Common use of Excess Usage by Tenant Clause in Contracts

Excess Usage by Tenant. (a) Notwithstanding the use set forth in Section 1.8, Tenant shall not use Building utilities or services in excess of those used by a typical office building tenant using its premises for ordinary office use. Tenant shall only install in the Premises the type and amount of office equipment that a typical office tenant would install, and Tenant shall not install in the Premises office equipment, lighting fixtures or similar items which will generate above average heat, noise or vibration at the Premises or which will adversely affect the temperature maintained by the HVAC system. If Landlord reasonably determines that Tenant is using electricity in excess of the that used by a typical office building tenant using its premises for ordinary office use, Landlord shall have the right, in addition to any other rights or remedies it may have under this Lease, to (i) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or (ii) require Tenant to stop using electricity in excess of the Maximum Electrical Consumption. If pursuant to any provision of this Lease Tenant is directly paying any public utility company or other entity (hereinafter, an “Electricity Provider”) for electricity it uses in the Premises, Tenant hereby authorizes Landlord from time to time to review the bills it pays to the Electricity Provider (the “Electricity Bills”). Landlord shall have the right to require Tenant to provide Landlord with copies of the Electricity Bills it receives from an Electricity Provider within ten (10) business days after Landlord’s written request or, at Landlord’s option, Landlord shall have the right to obtain copies of the Electricity Bills from the Electricity Provider. Within ten (10) business days after Landlord’s request, Tenant shall execute and deliver to Landlord an agreement provided by Landlord authorizing the Electricity Provider to (a) permit Landlord to view the Electricity Bills on the Electricity Provider’s website (if such a website exists), (b) provide copies of the Electricity Bills to Landlord and/or (c) provide other information to Landlord concerning Tenant’s electrical usage at the Premises.

Excess Usage by Tenant. (a) Notwithstanding the use set forth in Section 1.81.5, Tenant shall not use Building utilities or services in excess of those used by a typical the average office building tenant using its premises for ordinary office use. Tenant shall only install in the Premises the type and amount of office equipment that a typical office tenant would install, and Tenant shall not install in at the Premises office equipmentmachines, lighting fixtures or similar items other equipment which will generate above average heat, noise or vibration at the Premises or which will adversely affect effect the temperature maintained by the HVAC system. If Landlord reasonably determines that Tenant is using electricity does use Building utilities or services in excess of the that those used by a typical the average office building tenant using its premises for ordinary office usetenant, Landlord shall have the right, in addition to any other rights or remedies it may have under this Lease, to (ia) at Tenant's expense, install separate metering devices at the Premises, and to charge Tenant for its usage, (b) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or and (iic) require Tenant to stop using electricity in excess of the Maximum Electrical Consumptionutilities or services. If pursuant to any provision of this Lease Tenant is directly paying any public utility company or other entity IN THE EVENT TENANT OPERATES AS A DATA CENTER, LANDLORD AGREES TO PERMIT TENANT TO INSTALL, OPERATE, MAINTAIN AND REPLACE AN UNINTERRUPTED POWER SOURCE (hereinafter, an “Electricity Provider”) for electricity it uses in the Premises, Tenant hereby authorizes Landlord from time to time to review the bills it pays to the Electricity Provider (the “Electricity Bills”). Landlord shall have the right to require Tenant to provide Landlord with copies of the Electricity Bills it receives from an Electricity Provider within ten (10) business days after Landlord’s written request or, at Landlord’s option, Landlord shall have the right to obtain copies of the Electricity Bills from the Electricity Provider. Within ten (10) business days after Landlord’s request, Tenant shall execute and deliver to Landlord an agreement provided by Landlord authorizing the Electricity Provider to (a) permit Landlord to view the Electricity Bills on the Electricity Provider’s website (if such a website existsUPS), STATIONARY BATTERIES, CHARGERS, AND/OR GENERATORS PROVIDED TENANT OBTAINS ALL NECESSARY APPROVALS, PERMITS AND LICENSES FROM ALL GOVERNMENTAL AUTHORITIES HAVING JURISDICTION OVER SUCH MATTERS. LANDLORD ALSO AGREES TO PERMIT TENANT, SUBJECT TO THE TERMS AND CONDITIONS OF THIS LEASE, TO UTILIZE A PORTABLE GENERATOR DURING EMERGENCIES, OR ON AN AS-NEEDED BASIS. IN THE EVENT THAT LANDLORD INSTALLS SEPARATE METERING DEVICES AT THE PREMISES AS PROVIDED IN (b) provide copies of the Electricity Bills to Landlord and/or ABOVE, TENANT SHALL 18 24 PAY TO LANDLORD, WITHIN THIRTY (c30) provide other information to Landlord concerning Tenant’s electrical usage at the PremisesDAYS FROM RECEIPT OF AN INVOICE FROM LANDLORD, ALL CHARGES FOR ELECTRICITY SUPPLIED TO THE PREMISES. AT LANDLORD'S OPTION, HOWEVER, LANDLORD MAY, FROM TIME TO TIME, REASONABLY ESTIMATE WHAT TENANTS CHARGES FOR ELECTRICITY FOR THE PREMISES SHALL BE, AND THE SAME SHALL BE PAYABLE BY TENANT MONTHLY DURING THE TERM ON THE SAME DAY AS BASE RENT IS DUE HEREUNDER PROVIDED LANDLORD AFFORDS TENANT THIRTY (30) DAYS NOTICE OF THE AMOUNT OF SUCH ESTIMATE. LANDLORD SHALL PERIODICALLY DELIVER TO TENANT INVOICES FOR ACTUAL ELECTRICITY SUPPLIED TO THE PREMISES. IF TENANT'S PAYMENTS FOR ESTIMATED ELECTRICITY CHARGES EXCEED THE ACTUAL ELECTRICITY CHARGES, THEN TENANT SHALL RECEIVE A CREDIT AGAINST THE ESTIMATED PAYMENT FOR ELECTRICITY NEXT FALLING DUE. IF TENANT'S PAYMENTS FOR ESTIMATED ELECTRICITY CHARGES WERE LESS THAN THE ACTUAL ELECTRICITY CHARGES, THEN TENANT SHALL PAY TO LANDLORD THE AMOUNT OF THE DEFICIENCY WITHIN THIRTY (30) DAYS AFTER DELIVERY BY LANDLORD TO TENANT OF SAID INVOICE. INVOICES FOR ELECTRICITY CHARGES SHALL NOT INCLUDE ANY MARK-XX BY LANDLORD FOR SAID ELECTRICITY. IN ADDITION, ELECTRICITY SUPPLIED TO THE COMMON AREAS SHALL BE A COMPONENT OF OPERATING EXPENSES FOR WHICH TENANT IS LIABLE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 4.2 OF THE LEASE.

Excess Usage by Tenant. (a) Notwithstanding the use set forth in Section 1.8, and subject to the requirements of (c) below, Tenant shall not use electricity in excess of the Maximum Electrical Consumption, and Tenant shall not use other Building utilities or services in excess of those used by a typical office building tenant using its premises for ordinary office use. Tenant shall only install in the Premises the type and amount of office equipment that a typical office tenant would install, and Tenant shall not install in the Premises office equipment, lighting fixtures or similar items which will generate above average heat, noise or vibration at the Premises or which will adversely affect the temperature maintained by the HVAC system. If Landlord reasonably determines that believes Tenant is using electricity in excess of the that used by a typical office building tenant using its premises for ordinary office useMaximum Electrical Consumption, Landlord shall have the right, in addition to any other rights or remedies it may have under this Lease, to (i) at Tenant’s expense, install separate sub-metering devices at the Premises to measure Tenant’s electrical usage and (ii) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or (ii) require Tenant to stop using electricity in excess of the Maximum Electrical Consumption. If pursuant to any provision of this Lease Tenant is directly paying any public utility company or other entity (hereinafter, an “Electricity Provider”) for electricity it uses in the Premises, Tenant hereby authorizes Landlord from time to time to review the bills it pays to the Electricity Provider (the “Electricity Bills”). Landlord shall have the right to require Tenant to provide Landlord with copies of the Electricity Bills it bills from electricity, natural gas or similar energy providers (collectively, “Energy Providers”) Tenant receives from an Electricity Provider Energy Providers relating to Tenant’s energy use at the Premises (“Energy Bills”) within ten (10) business days after Landlord’s written request orrequest. In addition, at Landlord’s option, Tenant hereby authorizes Landlord shall have the right to obtain copies of the Electricity Energy Bills directly from the Electricity ProviderEnergy Provider(s), and Tenant hereby authorizes each Energy Provider to provide Energy Bills and related usage information directly to Landlord without Tenant’s consent. Within From time to time within ten (10) business days after Landlord’s request, Tenant shall execute and deliver to Landlord an agreement provided by Landlord authorizing the Electricity Provider Energy Provider(s) to (a) permit Landlord to view the Electricity Bills on the Electricity Provider’s website (if such a website exists), (b) provide copies of the Electricity Bills to Landlord and/or (c) provide Energy Bills and other information relating to Landlord concerning Tenant’s electrical energy usage at the Premises.

Excess Usage by Tenant. (a) Notwithstanding the use set forth in Section 1.8, Tenant shall not use Building utilities or services in excess of those used by a typical office building tenant using its premises for ordinary office use. Tenant shall only install in the Premises the type and amount of office equipment that a typical office tenant would install, and Tenant shall not install in the Premises office equipment, lighting fixtures or similar items which will generate above average heat, noise or vibration at the Premises or which will adversely affect effect the temperature maintained by the HVAC system. If Landlord reasonably determines that believes Tenant is using electricity in excess of the that used by a typical office building tenant using its premises for ordinary office use, Landlord shall have the right, in addition to any other rights or remedies it may have under this Lease, to (i) at Tenant's expense, install separate metering devices at the Premises to measure Tenant’s electrical usage, (ii) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or (iiiii) require Tenant to stop using electricity in excess of the Maximum Electrical Consumption. If pursuant to any provision of this Lease Tenant is directly paying any public utility company or other entity (hereinafter, an “Electricity Provider”) for electricity it uses in the Premises, Tenant hereby authorizes Landlord from time to time to review the bills it pays to the Electricity Provider (the “Electricity Bills”). Landlord shall have the right to require Tenant to provide Landlord with copies of the Electricity Bills it receives from an Electricity Provider within ten (10) business days after Landlord’s written request or, at Landlord’s option, Landlord shall have the right to obtain copies of the Electricity Bills from the Electricity Provider. Within ten (10) business days after Landlord’s request, Tenant shall execute and deliver to Landlord an agreement provided by Landlord authorizing the Electricity Provider to (a) permit Landlord to view the Electricity Bills on the Electricity Provider’s website (if such a website exists), (b) provide copies of the Electricity Bills to Landlord and/or (c) provide other information to Landlord concerning Tenant’s electrical usage at the Premises.

Excess Usage by Tenant. (a) Notwithstanding the use set forth in Section 1.8, and subject to the requirements of (c) below, Tenant shall not use electricity in excess of the Maximum Electrical Consumption, and Tenant shall not use other Building utilities or services in excess of those used by a typical office building tenant using its premises for ordinary office use. Tenant shall only install in the Premises the type and amount of office equipment that a typical office tenant would install, and Tenant shall not install in the Premises office equipment, lighting fixtures or similar items which will generate above average heat, noise or vibration at the Premises or which will adversely affect effect the temperature maintained by the HVAC system. The parties agree that items listed, depicted or described on the Space Plan are considered “typical office equipment.” If Landlord reasonably determines that believes Tenant is using electricity in excess of the that used by a typical office building tenant using its premises for ordinary office useMaximum Electrical Consumption, Landlord shall have the right, in addition to any other rights or remedies it may have under this Lease, to (i) at Tenant’s expense, install separate metering devices at the Premises to measure Tenant’s electrical usage, (ii) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such excess usage, and/or (iiiii) require Tenant to stop using electricity in excess of the Maximum Electrical Consumption. If pursuant to any provision of this Lease Tenant is directly paying any public utility company or other entity (hereinafter, an “Electricity Provider”) for electricity it uses in the Premises, Tenant hereby authorizes Landlord from time to time to review the bills it pays to the Electricity Provider (the “Electricity Bills”). Landlord shall have the right to require Tenant to provide Landlord with copies of the Electricity Bills it receives from an Electricity Provider within ten twenty (1020) business days after Landlord’s written request or, at Landlord’s option, Landlord shall have the right to obtain copies of the Electricity Bills from the Electricity Provider. Within ten (10) business days after Landlord’s request, Tenant shall execute and deliver to Landlord an agreement provided by Landlord authorizing the Electricity Provider to (a) permit Landlord to view the Electricity Bills on the Electricity Provider’s website (if such a website exists), (b) provide copies of the Electricity Bills to Landlord and/or (c) provide other information to Landlord concerning Tenant’s electrical usage at the Premises.