Utility Consumption. Upon discovery, LESSEE shall call maintenance to report running toilets or water leaks and broken air conditioning Units. LESSEE shall not run the air conditioning or heat with the windows and/or doors open, or leave lights on continuously. LESSOR shall not be responsible for excessive utility costs related to increased consumption caused by conditions such as these.
Utility Consumption. Tenants are responsible for notifying Landlord of any fixtures not properly working. Tenants further acknowledge that Landlord will not reimburse Tenants for increased consumption in utility usage due to unreported malfunctioning fixtures. For example, if Tenant fails to report a toilet that is running, Landlord will not reimburse Tenants for additional water or sewer charges. Furthermore, Landlord is not liable to reimburse Tenant for any non-used heating oil or propane.
Utility Consumption. Residents agree to immediately report damage or maintenance (including, but not limited to, running toilets, water leaks or broken air conditioning units) needs to Lessor. Residents shall not run the air conditioning or heat with the windows and/or doors open, or leave lights on continuously. Lessor shall not be responsible for excessive utility costs related to increased consumption caused by such actions.
Utility Consumption. As part of the Improvements of the Work Letter attached hereto as Exhibit D, Landlord shall install an HVAC override timer with an hourly counter attachment on each floor of the Premises. Tenant’s activating said override timer to obtain HVAC services after normal Business Hours (as set forth in the Basic Lease Information) will engage the Building’s package, condensing and fan coil units. Each quarter, Landlord shall determine the operating hours that Tenant has obtained HVAC services in excess of normal Business Hours (“Excess Operating Hours”). The total number of Excess Operating Hours derived will be multiplied by Thirty-five Dollars ($35) per hour per zone and said resulting amount will reflect the HVAC utilities usage, as well as the increased maintenance and repair costs and accelerated reduction of the useful life of the equipment associated with such Excess Operating Hours for the applicable quarter and will be billed by Landlord to Tenant and shall be promptly paid by Tenant to Landlord as Additional Rent. Verus Lease v06 -18- February 2, 2005 (8:51 pm)
Utility Consumption. The utility allowance schedule is based on utility consumption of major appliances such as heating furnace, hot water heater, range and refrigerator. The electricity allowance also includes consumption for minor electric appliances such as toasters and can openers. This schedule is posted at the PHA Office.
Utility Consumption. Should during the performance test run (48 hours) the plant does not reach the contracted and guaranteed parameters for consumption of the following, – Total electrical power – Total process water – Total process steam – Total phosphoric acid – Total sodium hydroxide the SELLER has to pay liquidated damages (penalties) as follows: In case of higher consumption figures for the above mentioned utilities over a tolerance of +/-5% (valid for each of the above mentioned utilities), and as stated below, the SELLER shall pay to the BUYER liquidated damages. The value of these liquidated damages shall be calculated as the absolute total extra costs related to one year operation. The liquidated damages shall be paid as one single payment only. If the consumption figures in aggregate are favorable to the BUYER, then SELLER will be paid 50% of this annual savings as a “Performance Bonus” The costs for increased consumption and the profit for decreased consumption of the above listed utilities shall be balanced against each other. The cost of these individual materials and utilities on a per unit basis will be agreed to by both SELLER and BUYER prior to the test. Only when this balance calculation results in extra costs, the BUYER shall have the right to claim from the SELLER the payment of those extra costs related to one year of operation as liquidated damages. In order to calculate the costs, the actual market prices for the utilities on the day of the performance test shall be used. The costs for increased consumption and the profit for decreased consumption of utilities or a higher production rate of refined oil can be balanced against each other. The total amount of liquidated damages to be paid by the SELLER to the BUYER for deficiency in processing capacity and in utility consumption is limited to a maximum amount of 5% of the total contract price. If the SELLER has paid liquidated damages according to this Addendum to the BUYER, or in case a successful Performance Test Run should not be possible due to reasons not attributable to the SELLER within six (6) months after the completion of erection, latest however within 22 months after the Beginning of Performance of the Contract, the plant shall be considered as accepted and the Acceptance Certificate shall be issued. The Acceptance Certificate will have to be signed in all of before mentioned cases within five (5) days.
Utility Consumption. As part of the Improvements of the Work Letter attached hereto as Exhibit D, Landlord shall install an HVAC override timer with an hourly counter attachment on each floor of the Premises. Tenant’s activating said override timer to obtain HVAC services after Normal Operating Hours (as set forth in the Rules and Regulations attached hereto as Exhibit E) will engage the Building’s package, condensing and fan coil units. Each quarter, Landlord shall determine the operating hours that Tenant has obtained HVAC services in excess of the Building’s Normal Operating Hours (“Excess Operating Hours”). The total number of Excess Operating Hours derived will be multiplied by an hourly excess operating hours usage rate (the” Hourly Excess Operating Hours Usage Rate”) and such resulting amount will be billed by Landlord to Tenant quarterly and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days after receipt by Tenant of Landlord’s invoice therefore. Such costs paid by Tenant for Excess Operating Hours shall not be included in Operating Expenses. Initially, the Hourly Excess Operating Hours Usage Rate shall be Thirty Dollars ($30.00) per Excess Operating Hour. The Hourly Excess Operating Hours Usage Rate may be increased annually by Landlord to reflect increases in costs resulting from such excess HVAC utilities usage, as well as the increased maintenance and repair costs and accelerated reduction of the useful life of the equipment associated with such Excess Operating Hours. Any dispute regarding determination of this actual after-hours costs shall be resolved by a mutually-acceptable, independent HVAC engineer.
Utility Consumption. Tenant acknowledges and affirms its knowledge and understanding of Landlord’s efforts to benchmark utility consumption within the entirety of the Building. As such, Tenant consents to Landlord’s using such consumption information to enable Landlord to satisfy the requirements established by the US EPA for whole building data for, and to incorporate Tenant’s utility data in, such benchmarking initiatives as Landlord actively participates in, subject only to the provision that Landlord will exercise commercially reasonable care to maintain the privacy of Tenant’s specific consumption data. Any public dissemination of such data shall be in aggregate with other Building tenants’ and occupants’ consumption data, with no direct identification of individual tenant usage.
Utility Consumption. If Tenant is likely to or does consume quantities of electricity, water, or gas in excess of the amount customarily consumed by users of office space, Landlord shall have the right, at Tenant's sole cost and expense, to install separate metering for such utilities or to separately charge Tenant for any quantity of such utilities consumed by Tenant beyond the amounts cutomarily consumed by office users. Any such charges made by Landlord to Tenant shall be reasonably deten-nined by Landlord and shall promptly be paid by Tenant to Landlord as Additional Rent. Notwithstanding anything to the contrary contained herein, Tenant shall not consume quantities of such utilities in excess of the amounts customarily consumed by users of office space without obtaining Landlord's prior written consent thereto.
Utility Consumption. If Tenant is likely to or does not consume quantities of electricity, water or gas in excess of the amounts customarily consumed by users of office space, Landlord shall have the right, at Tenant's sole cost and expense, to install separate metering for such utilities or to separately charge Tenant for any quantity of such utilities consumed by Tenant beyond the amounts customarily consumed by office users. Any such charges made by Landlord to Tenant shall be reasonably determined by Landlord and shall be promptly paid by Tenant to Landlord as Additional Rent. Landlord may, at Landxxxx'x xole option, elect to rate the quantity of utilities consumed by Tenant at the Premises. Such consumption shall be determined by one of the following methods: (i) a rating by an appropriately licensed engineer with costs to be computed on an average daily basis; (ii) metering by a licensed utility company responsible for service to the project; or (iii) a rating by an appropriately licensed engineer and monitored by Landlord's central project computer. In each such case, the costs for administering such methods shall be borne by Tenant. 5 6 9.02.
