Common use of Additional Power Clause in Contracts

Additional Power. If Tenant requests utilities in excess of the quantities supplied by Landlord pursuant to Section 13.2 above and if excess quantities that could be delivered to Tenant are available to Landlord, Landlord will make the excess quantities available, subject to the following conditions: (a) Tenant shall have provided Landlord with a written request for a specified increase in the maximum load Limit at least three (3) months prior to the date Tenant requires such increase; (b) The cost of supplying such additional facilities or excess utilities shall be disclosed to Tenant prior to Landlord providing same, and, to the extent Tenant requests such additional facilities or excess services and Landlord provides same to Tenant, the specific costs reflecting the quantity of Tenant’s request shall be paid by Tenant to Landlord within thirty (30) days after Landlord’s demand therefor; and (c) If Landlord requires additional time to increase the maximum load limit due to events outside Landlord’s control, which shall not exceed sixty (60) days, Landlord shall provide Tenant notice and adjust the schedule accordingly. The provisions of this Section 13.4(c) are in lieu of and not in addition to any Force Majeure event, and Force Majeure shall never apply to extend the time set forth in this Section 13.4(c).

Appears in 2 contracts

Sources: Lease Agreement (Fisher Communications Inc), Purchase and Sale Agreement (Fisher Communications Inc)