Water and Steam. Landlord shall provide to the Ancillary Space hot and cold water for drinking, cleaning and lavatory purposes and, as to the kitchen area of the 1270 Space, only cold water. Landlord shall install a meter to measure the water and steam furnished to the 1270 Space and the Retail Space. Tenant shall pay the reasonable third party, out of pocket cost of such installation actually incurred by Landlord, and for all maintenance, repairs and replacements thereto. Tenant shall also pay 103% of Landlord’s actual costs for providing such water or steam as measured by such meters and for any required pumping or heating thereof plus reasonable out-of-pocket, third party costs actually incurred by Landlord, and any sewer rent, taxes (including utility and sales taxes) and/or charge now or hereafter assessed or imposed upon the 1270 Space, the Retail Space or 1270 Avenue of the Americas (and equitably allocated to the 1270 Space or the Retail Space) pursuant to any Requirement. Such charges shall be payable within thirty (30) days after being billed therefor. Tenant shall not be charged for water for the purposes herein specified which is furnished to the 50 Rock Space.
Water and Steam. Landlord will install meters to measure the water furnished to the Premises. Within 10 days after request therefore, Tenant shall pay the cost of the installation of said meters, for all maintenance, repairs and replacements to said meters, and from time to time, upon receipt of bills from Landlord therefore, all costs and expenses incurred by Landlord in furnishing water to the Premises, including Landlord's reasonable charge for any required pumping or heating thereof and any sewer or utility tax, fee or charge now or hereafter assessed or imposed upon the Premises or the Real Property pursuant to any Requirement, plus an administrative charge for Landlord's supervision and overhead equal to 3% of such costs and expenses. Tenant shall be entitled to use and shall pay for all live steam consumed in and upon the Premises. Landlord shall, at Tenant's cost and expense, install meters to measure consumption of steam. Within 10 days after request therefore, Tenant shall pay the cost of the installation of said meters and for all maintenance, repairs and replacements to said meters. All payments for steam shall be made either to Landlord or directly to the public utility corporation or corporations furnishing live steam to the Building, as Landlord may from time to time specify. If such payments are to be made to a public utility corporation, they shall be made as and when due and payable. If such payments are to be made to Landlord, they shall be at the rate charged to consumers by the aforesaid public utility corporations, together with Landlord's reasonable charge for any required pumping thereof, and any tax, fee, or charge now or hereafter assessed, or imposed upon the Premises or the Real Property pursuant to any Requirement, plus an administrative charge for Landlord's supervision and overhead equal to 3% of such amounts. All such payments shall be due as additional rent within 10 days after bills are rendered by Landlord. Landlord shall not be liable to Tenant for any failure or defect in the supply or character of water and/or steam supplied to Tenant by reason of any Requirement, or any act or omission of the public service company serving the Building, or for any other reason not caused by the gross negligence or willful misconduct of Landlord, its agents, contractors and employees. Landlord shall maintain, repair and replace the meter referred to above at Tenant's expense.
