Tenant as of the date of the Subsequent Survey, and shall compute the monthly amount (hereinafter called the "Increased Usage Charge") to be paid by Tenant for the furnishing of Increased Usage as a service by Landlord in excess of the usage shown on the Initial Survey. Landlord's Consultant shall base his computations on value to Tenant of the estimated Increased Usage to be furnished to Tenant for the succeeding twelve (12) month period, and such computation shall be made utilizing the higher of (i) the service classification under which Landlord is billed by the utility company for such electrical service or (ii) the service classification under which Tenant would be billed by the utility company if Tenant purchased such electrical service directly from such utility company. Landlord's Consultant shall notify Landlord and Tenant of his computation of the Increased Usage Charge (which shall be binding upon both parties). The fees of Landlord's Consultant shall be borne by Landlord and Tenant equally. Tenant shall have the right as hereinafter provided, to contest any amounts determined by Landlord's Consultant as shall be due to Landlord as a result of Increased Service based upon a Subsequent Survey. In the event that Tenant fails to send a written notice (the "Objection Notice") to Landlord within thirty (30) days after Tenant's receipt of a written notice containing the amount of the Increased Usage Charge (the "Increase Notice"), such notice shall become conclusive and binding upon Tenant. If Tenant disputes any Increase Notice by sending an Objection Notice within the time and in the manner hereinbefore provided, then Tenant shall, at its sole cost and expense, have the right to engage an electrical engineer or electrical consulting firm (the "Tenant's Consultant") who shall promptly make a survey (the "Disputing Survey"), indicating Tenant's electrical usage in the Demised Premises. In the event that Landlord and Tenant are unable to agree on the increase, with respect to the Increase Notice within thirty (30) days after the date Tenant furnishes Landlord with a copy of the Disputing Survey, then Landlord's Consultant and Tenant's Consultant shall select a mutually acceptable electrical engineer or electrical consulting firm (the "Third Consultant") within ten (10) days after the expiration of such thirty (30) day period. Landlord's Consultant and Tenant's Consultant shall submit the dispute to the Third Consultant and the determination of any such increased electrical energy charge, by the Third Consultant shall be conclusive and binding upon Landlord and Tenant. During the pendency of any such dispute, Tenant shall pay to Landlord the amount set forth in the Increase Notice until the dispute is finally determined in accordance with the provisions of this Section and, in the event that such final determination is less than the amount set forth in the Increase Notice, Landlord shall, at Tenant's election, refund to Tenant the amount of such excess payment or credit any such excess against any amounts then due or becoming due to Landlord under this lease. The cost of the Third Consultant shall be borne equally by Landlord and Tenant.
16.07 After the same shall be determined pursuant to the terms of Section 16.06 of this Article, the Increased Usage Charge shall continue to be paid on a monthly basis until Landlord's Consultant determines in a Subsequent Survey that there has been a further increase or a decrease in the Increased Usage. The amount of the Increased Usage Charge may be appropriately increased or decreased at any time and from time to time throughout the term of this lease to reflect a change in the rates charged by the utility company servicing the Building (including, without limitation, a change in any taxes assessed, levied, or imposed with respect to such electrical service) in accordance with the provisions of Section 16.05 o
Appears in 1 contract
Electricity. 16.01 Subject So long as Tenant is not in Default, Landlord will ----------- furnish or cause to be furnished, electricity for normal business usage twenty-four (24) hours a day, seven (7) days a week, subject to the terms provisions of Section 16.035.6, below. In the event Landlord shall furnish electrical deems it necessary to make ------------------ available separately metered service to the Demised Premises during business hours (i.e.Premises, 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State Landlord may require that separate meters or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and submeters be installed for the operation Premises at Landlord's expense unless Tenant's use of electricity exceeds normal office equipment (such as typewritersbusiness usage, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service which event it shall be furnished without specific measurementat Tenant's expense, on any in which case Tenant will be billed based upon such separate meter or otherwise, and without additional specific charge to submeter rather than based upon Tenant, the charge for the furnishing 's Share of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Articlecharges. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s optionIn such instance, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used receive a corresponding credit against Rent to the extent electrical use in the Demised Premises.
16.02 Tenant covenants Premises was charged as a component in Operating Costs except if such meter or submeter is installed only to monitor and agrees that, at all times, its charge for usage which exceeds normal business usage (in which case no credit shall be given). Tenant's use of electric current shall never electricity in the Premises may not at any time exceed the capacity of the feeders to electrical conductors and equipment serving the Building or the risers or wiring installation thereofPremises. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Without Landlord’s 's prior written approvalconsent, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord which consent shall not be obligated to make such installationunreasonably withheld or delayed, and Tenant shall not make the installationmay not:
(i) connect reproducing equipment;, alterationelectronic data processing equipment;, heating or air-conditioning equipment;, or addition with respect special lighting, any of the foregoing which causes Tenant to which consume electricity in excess of the building standard specifications (as provided in Section 5.2(b) below) or any other item of -------------- electrical equipment that causes Tenant requested Landlord’s consent. In to consume more than permitted by the building standard specifications (as provided in Section 5.2(b), below) or (ii) -------------- make any alteration or addition to the installation electric system of the Premises. If required and Landlord grants such riser or risersconsent, Landlord will also, provide at the sole cost and expense to Landlord plus Landlord's overhead charge of Tenantten percent (10%) of the cost, install all which cost Tenant shall pay to Landlord, payable on demand, additional risers or other equipment necessary and proper in connection therewithrequired equipment. In addition, subject but only to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant extent not separately metered or passed through to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is locatedTenant, Landlord may discontinue increase the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or Base Rent by an amount reflecting the liability estimated cost of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution additional capacity of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, risers or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factorequipment.
Appears in 1 contract
Sources: Lease of Office Space (Diversified Corporate Resources Inc)
Electricity. 16.01 Subject Tenant shall, at Tenant's sole cost and expense, make all necessary arrangements with the electric utility company for separate metering and paying Landlord directly, at rates competitive with then-existing utility company charges, for electric current furnished to the terms Leased Premises and Tenant's Dedicated Elevator (which Landlord represents is currently separately metered). Tenant shall not install in the Leased Premises any equipment which requires a substantial amount of Section 16.03electrical current and Tenant shall ascertain from Landlord the maximum amount of load or demand for or use of electrical current which can be accommodated or permitted in the Leased Premises, Landlord shall furnish electrical service to taking into account the Demised capacity of the electric feeders, risers, conduits, wiring and other facilities and equipment, the Building and Leased Premises during business hours and the needs of other tenants (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by both present and future) of the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwiseBuilding, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirementsevent connect a greater load than such safe capacity. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, throughout the Term, Landlord shall provide at all times, its use least an average of electric current shall never 6 w▇▇▇▇ per square foot demand load per floor of electricity to the Leased Premises (unless Landlord's failure to provide such electricity is the result of Force Majeure). If Tenant's requirements for electrical services exceed an average of 6 w▇▇▇▇ per square foot demand load per floor of electricity to the capacity Leased Premises and necessitate modifications of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of electric service supply system in and to the electrical fixtures, appliances, Leased Premises or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Tenant shall be responsible for paying for the cost of all such modifications and increased maintenance therefrom. Except for Tenant's Work and subject to Articles 10 and 40 of this Lease, Tenant shall make no alterations or additions to the electric equipment or systems in (i) the Leased Premises, without the prior written consent of Landlord in each instance, which consent shall not be obligated to make such installationunreasonably withheld, and Tenant shall not make the installation, alterationconditioned or delayed, or addition with respect to (ii) the Building, without the prior written consent of Landlord in each instance, which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall consent may be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed withheld by Landlord in accordance with the terms of, Landlord's sole and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factorabsolute discretion.
Appears in 1 contract
Electricity. 16.01 4.01. Subject to the terms of Section 16.03, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 provisions of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, howeverArticle 4, Tenant agrees and Landlord agree that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable make available for Tenant’s requirements's use within the demised premises up to six (6) ▇▇▇▇▇ connected load per rentable square foot of electric energy (the "Electric Capacity") and Tenant will pay Landlord or Landlord's designated agent, as additional rent for the supplying of such electric energy, the sum of (i) an amount computed by applying Tenant's consumption and demand for the billing period in question (as measured by the meter installed in the demised promises) to Landlord's Rate, as such term is hereinafter defined, plus, (iii) ten (10%) percent of such amount. At As used herein, the term "Landlord’s option's Rate" shall mean the rate classification of the public utility serving the Building pursuant to which Landlord purchases electricity for the Building. Where more than one (1) meter measures the service of Tenant in the Building of which the demised premises forms a part, the service rendered through each meter may be computed and billed separately in accordance with the rates herein. Bills therefor shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent within twenty (20) days of rendition thereof. Each electric ▇▇▇▇ shall be conclusive and binding upon Tenant unless, within thirty (30) days after receipt of such electric ▇▇▇▇, Tenant shall purchase notify Landlord that it disputes the correctness of such electric ▇▇▇▇ (hereinafter called "Tenant's Electric Dispute Notice"). After Tenant delivers Tenant's Electric Dispute Notice, Tenant shall have the right during normal business hours and upon not less than five (5) Business Days ' (as defined in Article 22 hereof) prior written notice to Landlord, to examine (or cause its accountants to examine) such of Landlord's books and records as are relevant to the calculation of the electric ▇▇▇▇ in question, provided such examination is commenced within fifteen (15) days after Tenant's Electric Dispute Notice is given and is concluded within twenty (20) days after said books and records are made available to Tenant. In making such examination, Tenant agrees; and shall cause its accountant (and such other agents of Tenant who may be accompanying the accountant) to agree to keep confidential any and all information contained in such books and records. If any tax is imposed or Landlord's receipt from Landlord the sale or its agent all lampsresale of electric energy or gas or telephone service to Tenant by any federal, startersstate or municipal authority, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees thatthat where permitted by law, at all times, its use Tenant's pro rate share of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises such taxes shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installationpassed on to, and Tenant shall not make included in the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇▇ or statements of, and paid by, Tenant to Landlord. In no event shall the cost to Tenant therefor.
16.03 Provided that it is physically possible for Tenant the supply of electric energy be less than 110% of the aggregate cost to receive Landlord for the supply of electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice energy to Tenant without being liable at the demised premises (including any meter company charges, taxes, fuel adjustment charges and other charges and expenses to Tenant therefor and without in which Landlord is subject). If any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, meters or other equipment necessary and proper in connection therewith must be installed to furnish electric service to the demised premises on a submetered basis, as herein provided, the same shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factorat Landlord's expense.
Appears in 1 contract
Electricity. 16.01 Subject 41.01 Tenant acknowledges and agrees that electric service shall be supplied to the terms Premises on a “rent inclusion basis" in accordance with the provisions of Section 16.03this Article 41 (subject to Landlord's right, in its sole discretion. to furnish such electricity on a "submetering" basis as provided for herein).
41.02 Electricity and electric service, as used herein, shall mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including but not limited to services which facilitate the distribution of service.
41.03 If and so long as Landlord provides electricity to the Premises on a rent inclusion basis, Tenant agrees that the Fixed Annual Rent shall furnish be increased by the amount of the Electricity Rent Inclusion Factor (“ERIF”as hereinafter defined, Tenant acknowledges and agrees (i) that the Fixed Annual Rent hereinabove set forth in this Lease does not yet, but is to include an ERIF of $3.00 per rentable square foot to compensate Landlord for electrical wiring and other installations necessary for, and for its obtaining and making available to Tenant the redistribution of electric current as an additional service, and Tenant shall pay for Tenant's Share of Building electric current (i.e., all electricity used in lighting the public and service areas, and in operating all the service facilities, of the Building and the parties acknowledge and agree that twenty percent (20%) of the Building's payment to the public utility or other service providers for the purchase of electricity shall be deemed to he payment for Building electric current) which shall be paid for by Tenant in accordance with provisions hereof; and (ii) that said ERIF, which shall be subject to periodic adjustments as hereinafter provided, has been partially based upon an estimate of the Tenant's connected electrical load. in whatever manner delivered to Tenant, which shall be deemed to be the demand (KW), and hours of use thereof, which shall be deemed to be the energy (KWH), for ordinary lighting and light office equipment and the operation of the usual small business machines, including Xerox or other copying machines (such lighting and equipment are hereinafter called “Ordinary Equipment" during ordinary business hours ("Ordinary Business Hours") shall be deemed to mean 50 hours per week). with Landlord providing an average connected load of 4 1/2 w▇▇▇▇ of electricity for all purposes per rentable square foot. Any installation and use of equipment other than Ordinary Equipment and/or any connected load and/or energy usage by Tenant in excess of the foregoing and the charge for Tenant's Share of Building electric current shall result in adjustment of the ERIF as hereinafter provided. For purposes of this Article, the rentable square foot area of the Premises shall be deemed to be 2,141 square feet.
41.04 If the cost to Landlord of electricity shall have been, or shall be, increased subsequent to September 1, 2005 (whether such change occurs prior to or during the term of this Lease), by change in Landlord's electric rates or service classifications, or electricity charges, including changes in market prices, or by an increase, subsequent to the last such electric rate or service classification change or market price change, in fuel adjustments or charges of any kind, or by taxes, imposed on Landlord's electricity purchases or on Landlord's electricity redistribution. or for any other such reason, then the aforesaid ERIF portion of the fixed annual rent shall be changed in the same percentage as any such change in cost due to changes in electric rates, service classifications or market prices, and, also Tenant's payment obligation, for electricity redistribution, shall change from time to time so as to reflect any such increase in fuel adjustments or charges, and such taxes. Any such percentage change in Landlord's cost due to change in Landlord's electric rate or service classifications or market prices, shall be computed on the basis of the average consumption of electricity for the Building for the twelve full months immediately prior to the rate change or other such changes in cost, energy and demand, and any changed methods of or rules on billing for same, applied on a consistent basis to the new electric rate or service classification or market price and to the immediately prior existing electric rate or service classification or market price, if the average consumption (energy and demand) for the entire Building for said prior twelve (12.) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3)
(i) If such survey shall reflect a connected electrical load in excess of 4 1/2watts of electricity for all purposes per rentable square foot and/or energy usage in excess of Ordinary Business Hours (each such excess hereinafter called "excess electricity') then the connected electrical load and/or the hours of use portion(s) of the then existing ERIE shall be increased by an amount which is equal to a fraction of the then existing ERIF, the numerator of which is the excess electricity (i.e., excess connected load and/or excess usage) and the denominator of which is the connected load and/or the energy usage which was the basis of the then existing ERIF, Such fractions shall be determined by Landlord's Electrical Consultant. The Fixed Annual Rent shall then be appropriately adjusted, effective as of the date of any such change in connected load and/or usage, as disclosed by said survey.
(ii) If such survey shall disclose installation and use of other than Ordinary Equipment, then effective as of the date of said survey, there shall be added to the ERIF portion of Fixed Annual Rent (computed and fixed as hereinbefore described) an additional amount equal to what would be paid under the SC-4 Rate 1 Service Classification in effect on September 1, 2005 (and not the time-of--day rate schedule) or the comparable rate schedule (and not the time-of-day rate schedule) of any utility other than Con Ed then providing electrical service to the Demised Premises during business building as same shall be in effect on the date of such survey for such load and usage of electricity, with the connected electrical load deemed to be the demand (KW) and the hours of use thereof deemed to be the energy (i.e.KWH), 8:00 A.M. to 6:00 P.M. on Mondays through Fridaysas hereinbefore provided, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided which addition to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service ERIF shall be furnished without specific measurementincreased by all electricity cost changes of Landlord, as hereinabove provided, from September 1, 2005 through the date of billing).
41.05 In no event, whether because of surveys, rates or cost changes, or for any reason, is the originally specified $3.00 per rentable square foot ERIE portion of the fixed annual rent (plus any net increase thereof by virtue of all electricity rate, service classification or market price changes of Landlord subsequent to September 1, 2005) to be reduced.
41.06 The determinations by Landlord's Electrical Consultant shall be binding. and conclusive on any meter or otherwise, Landlord and without additional specific charge Tenant from and after the delivery of copies of such determinations to Landlord and Tenant, unless, within fifteen (15) days after delivery thereof, Tenant disputes such determination. If Tenant so disputes the charge for determination, it shall, at its own expense, obtain from a reputable, independent electrical consultant its own determinations in accordance with the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 provisions of this Article. Notwithstanding Tenant's consultant and Landlord's consultant then shall seek to agree. If they cannot agree within thirty (30) days they shall choose a third reputable electrical consultant, whose cost shall be shared equally by the foregoingparties, to make similar determinations which shall be controlling. (If they cannot agree on such third consultant within ten (10) days, then either party may apply to the Supreme Court in the County of New York for such appointment.) However, pending such controlling determinations Tenant shall pay to Landlord the amount of Additional Rent or ERIF in accordance with the determinations of Landlord's Electrical Consultant. If the controlling determinations differ from Landlord's Electrical Consultant, then the parties shall promptly make adjustments for any deficiency owed by Tenant or overage paid by Tenant,
41.07 If and so long as Landlord provides electricity to the Premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this Lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the Building is located; provided however, said charges shall be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire Building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire Building for the twelve (12) full months immediately prior to the rate and/or service classification change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire Building for said prior twelve (12.) months cannot reasonably be applied and used with respect to changed methods of or rules on billing. then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected, shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the Building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, Additional Rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the Premises without releasing Tenant from any liability under this Lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by Tenant by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of such taxes shall be passed on to and included in the b▇▇▇ of, and paid by, Tenant to Landlord.
41.08 If all or part of the submetering Additional Rent or the ERIE payable in accordance with Section 41.03 or 41.04 of this Article becomes uncollectible or reduced or refunded by virtue of any law, order or regulations, the parties agree that, at Landlord's option, in lieu of submetering Additional Rent or ERIF, and in consideration of Tenant's use of the Building's electrical distribution system and receipt of redistributed electricity and payment by Landlord of consultant's fees and other redistribution costs, the Fixed Annual Rental rate(s) to be paid under this Agreement shall be increased by an "alternative charge" which shall be a sum equal to $3.00 per year per rentable square foot of the Premises, changed in the same percentage as any increase in the cost to Landlord for electricity for the entire Building subsequent to September 1, 2005, because of electric rate, service classification or market price changes, such percentage change to be computed as in Section 41.04 provided.
41.09 Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, loss or damage or expense that which Tenant may sustain or incur if either the quantity or character of electrical electric service is changed, changed or is no longer available, available or is unsuitable suitable for Tenant’s 's requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, that at all times, times its use of electric current shall never exceed the capacity of the existing feeders to the Building or the wiring installation. Any riser or risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s 's electrical requirements with respect theretorequirements, Landlord shallupon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determineif, in its Landlord's sole judgment, that the same are necessary and will not cause permanent damage or injury to the Building or to the Demised Premises, Premises or cause or create a dangerous or hazardous condition, condition or entail excessive or unreasonable alterations, repairs, repairs or expense, expense or interfere with, with or disturb, the disturb other Tenants tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consentoccupants. In addition to the installation of such riser or risers, Landlord will also, also at the sole cost and expense of Tenant, install all other equipment proper and necessary and proper in connection therewith, therewith subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided The parties acknowledge that they understand that it is physically possible for Tenant to receive anticipated that electric current rates, charges, etc., may be changed by virtue of time-of-day rates or changes in other methods of billing, and/or electricity, purchases and the redistribution thereof, and fluctuation in the Demised Premises directly from market price of electricity, and that the references in the foregoing paragraphs to changes in methods of or rules on billing arc intended to include any such changes. Anything hereinabove to the contrary notwithstanding, in no event is the submetering Additional Rent or ERIF, or any "alternative charge", to be less than an amount equal to the total of Landlord's payments to public utility company serving utilities and/or other providers for the area in which electricity consumed by Tenant (and any taxes thereon or on redistribution of same) plus 5% thereof for transmission line loss, plus 15% thereof for other redistribution costs. The Landlord reserves the Building is locatedright, Landlord may discontinue the aforesaid service at any time upon thirty (30) days’ ' written notice, to change its furnishing of electricity to Tenant from a rent inclusion basis to a submetering basis, or vice versa, or to change to the distribution of less than all the components of the existing service to Tenant. The Landlord reserves the right to terminate the furnishing of electricity on a rent inclusion, submetering, or any other basis at any time, upon thirty (30) days' written notice to the Tenant, in which event the Tenant without being liable may make application directly to Tenant therefor the public utility and/or other providers for the Tenant's entire separate supply of electric current and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s its wires and conduits, to the extent available, suitable available and safely capable, to be used for such purpose, but only to the extent of Tenant' s then authorized load. Any additional wiresmeters, conduitsrisers, or other equipment or connections necessary and proper in connection therewith to furnish electricity on a submetering basis or to enable Tenant to obtain electric current directly from such utility and/or other providers shall be installed by Landlord in accordance with at Tenant's sole cost and expense. Only rigid conduit or electricity metal tubing (EMT) will be allowed. The Landlord, upon the terms of, and subject expiration of the aforesaid thirty (30) days' written notice to the conditions contained inTenant may discontinue furnishing the electric current but this Lease shall otherwise remain in full force and effect. If Tenant was provided electricity on a rent inclusion basis when it was so discontinued, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) then commencing when Tenant receives such direct service and as long as Tenant shall contract for continue to receive such electrical service directly with service, the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.Fixed A
Appears in 1 contract
Electricity. 16.01 Subject (a) Landlord shall furnish electricity to the terms Premises for lights, outlets and supplemental HVAC service dedicated to Tenant's Premises to meet a so-called "connected load" requirement not to exceed six (6.0) ▇▇▇▇▇ at 277/480 volts per square foot of Section 16.03Premises Usable Area. Tenant agrees in its use of the Premises not to exceed such requirement and that its total connected lighting load will not exceed the maximum from time to time permitted under applicable governmental regulations. Landlord shall purchase and install, at Tenant's expense (without ▇▇▇▇-up or service charge), all replacement lamps, tubes, bulbs, starters and ballasts; provided, however, Landlord agrees to purchase and install, at Landlord's expense, any lamps, tubes, bulbs, starters and ballasts during the first three (3) months of the Term. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse affect on the Building's electrical system, Tenant shall not, without Landlord's prior consent, connect any fixtures, appliances or equipment to the Building's electrical distribution system other than typewriters, printers, fax machines, pencil sharpeners, desk top calculators, dictaphones, photocopiers, personal computers, word processors, radios and other similar small electrical equipment normally found in business offices.
(b) Tenant shall be responsible for the payment of all electricity used and consumed in the Premises, including, without limitation for lights, outlets and supplemental HVAC service dedicated to Tenant's Premises, provided however, once Tenant has installed the equipment in the Data Center, and such equipment is in operation, Tenant shall pay for all electricity used in the Data Center, allocated by Landlord on a per square foot basis to the Data Center. Landlord shall install a separate check meter measuring the electricity used and consumed in the Premises, and from time to time, but not more than once per calendar month, Landlord shall furnish electrical service invoice Tenant for electricity used and consumed in the Premises, at Landlord's cost therefore, without markup. Tenant shall pay Landlord the invoiced amount as Additional Rent hereunder within thirty (30) days after receipt of each such invoice. The obligation to pay for electricity used and consumed in the Premises during the last month of the Term hereof shall survive expiration of the Term.
(c) Landlord shall have the right to discontinue furnishing electricity to the Demised Premises during business hours at any time upon not less than thirty (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract30) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible days' notice to Tenant for any loss, damage, or expense provided that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at Landlord's expense, separately meter the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury Premises directly to the Building or to applicable public utility company. If Landlord exercises such right, from and after the Demised Premiseseffective date of such discontinuance, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installationfurnish electricity to the Premises, and Landlord shall permit Landlord's existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant provided that the limits set forth in paragraph (a) shall not be exceeded, and Tenant shall not make the installation, alteration, or addition with respect be responsible for payment of all electricity charges directly to which Tenant requested Landlord’s consent. In addition such utility.
(d) Notwithstanding anything to the installation of such riser contrary in this Article 7 or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is locatedthis Lease contained, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunderinstitute, and Tenant shall comply with, such policies, programs and measures as may be reasonably necessary, required, or expedient for the same shall not conservation and/or preservation of energy or energy services, or as may be deemed reasonably necessary or required to comply with applicable codes, rules, regulations or standards.
(e) When necessary by reason of accident or emergency, or for repair, alterations, replacements or improvements which in the reasonable judgment of Landlord are desirable or necessary to be a lessening made, or diminution of services within the meaning difficulty or inability in securing supplies or labor, or of strikes, or of any lawother cause beyond the reasonable control of Landlord, rule, whether such other cause be similar or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuancedissimilar to those hereinabove specifically mentioned until said cause has been removed, Landlord shall permit Tenant reserves the right to receive such service directly from such public utility company and shall permit Landlord’s wires and conduitsinterrupt, to the extent availablecurtail, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, stop or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: suspend (i) Tenant shall contract for such electrical service directly with the said public utility for all furnishing of Tenant’s electric current requirements heating, elevator, air conditioning, and cleaning services and (ii) the operation of plumbing and electric systems. Landlord shall exercise reasonable diligence to eliminate the cause of any such interruption, curtailment, stoppage or suspension, and perform any such repair or replacement in such a manner so as to minimize any unreasonably interference with Tenant's use of the date upon which Landlord discontinues furnishing electric current to TenantPremises, (a) the annual fixed rent reserved under this lease but there shall be reduced by $1,380.00 (no diminution or abatement of rent or other compensation due from Landlord to Tenant hereunder, nor shall this Lease be affected or any of the Tenant's obligations hereunder reduced, and the Landlord shall have no responsibility or liability for any such interruption, curtailment, stoppage, or suspension of services or systems. Except as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision paragraph (af) below, no diminution or abatement of subdivision (ii) above is hereinafter called rent or other compensation, nor any direct, indirect or consequential damages shall or will be claimed by Tenant as a result of, nor shall this Lease or any of the Initial Electricity Factorobligations of Tenant be affected or reduced by reason of, and any such interruption, curtailment, suspension or stoppage in the said amountfurnishing of the foregoing services or use, irrespective of the cause thereof. Except as set forth in Section 7.6 below, failure or omission on the same maypart of Landlord to furnish any of the foregoing services or use as provided in this paragraph shall not be construed as an eviction of Tenant, actual or constructive, nor entitle Tenant to an abatement of rent, nor to render the Landlord liable in damages, nor release Tenant from time to time hereafter, be increased pursuant to the terms prompt fulfillment of Sections 16.04 and 16.05 any of its covenants under this Article, is hereinafter called the Electricity FactorLease.
Appears in 1 contract
Electricity. 16.01 Subject Landlord agrees to make available electrical services twenty-four (24) hours per day, 365 days per year in the terms amount necessary to service (i) all electrical devices and equipment in the Premises (not to exceed seven (7) ▇▇▇▇▇ per Rentable Square Foot in the Premises as specified below excluding equipment, if any, for which Tenant is already paying additional rent (e.g., a separate, non-base Building HVAC system), and (ii) common area restrooms, common areas and parking facilities for the Building at no additional cost to Tenant in excess of Section 16.03, Tenant’s Pro Rata Share of Operating Expenses. Landlord shall furnish electrical service to the Demised Premises during business hours electric current sufficient for HVAC (i.e.excluding any supplemental HVAC that is installed by Tenant or Landlord with respect to Tenant’s use or occupancy of the Premises) and, 8:00 A.M. in addition to 6:00 P.M. on Mondays through Fridaysthe electric current provided for said HVAC, except such days as are observed by electric current in accordance with the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contractfollowing specifications: (i) 2 ▇▇▇▇▇ per Rentable Square Foot of high voltage (480/277 volt) connected load for lighting facilities and other high voltage uses and (ii) 5 ▇▇▇▇▇ per Rentable Square Foot for low voltage (120/280 volt) connected load for outlets and other low voltage usage. Any costs to modify the same existing electrical facilities that serve the Premises (including risers, transformers, and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machinespanel boxes) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, provide such electrical service capacity shall be furnished without specific measurementborne by Tenant. Without the prior written consent of Landlord, on which consent shall not be unreasonably conditioned, withheld or delayed, Tenant shall not install or operate any meter machinery, appliances or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included equipment in the fixed rent reserved under this leasePremises which (a) uses electrical current exceeding thirty (30) amperes at 110 volts on a single circuit, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not or (b) in any way increases the amount of electricity consumed in the Premises above the seven (7) ▇▇▇▇▇ per square foot amount stated above, and shall pay periodically as additional rent the additional expense incurred by the Landlord as a result thereof if Landlord (i) documents such excess usage, (ii) provides Tenant written notice of its findings, and (iii) Tenant does not reduce its consumption within ten (10) days of its receipt of Landlord’s written notice. Landlord shall have the right from time to time to measure, using established commercially reasonable calculation methods or one or more temporary or permanent submeters or other devices, the consumption of electricity by the Premises. The cost of such measuring shall be liable or responsible to Tenant borne by Landlord unless such measuring indicates that the electricity being consumed upon the Premises exceeds seven (7) ▇▇▇▇▇ per square foot of rentable area in the Premises for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for lighting and Tenant’s requirements. At Landlord’s optionequipment excluding any equipment for which Tenant is already paying additional rent (e.g., a separate, non-base Building HVAC system) for electric consumption, in which event Tenant shall purchase from reimburse Landlord or its agent all lamps, starters, ballasts, or bulbs used in for the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use cost of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installationmeasuring, and Tenant shall not make the installationin addition pay to Landlord monthly, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and the cost incurred by Landlord thereafter in furnishing such additional electricity to the Premises, which cost shall be paid calculated based on the actual cost of electrical service charged by Tenant to the service provider and estimated by Landlord within five using its reasonable discretion. In the event Tenant’s electrical usage exceeds the seven (57) days after rendition of any b▇▇▇▇▇ or statements amount stated above and is documented as provided for herein, Landlord shall have the right to separately meter (and separately charge Tenant therefor.
16.03 Provided that it for the cost of installing a meter(s) (the “Submeter”) and for electrical usage metered thereby). In the event a Submeter is physically possible for Tenant installed, Landlord shall on a monthly basis (and no more than once per month), during the Term and any extension(s) thereof, read the Submeter to receive electric current determine the amount of the electricity consumed in the Demised Premises directly from since the public last reading of the Submeter and then compute the cost of the electricity consumed by multiplying the cost per kilowatt hour charged by the electric utility company serving provider to Landlord for that period by the area amount of the kilowatt hours consumed. Promptly after such reading but no more than once per month, the Landlord shall invoice the Tenant for (i) the cost of the electric consumption in which the Building is locatedPremises, Landlord may discontinue the aforesaid service upon and such amount shall be due and payable within thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all days of Tenant’s electric current requirements and (ii) as receipt of the date upon which Landlord discontinues furnishing electric current to Tenant, invoice (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as it being understood that such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as payments are not due at the same may, from time to time hereafter, be increased pursuant to the terms as other payments of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity FactorRent hereunder).
Appears in 1 contract
Sources: Office Lease (Sailpoint Technologies Holdings, Inc.)
Electricity. 16.01 Subject (A) Tenant shall at all times comply with the rules, ------------ regulations, terms and conditions applicable to service, equipment, wiring and requirements of the public utility supplying electricity to the terms Building. The risers serving the Premises shall be capable of Section 16.03supplying six (6) ▇▇▇▇▇ of electricity per rentable square foot of the Premises (exclusive of the electricity required to operate the baseboard heating system and the VAC) on a demand load basis. Tenant shall not use any electrical equipment which, in Landlord's reasonable judgment, would exceed such capacity. In the event that, based upon the demand readings of the utility company supplying electricity to the Building, in Landlord's reasonable judgment, Tenant's electrical requirements necessitate installation of an additional riser, risers or other proper and necessary equipment, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the so notify Tenant of same and for the operation of normal office equipment estimated cost thereof. Within five (such as typewriters, computers, calculators and copy machines5) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing Business Days after receipt of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s optionnotice, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its either cease such use of electric current such additional electricity or shall never exceed request that additional electricity capacity (specifying the capacity of the feeders amount requested) be made available to the Building or the risers or wiring installation thereofTenant. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that Landlord's reasonable judgment (taking into consideration the risers potential needs of present and future tenants of the Building servicing and of the Demised Premises Building itself) shall determine whether to make available such additional electricity capacity to Tenant and the amount of such additional electricity capacity to be made available. If Landlord shall agree to make available additional electrical capacity and the same necessitates installation of an additional riser, risers or other proper and necessary equipment, including, without limitation, any switchgear, the same shall be insufficient to supply installed by Landlord. Any such installation shall be made at Tenant’s electrical requirements with respect thereto, Landlord shall, at the 's sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord and shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rentrent and paid within ten (10) days after the rendition of a ▇▇▇▇ to Tenant therefor. If Landlord shall not agree to make such additional electricity capacity available, then upon Tenant's request, Landlord shall perform such work and purchase such equipment as may be necessary to increase the electricity capacity of the Building. Any such work and purchases shall be at Tenant's sole cost and expense, and shall be chargeable and collectible as additional rent and paid within ten (10) days after the rendition of a ▇▇▇▇ to Tenant therefor. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric service furnished to the Premises by reason of any requirement, act or omission of the utility serving the Building or for any other reason not attributable to the gross negligence of Landlord, whether electricity is provided by public or private utility or by any electricity generation system owned and operated by Landlord.
(B) Notwithstanding the provisions of Section 13.1(A) above, Landlord agrees to make available to Tenant an additional electrical capacity of six (6) ▇▇▇▇▇ per rentable square foot of the Premises (for a total of twelve (12) ▇▇▇▇▇ per rentable square foot).
Section 13.2 Tenant shall obtain electricity directly from the public ------------ utility furnishing electric service to the Building. The costs of such service shall be paid by Tenant directly to such public utility. Such electricity may be furnished to Tenant by means of the existing electrical facilities serving the Premises, at no charge.
(A) As part of the Initial Alterations (but subject to ------------ the terms of Article 3 hereof with respect to Alterations), Tenant shall be permitted, at Tenant's sole cost and expense, to tap into and utilize the emergency generator and fuel tank system heretofore installed by Landlord in the Building (the "Emergency Generator") in order to provide the Premises with up to -------------------- 250 kilowatts of emergency power capacity (the "Emergency Power"), including ----------------- adequate fuel tank capacity to ensure twenty-four (24) hours of continuous usage between fuel deliveries. In connection with such installation and as part of Landlord's Work, Landlord shall install the necessary risers and switch gear to deliver the Emergency Power to the Premises.
(B) The Emergency Power shall be supplied to Tenant for an annual fee of Forty-Three Thousand Seven Hundred Fifty Dollars ($43,750) ($3,645.83 per month), commencing on Tenant's Business Occupancy Date, which charge shall be paid by Tenant to Landlord Landlord, as additional rent, within five ten (510) days after rendition Tenant's receipt from Landlord of any ba ▇▇▇▇ or statements therefor. In addition, Tenant shall reimburse Landlord an amount equal to Tenant's pro-rata portion of Landlord's actual out-of-pocket costs and expenses (based upon the ratio of the Emergency Power to the total emergency power capacity of the Emergency Generator) incurred in connection with (i) any actual usage by Tenant thereforof the Emergency Power, (ii) maintenance and monthly testing of the emergency Generator under full load, and (iii) regular testing of the purity and quality of the fuel oil for such system.
16.03 Provided that it is physically possible for Tenant to receive electric current (C) Landlord shall maintain the Emergency Generator in a manner consistent with first-class office buildings in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunderNew York/New Jersey metropolitan area, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance enter into a maintenance contract with an independent, reputable third party, on commercially reasonable terms. Such maintenance contract shall provide, inter alia, for the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as periodic ---------- testing of the date upon which Landlord discontinues furnishing electric current Emergency Generator and for regular and consistent deliveries of fuel oil so as to Tenant, (a) ensure that the annual fixed rent reserved under this lease Emergency Generator shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 commence generating immediately and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factorcontinue so generating throughout all emergencies.
Appears in 1 contract
Electricity. 16.01 Subject to the terms of Section 16.03, Landlord The Building shall furnish be separately metered for electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed ----------- use. Electricity shall be provided by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included in the fixed rent reserved under this lease, subject to adjustment as provided in Section 16.04 of this Article. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor Building; and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires 's wire and conduits, to the extent available, suitable and safely capable, to be used for such purposedistribution. Any additional wiresfeeders, conduits, risers or other equipment necessary and proper in connection therewith shall to supply Tenant's electrical requirements, upon written request of Tenant, will be installed by Landlord in accordance with Landlord, as part of Landlord's Work, at the terms of, sole expense of Tenant. Tenant covenants and subject agrees that at all times its connected load shall never exceed the capacity of the then existing risers or wiring installations allocable to the conditions contained inPremises. In no event shall Tenant install any fixtures, equipment or machines the use of which, if used in addition to facilities existing at the time of such installation, would result in an overload of the electrical circuits servicing the Building. All electricity used during the performance of janitor service, or the making of any alterations or repairs in the Building or the operation of any special air conditioning systems serving the Premises shall be billed to and paid for by Tenant. Notwithstanding anything to the contrary set forth in Section 16.02 9.2 or elsewhere in this Lease, Landlord and Tenant hereby acknowledge that legislative/regulatory changes have been proposed and may be enacted or promulgated during the Term which will affect the utility industry and may provide Landlord and Tenant with opportunities to reduce charges for electric service through direct access to sources of this Articlepower other than the current electric utility. In the event that Landlord exercises its rights under this Section 16.03Tenant desires to purchase power directly from these alternative sources during the Term, then: (i) Tenant shall contract for such electrical service directly with have the said public utility for all of Tenant’s electric current requirements right and (ii) as of the date upon which Landlord discontinues furnishing electric current option to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factordo so, and Landlord will use reasonable efforts to assist Tenant in connection therewith, provided that such direct purchase shall not result in capital costs to be incurred by Landlord. In general, Tenant shall pay for any electricity, gas, water, sewer, heat, cable service or other utility or telecommunication service used in the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity FactorPremises.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Electricity. 16.01 Subject (a) Landlord, subject to the terms of Section 16.03, Landlord shall furnish electrical service to the Demised Premises during business hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 provisions of this ArticleArticle 9, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge make available to Tenant, at a location in the charge basement of the Building to be designated by Landlord, AC electric capacity at a level not less than 2800 amperes, 480 volt, 3-phase, 4-wire, dedicated to Tenant. Tenant shall be solely responsible, at Tenant's sole cost and expense, for the furnishing installation of all risers and other electrical facilities and equipment required in order to deliver such electrical service being included in electric power to the fixed rent reserved under this lease, subject Premises and to adjustment as provided in Section 16.04 of this Articledistribute it therein. Notwithstanding the foregoing, however, Tenant agrees that shall pay to Landlord shall not in any way be liable or responsible for making such electric power available to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either a one-time fee of $838,600.00 on the quantity or character of electrical service is changed, is no longer available, or is unsuitable for date on which Landlord makes such additional electric power available to Tenant’s requirements. At Landlord’s option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises.
16.02 Tenant covenants that Tenant's use and agrees that, at all times, its use consumption of electric current shall never not at any time exceed the electrical capacity supplied to the Premises from time to time pursuant to this Section 9.2, nor exceed the capacity of any of the feeders electrical facilities and installations in or otherwise serving or being used in the Premises. Tenant shall pay Landlord, as Additional Rent, at any time and from time to time, but no more frequently than monthly, for its consumption of electric power at the Premises, as provided herein.
(b) In the event that Tenant's total power requirements at the Premises, based on an annual review of Tenant's consumption following the first (1st) anniversary of the Commencement Date, shall be less than the 2800 ampere, 480 volt service described above, Tenant shall pay to Landlord an annual sum equal to the Building fee, if any, which Landlord is obligated to pay to the Electricity Provider (as hereinafter defined), commonly known as a "use it or lose it" fee, for the risers or wiring installation thereofavailability of such capacity, presently payable by Landlord to the Electricity Provider at the rate of $12.50 per unused ampere per annum. In connection therewithFurther, if as of the third (3rd) anniversary of the Commencement Date, Tenant expressly agrees that all installationsshall continue to require less than the 2800 ampere, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants or occupants of the Building480 volt service described above, then Landlord shall have the right to reduce the level of electric power supplied to the Premises to not be obligated to make such installation, less than one hundred twenty-five percent (125%) of Tenant's actual power requirements as measured at the peak demand level occurring during the immediately preceding calendar quarter.
(c) The calculations and determinations of the charges for electric power consumed by Tenant shall not make be based on the installation, alteration, readings of one or addition with respect more submeters to which Tenant requested Landlord’s consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving the area in which the Building is located, Landlord may discontinue the aforesaid service upon thirty (30) days’ notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company and shall permit Landlord’s wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms ofat Tenant's sole expense, and subject applied to the conditions contained inLandlord's Electricity Cost, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: (i) Tenant shall contract for such electrical service directly with the said public utility for all of Tenant’s electric current requirements and (ii) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (a) the annual fixed rent reserved under this lease shall be reduced by $1,380.00 (as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) and (b) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.Section
Appears in 1 contract
Electricity. 16.01 Subject to the terms of Section 16.03, Landlord shall furnish allow distribution of electrical service to the Demised Premises during business twenty four hours (i.e., 8:00 A.M. to 6:00 P.M. on Mondays through Fridays, except such a day seven days as are observed by the State or Federal government as legal holidays and those days designated as holidays by the applicable Building service union employees contract) a week for lighting the same and for the operation of normal office equipment (such as typewriters, computers, calculators and copy machines) therein. Except as provided to the contrary in Sections 16.04, 16.06, 16.07, 16.08 and 16.09 of this Article, such electrical service shall be furnished without specific measurement, on any meter or otherwise, and without additional specific charge to Tenant, the charge for the furnishing of such electrical service being included shall be $660,800.00 per annum ($55,066.67 per month) payable in monthly installments by Tenant as additional rent (the fixed rent reserved under this lease"INITIAL ELECTRICITY FACTOR"), subject to adjustment as provided in Section 16.04 of this Article.] The Initial Electricity Factor, as the same may from time to time hereafter be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor. Notwithstanding the foregoing, however, Tenant agrees that Landlord shall not in any way be liable or responsible to Tenant for any loss, damage, or expense that Tenant may sustain or incur if either the quantity or character of electrical service is changed, is no longer available, or is unsuitable for Tenant’s 's requirements. At Landlord’s 's option, Tenant shall purchase from Landlord or its agent all lamps, starters, ballasts, or bulbs used in the Demised Premises. The Electricity Factor, as the same may be increased from time to time pursuant to this Article 16, shall increase by three (3%) percent per annum on a cumulative basis.
16.02 Tenant covenants and agrees that, at all times, its use of electric current shall never exceed the capacity of the feeders to the Building or the risers or wiring installation thereof. In connection therewith, Tenant expressly agrees that all installations, alterations and additions of and to the electrical fixtures, appliances, or equipment within the Demised Premises shall be subject to Landlord’s 's prior written approval, and, if such approval shall be given, rigid conduit only shall be permitted. If, in connection with any request for such approval, Landlord shall, in its sole judgment, determine that the risers of the Building servicing the Demised Premises shall be insufficient to supply Tenant’s 's electrical requirements with respect thereto, Landlord shall, at the sole cost and expense of Tenant, install any additional feeder(s) that Landlord shall deem necessary with respect thereto, provided, however, that, if Landlord shall determine, in its sole judgment, that the same will cause permanent damage or injury to the Building or to the Demised Premises, cause or create a dangerous or hazardous condition, entail excessive or unreasonable alterations, repairs, or expense, or interfere with, or disturb, the other Tenants tenants or occupants of the Building, then Landlord shall not be obligated to make such installation, and Tenant shall not make the installation, alteration, or addition with respect to which Tenant requested Landlord’s 's consent. In addition to the installation of such riser or risers, Landlord will also, at the sole cost and expense of Tenant, install all other equipment necessary and proper in connection therewith, subject to the aforesaid terms and conditions. All of the aforesaid costs and expenses are chargeable and collectible as additional rent, and shall be paid by Tenant to Landlord within five (5) days after rendition of any b▇▇▇▇ or statements to Tenant therefor.
16.03 Provided that it is physically possible for Tenant to receive electric current in the Demised Premises directly from the public utility company serving corporation(s) and/or other entities Landlord has selected to supply electrical service to the area in which the Building is locatedBuilding, Landlord may discontinue the aforesaid service upon thirty (30) days’ ' notice to Tenant without being liable to Tenant therefor and without in any way affecting this lease Lease or the liability of Tenant hereunder, and the same shall not be deemed to be a lessening or diminution of services within the meaning of any law, rule, or regulation now or hereafter enacted, promulgated, or issued. In the event that Landlord gives such notice of discontinuance, Landlord shall permit Tenant to receive such service directly from such public utility company corporation(s) and/or other entities Landlord has selected to supply electrical service to the Building and shall permit Landlord’s 's wires and conduits, to the extent available, suitable and safely capable, to be used for such purpose. Any additional wires, conduits, or other equipment necessary and proper in connection therewith shall be installed by Landlord in accordance with the terms of, and subject to the conditions contained in, Section 16.02 of this Article. In the event that Landlord exercises its rights under this Section 16.03, then: :
(ia) Tenant shall contract for such electrical service directly with the said public utility corporation(s) and/or other entities so selected by Landlord to supply electrical service to the Building for all of Tenant’s electric current 's electrical service requirements and (iib) as of the date upon which Landlord discontinues furnishing electric current to Tenant, (ai) the annual fixed rent reserved under this lease Initial Electricity Factor shall be reduced by $1,380.00 (remain payable as such amount may have been previously increased in accordance with the provisions of Sections 16.04 and 16.05 of this Article) aforesaid and (bii) any Increased Usage Charge (as such term is defined in Section 16.06 of this Article) shall be discontinued. The amount set forth in sub-subdivision (a) of subdivision (ii) above is hereinafter called the Initial Electricity Factor, and the said amount, as the same may, from time to time hereafter, be increased pursuant to the terms of Sections 16.04 and 16.05 of this Article, is hereinafter called the Electricity Factor.
Appears in 1 contract
Sources: Lease (Aveta Inc)