Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall furnish or cause to be furnished electric current to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, from time to time, but no more frequently than monthly, for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Tenant shall bear the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Andersen Group Inc.), Lease Agreement (Andersen Group Inc.)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, (a) Landlord shall furnish or cause electrical power up to be furnished electric current to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage exceeds an average of 5.0 4.5 ▇▇▇▇▇ per square foot demand load load, at all times during the Term, exclusive of the Building’s HVAC system and “house” loads. Tenant shall have the right to allocate and distribute such aggregate capacity throughout the Premises as it so desires. Landlord shall use commercially reasonable efforts to furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy code. Additionally, Landlord shall furnish 120 volt power to the Premises for electrical outlets to operate Tenant’s standard office equipment and the equipment to be installed in the Premises pursuant to the Tenant’s Improvements (as defined in the Work Letter). Any additional electrical power required above (i) an average of 4.7 kilowatts per usable square foot of the Premises Rentable area at rated capacity, (for convenience receptaclesii) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot by any single piece of the Premises equipment that is not standard office equipment, or (for lightingiii) during Ordinary Business Hours, calculated on an annualized basis 120 volts will be considered excess electrical consumption (“Excess Electrical UsageConsumption”) and will be separately measured by Submeters (“Submeters”) at Tenant’s expense. The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms requiring supplemental air will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Tenant Name: Alkami Technology Building Name: Granite Park Three
(b) Landlord may, from time to time at Landlord’s sole cost (except as stated below), engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and/or Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), then and (iii) Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at LandlordTenant’s costexpense, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) permanent Submeters to measure the amount of electric current consumed in electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall pay to Landlordshall, from time to timetime thereafter within thirty (30) days after receiving an invoice from Landlord, but no more frequently than monthly, for its pay to Landlord any Excess Electrical Usage Cost reflected by such Submeters and all costs incurred by Landlord to maintain, repair and read the Submeters. At Tenant’s option and at Tenant’s sole cost, Tenant may install submeters to measure the Premises, plus Landlord’s charge equal electrical usage within the Premises on single tenant floors in which case Tenant shall pay (1) 100% of any separate submeter charges allocated to five percent (5%) the Premises and any of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within equipment located outside the Premises shall be provided by Landlord and (2) Tenant’s Share of Electrical Expenses for the cost thereof included in Operating Expenses. Tenant shall bear the cost of replacement of lamps, starters Common Areas and ballasts for any non-Building standard lighting fixtures within the PremisesService Areas.
Appears in 2 contracts
Sources: Office Lease (Alkami Technology, Inc.), Office Lease (Alkami Technology, Inc.)
Electricity. Subject (A) Lessor, subject to any Requirements or any public utility rules or regulations governing energy consumptionthe provisions of this Section 24, Landlord shall furnish electrical energy to or cause for the use of Lessee in the Premises in accordance with this Section 24.
(B) Throughout the Term, Lessor shall redistribute electrical energy to the Premises during Building Hours upon the following terms and conditions: (i) Lessee shall pay for such electrical energy as provided by this Section 24; (ii) Lessor will redistribute electricity to Lessee through presently installed electrical facilities for Lessee’s reasonable use of normal office equipment and such lighting, electrical appliances and equipment as Lessor may permit to be furnished installed in the Premises, all consistent with that wiring capacity that has been installed in the Premises; (iii) Lessee agrees that an independent electrical engineering consultant selected by Lessor shall from time to time make a survey of the electric power demand of the electric lighting fixtures and the electric equipment of Lessee used in the Premises to determine the average monthly electric consumption thereof, said survey to be at Lessee’s expense. Lessor reserves the right to estimate Lessee’s electric consumption until such a survey is made. The estimate will be based on One and 25/100 ($1.25) Dollars per square foot per year of the rentable area of the Premises and Lessee agrees that the Annual Fixed Basic Rent, as defined on the Reference Page, has been increased to compensate Lessor for supplying Lessee with electric current by an estimated Electric Rent Inclusion Factor as defined on the Reference Page. The aforesaid survey shall take into account, among other things, any special electrical requirements of Lessee and use by Lessee of electrical energy at times other than during Building Hours on Business Days. The findings of such engineering consultant as to the proper Electric Rent Inclusion Factor based on such average monthly electric consumption shall be conclusive and binding upon the parties and the amount thereof, less the Electric Rent Inclusion Factor, if in excess of the Electric Rent Inclusion Factor, shall be added to the Annual Fixed Basic Rent which shall be payable in installments of Monthly Fixed Basic Rent, payable for each month from the Commencement Date or if the amount thereof shall be lower than the Electric Rent Inclusion Factor, the difference therein shall be subtracted from the Annual Fixed Basic Rent and the resulting sum shall be the revised Annual Fixed Basic Rent which shall be payable in installments of Monthly Fixed Basic Rent (except that if the amount of such rent increase or decrease shall not have been determined on the Commencement Date, then, upon such subsequent determination, Lessee shall pay or receive a credit, as the case may be, for the retroactive determination from the Commencement Date to the date of such determination); (iv) If the Electric Rates (as hereinafter defined) on which the initial determination of said consultant was based shall be increased or decreased, then the Annual Fixed Basic Rent shall be increased or decreased in the amount equal to the change in Lessor’s cost of supplying electrical current to the Premises for Tenant’s use resulting from such rate change, retroactive if necessary to the date of such increase or decrease in accordance with such Electric Rates. The Term Fixed Basic Rent, as defined on the Design Standards; providedReference Page, however, that if it is determined shall be deemed modified accordingly by any of the aforesaid modifications.
(C) Lessee shall make no alterations or additions to the electric equipment appliances without first obtaining written consent from Lessor in each instance. If Lessee installs additional or substituted electrical equipment or appliances or otherwise increases its use of a Meter (defined below) that Tenantcurrent, then the Electric Rent Inclusion Factor shall be redetermined by Lessor’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot engineer or consultant, at Lessee’s expense, and such determination shall be conclusive and binding upon Lessor and Lessee. Lessee may at any time it believes any change in its electrical equipment or appliances or fixtures has reduced its electrical consumption request a resurvey of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot by Lessor’s electrical engineer or consultant, at Lessee’s expense. Any change in the Electric Rent Inclusion Factor resulting from a change in Lessee’s consumption shall be effective as of the date of such change, and the Term Fixed Basic Rent enumerated herein shall be deemed modified accordingly, retroactive if necessary.
(D) Lessor shall not be liable in any way to Lessee for any loss, damage or expense which Lessee may sustain or incur as a result of any failure, defect or change in the quantity or character of electrical energy available for redistribution to the Premises pursuant to this Section nor for any interruption in the supply, and Lessee agrees that such supply may be interrupted for inspection, repairs and replacement and in emergencies. In any event, the full measure of Lessor’s liability for any interruption in the supply due to Lessor’s acts or omissions shall be an abatement of Term Fixed Basic Rent and Additional Rent. In no event shall Lessor be liable for any business interruption suffered by Lessee. Lessee covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to the Building or the risers or wiring installation. Any riser or risers to supply Lessee’s electrical requirements, upon written request of Lessee, shall be installed by Lessor, at the sole cost and expense of Lessee, if, in Lessor’s sole judgment, the same are necessary and will not cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the installation of such riser or risers, Lessor shall also, at the sole cost and expense of Lessee, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions.
(for lightingE) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have Lessor reserves the right to charge Tenant an amount equal terminate the redistribution of electricity to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, Premises at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, from time to any time, but no more frequently than monthlyupon thirty (30) days’ written notice to Lessee, in which event Lessee may make application directly to the utility company servicing the Building for its Excess Electrical Usage at Lessee’s entire separate supply of electricity. Lessor, upon the Premisesexpiration of the aforesaid thirty (30) day period, plus Landlordmay discontinue furnishing the electric current, in which latter event Lessee’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to Annual Fixed Basic Rent shall be paid by Tenant for submetered electricity shall include any taxes or charges decreased by the utility service provider in connection therewith. The replacement charge for Electric Rent Inclusion Factor as of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Tenant shall bear the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within the Premises.date
Appears in 2 contracts
Sources: Lease Agreement (Wave2Wave Communications, Inc.), Lease Agreement (Wave2Wave Communications, Inc.)
Electricity. Subject (a) Landlord shall furnish electrical power for heating and air-conditioning services as described in subsection 5.1.2 and for lighting, including Tenant’s lighting and office equipment as described herein. Landlord shall use commercially reasonable efforts to any Requirements or any public utility rules or regulations furnish such electrical power in a cost-effective and environmentally responsible manner using environmentally responsible equipment, fixtures and supplies. Landlord shall furnish to the Premises electrical power for Tenant’s lighting in compliance with the governing energy consumptioncode. Additionally, Landlord shall furnish or cause to be furnished electric current 120 volt power to the Premises for electrical outlets to operate Tenant’s use standard office equipment and the equipment to be installed in accordance with the Design Standards; provided, however, that if it is determined by Premises pursuant to the use of a Meter (defined below) that Tenant’s Improvements (as defined in the Work Letter). Any additional electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis power required above 120 volts will be considered excess electrical consumption (“Excess Electrical UsageConsumption”) and will be separately measured by submeters (“Submeters”) at Tenant’s expense (which such expense shall not be duplicative of any Operating Expenses paid for by Tenant). The actual cost of such electrical usage as measured by such Submeters (“Excess Electrical Cost”, as hereinafter defined) shall be paid by Tenant. The present rate for lighting outside of Normal Business Hours is $5.00 per hour, subject to adjustment from time to time by Landlord. In the event Tenant regularly conducts Tenant’s business outside of Normal Business Hours, Tenant shall also pay for the cost of electricity regularly consumed at the Premises for lighting used in the Premises outside of Normal Business Hours, and the cost shall be considered Excess Electrical Consumption. Landlord agrees that Tenant may operate dedicated data/server rooms within the Premises and that all electrical usage of such rooms, including supplemental air, will be separately submetered at Tenant’s expense and the electrical usage, as measured by such Submeters shall be paid by Tenant as Excess Electrical Cost. Furthermore, in the event more than one third (1/3) of the Premises Rentable Area is at any time improved with cubicles, the Tenant’s Improvements shall include the installation of a transformer and an electrical panel. Tenant Name: Flex Leasing Power & Service LLC Building Name: Plaza Tower One
(b) Landlord may, from time to time, engage a reputable consultant to conduct a survey of electrical usage within the Premises (a “Consumption Survey”) or install one or more submeters (“Submeters”) to measure electrical usage within the Premises or a particular floor of the Premises. If the Consumption Survey or Submeters reflect Excess Electrical Consumption, then (i) Tenant shall be responsible for the costs of the Consumption Survey and Submeters, (ii) Tenant shall pay to Landlord, as Rent, the product of (A) the kilowatts of Excess Electrical Consumption during the period in question times (B) the cost per kilowatt of electricity charged to Landlord by the public utility for electricity consumed at the Property during such period (such product is herein called the “Excess Electrical Cost”), then and (iii) Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at LandlordTenant’s costexpense, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) permanent Submeters to measure the amount of electric current consumed in electrical consumption within the Premises. If Landlord installs permanent Submeters as permitted hereunder, Tenant shall pay to Landlordshall, from time to timetime thereafter within twenty (20) days after receiving an invoice from Landlord, but no more frequently than monthly, for its pay to Landlord any Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s Cost reflected by such Submeters and all costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided incurred by Landlord to maintain, repair and read the cost thereof included in Operating Expenses. Tenant shall bear the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within the PremisesSubmeters.
Appears in 2 contracts
Sources: Office Lease (FlexEnergy Green Solutions, Inc.), Office Lease (FlexEnergy Green Solutions, Inc.)
Electricity. Subject Landlord acknowledges 3000 AMP 480 / 277 volt, 3 phase electrical power is supplied to any Requirements the Complex (hereinafter referred to as the “Building standard rated electrical design load”). Tenant shall be allocated Tenant’s pro rata share of the Building standard circuits provided on the floor(s) Tenant occupies. Should Tenant’s fully connected electrical design load exceed the Building standard rated electrical design load for either low or any public utility rules or regulations governing energy high voltage electrical consumption, Landlord shall furnish or cause to be furnished electric current to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage exceeds an average design requires low voltage or high voltage circuits in excess of 5.0 ▇▇▇▇▇ demand load per usable square foot Tenant’s share of the Premises Building standard circuits, Tenant shall be responsible for complying with any of Landlord’s requirements in connection therewith, including, without limitation, installing (for convenience receptaclesat Tenant’s expense) one (1) additional high voltage panel and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of one (1) additional low voltage panel with associated transformer (which additional panels and transformers shall be hereinafter referred to as the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usageadditional electrical equipment”). If the additional electrical equipment is installed because Tenant’s low or high voltage rated electrical design load exceeds the applicable Building standard rated electrical design load, then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, a meter may also be added at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises option (a “Meter”at Tenant’s expense) to measure the amount electricity used through the additional electrical equipment. The design and installation of electric current consumed any additional electrical equipment (or related meter) required by Tenant shall be subject to the prior approval of Landlord (which approval shall not be unreasonably withheld). All expenses incurred by Landlord in connection with the Premisesreview and approval of any additional electrical equipment shall also be reimbursed to Landlord by Tenant. Tenant shall also pay to on demand the actual metered cost of electricity consumed through the additional electrical equipment (if applicable), plus any actual accounting expenses incurred by Landlord in connection with the metering thereof. Notwithstanding the foregoing, if: (i) such utility service is interrupted because of the acts of Landlord, from time its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to time, but no more frequently than monthly, for its Excess Electrical Usage at use the Premises in the normal course of it business) and Tenant in fact ceases to use the Premises, plus Landlordor material portion thereof, then, Tenant’s charge equal sole remedy for such interruption shall be as follows: on the fifth (5th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the Rent payable hereunder shall be abated on a per diem basis for each day after such five percent (5%) business day period based upon the percentage of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises so rendered untenantable and not used by Tenant, and such abatement shall be provided by Landlord and continue until the cost thereof included in Operating Expenses. Tenant shall bear date the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within the PremisesPremises become tenantable again.
Appears in 1 contract
Sources: Office Lease Agreement (Cross Country Healthcare Inc)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall furnish or cause to be furnished electric current provide reasonably sufficient electricity to the Premises (including adequate electrical wiring and facilities for connection to Tenant’s 's lighting fixtures and incidental use in accordance with equipment) for the Design Standards; providedPermitted Use, however, provided that if it is determined by the connected electrical load of Tenant's lighting fixtures and incidental use of a Meter equipment shall not exceed eight (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇8) w▇▇▇▇ demand load per usable square foot of the Premises Premises, exclusive of electricity serving the Building Systems. Landlord shall, at Tenant's sole cost and expense, install devices to separately sub-meter Tenant's electrical use at the Premises, and in such event, Tenant shall pay the cost of electrical service directly to Landlord as set forth below and the cost of electrical service shall be excluded from Operating Expenses. Bills for electricity shall be rendered at such time or times as Landlord may elect, but not more than once a month, and shall be payable by Tenant as Additional Rent (and not as an Operating Expense) within ten (I 0) business days of rendition thereof. Such electric b▇▇▇ shall include the sum of (A) the cost of electric service consumed in the Premises, and (B) Tenant's Share of the electric service consumed by the Building systems and in the Common Areas. The amount to be charged to Tenant by Landlord per KW and KWHR of electric service shall be the actual cost at which Landlord from time to time purchases such KW and KWHR of electricity utilized in the Building for convenience receptacles) the same period from the utility company calculated as set forth below. Such cost shall be determined by dividing the amount billed by the utility company for the KWs and KWHRs consumed in the Building during each respective billing period by the total number each of KWs and KWHRs consumed by the Building for such billing period as appearing on the utility company invoice. Tenant will design Tenant's electrical system serving any equipment producing nonlinear electrical loads to accommodate such nonlinear electrical loads, including, but not limited to, oversizing neutral conductors, derating transformers and/or 1.5 ▇providing power- line filters. Engineering plans shall include a calculation of Tenant's fully connected electrical design load with and without demand factors and shall indicate the number of w▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, from time to time, but no more frequently than monthly, for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing unmetered and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expensesloads. Tenant shall bear the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within the Premises.
Appears in 1 contract
Electricity. Subject SECTION 12.01. Electric current shall be supplied by Landlord to any Requirements Tenant as herein provided. Base Rent includes a charge for consumption of electricity for the Building standard 277-volt lighting fixtures installed in the Premises and for normal small office machines and fixtures connected to the Building standard 110-volt, single phase outlets, 24 hours per day. Tenant shall pay as Additional Rent, and on a monthly basis, for the consumption of electricity used in the Premises for a total connected load in excess of a total of five (5) watt▇ ▇▇▇ square foot of Rentable Area of the Premises at a rate computed on Landlord's average cost per kilowatt hour. Such average cost shall be determined by dividing the total kilowatt hours used in the Building into the total cost of the utility company's electricity invoices for the Building. The amount of electrical consumption in the Premises for a total connected load in excess of five (5) watt▇ ▇▇▇ll be determined by Landlord's reasonable estimate, or any public utility rules if requested by Tenant, by an engineering analysis and/or study by a consultant retained by Landlord and Tenant, such study to be at Tenant's sole cost. For computer floors, supplemental HVAC and other special installations, additional electrical usage shall be determined by measurement by electric meters to be installed as required by Landlord at Tenant's sole cost. If Tenant requires electrical current beyond five (5) watt▇ ▇▇▇ square foot, Tenant shall pay for such consumption as Additional Rent, based on the above method of calculating cost. Charges for excess electrical consumption shall be billed and paid as Additional Rent.
SECTION 12.02. Tenant shall pay as Additional Rent, within ten (10) days of being billed therefor, the cost of all replacement lamps, bulbs, starters and ballasts used in the Premises, together with the charge for installation thereof.
SECTION 12.03. Tenant covenants and agrees that at all times its use of electric current shall not exceed Tenant's proportionate share of the capacity of existing feeders to the Building or regulations governing energy consumptionthe risers or wiring installation. Any riser or risers or wiring to meet Tenant's excess electrical requirements, Landlord shall furnish upon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant if, in Landlord's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or Premises or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants.
SECTION 12.04. Tenant shall make no alterations or additions to the electric equipment or installation without the prior written consent of Landlord in each instance, and all work shall be done by Landlord at Tenant's expense in accordance with plans and specifications of Tenant to be furnished submitted and approved by Landlord.
SECTION 12.05. If, at any time when Landlord is furnishing electric current to the Premises Premises, it becomes illegal for Landlord to continue to do so, Landlord may, upon not less than thirty (30) days' prior written notice to Tenant’s use in accordance with , discontinue the Design Standards; providedfurnishing of such electric current. If Landlord gives any such notice of discontinuance, however, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have make all the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, from time to time, but no more frequently than monthly, for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Tenant shall bear the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within the Premises.necessary
Appears in 1 contract
Sources: Lease Agreement (Freemarkets Inc)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall furnish or cause to be furnished electric current to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter (defined belowa) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, from time without any setoff or deduction, Tenant’s Share of all electricity consumed in the use, occupancy, and operation of the Project, the Building and all related improvements and appurtenances, including any perimeter lights for the Project. Tenant’s pro rata share of all electricity used in the Building and related improvements and appurtenances (including electricity used for heating and air conditioning) is determined by multiplying (1) the Total Electricity Costs for the Building net of [Sub metered Power and] after-hours HVAC charges paid by tenants in the Building by (2) Tenant’s Share.
(b) The term Total Electricity Costs for the Building means the total electricity cost charged to timeLandlord by the entity supplying electricity to the Building, including taxes, but no more frequently than monthly, for its Excess Electrical Usage may not include any administrative fee or charge to Landlord. The term Submetered Power means all supplemental electricity that is separately submetered by Landlord and paid by tenants in the Buildings or that is separately tracked and calculated by Landlord’s engineer and paid by tenants in the Buildings.
(c) If Landlord at any time elects to install submeters measuring electricity used in the Building or the Premises, plus Landlord’s charge equal to five percent (5%) of which may include submeters measuring electricity used for heating and cooling the Building or Premises, then Tenant’s Excess Electrical Usage for Landlord’s pro rata share of those costs will be based on actual use as measured by the submeters, but with any areas sharing a submeter being prorated on the basis that the area of maintaining, repairing and reading such Meter. The rate the Premises bears to be paid the total area covered by the submeters.
(d) Landlord shall b▇▇▇ Tenant for submetered Tenant’s electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters under this Paragraph monthly and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Tenant shall bear pay its electricity charges within 5 business days after receipt of each b▇▇▇. Landlord shall b▇▇▇ Tenant for Tenant’s electricity charge for the cost last full or partial month of replacement the Lease Term as soon as practicable after the termination or expiration of lamps, starters this Lease and ballasts for any non-Building standard lighting fixtures Tenant shall pay the b▇▇▇ within 5 business days after receipt. Tenant’s obligation to pay the Premisesb▇▇▇ survives the termination or expiration of the Lease.
Appears in 1 contract
Sources: Office Lease (Espre Solutions Inc)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall redistribute or furnish or cause to be furnished electric current electricity to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use having an aggregate capacity of a Meter six (defined below6) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (excluding electricity for HVAC) for the operation of electrical systems and equipment in the Premises, subject to the terms and conditions of this Article 10. All amounts payable by Tenant to Landlord pursuant to this Article 10 are referred to collectively as “Electricity Additional Rent.” Landlord has installed a “Meter”) check meter to measure the amount consumption of electric current consumed electricity in the Premises. From and after the Commencement Date, Tenant shall pay to Landlord, as Additional Rent, within thirty (30) days after receipt of Landlord’s invoice therefor, the costs of all electricity supplied to the Premises. Said payments shall be based on the amounts shown on said check meter, and the costs and expenses incurred by Landlord in providing electrical service, which costs may include, without limitation, energy charges, demand charges, surcharges, time-of-day charges, the cost of generation, transmission and distribution services, stranded cost charges, taxes and other charges. If Landlord so elects, from time to time-to-time, but no more frequently than monthly, for its Excess Electrical Usage at Landlord may furnish a notice to Tenant increasing or adjusting the Premises, plus amount of the estimated payments on account of Electricity Additional Rent and thereafter Tenant shall pay the increased or adjusted estimated payments on account of Electricity Additional Rent in accordance with Landlord’s charge equal notice. Said adjustments may be based upon (i) increased consumption as measured by said check meter, or (ii) increases in the costs and expenses incurred by Landlord in connection with providing said electricity. After the expiration of each calendar year there shall be an adjustment between Landlord and Tenant to five percent (5%) account for any differential between the actual Electricity Additional Rent for such calendar year and the monthly estimated payments previously made by Tenant on account of Tenant’s Excess Electrical Usage for Landlord’s costs Electricity Additional Rent. If the total of maintaining, repairing and reading such Meter. The rate to be monthly estimated payments paid by Tenant with respect to any Calendar Year is greater than the actual Electricity Additional Rent for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lampssuch calendar year, starters and ballasts for Building standard lighting fixtures within the Premises then Tenant shall be provided entitled to a credit against Tenant’s next monthly installments on account of Rent payable hereunder in the amount of such difference or, if the Term has expired and Tenant has no outstanding monetary obligations to Landlord, then Landlord shall promptly pay such amount to Tenant. If the total of such monthly estimated payments actually paid by Landlord and Tenant is less than the cost thereof included in Operating Expenses. actual Electricity Additional Rent for such calendar year, then Tenant shall bear pay to Landlord the cost amount of replacement of lampssuch difference, starters and ballasts for any non-Building standard lighting fixtures as Additional Rent, within the Premisesthirty (30) days after Tenant receives Landlord’s invoice therefor.
Appears in 1 contract
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall furnish make or cause to be furnished made, customary arrangements with utility companies and/or other suppliers of electricity to furnish electric current to the Premises for Tenant’s use in accordance with the Design Standards; providedstandards to which the Base Building Systems have been designed (i.e., however, that if it is determined by the use of a Meter eight (defined below) that Tenant’s electrical usage exceeds an average of 5.0 8) ▇▇▇▇▇ demand load per usable square foot of the Premises, exclusive of base-Building HVAC). The Premises (for convenience receptacles) and/or 1.5 is currently served by 3.5 ▇▇▇▇▇ demand load per usable square of the Premises, exclusive of base-Building HVAC (the “Electrical Standard”). Tenant, as part of the Tenant Improvements, shall be entitled to modify the electrical capacity in order to enable Tenant to utilize an additional 4.5 ▇▇▇▇▇ per square foot of the Premises Premises, exclusive of base-Building HVAC for a total of 8 ▇▇▇▇▇ per square foot of the Premises, exclusive of base-Building HVAC. If Landlord reasonably determines by the use of an electrical consumption survey or by other reasonable means that Tenant is using electric current (including overhead fluorescent fixtures) in excess of the Electrical Standard (exclusive of electricity for lightingthe Building HVAC System) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost Landlord’s reasonable estimate of ▇▇▇▇▇▇Tenant’s Excess Electrical Usage. Landlord , and shall have the further right to install, at Landlord’s cost, an install a separate electric current meter, sub-meter submeter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. In the event that Excess Electrical Usage is determined to exist, the cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay to Landlord, from time to time, but no more frequently than monthly, for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered Metered electricity shall include any taxes or other third-party charges by the utility service provider in connection therewith. The replacement of lampsIn addition, starters and ballasts for Building standard lighting fixtures within if Tenant installs a trading floor and/or a computer data room in the Premises or non-standard office equipment in the Premises (i.e., equipment that uses more electric current than standard office equipment), Landlord shall have the right to install a Meter for such portion of the Premises and/or such non-standard office equipment upon the terms set forth above. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be provided paid by Landlord and Tenant. If such portion of the cost thereof included Premises uses electric current in Operating Expensesexcess of the Electrical Standard, Tenant shall pay Landlord, from time to time, but no more frequently than monthly, for such excess usage. Tenant shall bear pay Landlord, from time to time, but no more frequently than monthly, for the cost electrical usage of replacement of lamps, starters and ballasts for any all such Metered non-Building standard lighting fixtures within the Premisesoffice equipment.
Appears in 1 contract
Sources: Deed of Lease (FBR & Co.)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumptionExcept as provided in this Section, Landlord shall furnish or cause to be furnished electric Tenant throughout the Term (and as more particularly set forth in Exhibit D) electricity for the operation of lighting fixtures as shown on Exhibit D, and at 120 volt current for the operation of normal office fixtures and equipment, but excluding any high energy consumption equipment. Tenant covenants and agrees to the Premises for Tenant’s use in accordance with the Design Standards; providedpay, howeveras an additional charge, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an annual amount equal to the cost product of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter Electricity Reimbursement specified in Section 1.1 and the number of square feet in the Premises (a “Meter”) to measure the amount Rentable Floor Area of electric current consumed in the Premises. Tenant Such amount shall pay to Landlord, be paid in equal monthly installments (pro-rated for any partial month) on the Term Commencement Date and the first day of each subsequent calendar month during the Term. The Electricity Reimbursement figure in Section 1.1 is based on estimated electricity costs for Building standard lighting and office uses. At any time and from time to time, but no more frequently than monthly, Landlord may increase the per square foot amount of Electricity Reimbursement provided that such increase (i) results in a rate fairly reflecting Landlord’s then actual cost of supplying such electricity without ▇▇▇▇-up and/or (ii) is based on Tenant’s actual consumption of electricity as measured by meter(s) installed for its Excess Electrical Usage at the Premises or (if such meter is not in service or does not apply exclusively to the Premises, plus ) on Landlord’s charge equal to five percent (5%) of reasonable judgment that Tenant’s Excess Electrical Usage electricity consumption exceeds the permitted level of consumption as described in the preceding sentence. Any meter serving the Premises exclusively shall be maintained and repaired by Landlord at Tenant’s expense. Landlord may, at any time, at its sole election, discontinue the furnishing of electric current upon not less than two months’ notice (or such longer time as may be required to make arrangements with the electric utility for Landlorddirect service provided Tenant exercises commercially reasonable efforts to complete said arrangements as soon as possible), whereupon Tenant’s costs obligation to pay additional charges under this Section shall cease. In electing to discontinue furnishing electric current, Landlord shall not discriminate between Tenant and other tenants of maintainingthe Building similarly situated with respect to the reason for discontinuance of electric service. If Landlord elects to discontinue electric service, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by contract directly with the utility company supplying electric current and Landlord shall, at its expense, bear all capital costs associated with converting the Premises to utility company service provider and shall furnish and install, in the Premises or other location, necessary transmission lines and metering equipment used in connection therewith. The replacement with measuring Tenant’s consumption of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expenseselectric current. Tenant shall bear be responsible for maintenance and repair of such transmission and metering equipment during the cost balance of replacement the Term. If Tenant requires electricity in excess of lampsthat supplied by Landlord or if Tenant, starters pursuant to this Section, obtains its electricity directly from the utility company, Landlord shall, upon request, cooperate with Tenant in the installation of any equipment, wiring, conduits, and ballasts the like required for such electricity to the Premises provided that Tenant shall reimburse Landlord for all additional costs incurred and further provided that Landlord shall not be required to take any non-Building standard lighting fixtures within action which is inconsistent with applicable law, insurance regulation, or that entails excessive or unreasonable alterations or repairs to the PremisesProject or interference with other tenants or occupants of the Project.
Appears in 1 contract
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, 15.01. Landlord shall furnish or cause to be furnished the electric current to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, energy that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord Tenant shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter require in the Premises (a “Meter”) to measure the amount of electric current consumed in the Demised Premises. Tenant shall pay to Landlord, from time as additional rent, the costs and charges for all electric energy furnished to time, but no more frequently than monthly, for its Excess Electrical Usage Tenant at the Demised Premises, plus Landlord’s charge equal to five percent other than the electric energy costs and charges for the use and operation of the HVAC system (5%and all its component parts) of Tenant’s Excess Electrical Usage for Landlord’s which costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord included as Operating Expenses under Article 5. Additional rent for such electric energy shall be calculated and payable in the manner hereinafter set forth.
15.02. As part of Landlord's Work as described in Exhibit C, Landlord, at Tenant's sole cost thereof included in Operating Expensesand expense, shall install an electric meter or sub-meter which shall measure Tenant's electrical use (other than the electric energy costs and charges for the use and operation of the base Building HVAC system and all of its component parts). Tenant shall bear pay the cost of such use to Landlord as additional rent, based upon the actual electrical energy usage as measured by the sub-meter, as if Tenant was a direct independent customer of the utility company.
15.03. Landlord shall not be liable in any way to Tenant for any failure or defect in the supply or character of electric energy furnished to the Demised Premises by reason of any requirement, act, or omission of the public utility serving the Building with electricity or for any other reason. Landlord shall furnish and install all replacement of lighting tubes, lamps, starters bulbs, and ballasts required in the Demised Premises at Tenant's expense at a commercially reasonable cost.
15.04. Tenant's use of electric energy in the Demised Premises shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. Landlord represents that the electrical capacity of the Demised Premises is sufficient to satisfy the needs of Tenant for any non-commercially reasonable use based upon the improvements contemplated in Exhibit C. Landlord further states that the Landlord shall provide electricity service to the main distribution electric ▇▇▇▇ service in the closet located in the Demised Premises capable of providing seven (7) ▇▇▇▇▇ (electric demand load, exclusive of HVAC) per rentable square feet as a basic building service. Tenant's use of such electricity service (other than the electric energy costs and charges for the use and operation of the base Building standard lighting fixtures within the PremisesHVAC system and all of its component parts) shall be separately metered, as provided in Section 15.
Appears in 1 contract
Sources: Sublease Agreement (I Many Inc)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall furnish make or cause to be furnished made, customary arrangements with utility companies and/or public service companies to furnish electric current to the Premises for Tenant’s use of the Premises for the Permitted Uses in accordance with the Design Standards; provided, however, that if it is determined a normal and customary manner. If Landlord reasonably determines by the use of a Meter an electrical consumption survey or by other reasonable means that Tenant is using electric current (defined belowincluding overhead fluorescent fixtures) that Tenant’s electrical usage exceeds an average in excess of 5.0 ▇▇▇▇▇ demand load .60 kilowatt hours per usable square foot of rentable area in the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hoursmonth, calculated as determined on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost Landlord’s reasonable estimate of ▇▇▇▇▇▇Tenant’s Excess Electrical Usage. Landlord , and shall have the further right to install, at Landlord’s cost, install an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. The cost of such Meter, special conduits, wiring and panels needed in connection therewith and the installation, maintenance and repair thereof shall be paid by Tenant. Tenant shall pay to Landlord, from time to time, but no more frequently than monthly, for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or other charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises All electricity other than Excess Electrical Usage shall be provided by Landlord and to Tenant as no additional cost. Electricity utilized in connection with supplying HVAC service to the cost thereof included in Operating Expenses. Tenant Premises during Overtime Periods pursuant to Section 10.5 below shall bear not be deemed Excess Electrical Usage, as the cost of replacement of lamps, starters and ballasts such electricity is included in the rates for any non-Building standard lighting fixtures within the Premisessupplying HVAC service during Overtime Periods as set forth in Section 10.5.
Appears in 1 contract
Sources: Lease Agreement (Inphi Corp)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall furnish or cause to be furnished electric current provide electricity to the Premises for Tenantthrough the base building electrical system to be installed by Landlord as part of Landlord’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter (defined below) that Work. Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter use in the Premises (a “Meter”) to measure shall be sub-metered and from and after the amount of electric current consumed in the Premises. Occupancy Date, Tenant shall pay to Landlord, as Additional Rent, on demand from time to time, but no not more frequently than monthly, for its Excess Electrical Usage consumption of electricity based on such submeter(s) (“Tenant’s Electricity Charge”). At Landlord’s election, on a monthly basis at the Premisestime and in the fashion herein provided for the payment of Annual Fixed Rent, plus Tenant shall pay Landlord’s charge , as Additional Rent, an amount equal to five percent (5%) 1/12th of the annual cost, as reasonably estimated by Landlord, of the cost of Tenant’s Excess Electrical Usage consumption of electricity. Following the end of each full or partial calendar year during the Lease Term, Landlord shall deliver to Tenant a statement setting forth the amount of Tenant’s Electricity Charge based on Tenant’s actual usage of electricity service for Landlordthe partial or full calendar year in question and the sum of the Electricity Charge estimates that have been paid by Tenant. If the amount of Tenant’s costs Electricity Charge exceeds the sum of maintaining, repairing and reading such Meter. The rate to be the Electricity Charge estimates paid by Tenant for submetered electricity such period, Tenant shall include pay Landlord the difference within thirty (30) days after receipt of such statement. If the sum of the Electricity Charge estimates paid by Tenant for such period exceeds Tenant’s Electricity Charge for such period, Landlord shall credit the difference toward the Electricity Charge estimate payment(s) next due and, at the end of the Lease Term, refund any taxes excess amount of Electricity Charge estimates paid by Tenant, less the amount of any moneys owed to Landlord by Tenant. Tenant shall maintain in good order and repair (and replace, if necessary) all meters serving the Premises. Tenant shall not install or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures use within the Premises any equipment, appliance or machine which shall require amounts of electrical energy exceeding the standard capacity provided for the Premises pursuant to Exhibit 2.1, unless the installation and use of such additional equipment, appliance, or machine has been approved by Landlord, which approval shall not be provided unreasonably withheld, conditioned or delayed. If Tenant fails to pay any charges for electricity on a timely basis, and such failure remains uncured for thirty (30) days after notice thereof to Tenant, then Landlord may pay such charges directly to the utility company, and Tenant shall reimburse Landlord as Additional Rent for all amounts reasonably expended by Landlord and the cost thereof included in Operating Expensesconnection therewith within thirty (30) days after receipt of an invoice therefor, except as expressly set forth in this Lease. Landlord shall not be liable in any way to Tenant shall bear the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within failure, defect or interruption of, or change in the Premisessupply, character and/or quantity of electricity service furnished to the Premises by any utility provider.
Appears in 1 contract
Electricity. Subject Section 12.01. Electric current shall be supplied by Landlord to any Requirements or any public utility rules or regulations governing energy consumptionTenant as herein provided. Base Rent includes a charge for consumption of electricity for the Building standard 277-volt lighting fixtures installed in the Premises and for normal small office machines and fixtures connected to the Building standard 110-volt, Landlord single phase outlets, 24 hours per day. Tenant shall furnish or cause to be furnished electric current to pay as Additional Rent, and on a monthly basis, for the consumption of electricity used in the Premises for Tenant’s use a total connected load in accordance with the Design Standards; provided, however, that if it is determined by the use excess of a Meter total of five (defined below5) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of Rentable Area of the Premises at a rate computed on Landlord’s average cost per kilowatt hour. Such average cost shall be determined by dividing the total kilowatt hours used in the Building into the total cost of the utility company’s electricity invoices for the Building. The amount of electrical consumption in the Premises for a total connected load in excess of five (for convenience receptacles5) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises shall be determined by Landlord’s reasonable estimate, or if requested by Tenant, by an engineering analysis and/or study by a consultant retained by Landlord and Tenant, such study to be at Tenant’s sole cost. For computer floors, supplemental HVAC and other special installations, additional electrical usage shall be determined by measurement by electric meters to be installed as required by Landlord at Tenant’s sole cost. If Tenant requires electrical current beyond five (for lighting5) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage▇ per square foot, Tenant shall pay for such consumption as Additional Rent, based on the above method of calculating cost. Landlord Charges for excess electrical consumption shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premisesbe billed and paid as Additional Rent.
Section 12.02. Tenant shall pay to Landlordas Additional Rent, from time to timewithin ten (10) days of being billed therefor, but no more frequently than monthlythe cost of all replacement lamps, for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lampsbulbs, starters and ballasts used in the Premises, together with the charge for installation thereof.
Section 12.03. Tenant covenants and agrees that at all times its use of electric current shall not exceed Tenant’s proportionate share of the capacity of existing feeders to the Building standard lighting fixtures within or the risers or wiring installation. Any riser or risers or wiring to meet Tenant’s excess electrical requirements, upon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant if, in Landlord’s sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or Premises shall be provided by Landlord and the cost thereof included in Operating Expensesor cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants.
Section 12.04. Tenant shall bear make no alterations or additions to the cost electric equipment or installation without the prior written consent of replacement Landlord in each instance, and all work shall be done by Landlord at Tenant’s expense in accordance with plans and specifications of lampsTenant to be submitted and approved by Landlord.
Section 12.05. If, starters and ballasts at any time when Landlord is furnishing electric current to the Premises, it becomes illegal for Landlord to continue to do so, Landlord may, upon not less than thirty (30) days’ prior written notice to Tenant, discontinue the furnishing of such electric current. If Landlord gives any non-Building standard lighting fixtures within such notice of discontinuance, Landlord shall make all the necessary arrangements with a public utility to furnish such electric current to the Premises, but Tenant will contract directly with such public utility for the supplying of such electric current to the Premises.
Appears in 1 contract
Sources: Lease Agreement (Ariba Inc)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, (a) Landlord shall furnish or cause to be furnished electric current to the electricity Tenant shall require in the Demised Premises for Tenant’s use in accordance with and the Design Standards; provided, however, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot common areas of the Premises (Building for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated heating and air conditioning on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premisesrent inclusion basis. Tenant shall pay to Landlord, as Additional Rent, Tenant's Electricity Charge which amount is defined in Section 1.07 hereof for Tenant's electricity consumption within the Demised Premises for interior lighting and the use of Tenant's business equipment. This sum shall be payable to Landlord in advance on a monthly basis together with Base Rent and shall represent the cost of all electricity furnished to Tenant at the Demised Premises other than for heating and air-conditioning based on 5.5 ▇▇▇▇▇ per useable square foot.
(b) If the Plans and Specifications anticipate extra electric usage based on either substantially greater needs than 5.5 ▇▇▇▇▇ per useable square foot or regular usage beyond the Building business hours, the amount charged to Tenant as set forth in Section 1.07 and paragraph (b) above shall be adjusted to reflect such additional usage.
(c) Tenant's Electricity Charge as set forth in Section 1.07 hereof may be adjusted when the rate charged the Landlord by the local electric company is modified between the execution of this Lease and the Commencement Date and further adjusted from time to timetime to reflect changes in the rate charged the Landlord subsequent to the Commencement Date (but only if Tenant's usage, coupled with the rate charged the Landlord, may reasonably be anticipated to exceed Tenant's Electricity Charge as set forth in Section 1.07). Any resulting charges for electricity shall be no greater than the cost of the same service if the Tenant were individually connected to the local electric utility company.
(d) Subsequent to Tenant's having taken occupancy and commenced use of the Demised Premises, Landlord may cause a survey to be made by an independent electrical engineer or other qualified person of the estimated use of electricity in the Demised Premises (other than for the heating and air conditioning provided by Landlord as required herein, but no including any supplemental HVAC systems installed for Tenant's sole use within the Demised Premises provided the consumption for said supplemental HVAC is not being measured and billed to Tenant pursuant to a direct meter or sub-meter). The Tenant Electricity Charge set forth in Section 1.07 hereof shall be adjusted not more frequently than monthly, for its Excess Electrical Usage at annually to reflect the Premises, plus Landlord’s charge equal to five percent (5%) outcome of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meterthis survey. The rate cost of preparing the survey shall be included in Building Operating Costs. Tenant may also cause a survey to be made by an independent electrical engineer or other qualified person of the estimated use of electricity in the Demised Premises but the cost of preparing Tenant's survey shall be paid by Tenant.
(e) If Landlord or Tenant requests, Landlord shall install an electric meter or sub-meter to measure the electricity actually consumed in all or a portion of the Demised Premises at any time, inclusive of any supplemental HVAC equipment installed for submetered electricity Tenant's sole use (such as an air conditioning unit for Tenant's computer equipment room). Landlord shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lampsarrange for such installation, starters and ballasts for Building standard lighting fixtures within the Premises which shall be provided by Landlord and at the cost thereof included in Operating Expensesrequesting party's expense. Tenant shall bear pay for its electrical usage based on metering or sub-metering to Landlord, as Additional Rent, on a monthly basis together with Rent, at the cost tariff applicable to Landlord, either (i) in lieu of replacement the Tenant's Electricity Charges if said metering or sub-metering measures Tenant's electric consumption for all interior lighting and receptacle use of lampsTenant's business equipment throughout the entire Demised Premises (excluding the Building heating and air conditioning), starters and ballasts for or (ii) in addition to Tenant's Electricity Charges if said metering is to measure Tenant's use of any non-Building standard lighting fixtures within the Premisessupplemental HVAC equipment.
Appears in 1 contract
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, (a) Landlord shall furnish or cause to be furnished electric current to the electricity Tenant shall require in the Demised Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter heating and air conditioning during Business Hours at no extra cost (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”subject to adjustments under Section 5.03 or otherwise provided herein), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, as a component of Rent, the sum of One Dollar and Thirty-Five Cents ($1.35)/rentable sq. ft./yr. in advance on a monthly basis together with Base Rent. This sum shall represent the cost of all electricity furnished to Tenant at the Demised Premises during Business Hours, other than for heating and air-conditioning, based on 5.5 watts/useable sq. ft.
(b) If the Plans and Specificatio▇▇ ▇▇bmitted in connection with the Tenant Work or any alterations or improvements undertaken by Tenant during the Term anticipate extra electric usage based on either substantially greater needs than 5.5 watts/useable sq. ft. or regular usage beyond the Building Business ▇▇▇▇▇, the amount charged to Tenant as set forth in paragraph (a) above shall be adjusted to reflect such additional usage.
(c) The amount payable by Tenant as set forth in paragraph (a) above may be adjusted when the rate charged Landlord by the local electric company is modified between the execution of this Lease and the Commencement Date and further adjusted from time to timetime to the reflect changes in the rate charged Landlord subsequent to the Commencement Date.
(d) Subsequent to Tenant's having taken occupancy and commenced use of the Demised Premises, but no Landlord or Tenant may cause a survey to be made by an independent electrical engineer or other qualified person of the estimated use of electricity on the Demised Premises (other than for heat and air conditioning). The $1.35/rentable sq. ft./yr. charge set forth in paragraph (a) above shall be adjusted not more frequently than monthly, for its Excess Electrical Usage at annually to reflect the Premises, plus Landlord’s charge equal to five percent (5%) outcome of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meterthis survey. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by cost of preparing the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises survey shall be provided by Landlord and the cost thereof included in Building Operating ExpensesCosts if undertaken by Landlord. Tenant shall bear pay for the cost survey if it undertakes to cause same to be made.
(e) If Landlord requests or if Tenant elects to do so, Tenant shall install an electric meter to measure the electricity actually consumed on the Demised Premises at any time, provided the local electric utility company so permits. Tenant shall arrange with the utility company for such installation, which shall be at Tenant's expense. Tenant shall pay for its electrical usage based on metering to Landlord on a monthly basis together with Base Rent, at the rate applicable to Landlord, in lieu of replacement the charge set forth in paragraph (a) above.
(f) Landlord currently uses a certain utility company to provide electricity service for the Real Estate (the "Current Electric Service Provider"). Notwithstanding the foregoing, if permitted by applicable law, Landlord shall have the right at any time and from time to time during the Term of lampsthis Lease to either contract for services from a different company or companies providing electricity service (each such company being referred to as an "Alternate Service Provider") or continue to contract for service from the Current Electric Service Provider. Tenant shall cooperate with Landlord, starters the Current Electric Service Provider, and ballasts for any non-Building standard lighting fixtures Alternate Service Provider at all times and, as reasonably necessary, shall allow Landlord, the Current Electric Service Provider and any Alternate Service Provider reasonable access to the Building's electric lines, feeders, risers, wiring, and any other machinery within the Demised Premises.
Appears in 1 contract
Sources: Lease (Genta Incorporated /De/)
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, Landlord shall furnish or cause provide electrical wiring and facilities for connection to be furnished electric current Tenant’s lighting and Tenant’s incidental use equipment as described in Schedule 2 to the Premises Exhibit B. Tenant shall not use combined electrical load for Tenant’s incidental use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter (defined below) that equipment and Tenant’s lighting fixtures in excess of its pro rata share of the capacity of the feeders, which electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, from time to time, but no more frequently than monthly, for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expensessubject to Applicable Laws, including Title 24. Tenant shall bear the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within the PremisesPremises (Landlord, as part of Operating Expenses, will replace Building-standard lamps, starters and ballasts). Tenant shall reasonably cooperate with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building Systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) which shall be (i) installed by Landlord or any tenant, for other tenant space in the Project, (ii) installed by Tenant for the Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), and (iii) installed by Landlord for the Common Areas and Building Systems. Tenant shall have no obligation to pay for any costs of electricity (including as part of Operating Expenses) shown on the Submetering Equipment described in item (i) above. Tenant shall be responsible to pay directly, and not as a part of Operating Expenses, for the cost of all electricity shown on the Submetering Equipment described in item (ii) above. The cost of all electricity shown on the Submetering Equipment described in item (iii) above (except to the extent included in the Extra HVAC Costs) shall be included in Operating Expenses. Tenant may audit Landlord’s readings of the Submetering Equipment and Landlord shall deliver reasonably detailed invoices to Tenant reflecting Landlord’s reading of the Submetering Equipment and resulting electricity costs.
Appears in 1 contract
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, a. Landlord shall furnish or cause to be furnished electric current supply electricity to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of to supply a Meter requirement not to exceed approximately twelve (defined below12) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot Rentable Area and Tenant agrees in its use of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have not to exceed such requirement and that its total connected lighting load will not exceed the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, maximum from time to timetime permitted under applicable governmental regulations. Except as set forth in Exhibit C, but no more frequently than monthlyLandlord shall purchase and install all lamps, for its Excess Electrical Usage at the Premisestubes, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lampsbulbs, starters and ballasts for Building standard all original fluorescent tubes within the Premises. All other bulbs, tubes and lighting fixtures within for the Premises shall be provided and installed by Landlord at Tenant’s cost and expense. In order to assure that the cost thereof included foregoing requirements are not exceeded and to avert possible adverse affect on the Building’s electric system, Tenant shall not, without Landlord’s prior consent, connect any fixtures, appliances or equipment to the Building’s electric distribution system other than standard office equipment including, without limitation, personal computers, printers, photocopiers and fax machines.
b. Landlord shall install at Landlord’s expense a submeter which shall measure electric consumption (including electricity consumed in Operating Expensesconnection with the operation of the variable-air-volume (VAV) boxes used to heat and cool the Premises for after normal business hours operation) in the Premises, to be charged in accordance with Section 7.4.a above; provided, that Tenant shall not be charged a separate administrative fee with respect to the submetering. Tenant shall bear pay as additional rent all amounts billed by the applicable utility company when due directly to the utility company. If, for any reason, such utility charges are not separately metered or submetered at any time during the Term, Tenant shall pay as additional rent all reasonably allocated charges attributable to the furnishing of electricity to the Premises.
c. In the computation of Operating Costs, only the cost of replacement electricity supplied to those portions of lampsthe Building other than those intended to be leased to tenants for their exclusive use and occupancy, starters and ballasts or used by the Building for any nonits own offices, i.e., only those areas which are so-Building standard lighting fixtures within the Premisescalled common areas, shall be included.
Appears in 1 contract
Sources: Lease Agreement (TechTarget Inc)
Electricity. Landlord has contracted for electricity service for the Premises from a utility company that provides such service (an “Electric Service Provider”). The amount of all electricity consumed in the Premises shall be known as the “Premises Electricity Usage”. Landlord, at Landlord’s cost, has sub-metered the Premises to measure the Premises Electricity Usage. Subject to the terms of this Section 10.1 below, if, during any Requirements or any public utility rules or regulations governing energy consumptioncalendar month of the Term, Landlord shall furnish or cause to be furnished electric current to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage Electricity Usage exceeds an average of 5.0 amount equal to four (4) ▇▇▇▇▇ demand load of electricity per hour per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis Hours (weekday and weekend hours included) for such calendar month (such wattage allowance to be known as the “Wattage Allowance” and such excess amount over the Wattage Allowance for such calendar month to be known as the “Excess Electrical UsageUse”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, from time to time, but no more frequently than monthly, reimburse Landlord for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) actual cost of Tenant’s Excess Electrical Usage Use (determined as provided in this Section 10.1 below) within thirty (30) days following Tenant’s receipt of a detailed invoice evidencing such Excess Electrical Use and the applicable cost related thereto. In determining Tenant’s Excess Electrical Use, if any, the Wattage Allowance shall be used to calculate Tenant’s electrical allowance (as well as the electrical allowance for all other tenants of the Building which, at Landlord’s costs option, are separately metered for electrical usage), which shall be expressed in Kilowatts per hour (“KWH”) for purposes of maintainingbilling (the “Standard KWH Allocation”). Subject to the foregoing, repairing and reading such Meter. The rate to be paid by Tenant the Standard KWH Allocation for submetered electricity shall include any taxes or charges by a particular calendar
(i) the utility service provider in connection therewith. The replacement of lamps, starters and ballasts Standard KWH Allocation for Building standard lighting fixtures within the Premises shall be provided subtracted from the total Premises Electricity Usage during the applicable calendar month; and (ii) such difference shall then be multiplied by the average cost per KWH charged to Landlord at the Building in accordance with the Electric Service Provider’s rate structure then in effect for such calendar month, and such product shall be the amount due and payable by Tenant to Landlord for Tenant’s Excess Electrical Use for that particular calendar month. Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Notwithstanding any provision to the contrary contained in this Lease, the cost incurred by Landlord for electricity in the Building (including for the Building HVAC system which provides HVAC service to the Building, including, without limitation, the tenant premises areas of the Building), the Common Areas and any tenant premises areas of the cost thereof Building, shall be included as part of Operating Expenses for the Base Year and any Comparison Year; provided, however, that electricity costs attributable to any tenant premises areas of the Building that are included in Operating Expenses. Tenant Expenses shall bear in no event exceed the cost of replacement of lampsStandard KWH Allocation for such tenant’s premises, starters and ballasts for any non-Building standard lighting fixtures within the Premisescalculated as provided in this Section 10.1 above.”
Appears in 1 contract
Sources: Lease (Mindspeed Technologies, Inc)
Electricity. Subject In addition to any Requirements or any Base Rent, Operating Expenses and Real Property Taxes, Tenant shall pay for all electrical power used for the following: (a) lighting the Premises, (b) providing electrical power to equipment in the Premises, (c) providing electrical power to equipment exclusively serving the Premises and (d) for providing electrical power to convenience outlets in the Premises (“Premises Electrical Consumption”). If Premises Electrical Consumption is separately metered to the Premises by the public utility rules entity providing electricity to the Building, Tenant shall contract directly with the such public utility for such electrical service (the "Public Electrical Service Provider"). Tenant shall pay the Public Electrical Service Provider for all such electricity, at Tenant's sole cost and expense. If some or regulations governing energy consumptionall of the Premises Electrical Consumption is not separately metered by and paid directly to a Public Electrical Service Provider (such electricity is hereinafter referred to as “Landlord Electricity”), Landlord shall furnish have no obligation to install separate meters or cause other measuring devices to be furnished electric current to the Premises for measure Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord Electricity. Landlord shall have the right to charge estimate the amount of Landlord Electricity used by Tenant an amount equal to using a methodology selected by Landlord, in Landlord’s sole and absolute discretion. Tenant acknowledges and agrees that Landlord’s calculation of the cost of ▇▇▇▇▇▇Landlord Electricity used in the Premises will not produce the exact actual cost of the Landlord Electricity used in the Premises, and that Landlord’s Excess Electrical Usageestimate of the Landlord Electricity Cost shall nevertheless be final and binding on Tenant. From time to time Landlord shall have the right to notify Tenant of Landlord’s monthly estimate of the cost of Landlord Electricity (a “Monthly Estimate”). When Landlord notifies Tenant of the Monthly Estimate, Tenant shall thereafter pay the Monthly Estimate on the first day of each month with its Base Rent without further notice or demand by Landlord. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in change the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, Monthly Estimate from time to time, but no more frequently than monthly, time upon written notice to Tenant. Landlord's failure to ▇▇▇▇ Tenant for its Excess Electrical Usage at the Premises, plus Landlord’s charge equal to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Tenant shall bear the cost of replacement of lamps, starters and ballasts Electricity Consumption for any non-Building standard lighting fixtures within the Premisesgiven period shall not constitute Landlord's waiver of its right to collect such amount at a later date or otherwise prejudice Landlord's rights hereunder.
Appears in 1 contract
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, (a) Landlord shall furnish or cause to be furnished electric current to the electricity Tenant shall require in the Demised Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of heating and air conditioning on a Meter (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premisesrent inclusion basis. Tenant shall pay to Landlord, as Additional Rent, Tenant’s Electricity Charge which amount is defined in Section 1.07 hereof for Tenant’s electricity consumption within the Demised Premises for interior lighting and the use of Tenant’s business equipment. This sum shall be payable to Landlord in advance on a monthly basis together with Base Rent and shall represent the cost of all electricity furnished to Tenant at the Demised Premises other than for heating and air-conditioning based on 5.5 ▇▇▇▇▇ per useable square foot.
(b) If the Plans and Specifications anticipate extra electric usage based on either substantially greater needs than 5.5 ▇▇▇▇▇ per useable square foot or regular usage beyond the Building business hours, the amount charged to Tenant as set forth in Section 1.07 and paragraph (b) above shall be adjusted to reflect such additional usage.
(c) Tenant’s Electricity Charge as set forth in Section 1.07 hereof may be adjusted when the rate charged the Landlord by the local electric company is modified between the execution of this Lease and the Commencement Date and further adjusted from time to timetime to reflect changes in the rate charged the Landlord subsequent to the Commencement Date. Any resulting charges for electricity shall be no greater than the cost of the same service of the Tenant were individually connected to the local electric utility company.
(d) Subsequent to Tenant’s having taken occupancy and commenced use of the Demised Premises, Landlord may cause a survey to be made by an independent electrical engineer or other qualified person of the estimated use of electricity in the Demised Premises (other than for the heating and air conditioning provided by Landlord as required herein, but no including any supplemental HVAC systems installed for Tenant’s sole use within the Demised Premises provided the consumption for said supplemental HVAC is not being measured and billed to Tenant pursuant to a direct meter or sub-meter). The Tenant Electricity Charge set forth in Section 1.07 hereof shall be adjusted not more frequently than monthlyannually to reflect the outcome of this survey. The cost of preparing the survey shall be included in Building Operating Costs.
(e) If Landlord or Tenant requests, Landlord shall install an electric meter or sub-meter to measure the electricity actually consumed in all or a portion of the Demised Premises at any time, inclusive of any supplemental HVAC equipment installed for Tenant’s sole use (such as an air conditioning unit for Tenant’s computer equipment room). Landlord shall arrange for such installation, which shall be at the requesting party’s expense. Tenant shall pay for its Excess Electrical Usage electrical usage based on metering or sub-metering to Landlord, as Additional Rent, on a monthly basis together with Rent, at the Premisestariff applicable to Landlord, plus Landlordeither (i) in lieu of the Tenant’s charge equal to five percent (5%) Electricity Charges if said metering or sub-metering measures Tenant’s electric consumption for all interior lighting and receptacle use of Tenant’s Excess Electrical Usage for Landlordbusiness equipment throughout the entire Demised Premises (excluding the Building heating and air conditioning), or (ii) in addition to Tenant’s costs Electricity Charges if said metering is to measure Tenant’s use of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges by the utility service provider in connection therewith. The replacement of lamps, starters and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Tenant shall bear the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within the Premisessupplemental HVAC equipment and/or additional electrical circuits.
Appears in 1 contract
Sources: Lease Agreement (Sco Group Inc)
Electricity. (a) Landlord has installed submeters and ancillary equipment having Building standard specifications capable of reading KW demand and KW hours to measure the demand and consumption of electric energy in the Premises. Subject to any Requirements or any public utility rules or regulations governing energy consumptionthe provisions of this Section 4.1.2(a) and the other provisions of this Lease, Landlord shall furnish or cause make available to be furnished electric current to the Premises for Tenant’s use in accordance with the Design Standards; provided, however, that if it is determined by the use of a Meter Tenant six (defined below6) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load of electrical power per usable rentable square foot of the Premises (for convenience receptaclesdemand load) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in throughout the Premises, excluding base loads and standard air conditioning for the Building (the “Electric Load’) twenty-four (24) hours, seven (7) days per week. Commencing on the Commencement Date, Tenant shall pay to Landlord throughout the Lease Term, as an additional charge, without set-off, defense, counterclaim, abatement or deduction whatsoever, a charge for electricity furnished to the Premises (the “Electricity Charge”) equal to an amount determined by applying the aggregate KW demand and KW hours of electricity consumed in the Premises as recorded by the submeters and ancillary equipment serving the Premises to one hundred and five percent (105%) of the monthly average cost per such KW hour and per KW demand recorded on Landlord’s meters for the Building and billed by the utility furnishing electric energy to the Building, from time including all taxes, fuel adjustments, surcharges, rate adjustment changes and charges and any other factors used by said public utility in computing the charges to timeLandlord for electric energy furnished to the Building. Tenant shall furnish and install all lighting tubes, but no more frequently than monthlylamps, for its Excess Electrical Usage at bulbs and ballasts required in the Premises, plus at Tenant’s expense, or shall pay Landlord’s charge equal charges therefor on demand. Notwithstanding the foregoing, in addition to five percent (5%) of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate the Electricity Charge to be paid by Tenant under this Section 4.1.2, Tenant shall pay for submetered (a) its Pro Rata Share of Operating Expenses of all electricity shall include any taxes or charges used in the operation of the common areas of the Building and the exterior of the Building, other than those amounts included in the Electricity Charge, as part of its obligation under this Lease to pay Operating Costs (the “Building Electric”); and (b) its proportionate share of the cost charged by the public utility service provider in connection therewithfurnishing electricity to the Building for electricity consumed to operate the HVAC for the floor on which the Premises are located (“Floor Electric”). The replacement For purposes of lampsthis Section 4.1.2(a), starters the term “proportionate share” shall mean a fraction, the numerator of which is the number of rentable square feet of the Premises and ballasts the denominator of which is the number of rentable square feet on the floor on which the Premises are located. For the avoidance of doubt, if Tenant is directly billed for Building standard lighting fixtures within the Premises Electric or Floor Electric, then Building Electric or Floor Electric shall not be provided by Landlord and the cost thereof included in the computation of the Operating Expenses. Costs Reimbursement to be paid to Landlord by Tenant shall bear the cost as additional rent under Section 3.4 of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within the Premisesthis Lease.
Appears in 1 contract
Electricity. Subject to any Requirements or any public utility rules or regulations governing energy consumption, (A) Landlord shall furnish or cause electric energy to be furnished electric current to Tenant in the Premises measured by a check meter installed by Landlord as part of Landlord's Work for the purpose of measuring Tenant’s use in accordance with 's consumption of electric energy at and within the Design Standards; providedPremises and all equipment and facilities therein including, howeverbut not limited to, that if it is determined by the use of a Meter (defined below) that Tenant’s electrical usage exceeds an average of 5.0 ▇▇▇▇▇ demand load per usable square foot of A/C System servicing the Premises (for convenience receptacles) and/or 1.5 ▇▇▇▇▇ demand load per usable square foot of the Premises (for lighting) during Ordinary Business Hours, calculated on an annualized basis (“Excess Electrical Usage”whether or not located therein), then Landlord shall have the right to charge Tenant an amount equal to the cost of ▇▇▇▇▇▇’s Excess Electrical Usage. Landlord shall have the further right to install, at Landlord’s cost, an electric current meter, sub-meter or check meter in the Premises (a “Meter”) to measure the amount of electric current consumed in the Premises. Tenant shall pay to Landlord, as Additional Rent, the amounts determined by such check meter as Tenant's electricity consumption, at charges, terms and rates set, from time to time during the term of this Lease, by the utility servicing the Building under the service classification in effect pursuant to which Landlord purchases electric energy for the entire Building (without markup by Landlord, except that Landlord may include in Operating Costs such fee as shall be allowed by law for Landlord's actual expenses in administering, maintaining and billing of the electric usage as shown on such checkmeter (the "Electrical Administration Fee").
(B) The rate payable by Tenant per kilowatt and kilowatt hour of such electric service shall be equal to the rate charged Landlord per kilowatt and kilowatt hour (utilizing the then current electrical rates applicable to Landlord, including energy charges, demand charges, time-of-day charges, fuel adjustment charges, rate adjustment charges, sales tax and any other factors used by the utility servicing the Building in computing its charges to Landlord) by the electric utility company supplying electric current for the entire Building.
(C) Where more than one check meter measures the electric service to Tenant, the electric service rendered through each check meter may be computed and billed separately in accordance with the provisions hereinabove set forth.
(D) Bills for electric energy furnished to Tenant, as measured by such check meter or meters shall be rendered to Tenant at such time as Landlord may elect, but no not more frequently than monthlyonce each month, and Tenant shall pay the amount shown thereon to Landlord as Additional Rent in accordance with Section 2.1(C).
Section 13.2 Except as set forth on the plans for Tenant's Initial Alterations, Tenant agrees that it will make no electrical installations, alterations, additions or changes to electrical equipment or appliances (other than ordinary 120 volt so-called desktop or tabletop office machinery and equipment) without the prior written consent of Landlord in each instance, which consent Landlord agrees not to unreasonably withhold if, in Landlord's sole reasonable judgment, such electrical installation, alteration, addition or change will not affect any of the Building Systems including the Building's mechanical or electrical systems or the Structural Elements. Tenant agrees to perform any such work in accordance with the provisions of Article 4 hereof, including the receipt of all required approvals of Landlord, Legal Authorities or others.
Section 13.3 Tenant covenants and agrees that at all times its Excess Electrical Usage use of electric current will not exceed the capacity of existing feeders to the Building or the risers or wiring installation and Tenant will not use any electrical equipment which will overload such installations or interfere with the use thereof by other tenants of the Building. If, in Landlord's reasonable judgment, Tenant's electrical requirements necessitate installation of an additional riser, risers or other proper and necessary equipment, the same may be installed if Landlord determines such installation is practicable, such installation to be performed, at Tenant's option, by either Landlord, at Tenant's sole cost and expense, which shall be chargeable and collectible as additional rent and paid within thirty (30) days after the rendition of a bill ▇▇ Tenant therefor, or by Tenant in accordance with the terms and provisions of Article 4 of this Lease, in which event Landlord may charge Tenant a supervisory fee in connection therewith as provided in Section 4.7 above.
Section 13.4 The change at any time of the adequacy, quality or character of electric service shall in no way make Landlord liable or responsible to Tenant for any loss, damages or expenses which Tenant may sustain.
Section 13.5 Landlord shall have the right, in Landlord's sole discretion, to select the utility provider and/or supplier of electric energy for the Building. Landlord agrees to use commercially reasonable efforts to obtain the lowest electrical rates readily available to it, but in doing so, Landlord shall have the right to take into consideration the level and quality of service, supply and product offered by prospective utility providers and/or suppliers. Notwithstanding the foregoing, if Landlord is required by Legal Requirements to permit Tenant to elect the services of an electric service provider other than the public utility company that Landlord has selected to service the Building (each such provider is called an "ASP"), Tenant shall have the right, with Landlord's prior written consent, to convert to the services of an ASP to provide electric service to Tenant and the Premises. Landlord shall not reasonably withhold or delay its consent to the ASP so long as Tenant and the ASP agree to comply with, and shall fully comply with, the terms and conditions of this Lease including, without limitation, the provisions regarding Alterations and insurance, as well as all requirements and conditions precedent which Landlord shall, in its good faith judgment, require with respect to the utilization of an ASP in order to protect Landlord and Landlord's interest in the Building, the Building Systems and other tenants or occupants in the Building. The conversion to an ASP shall be at Tenant's sole risk and at Tenant's sole cost and expense, without any liability on the part of Landlord with respect to the conversion and thereafter the utilization of electric services provided by the ASP.
Section 13.6 Landlord hereby advises Tenant that Landlord shall furnish and maintain throughout the Lease Term eight (8) watt▇ ▇▇▇ rentable square foot of electric energy to the Premises, plus Landlord’s charge equal to five percent (5%) exclusive of Tenant’s Excess Electrical Usage for Landlord’s costs of maintaining, repairing and reading such Meter. The rate to be paid by Tenant for submetered electricity shall include any taxes or charges electric energy consumed by the utility service provider in connection therewith. The replacement of lamps, starters A/C System and ballasts for Building standard lighting fixtures within the Premises shall be provided by Landlord and the cost thereof included in Operating Expenses. Tenant shall bear the cost of replacement of lamps, starters and ballasts for any non-Building standard lighting fixtures within Heating System units servicing the Premises.
Section 13.7 At Tenant's option, Tenant may purchase from Landlord or its designee all lighting tubes, lamps, bulbs and ballasts used in the Premises and Tenant shall pay, on demand, as additional rent, Landlord's reasonable charges for providing and installing the same.
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Sources: Lease Agreement (U S Trust Corp /Ny)