Common use of Selection of Service Provider Clause in Contracts

Selection of Service Provider. Landlord has advised Tenant that presently San Diego Gas and Electric ("ELECTRIC SERVICE PROVIDER") is the utility company selected by Landlord to provide electricity service for the Project. Notwithstanding the foregoing, if permitted by Applicable Law, upon mutual agreement of Tenant and Landlord, the contract for service to the Common Areas will be let to a different company or companies providing electricity service (each such company shall hereinafter be referred to as an "ALTERNATE SERVICE PROVIDER"). Any and all rebates or discounts enjoyed or realized as a result of the selection of an Alternate Service Provider or the continued use of the Electric Service Provider shall be reflected in the payments to be made by Tenant pursuant to Article 4 above. However, if, after the Base Year, the parties agree to utilize an Alternate Service Provider, then from and after the date upon which the Alternate Service Provider is retained and continuing throughout the period during which the Alternate Service Provider is retained, Operating Expenses for the Base Year shall be reduced by the amount Landlord reasonably estimates it would have saved had the Alternate Service Provider been retained throughout the Base Year (for service to the Common Areas) based upon the rates of the Alternate Service Provider prevailing throughout the Base Year. Landlord and Tenant acknowledge that, with respect to electricity service to be provided to the Premises, Tenant shall be entitled to retain any provider (including, without limitation, an Alternate Service Provider) and that Tenant will be contracting directly with such provider as indicated in Section 6.2.2 above. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems]

Selection of Service Provider. Landlord has advised Tenant that presently San Diego Gas and Electric ("ELECTRIC SERVICE PROVIDER") is the utility company selected by Landlord to provide electricity service for the Project. Notwithstanding the foregoing, if permitted by Applicable Law, upon mutual agreement of Tenant and Landlord, the contract for service to the Common Areas will be let to a different company or companies providing electricity service (each such company shall hereinafter be referred to as an "ALTERNATE SERVICE PROVIDER"). Any and all rebates or discounts enjoyed or realized as a result of the selection of an Alternate Service Provider or the continued use of the Electric Service Provider shall be reflected in the payments to be made by Tenant pursuant to Article 4 above. However, if, after the Base Year, the parties agree to utilize an Alternate Service Provider, then from and after the date upon which the Alternate Service Provider is retained and continuing throughout the period during which the Alternate Service Provider is retained, Operating Expenses for the Base Year shall be reduced by the amount Landlord reasonably estimates it would have saved had the Alternate Service Provider been retained throughout the Base Year (for service to the Common Areas) based upon the rates of the Alternate Service Provider prevailing throughout the Base Year. Landlord and Tenant acknowledge that, with respect to electricity service to be provided to the Premises, Tenant shall be entitled to retain any provider (including, without limitation, an Alternate Service Provider) and that Tenant will be contracting directly with such provider as indicated in Section 6.2.2 above. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems].

Selection of Service Provider. Landlord has advised Tenant that presently San Diego Gas and Electric ("ELECTRIC SERVICE PROVIDER") is the utility company selected by Landlord to provide electricity service for the Project. Notwithstanding the foregoing, if PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems] permitted by Applicable Law, upon mutual agreement of Tenant and Landlord, the contract for service to the Common Areas will be let to a different company or companies providing electricity service (each such company shall hereinafter be referred to as an "ALTERNATE SERVICE PROVIDER"). Any and all rebates or discounts enjoyed or realized as a result of the selection of an Alternate Service Provider or the continued use of the Electric Service Provider shall be reflected in the payments to be made by Tenant pursuant to Article 4 above. However, if, after the Base Year, the parties agree to utilize an Alternate Service Provider, then from and after the date upon which the Alternate Service Provider is retained and continuing throughout the period during which the Alternate Service Provider is retained, Operating Expenses for the Base Year shall be reduced by the amount Landlord reasonably estimates it would have saved had the Alternate Service Provider been retained throughout the Base Year (for service to the Common Areas) based upon the rates of the Alternate Service Provider prevailing throughout the Base Year. Landlord and Tenant acknowledge that, with respect to electricity service to be provided to the Premises, Tenant shall be entitled to retain any provider (including, without limitation, an Alternate Service Provider) and that Tenant will be contracting directly with such provider as indicated in Section 6.2.2 above. PEREGRINE SYSTEMS CORPORATE CENTER [Peregrine Systems].