Common use of Excessive Use Clause in Contracts

Excessive Use. In the event that Operator’s use of the Facilities results in Services being used in excess of that which is reasonable and customary for a similarly operated school in a building owned by IPS of a similar age and condition with an academic program substantially similar to the School’s academic program, IPS shall provide to Operator written notice of such excessive use, which shall include an explanation as to why IPS contends the use is excessive. If such excessive use by Operator is not discontinued within 30 days after Operator receives such notice, IPS may charge Operator for the costs of such excess Services as determined by IPS, acting reasonably and in good faith, with payment due to IPS within 30 days of Operator’s receipt of the written invoice for such Services. If IPS reasonably determines that Operator’s use of the School resulted in electrical, gas, water, or sewage usage that can be shown to exceed the usage at comparable schools operated by the IPS, with an academic program substantially similar to the School’s academic program, IPS shall be entitled to install, at Operator’s expense, meters, submeters, or other measuring devices to determine the consumption of such Services in the Facilities.

Excessive Use. In the event that Operator’s use of the Facilities results in Services being used in excess of that which is reasonable and customary for a similarly operated school in a building owned by IPS of a similar age and condition with an academic program substantially similar to the School’s academic programprogram and permitted Ancillary Services, IPS shall provide to Operator written notice of such excessive use, which shall include an explanation as to why IPS contends the use is excessive. If such excessive use by Operator is not discontinued within occurs 30 days after Operator receives such notice, IPS may charge Operator for the costs of such excess Services as determined by IPS, acting reasonably and in good faith, with payment due to IPS within 30 days of Operator’s receipt of the written invoice for such Services. If IPS reasonably determines that Operator’s use of the School resulted in electrical, gas, water, or sewage usage that can be shown to exceed the usage at comparable schools operated by the IPS, with an academic program and other programs substantially similar to Operator’s use of the School’s academic programFacilities, IPS shall be entitled to install, at Operator’s expense, meters, submeters, or other measuring devices to determine the consumption of such Services in the Facilities.

Excessive Use. In the event that Operator’s use of the Facilities results in Services being used in excess of that which is reasonable and customary for a similarly operated school in a building owned by IPS of a similar age and condition with an academic program substantially similar to the School’s academic program, IPS shall provide to Operator written notice of such excessive use, which shall include an explanation as to why IPS contends the use is excessive. If such excessive use by Operator is not discontinued within 30 thirty (30) days after Operator receives such notice, IPS may charge Operator for the costs of such excess Services as determined by IPS, acting reasonably and in good faith, with payment due to IPS within 30 thirty (30) days of Operator’s receipt of the written invoice for such Services. If IPS reasonably determines that Operator’s use of the School resulted in electrical, gas, water, or sewage usage that can be shown to exceed the usage at comparable schools operated by the IPS, with an academic program substantially similar to the School’s academic program, IPS shall be entitled to install, at Operator’s expense, meters, submeters, or other measuring devices to determine the consumption of such Services in the Facilities.