Excess Utilities definition

Excess Utilities means the amount by which Utilities in a particular calendar year exceed the Utilities for the Utilities Base Year. Landlord may invoice Tenant monthly for Tenant’s estimated share of Excess Utilities for each calendar year, subsequent to the Utilities Base Year, beginning on the first day of the month of the first subsequent calendar year. Landlord may adjust its estimate by notice to Tenant at any time during the applicable calendar year if actual Utilities are substantially different from the estimate, and thereafter payments by Tenant under this Section shall adjust accordingly. Landlord and Tenant will follow the reconciliation and Accounting procedures established in Section 2.3(b) above. Notwithstanding any other provisions in this Lease, Landlord, within one (1) year following the expiration of the Lease Term or earlier termination of this Lease, shall have the option to invoice Tenant for Tenant’s Proportionate Share of Excess Utilities for the year in which this Lease terminates based upon that year’s actual Utilities. Notwithstanding anything to the contrary contained in this Lease, if the Property is not ninety-five percent (95%) occupied during any calendar year, Tenant’s additional rent under this Section and the Utilities shall be determined as if the Property had been ninety-five percent (95%) occupied during such year. Tenant agrees to pay any additional rent due under this Section within thirty (30) days following receipt of the invoice and/or Accounting showing additional rent due.
View Source

Examples of Excess Utilities in a sentence

  • For these charges, see the Monthly Excess Utilities Charge Sheet.

  • Major electrical appliances such as freezers and extra refrigerators, etc., are permitted at an added monthly cost (see the Monthly Excess Utilities Charge Sheet).

  • If Tenant does use Excess Utilities, Landlord shall have the right, in addition to any other rights or remedies it may have under this Lease, to (a) at Tenant’s expense, install separate metering devices at the Premises, and to charge Tenant, as Additional Rent, for its usage, (b) require Tenant to pay to Landlord all costs, expenses and damages incurred by Landlord as a result of such usage, and (c) require Tenant to stop using excess utilities or services.

  • Each time Landlord provides Tenant with an actual and/or estimated statement of Operating Expenses or Excess Utilities Payments, such statement shall be itemized on a line item by line item basis, showing the applicable expense for the applicable year and the year prior to the applicable year; such format and detail shall be reasonably consistent from year to year in order to facilitate Tenant’s review.

  • Notwithstanding the foregoing, in the event that Landlord fails to deliver an Actual Statement within one (1) year after the expiration or earlier termination of the Lease, Tenant shall have no obligation to pay any Excess Expenses, Excess Taxes, Excess Insurance Costs or Excess Utilities Costs to the extent of any underpayment revealed thereafter.

  • During the Extended Term, Tenant shall continue to pay Tenant’s Percentage of Excess Expenses, Excess Taxes, Excess Insurance Costs, and Excess Utilities Costs for the Premises; however, effective as of the Extended Term Commencement Date, the Base Year is hereby amended to be the calendar year 2026.

  • Any HVAC services required by Sublessee before or after the foregoing hours through a Building HVAC System or any Excess Utilities used by Sublessee shall be at Sublessee's sole cost and expense, Sublessee hereby agreeing to pay within thirty (30) days of receipt of a bill for such Excess Utilities or such overtime HVAC services at o▇▇▇▇ime rates charged by the Building from time to time (which shall not exceed Sublessor's actual out-of-pocket cost (on a unit cost basis) of providing such HVAC service).

  • In no event shall Tenant be obligated to pay any Excess Expenses, Excess Taxes, Excess Insurance Costs, or Excess Utilities Cost for the Premises from July 1, 2017 through December 31, 2018.

  • For the years after, the above on-target percentage shall be determined by the Supervisory Board.

  • By the first day of July of each subsequent calendar year during the Term after the Base Year, Landlord shall deliver to Tenant a statement (“Actual Statement”) which states the Tenant’s Percentage of actual Operating Expenses, Taxes, Insurance Costs, and Utilities Costs (the “Actual Expenses”) and Excess Expenses, Excess Taxes, Excess Insurance Costs, and Excess Utilities Costs (the “Actual Excess Expenses”) payable by Tenant for the immediately preceding calendar year.

Related to Excess Utilities

  • Distribution Utility means the local electric distribution owner and operator providing electric distribution and interconnection services to Purchaser at the Premises;

  • Electric distribution utility or (EDU) means an electric distribution utility, which is an investor-owned electric utility that owns and operates a distribution wires system and supplies at least retail electric distribution service.

  • Water utility means a public utility as defined in

  • utility structure means transmission and distribution lines

  • Utility Charges Defined in Section 9.A hereof.