Common use of Use of Electrical Services by Tenant Clause in Contracts

Use of Electrical Services by Tenant. All electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by (i) a separate charge or charges billed by the utility company providing electrical service and payable by Tenant directly to such utilities company, or (ii) a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rent. Such charge shall be based upon the electric current consumed on the Premises during the Lease Term, the rates, terms and conditions for comparable service to Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter reader. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects, and all such additional usage shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.

Appears in 2 contracts

Samples: Office Lease (Proquest Co), Office Lease (Voyager Learning CO)

AutoNDA by SimpleDocs

Use of Electrical Services by Tenant. All electricity used by Tenant in the Leased Premises shall, at Landlord’s option, shall be paid for by Tenant by through inclusion in Base Rent and Additional Rent (i) a separate charge or charges billed by the utility company providing electrical service and payable by Tenant directly except as provided for in this Section 9 with respect to such utilities company, or (ii) a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rent. Such charge shall be based upon the electric current consumed on the Premises during the Lease Term, the rates, terms and conditions for comparable service to Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter readerexcess usage). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Leased Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Leased Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s requirements, and no such change, failure, defect, unavailability, or unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building standardStandard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably electselects (including the installation of utility service upgrades, submeters, air handlers or cooling units), and all such additional usage (to the extent permitted by law), installation and maintenance thereof shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Leased Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.. 10 Maintenance Landlord and Tenant agree as follows:

Appears in 2 contracts

Samples: Office Lease Agreement (Diamondback Energy Services, Inc.), Office Lease Agreement (Great White Energy Services, Inc.)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by either: (i1) a separate charge or charges billed by the utility company providing electrical service through inclusion in Base Rent and payable by Tenant directly Basic Costs (except as provided in Section 11.B. below with respect to such utilities company, excess usage); or (ii2) by a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rent. Such Additional Rent within ten (10) days after billing; or (3) by a separate charge shall be based upon or charges billed by the electric current consumed on the Premises during the Lease Term, the rates, terms utility company(ies) providing electrical service and conditions for comparable service to payable by Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter readerto such utilities company(ies). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s use of electrical services furnished by Landlord shall not exceed in voltagerequirements, rated capacityand no such change, failure, defect, unavailability, or overall load that which is standard for the Building. In the event Tenant unsuitability shall request that it be allowed to consume electrical services in excess of Building standard, Landlord may refuse to consent to such usage constitute an actual or may consent upon such conditions as Landlord reasonably elects, and all such additional usage shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlordconstructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its reasonable judgment, deems appropriateobligations under the Lease.

Appears in 1 contract

Samples: Office Lease Agreement

Use of Electrical Services by Tenant. All electricity Electricity used by Tenant in the Premises shall, at Landlord’s 's option, be paid for by Tenant either: (1) through inclusion in Expenses (except as provided in Section X.B. for excess usage); (2) by (i) a separate charge payable by Tenant to Landlord within 30 days after billing by Landlord; or charges (3) by separate charge billed by the applicable utility company and payable directly by Tenant. Electrical service to the Premises may be furnished by one or more companies providing electrical service generation, transmission and payable by Tenant directly to distribution services, and the cost of electricity may consist of several different components or separate charges for such utilities companyservices, or (ii) a separate charge billed directly to Tenant by Landlord such as generation, distribution and payable by Tenant as additional rent. Such charge shall be based upon the electric current consumed on the Premises during the Lease Term, the rates, terms and conditions for comparable service to Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter readerstranded cost charges. Landlord shall have the exclusive right at in its reasonable discretion to select any time company providing electrical service to the Premises, to aggregate the electrical service for the Property and from time-to-time during Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the Lease Term providers and manner of purchasing electricity. Landlord shall be entitled to contract receive a fee (if permitted by Law) for electricity service from such providers the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such services as Landlord fee shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with not exceed 50% of any savings obtained by Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Tenant’s 's use of electrical services furnished by Landlord service shall not exceed exceed, either in voltage, rated capacity, or overall load load, that which is Landlord deems to be standard for the BuildingBuildings. In the event If Tenant shall request that it be allowed requests permission to consume excess electrical services in excess of Building standardservice, Landlord may refuse to consent to such usage or may condition consent upon such conditions as that Landlord reasonably electselects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and all such the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid for by Tenant as Additional RentTenant. Landlord, at any time during the Lease Term, Landlord shall have the right to separately meter electrical usage for the Premises or and to measure electrical usage by survey or any other method that commonly accepted methods. Entry by Landlord. Landlord, its agents, contractors and representatives may enter the Premises to inspect or, during the final 12 months of the Term, show the Premises, to clean and make repairs to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Buildings, including other tenants' premises. Notwithstanding the foregoing, Tenant may, at its own expense, provide its own locks to an area within the Premises ("Secured Area"). Tenant need not furnish Landlord with a key but upon the Termination Date, Tenant shall surrender all such keys to Landlord. If Landlord must gain access to a Secured Area in a non-emergency situation, Landlord shall contact Tenant and Landlord and Tenant shall arrange a mutually agreed upon time for Landlord to do so. Landlord shall comply with all reasonable security measures pertaining to the Secured Area. If Landlord determines in its sole discretion that an emergency in the Buildings or the Premises, including, without limitation, a suspected fire or flood, requires Landlord to gain access to the Secured Area, Tenant hereby authorizes Landlord to forcibly enter the Secured Area. In such event, Landlord shall have no liability whatsoever to Tenant, and Tenant shall pay all reasonable judgmentexpenses incurred by Landlord in repairing or reconstructing any entrance, deems appropriatecorridor, door or other portions of the Premises damaged as a result of a forcible entry by Landlord. Landlord shall have no obligation to provide either janitorial service or cleaning in any Secured Area. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord shall provide Tenant with reasonable but not less than 24 hours' prior notice of entry into the Premises, which may be given orally. If reasonably necessary for the protection and safety of Tenant and its employees, Landlord shall have the right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours. Entry by Landlord shall not constitute constructive eviction or entitle Tenant to an abatement or reduction of Rent. Notwithstanding the foregoing, except in emergency situations as determined by Landlord, Landlord shall exercise reasonable efforts: (1) not to unreasonably interfere with the conduct of the business of Tenant on the Premises; and (2) if entry during Normal Business Hours would unreasonably interfere with Tenant's business, to perform such entry during hours other than Normal Business Hours. Landlord, however, shall not be required to perform such entry after Normal Business Hours if Landlord's entry is necessitated by the acts or omissions of Tenant or the performance of Landlord's obligations hereunder and, by performing work during non-Business Hours, Landlord would be required to have building personnel remain in the Buildings after normal working hours or to pay its contractors overtime.

Appears in 1 contract

Samples: Office Lease Agreement (Siebel Systems Inc)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall, at Landlord’s 's option, be paid for by Tenant by either: (i1) a separate charge or charges billed by the utility company providing electrical service through inclusion in Base Rent and payable by Tenant directly Basic Costs (except as provided in Section 11.B. below with respect to such utilities company, excess usage); or (ii2) by a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rent. Such Additional Rent within ten (10) days after billing; or (3) by a separate charge shall be based upon or charges billed by the electric current consumed on the Premises during the Lease Term, the rates, terms utility company(ies) providing electrical service and conditions for comparable service to payable by Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter readerto such utilities company(ies). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”"ELECTRIC SERVICE PROVIDER"). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s 's electric lines, feeders, risers, wiring, and any other machinery within the Premises. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltageno way be liable or responsible for any loss, rated capacitydamage, or overall load expense that which Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is standard no longer available or suitable for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably electsTenant's requirements, and all no such additional usage change, failure, defect, unavailability, or unsuitability shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises constitute an actual or to measure electrical usage by survey or any other method that Landlordconstructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its reasonable judgment, deems appropriateobligations under the Lease.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Intelliready Inc /Co/)

Use of Electrical Services by Tenant. All electricity used Tenant’s electrical equipment and overhead lighting shall be restricted to that equipment which individually and collectively does not have a rated capacity greater than equipment and lighting normally utilized in general office use, as determined by Tenant Landlord, which in no event shall exceed a collective average of three (3) wxxxx per square foot of area within the Premises. If Landlord should determine that Tenant’s consumption of electrical services exceeds the limitations set forth in the Premises preceding sentence, or exceeds the capacity of existing wiring, risers or feeders to the Building, then Landlord shall be entitled, in its sole and absolute discretion, to require Tenant to terminate any excess usage and, in such event, Tenant shall, at its sole cost and expense, remove any equipment and/or lighting necessary to achieve compliance within ten (10) days after receiving notice from Landlord. At Landlord’s option, in the event Landlord elects to provide any such excess electrical requirements, electrical current for such equipment and machinery may be paid for provided by Tenant Landlord through metering devices installed, at Tenant’s expense, by (i) a separate charge Landlord or charges billed by the utility company providing electrical service and payable by Tenant directly to such utilities company, or (ii) a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rent. Such charge shall be based upon the electric current consumed on the Premises during the Lease Term, the rates, terms and conditions for comparable service to Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter reader. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Buildingservice. In the event Tenant shall request that it be allowed has excess electricity requirements for which Landlord does not elect to consume electrical services in excess of Building standardseparately meter, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects, and all such additional usage Landlord’s engineer shall be paid entitled to determine the amount of excess electricity to be allocated to Tenant based upon the power requirements of any such equipment or machinery. Tenant shall pay for all costs of installation and maintenance of submeters, wiring, air conditioning and other items required by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in Landlord’s discretion, to accommodate Tenant’s excess design loads and capacities. Tenant shall pay to Landlord within ten (10) days following receipt of a request therefor, the cost of the excess consumption of electrical service at rates from time to time determined by Landlord. Landlord may, at its reasonable judgmentoption, deems appropriateupon not less than fifteen (15) days prior written notice to Tenant, discontinue the availability of extraordinary utility service.

Appears in 1 contract

Samples: Lease Agreement (Ace Cash Express Inc/Tx)

Use of Electrical Services by Tenant. All electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by (i) a separate charge or charges billed by the utility company company(ies) providing electrical service and payable by Tenant directly to such utilities company, or (ii) a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rent. Such charge shall be based upon the electric current consumed on the Premises during the Lease Term, the rates, terms and conditions for comparable service to Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter readercompany(ies). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, upon reasonable advance notice to Tenant except in emergencies, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. ; provided, however, Landlord shall use reasonable efforts to minimize interference with Tenant’s use of electrical services furnished by normal business operations in the Premises in connection with any such access (it being understood that same shall not be deemed to prohibit Landlord from performing maintenance and repairs during business hours and that Landlord shall not exceed have no obligation to employ overtime or other premium pay labor or other costs in voltageconnection therewith). Landlord shall in no way be liable or responsible for any loss, rated capacitydamage, or overall load expense that which Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is standard no longer available or suitable for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably electsTenant’s requirements, and all no such additional usage change, failure, defect, unavailability, or unsuitability shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises constitute an actual or to measure electrical usage by survey or any other method that Landlordconstructive eviction, in whole or in part, or , subject to the provisions of Section 7.E, entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its reasonable judgment, deems appropriateobligations under the Lease.

Appears in 1 contract

Samples: Retail Lease (Alliance Bankshares Corp)

Use of Electrical Services by Tenant. All electricity used by Tenant in the Premises shall, at Landlord’s option, shall be paid for by Tenant by (i) a separate charge or charges billed by the utility company providing electrical service and payable by Tenant directly to such utilities company, or (ii) a separate charge billed directly to Tenant by the utility provider or by Landlord based on Landlord’s reading of sub- or check-meters and payable by Tenant as additional rent. Such charge shall be based upon the electric current consumed on the Premises during the Lease Term, the rates, terms and conditions for comparable service to Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter readerAdditional Rent within thirty (30) days after billing. Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Tenant’s use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load (which for the purposes hereof shall not exceed ten (10) xxxxx per square foot of the Premises that which is reasonably standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects, and all such additional usage shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, and at its sole cost, shall have the right to separately meter electrical usage for the Premises Premises, in which case electricity shall be paid directly by Tenant to the utility company providing electrical service, or to measure electrical usage by survey or any other method that Landlord, in its commercially reasonable judgment, deems appropriate.

Appears in 1 contract

Samples: Office Lease (Sige Semiconductor Inc)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall, at Landlord’s option, (except for electricity to perimeter and core HVAC units serving the Premises) shall be paid for by Tenant by (i) a separate charge or charges billed by the utility company providing electrical service and payable by Tenant directly to such utilities company, or (ii) a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rentAdditional Base Rental. Such charge billing shall be based upon the electric current consumed on average bulk rate per kilowatt hour per billing period paid by Landlord for electricity furnished to the Building for the period in question, plus a reasonable administrative fee (not to exceed 5%) for the cost of reading the meter in the Premises during and billing Tenant for the Lease Termcost of any such electricity. To the extent such work has not already been performed, Tenant shall be required to install a demand watt hour check meter in the rates, terms and conditions for comparable service Premises as part of the Initial Alterations to measure the amount of electricity that is consumed by Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter readerin the Premises. Landlord shall have be responsible for reading such meter and billing Tenant for the right at any time and from time-to-time during the Lease Term to contract for cost of electricity service from consumed as measured by such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premisesmeter. Tenant’s 's use of electrical services furnished by Landlord service in the Premises shall not exceed in voltage, rated capacity, or overall load that which is standard seven (7) xxxxx per usable square foot for the Buildinglighting and power. In the event Tenant shall consume (or request that it be allowed to consume consume) electrical services service in excess of Building standardseven (7) xxxxx per usable square foot, Landlord may refuse shall provide such excess usage (provided Tenant agrees to consent to such usage pay for any required installation of utility service upgrades, submeters, air handlers or may consent upon such conditions as Landlord reasonably electscooling units), and all such additional usage (to the extent permitted by law), installation and maintenance of such service upgrades shall be paid for by Tenant as Additional RentBase Rental. LandlordNotwithstanding anything herein to the contrary, at any time during Landlord hereby represents and agrees that the Lease Term, core and perimeter HVAC units serving the Premises shall have not be connected to the right to separately electrical meter electrical usage for the Premises Premises. Any supplemental HVAC units installed by or for Tenant shall, however, be connected to measure Tenant's electrical usage by survey or any other method that Landlord, meter and Tenant shall be responsible for the cost of all electricity consumed in its reasonable judgment, deems appropriateconnection with the operation of such supplemental HVAC unit(s).

Appears in 1 contract

Samples: Office Lease Agreement (Trenwick Group Inc)

AutoNDA by SimpleDocs

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall, at Landlord’s option, and any additional costs incurred to provide electrical service for Tenant usage requirements shall be paid for by Tenant through any one or more of the following, elected in Landlord’s sole discretion: (1) through inclusion in Base Rent and Triple Net Costs (except as provided in Section 11.B. below; (2) by (i) a separate charge or charges billed by the utility company providing electrical service and payable by Tenant directly to such utilities company, or (ii) a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rentAdditional Rent within ten (10) days after billing; or (3) by a separate charge or charges billed by the utility company(ies) providing electrical service and payable by Tenant directly to such utilities company(ies). Such charge The cost for installation of separate meters for Tenant’s electrical usage above Building standard shall be based upon the electric current consumed on the Premises during the Lease Term, the rates, terms and conditions for comparable service billed directly to Tenant directly from The Detroit Edison Company under like conditions, all and payable as determined by an independent meter readerAdditional Rent. Landlord shall have the right at any time and from time-to-time during the Lease Term to .to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s use of electrical services furnished by Landlord shall not exceed in voltagerequirements, rated capacityand no such change, failure, defect, unavailability, or overall load that which is standard for the Building. In the event Tenant unsuitability shall request that it be allowed to consume electrical services in excess of Building standard, Landlord may refuse to consent to such usage constitute an actual or may consent upon such conditions as Landlord reasonably elects, and all such additional usage shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlordconstructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its reasonable judgment, deems appropriateobligations under the Lease.

Appears in 1 contract

Samples: Industrial Building Lease Agreement (Amedica Corp)

Use of Electrical Services by Tenant. All electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by (i) a separate charge or charges billed by the utility company providing electrical service and payable by Tenant directly to such utilities company, or (ii) a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rent. Such charge shall be Additional Rent within thirty (30) days after billing based upon the electric current consumed on the check-meter, if any, installed in the Premises, or at Landlord’s election, if the Premises during is not separately metered Tenant shall pay to Landlord, as Additional Rent, $2.25 per square foot of Rentable Area of the Lease Term, Premises per annum (which amount may be increased by Landlord if the rates, terms and conditions for comparable service to Tenant directly from The Detroit Edison Company under like conditions, all as determined cost of providing such electricity is increased by an independent meter readerthe utility provider). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s 's electric lines, feeders, risers, wiring, and any other machinery within the Premises. Tenant’s 's use of electrical services furnished by Landlord shall not exceed in voltage, rated capacity, or overall load that which is standard for the Building. In the event Tenant shall request that it be allowed to consume electrical services in excess of Building standard, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects, and all such additional usage shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Term, shall have the right to separately meter electrical usage for the Premises Premises, in which case electricity shall be paid directly by Tenant to the utility company providing electrical service, or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriate.. Notwithstanding the foregoing, to the extent that Tenant is occupying the Premises prior to the Commencement Date pursuant to that certain Sublease Agreement dated March 5, 2020 between Commonwealth Care Alliance, Inc. and Tenant (as amended, the “Sublease Agreement”), Landlord shall not charge

Appears in 1 contract

Samples: Office Lease (Aveo Pharmaceuticals, Inc.)

Use of Electrical Services by Tenant. All electricity A. Electricity used by Tenant in the Premises shall, at Landlord’s 's option, be paid for by Tenant either: (1) through inclusion in Expenses (except as provided in Section X.B. for excess usage); (2) by (i) a separate charge payable by Tenant to Landlord within 30 days after billing by Landlord; or charges (3) by separate charge billed by the applicable utility company and payable directly by Tenant. Electrical service to the Premises may be furnished by one or more companies providing electrical service generation, transmission and payable by Tenant directly to distribution services, and the cost of electricity may consist of several different components or separate charges for such utilities companyservices, or (ii) a separate charge billed directly to Tenant by Landlord such as generation, distribution and payable by Tenant as additional rent. Such charge shall be based upon the electric current consumed on the Premises during the Lease Term, the rates, terms and conditions for comparable service to Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter readerstranded cost charges. Landlord shall have the exclusive right at to select any time company providing electrical service to the Premises, to aggregate the electrical service for the Property and from time-to-time during Premises with other buildings, to purchase electricity through a broker and/or buyers group and to change the Lease Term providers and manner of purchasing electricity. Landlord shall be entitled to contract receive a fee (if permitted by Law) for electricity service from such providers the selection of utility companies and the negotiation and administration of contracts for electricity, provided that the amount of such services as Landlord fee shall elect (each being an “Electric Service Provider”)not exceed 50% of any savings obtained by Landlord. Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. B. Tenant’s 's use of electrical services furnished by Landlord service shall not exceed exceed, either in voltage, rated capacity, use beyond Normal Business Hours or overall load load, that which is Landlord deems to be standard for the Building. In the event If Tenant shall request that it be allowed requests permission to consume excess electrical services in excess of Building standardservice, Landlord may refuse to consent to such usage or may condition consent upon such conditions as that Landlord reasonably electselects (including, without limitation, the installation of utility service upgrades, meters, submeters, air handlers or cooling units), and all such the additional usage (to the extent permitted by Law), installation and maintenance costs shall be paid for by Tenant as Additional RentTenant. Landlord, at any time during the Lease Term, Landlord shall have the right to separately meter electrical usage for the Premises or and to measure electrical usage by survey or any other method that commonly accepted methods. XI. Entry by Landlord. Landlord, its agents, contractors and representatives may enter the Premises to inspect or show the Premises, to clean and make repairs, alterations or additions to the Premises, and to conduct or facilitate repairs, alterations or additions to any portion of the Building, including other tenants' premises. Except in emergencies or to provide janitorial and other Building services after Normal Business Hours, Landlord shall provide Tenant with reasonable prior notice of entry into the Premises, which may be given orally. If reasonably necessary for the protection and safety of Tenant and its reasonable judgmentemployees, deems appropriateLandlord shall have the right to temporarily close all or a portion of the Premises to perform repairs, alterations and additions. However, except in emergencies, Landlord will not close the Premises if the work can reasonably be completed on weekends and after Normal Business Hours. Entry by Landlord shall not constitute constructive eviction or entitle Tenant to an abatement or reduction of Rent. XII.

Appears in 1 contract

Samples: Office Lease Agreement (Centura Software Corp)

Use of Electrical Services by Tenant. A. All electricity used by Tenant in the Premises shall, at Landlord’s option, be paid for by Tenant by either: (i1) a separate charge or charges billed by the utility company providing electrical service through inclusion in Base Rent and payable by Tenant directly Basic Costs (except as provided in Section 11.B. below with respect to such utilities company, excess useage); or (ii2) by a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rent. Such Additional Rent within ten (10) days after billing; or (3) by a separate charge shall be based upon or charges billed by the electric current consumed on the Premises during the Lease Term, the rates, terms utility company(ies) providing electrical service and conditions for comparable service to payable by Tenant directly from The Detroit Edison Company under like conditions, all as determined by an independent meter readerto such utilities company(ies). Landlord shall have the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord shall elect (each being an “Electric Service Provider”). Tenant shall cooperate with Landlord, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s use of electrical services furnished by Landlord shall not exceed in voltagerequirements, rated capacityand no such change, failure, defect, unavailability, or overall load that which is standard for the Building. In the event unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant shall request that it be allowed to consume electrical services in excess any abatement or diminution of Building standardrent, Landlord may refuse to consent to such usage or may consent upon such conditions as Landlord reasonably elects, and all such additional usage shall be paid for by relieve Tenant as Additional Rent. Landlord, at from any time during of its obligations under the Lease Term, shall have the right to separately meter electrical usage for the Premises or to measure electrical usage by survey or any other method that Landlord, in its reasonable judgment, deems appropriateexcept as expressly provided herein.

Appears in 1 contract

Samples: Office Lease Agreement (Great Basin Scientific, Inc.)

Use of Electrical Services by Tenant. A. All electricity used by Tenant for ground floor space in the Premises shall, at Landlord’s option, shall be paid for by Tenant by (i) a separate charge or charges billed by the utility company company(ies) providing electrical service and payable by Tenant directly to such utilities company, or (ii) a separate charge billed directly to Tenant by Landlord and payable by Tenant as additional rentcompany(ies). Such charge shall be based upon the electric current consumed on The parties acknowledge that all suites comprising the Premises are separately sub-metered or metered for electricity and shall remain separately metered during the Lease Term. Tenant, at its sole cost and expense, shall connect to and use the rates, terms existing meters in the Premises and conditions for comparable service to Tenant shall contract directly from The Detroit Edison Company under like conditions, all as determined by an independent meter reader. Landlord shall have with the right at any time and from time-to-time during the Lease Term to contract for electricity service from such providers of such services as Landlord Tenant shall elect (each being an “Electric Service Provider”). Tenant Landlord shall cooperate with LandlordTenant, and the applicable Electric Service Provider, at all times and, as reasonably necessary, shall allow Landlord Tenant and such Electric Service Provider reasonable access to the Building’s electric lines, feeders, risers, wiring, and any other machinery within the Premises. Landlord shall in no way be liable or responsible for any loss, damage, or expense that Tenant may sustain or incur by reason of any change, failure, interference, disruption, or defect in the supply or character of the electric energy furnished to the Premises, or if the quantity or character of the electric energy supplied by the Electric Service Provider is no longer available or suitable for Tenant’s use of electrical services furnished by Landlord shall not exceed in voltagerequirements, rated capacityand no such change, failure, defect, unavailability, or overall load that which unsuitability shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under the Lease; provided, however, if such change, failure, defect, unavailability, or unsuitability is standard for the Building. In the event caused by Landlord, Landlord’s agents, servants or employees and such change, failure, defect, unavailability, or unsuitability shall exceed five (5) consecutive business days, or shall exceed seven (7) days in any thirty (30) day period, then Tenant shall request that it be allowed entitled to consume electrical services in excess a complete abatement of Building standardBase Rent, Landlord may refuse to consent to Additional Rent and other charges due hereunder until such usage time as such change, failure, defect, unavailability, or may consent upon such conditions as Landlord reasonably electsunsuitability shall cease, and all such additional usage shall be paid for by Tenant as Additional Rent. Landlord, at any time during the Lease Termits sole costs and expense, shall have the right to separately meter electrical usage for the Premises will promptly restore or to measure electrical usage by survey correct such change, failure, defect, unavailability, or any other method that Landlord, in its reasonable judgment, deems appropriateunsuitability.

Appears in 1 contract

Samples: Office Lease Agreement (KBS Growth & Income REIT, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.