Common use of Generator Fuel Clause in Contracts

Generator Fuel. Additionally, Tenant shall pay the cost of all fuel used by the Back-up Power (defined in Section 7.2) systems serving, providing electricity to, and/or generating electricity which is used in, for or serving, the Tenant Space, except to the extent that such fuel is used (i) for and during the course of the performance of Landlord’s maintenance obligations hereunder (such fuel usage is referred to herein as “Non-Maintenance BUP Fuel Usage”), or (ii) as a result of the gross negligence or willful misconduct of Landlord or any other member of the Landlord Group. Landlord shall ▇▇▇▇ Tenant not more frequently than monthly for the actual cost of all Non-Maintenance BUP Fuel Usage (the “BUP Fuel Payment”). Tenant shall pay the BUP Fuel Payment to Landlord, as Additional Rent, within thirty (30) days of delivery of such BUP Fuel Payment invoice. For the avoidance of doubt, it is the intent of the parties that this Section 3.5.3 represents a mechanism only for Landlord’s cost recovery with regard to fuel provided to and/or used by or for the Back-up Power systems serving the Tenant Space, and that there is no intent for Tenant’s BUP Fuel Payment to include any element of profit to the Landlord in connection therewith.

Generator Fuel. Additionally, Tenant Grantee shall pay the cost of all fuel used by the Back-up Power (defined in Section 7.2) systems serving, providing electricity to, and/or generating electricity which is used in, for or serving, the Tenant SpaceGrantee Space (“BUP Fuel”), except to the extent that such fuel BUP Fuel is used (i) during the Phase I Period and the Phase II Period, for and during the course of the performance of LandlordGrantor’s maintenance obligations hereunder (such fuel usage is referred to herein as “Non-Maintenance BUP Fuel Usage”), or (ii) as a result of the gross negligence or willful misconduct of Landlord Grantor or any other member of the Landlord Grantor Group. Landlord Grantor shall ▇▇▇▇ Tenant Grantee not more frequently than monthly for the Grantor’s actual cost of all Non-Maintenance BUP Fuel Usage (the “BUP Fuel Payment”). Tenant Grantee shall pay the BUP Fuel Payment to LandlordGrantor, as Additional RentColocation Fees, within thirty (30) days of delivery of such BUP Fuel Payment invoice. For the avoidance of doubt, it is the intent of the parties that this Section 3.5.3 represents a mechanism only for LandlordGrantor’s cost recovery with regard to fuel provided to and/or used by or for the Back-up Power systems serving the Tenant Grantee Space, and that there is no intent for TenantGrantee’s BUP Fuel Payment to include any element of profit to the Landlord Grantor in connection therewith.

Generator Fuel. Additionally, Tenant Grantee shall pay the cost of all fuel used by the Back-up Power (defined in Section 7.2) systems serving, providing electricity to, and/or generating electricity which is used in, for or serving, the Tenant SpaceGrantee Space (“BUP Fuel”), except to the extent that such fuel BUP Fuel is used (i) during the Phase I Period and the Phase II Period, for and during the course of the performance of LandlordGrantor’s maintenance obligations hereunder (such fuel usage is referred to herein as “Non-Maintenance BUP Fuel Usage”), or (ii) as a result of the gross negligence or willful misconduct of Landlord Grantor or any other member of the Landlord Grantor Group. Landlord Grantor shall ▇b▇▇▇ Tenant Grantee not more frequently than monthly for the Grantor’s actual cost of all Non-Maintenance BUP Fuel Usage (the “BUP Fuel Payment”). Tenant Grantee shall pay the BUP Fuel Payment to LandlordGrantor, as Additional RentColocation Fees, within thirty (30) days of delivery of such BUP Fuel Payment invoice. For the avoidance of doubt, it is the intent of the parties that this Section 3.5.3 represents a mechanism only for LandlordGrantor’s cost recovery with regard to fuel provided to and/or used by or for the Back-up Power systems serving the Tenant Grantee Space, and that there is no intent for TenantGrantee’s BUP Fuel Payment to include any element of profit to the Landlord Grantor in connection therewith.