Common use of Electricity Clause in Contracts

Electricity. The cost of electricity supplied to the Premises shall be separately submetered by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. Tenant shall pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when due.

Appears in 2 contracts

Samples: Lease (CoreSite Realty Corp), Lease (CoreSite Realty Corp)

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Electricity. The cost Landlord shall provide adequate electrical wiring and facilities for connection to Building standard ceiling mounted lighting fixtures and incidental use equipment, i.e., 5 xxxxx of connected load per usable square foot, provided that Tenant’s consumption of electricity supplied does not exceed 2.4 xxxxx/hour per usable square foot of the Premises per month, which electrical usage shall be subject to Applicable Laws and regulations, including Title 24. Tenant will design Tenant’s electrical system serving any equipment producing nonlinear electrical loads to accommodate such nonlinear electrical loads, including, but not limited to, oversizing neutral conductors, derating transformers and/or providing power-line filters. Engineering plans shall include a calculation of Tenant’s fully connected electrical design load with and without demand factors and shall indicate the number of xxxxx of unmetered and submetered loads. Notwithstanding any provision to the Premises shall be separately submetered by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. contrary contained in this Lease, Tenant shall pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual outcost (without xxxx-of-pocket costs charged by the public utility provider up) of all electricity services provided to Landlord or Master Landlord (as the case may be) for electricity and/or consumed by Tenant in the PremisesPremises (including normal and excess consumption and including the cost of electricity to operate the HVAC air handlers), pursuant to submeters. Tenant shall pay the cost of such electricity within thirty (30) days after Tenant’s receipt demand accompanied by a documented invoice therefor and as Additional Rent under this Lease (and not as part of an invoice (together with reasonable supporting documentation) for the sameOperating Expenses). Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with solely responsible for the TCC’s installation of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity all such submeters as part of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regardImprovements. Tenant agrees to pay all bills from Provider shall bear the cost of replacement of lamps, starters and ballasts for such direct electrical service when duenon-Building standard lighting fixtures within the Premises.

Appears in 2 contracts

Samples: Office Lease (Lyft, Inc.), Office Lease (Lyft, Inc.)

Electricity. The cost of electricity supplied Hirer may request connection to the Premises Pump House Gallery’s electrical supply. All electrical works carried out by the Hirer or his Agents, shall be separately submetered carried out by Landlord (or Landlord a competent person. All electrical installations shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. Tenant shall pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance comply with the TCC’s of Article 8 below Electricity at Work Regulations 1989 and the Electrical Equipment (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental EquipmentSafety) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such ProviderRegulations 1994, and may install supplemental electrical equipment be inspected at any time by the OIC or the Park’s Electrician. All cables, conductors, plugs and sockets etc shall be of the correct type, compatibility, size, current carrying capacity, and fulfil the legislative short circuit requirements. They shall also be properly insulated for the purpose for which they are intended. Any extension cables used shall be as short as possible and conform to BS EN 60309-2. The amperage of the appliance must be established before connection to an extension cable, and the combined amperage of the appliances connected to the extension cable, must never exceed the amperage at the outlet. All generators, circuit boards and potentially dangerous installations shall be positioned away from flammable materials and be securely protected so as to deny access to all except competent and qualified employees or Agents. All generators shall be silent running and properly maintained. The OIC reserves the right to shut down any generator in the Premises and/or Supplemental Areas interests of public safety or if the generator is causing unacceptable levels of noise or air pollution. Electrical cables shall be elevated to at least 4.5 metres above the ground using suitable cable poles. Note that tree branches, or lampposts, shall not be used to elevate cables. No electrical cables shall be dug into the ground. Electrical cables shall not be laid along the ground without the prior permission of the OIC. Cabling that is given permission to be surface laid shall be covered in such a way as not to constitute a tripping hazard. The covering shall also be suitable for such purposes the ground on which it is laid i.e. thin rubber matting is not suitable as a covering on a tarmac surface. All electrical cabling shall be removed on completion of the Event. LIQUEFIED PETROLEUM GAS (providedLPG) & FLAMMABLE MATERIALS The Hirer shall ensure that all flammable materials and other substances hazardous to health, howeverare controlled in accordance with the Control of Substances Hazardous to Health Regulations 2002 (COSHH). The Hirer shall ensure that the storage and use of LPG complies with the LPG Association Code of Practice and the Dangerous Substances and Explosive Atmospheres 2002. All LPG cylinders and flammable material containers, any such additional electrical supplyfull and empty, arrangements and/or equipment shall be stored in the open air, on firm level ground in a well ventilated position, and securely protected so as to deny access to all except competent and qualified employees or Agents. Appliances specifically designed for indoor use with respect cylinders located on or in the appliance may be used, but shall comply with manufacturers operating procedures. FIRST AID The Hirer shall ensure that he provides sufficient first aid cover for the number of people attending the Event. The Health & Safety Executive’s Event Safety Guide – HSG195 (Purple Guide) should be consulted for guidance as to the Supplemental Areas level of cover required. SUN SAFETY The Council is committed to promoting the National Sun Safety campaign and Supplemental Equipment requests that the Hirer considers the general risks of sunshine and the provision of shade at outdoor Events. BODY PIERCING OR TATOOING No body piercing or needle tattooing shall be subject permitted to and conditioned upon Tenant’s compliance with the TCC’s take place at any Event. ADULT ENTERTAINMENT Striptease, lap dancing or any similar type of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when dueentertainment is prohibited.

Appears in 1 contract

Samples: Agreement

Electricity. The cost (a) Tenant acknowledges and agrees that there is no submeter or separate electrical meter in the Premises for the purpose of measuring Tenant’s use and consumption of electricity supplied for lights and plugs in the Premises but there will be a separate checkmeter installed in the Premises or elsewhere in the Building by Landlord for the purpose of measuring use and consumption of electricity for the Supplemental HVAC System (and to the Premises shall be separately submetered extent so designated by Landlord (from time to time such checkmeter may also measure use and consumption of electricity for any equipment of Tenant, including, without limitation, computers and other equipment having special power or environmental requirements). Tenant shall make direct payment to Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at of Tenant’s costOriginal Electrical Factor for the operation of lights and plugs in the Premises, as additional rent as provided in Section 3.1 of this Lease. Tenant shall pay to Landlord all charges for all checkmetered electricity monthly, within twenty (or, at 20) days after being billed therefor by Landlord. Landlord shall permit Landlord’s optionexisting wires, directly pipes, risers, conduits and other electrical equipment of Landlord to Master Landlordbe used for the purpose of providing electrical service to the Premises. Tenant covenants and agrees that its electrical usage and consumption will not disproportionately “siphon off” electrical service necessary for other tenants of the Building and that its total connected load will not exceed the maximum load from time to time permitted by applicable governmental regulations nor the design criteria of the existing Building electrical capacity and that in no event shall such total connected load be in excess of (i) 6.0 xxxxx per square foot of the usable area of the Premises (exclusive of the computer room and system administration room (the “SysAdmin Room”) adjacent to the computer room and related thereto, as such rooms are shown on Exhibit B-1 (collectively such computer room and SysAdmin Room are called by “Computer-Admin Rooms”)) or (ii) the actual out400 AMP 3 phase dedicated service to the Computer-of-pocket costs charged by the public utility provider Admin Rooms described in Exhibit B (or any upgrade, alteration or addition to Landlord or Master Landlord such 400 AMP 3 phase dedicated service which is (as the case may bex) installed and paid for electricity consumed by Tenant in accordance with the Premisesprovisions of Section 5.2 of the Lease and (y) approved by Landlord in accordance with Section 5.2 of the Lease). Landlord shall not in any way be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if, within thirty (30) days after during the Term of this Lease, either the quantity or character of electric current is changed or electric current is no longer available or suitable for Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the samerequirements due to a factor or cause beyond Landlord’s control. Tenant shall in no event be obligated to pay any administration feepurchase and install all lamps, or any xxxx-uptubes, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to bulbs, starters and subject to Tenant’s compliance with the TCC’s of Article 8 below ballasts (including obtaining Landlord’s and Master Landlord’s except that prior consent if and to the extent required pursuant to Article 8.1 below)Commencement Date, and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant mayshall, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas initially supply and install (if not present therein) operable lamps, tubes, bulbs, starters and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment ballasts in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditionslighting system). Landlord, at no Tenant shall bear the cost of repair and maintenance of any electric or gas meter used or to Landlord be installed in (or Master Landlord under serving) the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when duePremises.

Appears in 1 contract

Samples: Sublease (Salary. Com, Inc.)

Electricity. Landlord shall furnish sufficient electric power at 277 volts, single phase, to supply tenant lighting load permitted by the State of California, Title 24 energy code (1.5 xxxxx per square foot of Usable Area) and sufficient power at 120/208 volts, three phase, four wire, for 1.5 xxxxx connected load per square foot of Usable Area for office power. If specifically approved by Landlord, additional power may be made available at 480 volts, three phase, for additional power and/or air-conditioning requirements up to the limit of available building power taking into account potential needs of other tenants and a reasonable safety factor. The cost of electricity supplied equipment and installation for transformers, panel boards, bus duct taps, feeders, and other items required for the utilization of such additional power shall be paid by Tenant. Landlord may establish commercially reasonable measures to conserve energy and water, including but not limited to, automatic light shut off after Normal Working Hours in unoccupied areas and efficient lighting forms, so long as these measures do not unreasonably interfere with Tenant’s use of the Premises. Without the prior written consent of Landlord, which Landlord will not unreasonably withhold, Tenant shall not install or operate any machinery, appliances or equipment in the Premises, which will (i) create a Design Problem (as defined in Paragraph 8.1(c), (ii) have an adverse effect on the structural components of the Building or on the Building Systems (including any demand on Building Systems or Building Structure which is greater than their design loads), or (iii) result in a violation of Applicable Laws; nor connect any apparatus, device, machinery, appliances or equipment (except through electrical outlets in the Premises), for the purpose of using electric current. Use of five (5) xxxxx per square foot of Rentable Area for power and lighting within the Premises shall be separately submetered by Landlord per month (or Landlord shall cause Master Landlord other than electric current for Building HVAC) is referred to have such electricity separately submeteredherein as the “Standard Consumption Amount.” Tenant agrees to pay directly (instead of as part of Direct Expenses and in addition to payments of Direct Expenses pursuant to Section 5.1) via existing submeters or new submeters installed for the cost of electric current (at Tenant’s cost. Tenant shall pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs rates no higher than that charged by the public utility provider to Landlord or Master Landlord (as the case may beproviding similar service based on average annual utility rates) for electricity consumed used by Tenant in the PremisesPremises which exceeds the Standard Consumption Amount. Landlord may install a submeter on each floor or floors of the Premises to determine the actual amount of electric current which Tenant is utilizing from time to time. If such submeter indicates that Tenant’s usage of electric current for power and lighting in the Premises (excluding electric current for Building HVAC) exceeds the Standard Consumption Amount, and that the allocation of electricity costs to all tenants in the Building through Direct Expenses is, therefore, materially distorted or unfair, then Tenant shall pay directly (instead of as part of Direct Expenses) for the actual cost of such excess electric current usage plus any additional expense incurred in keeping account of the electric current so consumed, on a monthly basis within thirty (30) days after Tenant’s receipt delivery of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when duetherefor.

Appears in 1 contract

Samples: Office Lease (Genius Products Inc)

Electricity. The cost Section 10 of electricity supplied the Lease shall be amended effective as of the New Commencement Date by deleting said section in its entirety and substituting therefore the following: "Effective as of the New Commencement Date of the New Premises, if it occurs, Landlord shall discontinue the furnishing of electric current to the Premises whereupon Tenant's obligation to pay additional charges for electricity under this Lease shall be separately submetered by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s costcease. As of the New Commencement Date, Tenant shall pay to Landlord (orcontract directly with a utility company supplying electric current and Tenant shall, at Landlord’s optionits expense, directly bear all costs associated with converting the Premises to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant company service and shall furnish and install in the Premises, within thirty (30) days after or other location, necessary transmission lines and metering equipment used in connection with measuring Tenant’s receipt 's consumption of an invoice (together with reasonable supporting documentation) for the sameelectric current. Tenant shall be responsible for maintenance and repair of such metering equipment during the balance of the Term. Landlord shall, upon Tenant's request, cooperate with Tenant in no event be obligated to pay the installation of any administration feeequipment, or any xxxx-upwiring, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below)conduits, and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional like required for supplying electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (provided that Landlord shall not be required to take any action which is inconsistent with applicable law, insurance regulation, or that entails excessive or unreasonable alterations or repairs to the Building. Tenant shall make all other necessary arrangements for and Supplemental Equipment) shall pay directly with to the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment company providing electricity consumed in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 Building and the Special Use Conditions). LandlordPremises and Tenant shall indemnify and hold Landlord harmless from and against any claim, at no cost to Landlord (cost, liability or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for expense on account of such direct electrical service when duecharges."

Appears in 1 contract

Samples: Cytyc Corp

Electricity. The cost (a) Landlord shall, as the exclusive party authorized to contract with providers of electricity supplied electrical utility services for the Project, install separate metering to the Premises, for electrical usage, excluding HVAC, except as otherwise provided in Paragraph 3B herein. During the Lease Term, the Premises shall be separately submetered metered for electrical power. The Tenant acknowledges that the Building's Standard mechanical and electrical systems are designed to accommodate standard loads generated by lights and office equipment. Tenant will not, without written consent of Landlord, use any apparatus or device in the Premises which will, in any way, increase the amount of the standard electricity load consumption of the Premises; nor connect with electric current except through existing electrical outlets in the Premises. If Tenant shall require electric current in excess of the standard for the use of the Premises as general office space, Tenant is hereby granted the option, at its sole cost and provided Tenant reimburses Landlord for any costs incurred, to contract with Florida Power & Light, to have installed in the electric room adjacent to the Tenant's Premises or such other reasonably designated situs in the Building (which space shall thereupon be exclusively utilized by Tenant and which shall be included in the Net Rentable Square Footage allocated to Tenant) a transformer or other instrumentality so as avail the Premises of 2,400 amps of 480 volt 3 Phase Electrical Service to the Premises, which use shall be exclusive to the Tenant from said source. For purposes of security, Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed provide Tenant, at its request, and at Tenant’s 's cost, the exclusive use of the electrical room where the electrical power for the Premises is located. Tenant shall pay to Landlord (or, be solely responsible at Landlord’s option, directly to Master Landlord) Tenant's cost for maintaining and repairing the actual out-of-pocket costs charged electrical room utilized by it in accordance with reasonable standards prescribed by the public utility provider Landlord. The parties shall attach hereto a certification reflecting the amperage available to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when due.

Appears in 1 contract

Samples: Lease (Hiway Technologies Inc)

Electricity. The cost of electricity supplied to the Premises shall be separately submetered by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. Tenant shall pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) provide electrical wiring and facilities for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with lighting and Tenant’s incidental use equipment as described in Schedule 2 to Exhibit B. Tenant shall not use combined electrical load for Tenant’s incidental use equipment and Tenant’s lighting fixtures in excess of its pro rata share of the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Buildingfeeders, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental which electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment usage shall be subject to Applicable Laws, including Title 24. Tenant shall bear the cost of replacement of lamps, starters and conditioned upon Tenant’s compliance with ballasts for non-Building standard lighting fixtures within the TCC’s Premises (Landlord, as part of Article 6.9 Operating Expenses, will replace Building-standard lamps, starters and the Special Use Conditionsballasts). LandlordTenant shall reasonably cooperate with Landlord at all times and abide by all regulations and requirements that Landlord may reasonably prescribe for the proper functioning and protection of the Building Systems. All electricity usage at the Project shall be monitored using separate submeters (the “Submetering Equipment”) which shall be (i) installed by Landlord or any tenant, at no cost to Landlord for other tenant space in the Project, (or Master Landlord under ii) installed by Tenant for the Master Premises (not including the “Building Systems”, as that term is defined in Article 7 of this Lease), shall cooperate and (iii) installed by Landlord for the Common Areas and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regardBuilding Systems. Tenant agrees shall have no obligation to pay for any costs of electricity (including as part of Operating Expenses) shown on the Submetering Equipment described in item (i) above. Tenant shall be responsible to pay directly, and not as a part of Operating Expenses, for the cost of all bills from Provider for such direct electrical service when dueelectricity shown on the Submetering Equipment described in item (ii) above. The cost of all electricity shown on the Submetering Equipment described in item (iii) above (except to the extent included in the Extra HVAC Costs) shall be included in Operating Expenses. Tenant may audit Landlord’s readings of the Submetering Equipment and Landlord shall deliver reasonably detailed invoices to Tenant reflecting Landlord’s reading of the Submetering Equipment and resulting electricity costs.

Appears in 1 contract

Samples: Lease (Vir Biotechnology, Inc.)

Electricity. The cost of electricity supplied to the Premises shall be separately submetered by Landlord (or a) Landlord shall cause Master Landlord redistribute or furnish electricity to have such electricity separately submetered) via existing submeters or new submeters installed at for the use of Tenant in the 9th and 10th Floor Premises (but not Tenant’s cost. Tenant shall pay Roof Deck Area, subject to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may bePremises Work) for electricity consumed by Tenant the operation of Tenant’s electrical systems and equipment in the Premises, within thirty at a level sufficient to accommodate a load of six (306) days after Tenantxxxxx per usable foot on a connected load basis (excluding usage for base Building Systems including heating, ventilation and air conditioning) (the “Electrical Capacity”). Any electrical distribution work a part of Landlord’s receipt Premises Work shall be Premises Build-Out Work, except work to bring the Electric Capacity to the floor of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, 9th and 10th Floor Premises or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord that is required in connection with electricity usage by Tenant. Pursuant to Base Building Work, and subject to Tenant’s compliance with the TCC’s any electrical distribution work a part of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and Expansion Premises Work shall be Expansion Build-Out Work, except work to bring the Electric Capacity to the extent required pursuant floor of the Expansion Premises. Landlord shall redistribute or furnish the electricity provided for herein to Article 8.1 below)the electrical closets servicing each floor of the Premises, and subject to available electrical capacity all applicable provisions of this Lease, Tenant shall have the right, at Tenant’s expense, to redistribute such electricity within the Premises in Tenant’s discretion, except to the extent that such redistribution would cause damage to or overloading of the Building, Electrical Equipment (as hereinafter defined) and wiring of the Building as reasonably determined by Master Landlord Landlord, subject to the extent permitted under following sentence. In the Master Leaseevent Tenant surrenders a portion of the Premises to Landlord, whether by recapture or otherwise, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (shall surrender such portion with a reasonable and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain proportionate amount of Electrical Capacity allocable thereto. Any such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment redistribution shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when duedeemed a Specialty Installation.

Appears in 1 contract

Samples: Agreement (2U, Inc.)

Electricity. The Landlord shall provide sufficient electricity to operate ----------- Tenant's business at the Premises as expressly shown in the Engineered Construction Documents (as such term is defined in the Tenant Improvement Agreement attached as Appendix C hereto) and as otherwise limited by the Building's capacity; provided, however, that the cost, if any, of upgrading existing Building electrical systems to accommodate the foregoing shall constitute a part of and be included in the cost of electricity supplied to the Initial Improvements described in the Tenant Improvement Agreement attached as Appendix C hereto. If Tenant installs or operates in the Premises shall be separately submetered by any electrically operated equipment or other machinery which draws more current than normal office lighting and equipment and which exceeds the Building's electrical capacity, Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. may install and Tenant shall pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay cost of any administration feetransformers, or any xxxx-upadditional risers, depreciation or panel boards and other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent facilities if and to the extent required pursuant to Article 8.1 below), and subject furnish such additional electricity to available electrical capacity of the BuildingTenant. Tenant shall also reimburse Landlord, as reasonably determined by Master Landlord to Additional Rent upon billing thereof, for the extent permitted under the Master Leasecost of all electricity, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be heat or air conditioning provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with during hours other than those described in Section 5A above, at the applicable utility (“Provider”) and may obtain such then prevailing rate therefor established by Landlord. Such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment rent shall be subject in addition to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost 's obligations pursuant to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperateSection 2A(2) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills its Proportionate Share of Operating Costs. Landlord may from Provider for time to time establish reasonable measures to conserve energy, including, but not limited to, automatic switching of lights after hours and more efficient forms of lighting, so long as such direct electrical service when duemeasures do not unreasonably interfere with Tenant's use of the Premises.

Appears in 1 contract

Samples: Lease (Pinkertons Inc)

Electricity. The cost following parameters constitute building standard electrical design capacity (“Building Standard Electricity”): (i) the total demand electrical load of electricity supplied to all electrical equipment, including lighting, serving the Premises shall not exceed an average of 4 xxxxx multiplied by the number of rentable square feet in the Premises delivered through the electrical riser to the electrical room on the floor where the Premises are located; (ii) the demand electrical load for lighting shall comply with the National Electric Code, as revised from time to time, and all other applicable Laws; (iii) emergency power shall be separately submetered by Landlord (or Landlord shall cause Master Landlord limited to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. Tenant shall pay to Landlord (or, egress lighting only and at Landlord’s option, directly to Master option shall be provided by Tenant’s battery backup fixtures or Landlord’s emergency power system; and (iv) no electrical equipment shall exceed the actual out-of-pocket costs charged by safe and lawful capacity of the public utility provider to Landlord or Master Landlord (as the case may beexisting electrical circuit(s) for electricity consumed by Tenant in and facilities serving the Premises. Any requirements, within thirty services or equipment in excess or contravention of the foregoing parameters (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and combination thereof) shall constitute above building standard electrical services subject to Landlord’s approval and Tenant’s compliance with the TCC’s other applicable provisions of Article 8 below the Lease, as modified by this Eleventh Modification. However, the cost of purchasing and installing any above building standard electrical equipment approved by Landlord (including obtaining Landlordsubmeters) shall be paid at Tenant’s and Master Landlord’s prior consent if and expense, but may be paid out of the Construction Allowance to the extent required sufficient funds are available. Landlord has installed a new primary power feed to the Project from the Lemon Avenue Substation, and a sub-cycle transfer switch in both electric vaults with emergency backup feed from the Fairmount 5 substation (the “Electrical System Upgrades”). The cost of the Electrical System Upgrades shall not constitute an Actual Operating Expense nor shall the costs be paid out of the Construction Allowance pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions)Work Letter. Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when due.The Crescent®/Westwood Management Corp.

Appears in 1 contract

Samples: Eleventh Modification of Office Lease (Westwood Holdings Group Inc)

Electricity. The cost Lessee shall pay to either the Lessor or the utility supplier all costs related to the consumption of electricity supplied to in the Leased Premises. The electricity consumption shall be calculated by a separate metre furnished by Westmount Electric Service or any other electrical energy supplier. The electricity consumed in the Leased Premises shall be separately submetered billed to the Lessee and shall thereafter be payable by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. Tenant shall pay to Landlord (or, at Landlord’s option, the Lessee either directly to Master Landlord) the actual out-of-pocket costs charged by Lessor or to the public utility provider to Landlord or Master Landlord (supplier. It is understood that the Lessor will not be held responsible of any disagreement that may occur between the Lessee and the utility supplier, as the case may be) for electricity consumed by Tenant . The Lessor shall supply electrical power in the Leased Premises, within thirty of a capacity to meet a maximum demand of twenty-eight (3028) days after Tenant’s receipt of an invoice xxxxx per square metre, namely ten (together with reasonable supporting documentation10) xxxxx per square metre for lighting purposes and eighteen (18 ) xxxxx per square metre for electrical outlets and the Lessee hereby declares itself satisfied therewith. In the event the Lessee requires additional capacity for its usage, the Lessee shall pay for the samecosts incurred to supply such capacity. Tenant shall in no event be obligated This is conditional upon the Lessor being able to pay any administration fee, or any xxxx-up, depreciation or other amounts supply such capacity. The Lessee undertakes to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with never consume an amount of electrical power exceeding the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Buildingfacilities supplying the Leased Premises. The Lessor shall be entitled to make the necessary verifications. Notwithstanding the foregoing, the Lessor shall have the right to install one or several sub-metres in which case the Lessee shall pay the energy consumed as reasonably determined by Master Landlord indicated on the sub-metre(s), the whole in conformity with Westmount Electric Service's rates. -------------------------------------------------------------------------------- SITQ IMMOBILIER -------------------------------------------------------------------------------- If necessary, the Lessee shall pay an Additional Rent to the extent permitted under Lessor for the Master Lease, Tenant may, at its own expense, elect use of heating system and/or air-conditioning system the Lessee wishes to make additional electricity arrangements for electricity to be provided add to the Premises normal heating system and/or Supplemental Areas (and Supplemental Equipment) directly with normal air-conditioning for the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical Leased Premises. The Lessee shall also pay for the installation of the necessary equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when duerelated thereto.

Appears in 1 contract

Samples: Isee3d Inc /Fi

Electricity. The cost of electricity supplied 7.1. Tenant shall contract directly with the Consolidated Edison Company or any other utility company (an “Other Utility Provider”) which may furnish electric service to the Premises shall be separately submetered by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed demised premises for the supply, at Tenant’s costsole cost and expense, of all electric current to be used in the demised premises. In connection with the foregoing, an Other Utility Provider which Tenant shall contract with shall be permitted, subject to and in accordance with the applicable provisions of this Lease, including Article 8 hereof, to furnish electric service to the demised premises provided and on condition that (a) Tenant shall pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket any and all costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment expenses with respect to the Supplemental Areas furnishing of such electric service, and Supplemental Equipment (b) Landlord and all other tenants and occupants of the Building shall not be subject required to contract with such Other Utility Provider. Tenant may utilize the then existing electric meter(s), electric feeders, risers and conditioned upon wiring serving the demised premises to the extent available and safely capable of being used for such purpose and only to the extent of Tenant’s compliance then demand load. In the event Tenant shall elect to arrange for the replacement of the then existing electric meter(s), Tenant shall, at its sole cost and expense, arrange for the installation of such replacement electric meter(s) which shall service the demised premises and measure Tenant’s consumption of electric current in the demised premises. As long as Tenant is obtaining electric service pursuant to this Section 7.1, Tenant shall, at its sole cost and expense, arrange for the repair and maintenance of the electric meter(s) which shall service the demised premises and Tenant agrees that Landlord shall have no obligation in connection therewith. Tenant covenants and agrees that in no event shall its use of electric current in the demised premises exceed six (6) xxxxx (volts/amperes) demand load per useable square foot (exclusive of the electric current consumed by the base building heating, ventilation and air conditioning system), together with any increased demand load as may be made available pursuant to a written agreement between Landlord and Tenant in accordance with the TCC’s of Article 6.9 and provisions hereof after the Special Use Conditions). installation by Landlord, at no Tenant’s sole cost and expense, of such additional risers, feeders and other equipment that may be required in connection with such additional demand load, and any breach by Tenant of this covenant shall be deemed a material breach of this Lease. Landlord shall not unreasonably withhold its consent to Landlord Tenant’s use of electric current in excess of six (6) xxxxx (volts/amperes) demand load per usable square foot and the installation of any additional risers, feeders or Master Landlord under other proper or necessary equipment required in connection therewith if, in Landlord’s sole judgment: (i) allocated power is available in the Master Lease)Building for use by Tenant without resulting in allocation to Tenant of a disproportionate amount of allocated power and (ii) the installation of such additional risers, feeders or other proper or necessary equipment will not cause permanent damage or injury to the Building or the demised premises, or cause or create a dangerous or hazardous condition or entail excessive or unreasonable alterations, repair or expense or interfere with or disturb other tenants or occupants of the Building. To the extent permitted by any applicable law or regulation, Tenant shall cooperate (be permitted, at its sole expense, to re-distribute electrical capacity among the floors of the demised premises as Tenant reasonably elects, and cause Master Landlord any installations or alterations resulting from such re-distribution shall be deemed to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when duebe Specialty Alterations.

Appears in 1 contract

Samples: Agreement (Blackrock Inc /Ny)

Electricity. Landlord agrees to make available electrical services twenty-four (24) hours per day, 365 days per year in the amount necessary to service (i) all electrical devices and equipment in the Premises (not to exceed seven (7) xxxxx per Rentable Square Foot in the Premises as specified below excluding equipment, if any, for which Tenant is already paying additional rent (e.g., a separate, non-base Building HVAC system), and (ii) common area restrooms, common areas and parking facilities for the Building at no additional cost to Tenant in excess of Tenant’s Pro Rata Share of Operating Expenses. Landlord shall furnish to the Premises electric current sufficient for HVAC (excluding any supplemental HVAC that is installed by Tenant or Landlord with respect to Tenant’s use or occupancy of the Premises) and, in addition to the electric current provided for said HVAC, electric current in accordance with the following specifications: (i) 2 xxxxx per Rentable Square Foot of high voltage (480/277 volt) connected load for lighting facilities and other high voltage uses and (ii) 5 xxxxx per Rentable Square Foot for low voltage (120/280 volt) connected load for outlets and other low voltage usage. Any costs to modify the existing electrical facilities that serve the Premises (including risers, transformers, and panel boxes) to provide such electrical capacity shall be borne by Tenant. Without the prior written consent of Landlord, which consent shall not be unreasonably conditioned, withheld or delayed, Tenant shall not install or operate any machinery, appliances or equipment in the Premises which (a) uses electrical current exceeding thirty (30) amperes at 110 volts on a single circuit, or (b) in any way increases the amount of electricity consumed in the Premises above the seven (7) xxxxx per square foot amount stated above, and shall pay periodically as additional rent the additional expense incurred by the Landlord as a result thereof if Landlord (i) documents such excess usage, (ii) provides Tenant written notice of its findings, and (iii) Tenant does not reduce its consumption within ten (10) days of its receipt of Landlord’s written notice. Landlord shall have the right from time to time to measure, using established commercially reasonable calculation methods or one or more temporary or permanent submeters or other devices, the consumption of electricity by the Premises. The cost of such measuring shall be borne by Landlord unless such measuring indicates that the electricity supplied to being consumed upon the Premises shall be separately submetered by Landlord exceeds seven (or Landlord shall cause Master Landlord to have such electricity separately submetered7) via existing submeters or new submeters installed at xxxxx per square foot of rentable area in the Premises for lighting and Tenant’s cost. equipment excluding any equipment for which Tenant is already paying additional rent (e.g., a separate, non-base Building HVAC system) for electric consumption, in which event Tenant shall reimburse Landlord for the cost of such measuring, and shall in addition pay to Landlord (ormonthly, at Landlord’s optionas additional rent, directly the cost incurred by Landlord thereafter in furnishing such additional electricity to Master Landlord) the Premises, which cost shall be calculated based on the actual out-of-pocket costs cost of electrical service charged by the public service provider and estimated by Landlord using its reasonable discretion. In the event Tenant’s electrical usage exceeds the seven (7) xxxxx amount stated above and is documented as provided for herein, Landlord shall have the right to separately meter (and separately charge Tenant for the cost of installing a meter(s) (the “Submeter”) and for electrical usage metered thereby). In the event a Submeter is installed, Landlord shall on a monthly basis (and no more than once per month), during the Term and any extension(s) thereof, read the Submeter to determine the amount of the electricity consumed in the Premises since the last reading of the Submeter and then compute the cost of the electricity consumed by multiplying the cost per kilowatt hour charged by the electric utility provider to Landlord or Master for that period by the amount of the kilowatt hours consumed. Promptly after such reading but no more than once per month, the Landlord shall invoice the Tenant for (as i) the case may be) for electricity consumed by Tenant cost of the electric consumption in the Premises, and such amount shall be due and payable within thirty (30) days after of Tenant’s receipt of an the invoice (together with reasonable supporting documentation) for it being understood that such payments are not due at the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or same time as other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s payments of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 belowRent hereunder), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when due.

Appears in 1 contract

Samples: Office Lease (Sailpoint Technologies Holdings, Inc.)

Electricity. The cost of electricity Landlord acknowledges 3000 AMP 480 / 277 volt, 3 phase electrical power is supplied to the Premises Complex (hereinafter referred to as the “Building standard rated electrical design load”). Tenant shall be separately submetered by Landlord allocated Tenant’s pro rata share of the Building standard circuits provided on the floor(s) Tenant occupies. Should Tenant’s fully connected electrical design load exceed the Building standard rated electrical design load for either low or high voltage electrical consumption, or if Tenant’s electrical design requires low voltage or high voltage circuits in excess of Tenant’s share of the Building standard circuits, Tenant shall be responsible for complying with any of Landlord’s requirements in connection therewith, including, without limitation, installing (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s costexpense) one (1) additional high voltage panel and/or one (1) additional low voltage panel with associated transformer (which additional panels and transformers shall be hereinafter referred to as the “additional electrical equipment”). Tenant shall pay to Landlord (orIf the additional electrical equipment is installed because Tenant’s low or high voltage rated electrical design load exceeds the applicable Building standard rated electrical design load, then a meter may also be added at Landlord’s option, directly option (at Tenant’s expense) to Master Landlordmeasure the electricity used through the additional electrical equipment. The design and installation of any additional electrical equipment (or related meter) required by Tenant shall be subject to the actual out-of-pocket costs charged by the public utility provider to Landlord or Master prior approval of Landlord (as the case may be) for electricity consumed which approval shall not be unreasonably withheld). All expenses incurred by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage the review and approval of any additional electrical equipment shall also be reimbursed to Landlord by Tenant. Pursuant Tenant shall also pay on demand the actual metered cost of electricity consumed through the additional electrical equipment (if applicable), plus any actual accounting expenses incurred by Landlord in connection with the metering thereof. Notwithstanding the foregoing, if: (i) such utility service is interrupted because of the acts of Landlord, its employees, agents or contractors; (ii) Tenant notifies Landlord of such interruption in writing (the “Interruption Notice”); (iii) such interruption does not arise in whole or in part as a result of an act or omission of a Tenant Party; (iv) such interruption is not caused by a fire or other casualty; (v) the repair or restoration of such service is reasonably within the control of Landlord; and (vi) as a result of such interruption, the Premises or a material portion thereof, is rendered untenantable (meaning that Tenant is unable to use the Premises in the normal course of it business) and subject Tenant in fact ceases to use the Premises, or material portion thereof, then, Tenant’s compliance sole remedy for such interruption shall be as follows: on the fifth (5th) consecutive business day following the later to occur of the date the Premises (or material portion thereof) becomes untenantable, the date Tenant ceases to use such space and the date Tenant provides Landlord with an Interruption Notice, the TCC’s Rent payable hereunder shall be abated on a per diem basis for each day after such five (5) business day period based upon the percentage of Article 8 below (including obtaining Landlord’s the Premises so rendered untenantable and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below)not used by Tenant, and subject to available electrical capacity of such abatement shall continue until the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to date the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when duebecome tenantable again.

Appears in 1 contract

Samples: Office Lease Agreement (Cross Country Healthcare Inc)

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Electricity. The cost (a) With respect to each Additional Premises Space and with respect to all of the Leased Premises (exclusive of the Basement Space) during the Further Extended Term (or earlier at any time following the date hereof at Tenant's election with respect to all or any portions of the Leased Premises (exclusive of the Basement Space) provided that Tenant gives to Landlord prior written notice of its intention to elect having its electric consumption measured by submeters and the installation thereof as hereafter provided), the following provisions shall apply with respect to Tenant's use of electricity supplied with respect to those portions of the Leased Premises intended to be covered thereby in lieu of the provisions of Section 24.01 of the Lease, Section 24.03 of the Lease, the first paragraph of Section 24.05 of the Lease, the second paragraph of Section 24.05 of the Lease, Section 24.08 of the Lease and Section 24.10 of the Lease and, additionally, there shall be no reduction in the fixed minimum rent payable under the Lease as is otherwise provided for in Section 24.04.A of the Lease (except to the extent that Tenant shall elect to have its electric 84 -72- consumption measured by submeters prior to the Commencement of the Further Extended Term and then only for such period prior thereto): Tenant's electricity consumption and demand in the Leased Premises (exclusive of the Basement Space) shall be separately submetered measured by submeters (including for this purpose any totalizing meter) installed by Landlord, at Tenant's cost and expense. At any time during the Term, Landlord may obtain electricity service from a company or companies other than the Utility Company (such other company or Landlord shall cause Master Landlord companies being herein referred to have as an "Alternate Utility"; and the provider of such electricity separately submetered) via existing submeters service from time to time being herein sometimes referred to as the "Providing Utility"). Whether Landlord obtains electricity from the Utility Company or new submeters installed at Tenant’s cost. from the Alternate Utility, Tenant shall pay to purchase electricity from Landlord (or, or Landlord's designated agent at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs same terms and rates for electricity that Landlord is charged by the public utility provider to Providing Utility regardless of whether Landlord is obtaining such electricity for the Building alone or in conjunction with other buildings owned by Landlord or Master Landlord others (as including, without limitation, all charges regardless of how denominated for generation, transportation, distribution or otherwise, including for this purpose any such charges imposed by the case may be) Providing Utility for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, using all or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s portion of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (facilities; provided, however, that Tenant shall receive the benefits of any discounts Landlord actually receives for the Building from any such additional electrical supplyProviding Utility [whether due to aggregation or otherwise]), arrangements and/or equipment plus six percent (6%) to reimburse Landlord for administrative services and line loss in connection with respect supplying and billing such electricity (collectively, the "Administrative Services Charges"), but in no event shall the amount payable by Tenant per Kilowatt and Kilowatt Hour be more than what Landlord pays to supply same at the service classification that applies to the Supplemental Areas and Supplemental Equipment entire Building, plus the Administrative Service Charges. All 85 -73- such sums shall be subject paid by Tenant to Landlord as additional rent hereunder. If more than one meter measures the electricity consumption and conditioned upon Tenant’s compliance demand of Tenant in the Building, the services rendered through all the meters shall be accumulated through a totalizing meter and billed on a coincident demand basis for the applicable billing period, aggregated and billed in accordance with the TCC’s above provisions. Landlord may at any time (but not more frequently than monthly unless Landlord shall be receiving bills more frequently) render bills for Tenant's consumption and demand and Tenant shall pay the same within ten (10) days following the date the same are rendered. Landlord shall have the right at any time and from time to time during the Term to discontinue obtaining electricity from the Providing Utility and to obtain electricity from any other utility provider (which may be either the Utility Company or an Alternate Utility), in which event Tenant's cost for electricity shall not exceed Tenant's cost had Landlord not switched companies (unless Landlord shall have switched companies because of Article 6.9 and Landlord's good faith dissatisfaction with the Special Use Conditionsservice being provided by a utility provider, in which event the foregoing limitation shall not apply). Landlord, at Notwithstanding anything to the contrary hereinbefore provided: (i) under no cost to circumstances shall Landlord incur any loss in connection with Tenant's use and consumption of electricity covered by this Section 13 (or Master Landlord under the Master Leaseincluding for this purpose for administrative services), it being the intention of Landlord and Tenant that there shall cooperate (not be a deficiency between what Landlord pays to purchase electricity and cause Master what Landlord charges Tenant for purchasing such electricity from Landlord or Landlord's designated agent. The Administrative Services Charges shall be treated separately and is intended to cooperate) reimburse Landlord solely for administrative services in connection with Tenant supplying 86 -74- and Provider reasonably and in good faith in this regardbilling such electricity. In furtherance of the foregoing, Tenant agrees to pay all bills to Landlord in addition to the foregoing amounts, within fifteen (15) days following demand therefor made from Provider time-to-time (together with reasonably detailed back-up and an invoice), an amount equal to that amount reasonably calculated by Landlord as shall be necessary to prevent Landlord from suffering such a loss; and (ii) under no circumstances shall Tenant pay more per Kilowatt and Kilowatt Hour for such direct electrical service when dueTenant's use and consumption of electricity covered by this Section 13 than shall be paid by any other tenant in the Building which obtains electric energy on a sub-metered basis.

Appears in 1 contract

Samples: Agreement (Grey Advertising Inc /De/)

Electricity. The cost of electricity supplied to the Premises shall be separately submetered by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetereda) via existing submeters or new submeters installed at Tenant’s cost. Tenant shall pay to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to Electricity will be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly in accordance with the Base Building Specifications attached hereto as Exhibit J. The Building 37 Premises shall be separately metered for electricity such that the applicable public utility (“Provider”) and may obtain such additional electric supply from such Providercompany can provide electricity directly to the Building 37 Premises, and may install supplemental electrical Landlord (at its sole cost) shall provide necessary submeters or other equipment or facilities to separate the cost of providing so-called “convenience” electricity from the electricity needed for the HVAC system and equipment serving Building 37 (which HVAC cost, without any service charge or xxxx-up, shall be an Operating Cost). The term “convenience” electricity shall refer to electricity for all lighting, plug in or hard-wired equipment, but excluding heating, ventilation and air conditioning in the Premises and/or Supplemental Areas unless such HVAC is supplemental in addition to the base building system and is required due to Tenant’s particular use (including, without limitation, HVAC for such purposes (a data center or computer room, special process rooms or conference-training centers, fitness centers or cafeterias requiring supplemental HVAC). The Building 131 Premises shall be submetered by the Landlord. In each case, Tenant shall be responsible for payment of all convenience electricity charges to the Landlord during the Term of this Lease and thereafter so long as Tenant is in occupancy of the Premises). Landlord shall permit Landlord’s existing wires, risers, conduits and other electrical equipment of Landlord to be used to supply electricity to Tenant, in common with others, provided, however, any such additional electrical supply, arrangements and/or equipment with respect subject to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon provisions of Section 7.4(a), Tenant’s compliance with demand requirement for convenience electricity shall not exceed the TCCload requirements of 6 xxxxx per square foot of Premises Rentable Area (or, if greater, Tenant’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Leaseexisting load requirement), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees in its use of the Premises (i) not to pay all bills exceed such requirements and (ii) that its total connected lighting load it will not exceed the maximum from Provider for such direct time to time permitted under applicable governmental regulations. In order to assure that the foregoing requirements are not exceeded and to avert possible adverse effect on the Building’s electric system, Tenant shall not, without Landlord’s prior consent, which consent shall not be unreasonably withheld, connect any fixtures, appliances or equipment to the Building’s electric distribution system other than personal computers, facsimile transceivers, typewriters, pencil sharpeners, adding machines, photocopiers, scanners, word and data processors, clocks, radios, hand-held or desk top calculators, desktop computers and customary “peripherals,” microwave ovens and other similar small electrical service when dueequipment normally found in business offices and not drawing more than 20 amps at 120/208 volts.

Appears in 1 contract

Samples: Bright Horizons Family Solutions Inc.

Electricity. The cost Adequate electrical wiring and facilities for connection to Tenant’s lighting fixtures and incidental use equipment, provided that total capacity for the incidental use equipment and lighting fixtures does not exceed an average of electricity supplied to eight (8) xxxxx per rentable square foot of the Premises and provided further that the total amount of such use for 120 volt use shall be separately submetered by Landlord (or but not shall not be required to exceed unless Tenant complies with the following sentence) three (3) xxxxx per rentable square foot of the Premises. If Tenant desires to have the 120 volt electrical use exceed three (3) xxxxx per rentable square foot, Landlord shall cause Master Landlord co-operate with permitting the performance of the work required to have install the transformers, panels or other work (collectively, the “Electrical Upgrade Work”) necessary to permit such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s costuse, provided that the costs and expense for such Electrical Upgrade Work shall be paid by Tenant and shall be performed by contractors reasonably approved by Landlord. Upon installation, all Electrical Upgrade Work shall be part of the Building Systems and be deemed the property of Landlord. Tenant shall pay not be charged hereunder for any additional electrical consumption in the Premises at any time until the total consumption within the Premises (excluding therefrom electrical consumption relating to Landlord HVAC and fluorescent lighting) exceeds a monthly consumption level that would exist if Tenant used an average of five (or, at 5) xxxxx per rentable square foot of the Premises during Normal Business Hours (the “Electrical Cost Threshold”). Any charges to Tenant for electrical consumption within the Premises above the Electrical Cost Threshold shall not exceed Landlord’s option, directly to Master LandlordActual Cost (defined below) for such excess consumption. “Actual Cost” means the actual and direct out-of-pocket costs charged cost paid by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated to pay any administration feeservice or utility supplied without charge for administration, profit or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when dueoverhead.

Appears in 1 contract

Samples: Aecom Technology Corp

Electricity. The cost Section 13.1 As an incident to this Lease and as part of electricity supplied to the Premises shall be separately submetered by Landlord (or Fixed Rent payable hereunder, Landlord shall cause Master Landlord furnish to have such electricity separately submetered) via existing submeters or new submeters Tenant, subject to compliance with Requirements, through transmission facilities installed at Tenant’s cost. Tenant shall pay by it in the Building, alternating electric current to Landlord (or, at Landlord’s option, directly to Master Landlord) the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) for electricity consumed be used by Tenant in the Premises, within thirty (30) days after Tenant’s receipt Premises in such amount as shall be sufficient during Business Hours of an invoice (together with reasonable supporting documentation) Business Days for the same. Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by operation of Tenant. Pursuant to 's lighting fixtures and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (customary small office machines; provided, however, that Landlord shall not be obligated to provide electric current in an amount in excess of five (5) xxxxx (connected load) of electric current per gross usable square foot of space in the Premises (inclusive of any supplementary system installed by or on behalf of Tenant and exclusive of the base Building air conditioning system) (the "Electric Capacity"). Landlord shall not be liable in any way to Tenant for any failure or defect in supply or character of electric current furnished to be Premises. At Landlord's option, Landlord shall furnish and install all lighting tubes, ballasts, lamps and bulbs used in the Premises and Tenant shall pay, promptly upon demand as additional rent, Landlord's reasonable and competitive charges therefore. Tenant shall use said electric current for lighting and, insofar as Landlord's facilities are not burdened thereby and applicable laws and insurance regulations permit, for operation of such additional electrical supplyequipment as is normally used in connection with the operation of a business office. The portion of the Fixed Rent attributable to electric current so furnished to Tenant, arrangements and/or equipment with respect is hereinafter referred to as the "Factor". In no event is the Factor to be less than the Factor on the date of this Lease ($16,156.25), as thereafter increased pursuant to Section 13.5 below. Notwithstanding anything to the Supplemental Areas contrary contained herein, Tenant shall pay for electricity consumed in the Premises from and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with after the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when dueCommencement Date.

Appears in 1 contract

Samples: Agreement of Lease (BLC Financial Services Inc)

Electricity. The cost of An amount equal to $1.00 per rentable square foot per annum has been included in the Minimum Rent to reimburse the Sublessor for the costs incurred in providing electricity supplied to the Sublease Premises. In the event Sublessor incurs any additional costs in connection with providing electricity to the Sublease Premises shall be (in connection with any xxxxxxxx to Sublessor by Computervision in accordance with paragraph 3 of Exhibit D to the Original Sublease, but specifically excluding any costs associated with any separately submetered metered portions of the Main Premises or Original Sublease Premises not occupied or used by Landlord (or Landlord shall cause Master Landlord Sublessee, including but not limited to have such electricity separately submetered) via existing submeters or new submeters installed at TenantSublessor’s cost. Tenant data center and network operating center on the ground floor of the Main Premises), Sublessee shall pay to Landlord Sublessor promptly upon request a portion of such additional costs (orthe “Additional Electricity Payments”), at Landlord’s option, directly to Master Landlord) where such portion is calculated by dividing the actual out-of-pocket costs charged rentable square footage of the Sublease Premises by the public utility provider rentable square footage of the Original Sublease Premises (i.e. 17.6%). Sublessor reserves the right to Landlord or Master Landlord (as the case may be) for install a separate electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) meter for the same. Tenant shall in no event be obligated Sublease Premises (which right derives solely from Computervision’s rights under Exhibit D to pay any administration feethe Original Sublease), or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent the Sublease Premises are or become separately metered (i) Sublessee shall pay for its actual electricity usage separately, (ii) the Minimum Rent shall be reduced by $1.00 per rentable square foot per annum and (iii) Sublessee shall not be required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when dueAdditional Electricity Payments.

Appears in 1 contract

Samples: Sub Sublease (Varolii CORP)

Electricity. The cost of electricity supplied Landlord shall provide to the Premises adequate electrical wiring and facilities and power for normal general office use twenty-four (24) hours per day, seven (7) days per week, and consistent with the Consumption Standard. As used herein, the “Consumption Standard” shall mean five (5) xxxxx per usable square foot of the Premises for connected electrical load of 120/208 voltage power equipment and one (1) and three-tenths (1.3) xxxxx per usable square foot of the Premises for connected electrical load for 277/480 voltage power equipment, calculated on an average annualized basis for the Business Hours described in Section 6.1.1 above, which electricity consumption shall be separately submetered defined without regard to electricity utilized by Landlord (or Landlord shall cause Master Landlord to have the Building’s base building equipment such electricity separately submetered) via existing submeters or new submeters installed at as the Base Building HVAC System and Building elevators. Tenant’s costuse of electricity shall never exceed the electrical capacity of the Building or the Building’s electrical equipment, feeders or risers serving the Premises, which electrical capacity of the Building and such equipment, feeders or risers shall be as set forth in the Base Building Plans (as defined in the Tenant Work Letter). Tenant shall pay for the actual cost of all electricity consumed at the Premises (including any Special Tenant Areas), and all electricity consumed by Tenant’s Supplemental HVAC Equipment (as defined below), including without limitation, all electricity consumed within, and in excess of, the Consumption Standard. Tenant shall also pay for the costs of all gas (if any) consumed in the Cafeteria and other portions of the Premises. The amount of such electricity and gas shall be determined by separate direct meters and/or submeters to Landlord be installed by Tenant at Tenant’s expense (or, at Landlord’s option, directly to Master Landlordwhich may be paid out of (i) the actual outTenant Improvement Allowance with respect to any such meters and/or submeters installed during the initial build-ofout of the initial Premises, and (ii) any tenant improvement allowance provided by Landlord for any Expansion Space, First Refusal Space or First Offer Space leased by Tenant with respect to any such meters and/or submeters installed during the initial build-pocket out of such applicable space). The costs of such electricity and gas shall be at the rates charged by the public utility provider company (currently DWP and the Gas Company) to Landlord provide such electricity and gas (without mark-up or Master Landlord (as the case may be) for electricity consumed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for the same. Tenant shall in no event be obligated profit to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined any incentives offered by Master Landlord such utility providers that are applicable to the extent permitted under Premises, the Master Lease, Special Tenant may, at its own expense, elect Areas and/or the Supplemental HVAC Equipment (which incentives shall inure to make additional electricity arrangements for electricity Tenant’s benefit). Such costs shall be paid to be provided Landlord within sixty (60) days after invoice (or directly to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly utility company prior to delinquency, if direct meters for such utilities have been installed). Landlord shall use commercially reasonable good faith efforts to work with the applicable utility (“Provider”) and may Tenant to obtain such additional electric supply approvals from such Provider, and may utility companies to install supplemental electrical equipment direct meters in the Premises and/or Supplemental Areas most economical way to measure the consumption of such utilities for such purposes (providedthe Premises, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Special Tenant Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when dueHVAC Equipment.

Appears in 1 contract

Samples: Sublease Agreement (Intuit Inc)

Electricity. (a) The cost of electricity supplied to the Demised Premises shall be separately submetered metered for electrical use. Electricity shall be distributed to the Demised Premises either by Landlord (or Landlord shall cause Master Landlord to have such electricity separately submetered) via existing submeters or new submeters installed at Tenant’s cost. Tenant shall pay to Landlord (the electric utility company serving the Building or, at Landlord’s option, directly by Landlord, and Landlord shall permit Landlord’s wire and conduits, to Master the extent available, suitable and safely capable, to be used for such distribution. If and so long as Landlord is distributing electricity to the Demised Premises, Tenant shall obtain all of its electricity from Landlord and shall pay all of Landlord) ’s charges (at rates which shall not exceed the actual out-of-pocket costs charged reasonably competitive rates for such service charges to tenants by other electrical utility providers in Lisle/Naperville, Illinois for space comparable in size to the public space leased to Tenant). If the electric utility provider company is distributing electricity to Landlord or Master Landlord (as the case may be) Demised Premises, Tenant at its cost shall make all necessary arrangements with the electric utility company for metering and paying for electric current furnished to the Demised Premises. Tenant’s use of electricity consumed by Tenant in the Demised Premises shall be for the operation of building standard lighting, electrical fixtures, computers, other data processing or storage equipment and other office machines and lamps (expressly excluding high electrical consumption business machines and space heaters) and shall not at any time exceed the capacity of any of the electrical conductors and equipment in or otherwise serving the Demised Premises. For information purposes, within thirty the electrical capacity (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentationlights and outlets) for the sameDemised Premises is as follows: electrical lighting and electronic equipment load of six (6) wxxxx/square foot (Demand Load) of floor area. If Tenant determines that it requires additional electrical capacity, Landlord shall in reasonably cooperate with Tenant’s reasonable requests and proposals to obtain such extra power; provided that (a) such cooperation, as well as any actions taken by Tenant relative to such additional power needs, shall be at no event be obligated cost, expense or liability to pay any administration feeLandlord, (b) Tenant’s proposed method of obtaining additional power shall not adversely affect Building operations or any xxxx-upother tenant’s space or any Building systems, depreciation Common Areas or other amounts core and shell components and (c) any work required to Landlord or Master Landlord in connection with electricity usage obtain such additional electrical capacity shall be performed by Tenant. Pursuant to and subject to Tenant’s compliance , at its expense, in accordance with the TCC’s terms and requirements of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 belowall approval rights of Landlord as set forth therein), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when due.

Appears in 1 contract

Samples: Lease Agreement (SXC Health Solutions Corp.)

Electricity. The cost Landlord shall provide reasonably sufficient electricity to the Premises (including adequate electrical wiring and facilities for connection to Tenant's lighting fixtures and incidental use equipment), provided that (i) the connected electrical load of electricity supplied to the incidental use equipment does not exceed an average of four (4) xxxxx per usable square foot (excluding power for restroom, showers, supplemental cooling and kitchen areas, for which no less than four (4) additional xxxxx per usable square feet of the Premises shall be separately submetered by Landlord provided) of the Premises, calculated on a monthly basis, and the electricity so furnished for incidental use equipment will be at a nominal one hundred twenty (or Landlord 120) volts and no electrical circuit for the supply of such incidental use equipment will require a current capacity exceeding thirty (30) amperes (equipment used for the kitchen(s) shall cause Master Landlord to have such be allocated additional amperes as needed), and (ii) the connected electrical load of Tenant's lighting fixtures does not exceed an average of eight-tenths (.8) xxxxx per usable square foot of the Premises during the Building Hours, calculated on a monthly basis, and the electricity separately submeteredso furnished for Tenant's lighting will be at a nominal one hundred twenty (120) via existing submeters or new submeters installed volts. Tenant shall be responsible, at Tenant’s costsole cost and expense, for obtaining and for the installation of any additional electrical service to the Premises that is in excess of the specifications outlined above, including but not limited to any such additional service required for the operation of Tenant’s Cafeteria. As part of the Tenant Improvements on or immediately after the Phase 1 Delivery Date and the Phase 2 Delivery Date (as applicable), Tenant shall, at Tenant's sole cost and expense, install devices to separately sub-meter Tenant's electrical use at the Premises, and in such event, Tenant shall pay the actual and reasonable cost of electrical service directly to Landlord (or, at Landlord’s option, directly to Master Landlord) without markup as set forth below and the actual out-of-pocket costs charged by the public utility provider to Landlord or Master Landlord (as the case may be) cost of electrical service shall be excluded from Operating Expenses. Bills for electricity consumed shall be rendered once a month, and shall be payable by Tenant in the Premises, as Additional Rent (and not as an Operating Expense) within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) rendition thereof. Such electric xxxx shall include the cost of electric service consumed in the Premises pursuant to this Lease. The amount to be charged to Tenant by Landlord per KW and KWHR of electric service shall be the actual cost at which Landlord from time to time purchases such KW and KWHR of electricity utilized in the Building for the samesame period from the utility company calculated as set forth below. Such cost shall be determined by dividing the amount billed by the utility company for the KWs and KWHRs consumed in the Building during each respective billing period by the total number each of KWs and KWHRs consumed by the Building for such billing period as appearing on the utility company invoice. So long as the same does not materially increase the cost of any improvements or alterations constructed by or on behalf of Tenant, Tenant will design Tenant's electrical system serving any equipment producing nonlinear electrical loads to accommodate such nonlinear electrical loads, including, but not limited to, oversizing neutral conductors, derating transformers and/or providing power-line filters. Engineering plans shall include a calculation of Tenant's fully connected electrical design load with and without demand factors and shall indicate the number of xxxxx of unmetered and submetered loads. Tenant shall in no event be obligated to pay any administration feebear the cost of replacement of lamps, or any xxxxstarters and ballasts for non-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with Building standard lighting fixtures within the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity arrangements for electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions). Landlord, at no cost to Landlord (or Master Landlord under the Master Lease), shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider for such direct electrical service when duePremises.

Appears in 1 contract

Samples: Office Lease (Atlassian Corp PLC)

Electricity. The cost Landlord agrees that it shall, subject to the other ----------- provisions in this Lease, at its expense, provide a total of electricity supplied at least 225 KVA. or such greater amount as is currently available to the third floor of the Building of uninterruptible power supply ("UPS") and generator-protected power to the Premises shall be separately submetered by during the Lease Term. Landlord (or Landlord shall cause Master Landlord shall, at its expense, provide maintenance of the UPS and generator equipment to have such electricity separately submetered) via existing submeters or new submeters installed at manufacturer recommended specifications and provide copies of maintenance reports to Tenant upon Tenant’s cost's request. Tenant shall pay have the right to install monitoring devices at the UPS and generator equipment, and to inspect the same and related equipment from time to time, in order to assure that they are functioning properly. Landlord shall not charge Additional Rent to Tenant for the foregoing services except to the extent generally included in Operating Expenses for all tenants of the Building If at any time Landlord fails to maintain such equipment as provided in this paragraph, Tenant, upon twenty-four (24) hours' prior notice to Landlord (orunless immediate action is necessary to assure uninterrupted performance of such equipment. in which case no notice shall be required) may perform such maintenance, at and Landlord’s option, directly to Master Landlordwithin ten (10) days after receipt of an invoice from Tenant therefor, shall reimburse Tenant the actual out-of-pocket costs charged by cost of such maintenance. Notwithstanding any contrary provision of Section 14.2 or any other provision of this Lease, Tenant shall pay for all electricity used in the public utility provider to Landlord or Master Landlord Premises (as including, but not limited to, all electricity used in connection with the case may be) for electricity consumed operation of HVAC equipment installed by Tenant in the Premises, within thirty (30) days after Tenant’s receipt of an invoice (together with reasonable supporting documentation) for directly to the same. governmental agency or utility company supplying the electricity and Tenant shall in no event be obligated to pay any administration fee, or any xxxx-up, depreciation or other amounts to Landlord or Master Landlord in connection with electricity usage by Tenant. Pursuant to and subject to Tenant’s compliance with the TCC’s of Article 8 below (including obtaining Landlord’s and Master Landlord’s prior consent if and to the extent required pursuant to Article 8.1 below), and subject to available electrical capacity of the Building, as reasonably determined by Master Landlord to the extent permitted under the Master Lease, Tenant may, at its own expense, elect to make additional electricity all arrangements for obtaining such electricity, including, but not limited to, the installation of a separate meter to measure electricity to be provided to the Premises and/or Supplemental Areas (and Supplemental Equipment) directly with the applicable utility (“Provider”) and may obtain such additional electric supply from such Provider, and may install supplemental electrical equipment used in the Premises and/or Supplemental Areas for such purposes (provided, however, any such additional electrical supply, arrangements and/or equipment with respect to the Supplemental Areas and Supplemental Equipment shall be subject to and conditioned upon Tenant’s compliance with the TCC’s of Article 6.9 and the Special Use Conditions)Premises. Landlord, at no cost to Landlord (or Master Landlord under the Master Lease)its expense, shall cooperate (and cause Master Landlord to cooperate) with Tenant and Provider reasonably and in good faith in this regard. Tenant agrees to pay all bills from Provider arrange for such direct electrical service when duethe separate metering of the Premises.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

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