Common use of Excessive Use Clause in Contracts

Excessive Use. In the event that any lights, machinery, or equipment, including but not limited to, computers and servers, used by Operator in the Facilities materially affects the temperature otherwise maintained in the Facilities, or if 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, the costs of such excess Services as determined by IPS, acting reasonably and in good faith, shall be charged to Operator and shall be due to IPS within thirty (30) days of written invoice for such service. 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.

Appears in 6 contracts

Samples: Network Charter School Agreement, Network Charter School Agreement, Innovation Network School Agreement

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Excessive Use. In the event that any lights, machinery, or equipment, including but not limited to, computers and servers, used by Operator in the Facilities materially affects the temperature otherwise maintained in the Facilities, or if 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, the costs of such excess Services as determined by IPS, acting reasonably and in good faith, shall be charged to Operator and shall be due to IPS within thirty (30) 30 days of written invoice for such service. 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.

Appears in 1 contract

Samples: Innovation Network School Agreement

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Excessive Use. In the event that any lights, machinery, or equipment, including but not limited to, computers and servers, used by Operator in the Facilities materially affects the temperature otherwise maintained in the Facilities, or if 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, the costs of such excess Services as determined by IPS, acting reasonably and in good faith, shall be charged to Operator and shall be due to IPS within thirty (30) days of written invoice for such service. .. 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.

Appears in 1 contract

Samples: Network Charter School Agreement

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