Common use of Charges for Utilities Clause in Contracts

Charges for Utilities. (a) The Tenant shall be solely responsible for and shall promptly pay to the Landlord, or as it otherwise directs, in the manner hereinafter provided as a charge with respect to the Premises (the "Charge") the aggregate, without duplication, of: (i) the total cost of water, fuel, power, telephone and other utilities (the "Utilities") used or consumed in or with respect to the Premises at rates not in excess of public utility rates for the same services if such utilities are provided by public utilities; and (ii) all costs reasonably incurred by the Landlord in determining or allocating the Charge or determining the Utilities including, without limitation, professional, engineering and consulting fees and an administration fee of fifteen per cent (15%) of the total cost hereinbefore set out in this Section 7.01(a). (b) The Landlord may determine in a reasonable and equitable manner the Charge applicable to the Premises by allocating the Utilities for the Building amongst the several components and areas of the Building, including the Common Facilities, the Leasable Premises, and as between the various different Leasable Premises in the Building, using as a basis, without limitation, (i) check meters installed in the Common Facilities, and individual Leasable Premises and other premises available for leasing which do not constitute part of the Leasable Premises; (ii) the relevant rates of demand and consumption of Utilities in the respective areas; and/or (iii) the connected load of the respective areas comprising the Common Facilities, and those individual Leasable Premises and such other leasable premises and other leasable premises for which there are no check or other meters. (c) Provided that notwithstanding the foregoing, the Landlord at its option may include the cost of all Utilities for the Building, including for Common Facilities, the Premises and all Leasable Premises and other premises available for leasing which do not constitute a part of the Leasable Premises which are not separately metered in the costs and expenses referred to in Section 6.02(a) and subject to what is otherwise herein provided, the Tenant shall pay its Proportionate Share thereof or other share thereof as provided in Section 6.02, in the manner and at the times as set forth in Section 6.03 hereof. (d) The Tenant agrees as follows: (i) If the Landlord elects, for the more efficient and proper operation of the Building, or is required by municipal by- law or the suppliers of the Utilities to purchase the Utilities or any of them for the Building, the Tenant shall purchase such Utilities and pay for such Utilities as Additional Rent forthwith on demand to the Landlord at rates not in excess of the rates charged by such suppliers for such Utilities, if applicable; (ii) If requested by the Landlord, the Tenant shall promptly install a separate check meter indicating demand and consumption of Utilities in the Premises at the Tenant's expense and in a location designated by the Landlord; (iii) If the Landlord elects, the Landlord shall be entitled to install, at the Tenant's expense, a separate check meter indicating demand and consumption of Utilities in the Premises, in a location designated by the Landlord. (e) If the suppliers of the Utilities require that the Tenant enter into contracts or arrangements with such suppliers in connection with such Utilities, the Tenant shall be responsible to enter into such contracts or other arrangements and to pay whatever deposits or other amounts that are payable under such contracts or other arrangements. (f) In no event is the Landlord liable for, nor has the Landlord any obligation with respect to, an interruption or cessation of, or a failure in the supply of any such Utilities, services or systems in, to or serving the Building or the Premises, whether or not supplied by the Landlord or others, and whether the interruption or cessation is caused by the Landlord's fault or not.

Charges for Utilities. (a) The Tenant shall will be solely responsible for and shall will promptly pay to the Landlord, or as it otherwise directs, in the manner hereinafter provided below, as a charge with respect to the Premises (the "“Charge"”) the aggregate, without duplication, of: (i) the total cost of supplying utilities (the “Utilities”) such as for example, water, fuel, power, power and telephone and other utilities (the "Utilities") used or consumed in or made available to or consumed in or made available to or consumed in or with respect to the Premises at rates not Leased Premises; (ii) the costs of all fittings, connections and meters and all work performed in excess connection with any services or Utilities provided to the Leased Premises; (iii) the cost of public utility rates any letters of credit required by the supplier of any Utilities (and, for the same services if sake of clarity, the Tenant may be required to post such utilities are provided by public utilitiesletters of credit directly at the option of the Landlord); (iv) the cost of any other charges levied or assessed in lieu of, or in addition to, the Utilities; and (iiv) all costs reasonably incurred by the Landlord in determining or allocating the Charge or determining the Utilities including, without limitation, professional, engineering and consulting fees and an administration fee of fifteen per cent (15%) of the total cost hereinbefore set out in this Section 7.01(a)intentionally deleted. (b) The Landlord may determine in a reasonable and equitable manner the Charge applicable following conditions apply to the Premises by allocating the Utilities for the Building amongst the several components and areas of the Building, including the Common Facilities, the Leasable Premises, and as between the various different Leasable Premises in the Building, using as a basis, without limitation, (i) check meters installed in the Common Facilities, and individual Leasable Premises and other premises available for leasing which do not constitute part of the Leasable Premises; (ii) the relevant rates of demand and consumption of Utilities in the respective areas; and/or (iii) the connected load of the respective areas comprising the Common Facilities, and those individual Leasable Premises and such other leasable premises and other leasable premises for which there are no check or other meters. (c) Provided that notwithstanding the foregoing, the Landlord at its option may include the cost of all Utilities for the Building, including for Common Facilities, the Premises and all Leasable Premises and other premises available for leasing which do not constitute a part of the Leasable Premises which are not separately metered in the costs and expenses referred to in Section 6.02(a) and subject to what is otherwise herein provided, the Tenant shall pay its Proportionate Share thereof or other share thereof as provided in Section 6.02, in the manner and at the times as set forth in Section 6.03 hereof. (d) The Tenant agrees as followsCharge: (i) If the Tenant will enter into those contracts or other arrangements in connection with the Utilities and will pay whatever deposits or other amounts are payable under those contracts or other arrangements; (ii) if the Landlord elects, for the more efficient and proper operation of the Building, or is required by municipal by- law Authorities or the suppliers of the Utilities to purchase supply the Utilities or any of them for the BuildingLeased Premises, the Tenant shall will purchase such the Utilities from the Landlord and pay for such the Utilities as Additional Rent forthwith immediately on demand to by the Landlord at rates which do not in excess of exceed appropriate rates for the rates charged by such suppliers for such Utilities, if applicable; (iiiii) If requested by the Tenant will pay to the Landlord, the Tenant shall promptly install a separate check meter indicating demand and consumption of Utilities in the Premises at the Tenant's expense and in a location designated by the Landlord; (iii) If the Landlord electsas Additional Rent, the Landlord shall be entitled to install, at the Tenant's expense, a separate check meter indicating demand and consumption of Utilities in the Premises, in a location designated by the LandlordCharge forthwith on demand. (eiv) If the suppliers of the Utilities require that the Tenant enter into contracts or arrangements with such suppliers in connection with such Utilities, the Tenant shall be responsible to enter into such contracts or other arrangements and to pay whatever deposits or other amounts that are payable under such contracts or other arrangementsIntentionally deleted. (fc) In no event The Landlord is the Landlord not liable for, nor has the Landlord does it have any obligation with respect to, to an interruption or cessation of, of or a failure in the supply of any such Utilities, services or systems systems, in, to to, or serving the Building or the Leased Premises, whether or not supplied by the Landlord or others, and whether the interruption or cessation is caused by the Landlord's fault or not.

Charges for Utilities. (a) The Tenant shall be solely responsible for and shall promptly pay as Additional Rent to the Landlord, or as it otherwise directs, in the manner hereinafter provided as a charge with respect to the Leased Premises (the "“Charge"”) the aggregate, without duplication, of: of (i) the total cost of water, fuel, power, telephone and other utilities (the "Utilities") supplying Utilities used or consumed in or with respect to the Leased Premises at rates not in excess of public utility rates for or allocated to them by the same services if such utilities are provided by public utilitiesLandlord; and (ii) the cost of any other charges levied or assessed in lieu of or in addition to such Utilities as determined by the Landlord including, without limitation, the equitable allocation to the Leased Premises of an additional charge, as determined by the Landlord, for the excess supply to and usage of the Utilities in the Leased Premises; and (iii) all costs reasonably incurred by the Landlord in determining or allocating the Charge or determining the Utilities including, without limitation, professional, engineering and consulting fees and expenses and an administration fee of fifteen per cent percent (15%) of the total cost costs hereinbefore set out in this Section 7.01(aSub-section 3.06(a). (b) The Landlord may determine in a reasonable and equitable manner the Charge applicable to the Premises by allocating the Utilities for the Building amongst the several components and areas of the Building, including the Common Facilities, the Leasable Premises, and as between the various different Leasable Premises in the Building, using as a basis, without limitation, (i) check meters installed in the Common Facilities, and individual Leasable Premises and other premises available for leasing which do not constitute part of the Leasable Premises; (ii) the relevant rates of demand and consumption of Utilities in the respective areas; and/or (iii) the connected load of the respective areas comprising the Common Facilities, and those individual Leasable Premises and such other leasable premises and other leasable premises for which there are no check or other meters. (c) Provided that notwithstanding the foregoing, the Landlord at its option may include the cost of all Utilities for the Building, including for Common Facilities, the Premises and all Leasable Premises and other premises available for leasing which do not constitute a part of the Leasable Premises which are not separately metered in the costs and expenses referred to in Section 6.02(a) and subject to what is otherwise herein provided, the Tenant shall pay its Proportionate Share thereof or other share thereof as provided in Section 6.02, in the manner and at the times as set forth in Section 6.03 hereof. (d) The Tenant agrees as follows: (i) If the Landlord elects, for the more efficient and proper operation of the Building, or is required by municipal by- by-law or the suppliers of the Utilities Utilities, to purchase the Utilities or any of them for the Building, the Tenant shall purchase such Utilities and pay for such Utilities as Additional additional Rent forthwith on demand to the Landlord at rates not in excess of the rates charged by such suppliers for such Utilities, if applicable; (ii) If requested by The Tenant shall pay to the Landlord, as Additional Rent, the Tenant shall promptly install a separate check meter indicating demand and consumption of Charge for Utilities in the Premises at the Tenant's expense and consecutive monthly instalments in a location designated advance based on estimates by the Landlord;Landlord and subject to adjustment by the Landlord within a reasonable time after the end of the Year for which such estimate has been made; and (iii) If the Landlord elects, the Landlord shall be entitled to install, at the Tenant's expense, install a separate check meter indicating demand and consumption of Utilities in the Premises, in a location designated by the Landlord. (ec) The Landlord may determine in a reasonable and equitable manner the Charge applicable to the Leased Premises by allocating the Utilities for the Building amongst the several components and areas of the Building, including the Common Areas and Facilities, the Leasable Premises and other premises available for leasing which do not constitute part of the Leasable Premises. (d) If the suppliers of the Utilities require that the Tenant enter into contracts or arrangements with such suppliers in connection with such Utilities, the Tenant shall be responsible to enter into such contracts or other arrangements and to pay whatever deposits or other amounts that are payable under such contracts or other arrangements. (e) If there are separate meters (other than check meters) installed pursuant to Section 3.06(f) for any Utilities consumed in the Leased Premises, the Tenant will pay directly to the suppliers of such Utilities (without duplication), the charges therefor on the basis of the separate meters. (f) The Tenant shall pay for the cost of any metering which the Tenant requests the Landlord to install in the Leased Premises, or which the Landlord wishes to install in the Building, for the purpose of assisting in determining the consumption of any Utility in the Leased Premises. (g) In no event is the Landlord liable for, nor has the Landlord any obligation with respect to, an interruption or cessation of, or a failure in the supply of any such Utilities, services or systems in, to or serving the Building or the Leased Premises, whether or not supplied by the Landlord or others, others and whether or not the interruption or cessation is caused by any fault, default, negligence, act or omission of the Landlord's fault or not. (h) The Tenant shall pay for the Utilities allocated to (i) the Common Areas and Facilities pursuant to Section 3.04; and (ii) the Leased Premises pursuant to this Section 3.06.

Charges for Utilities. (a) The Tenant shall be solely responsible for and shall promptly pay to the Landlord, or as it otherwise directs, in the manner hereinafter provided as a charge with respect to the Premises (the "Charge") the aggregate, without duplication, of: (i) the total cost of water, fuel, power, telephone and other utilities (the "Utilities") used or consumed in or with respect to the Premises at rates not in excess of public utility rates for the same services if such utilities are provided by public utilities; and (ii) all costs reasonably incurred by the Landlord in determining or allocating the Charge or determining the Utilities including, without limitation, professional, engineering and consulting fees and an administration fee of fifteen per cent (15%) of the total cost hereinbefore set out in this Section 7.01(a). (b) The Landlord may determine in a reasonable and equitable manner the Charge applicable to the Premises by allocating the Utilities for the Building amongst the several components and areas of the Building, including the Common Facilities, the Leasable Premises, and as between the various different Leasable Premises in the Building, using as a basis, without limitation, (i) check meters installed in the Common Facilities, and individual Leasable Premises and other premises available for leasing which do not constitute part of the Leasable Premises; (ii) the relevant rates of demand and consumption of Utilities in the respective areas; and/or (iii) the connected load of the respective areas comprising the Common Facilities, and those individual Leasable Premises and such other leasable premises and other leasable premises for which there are no check or other meters. (c) Provided that notwithstanding the foregoing, the Landlord at its option may include the cost of all Utilities for the Building, including for Common Facilities, the Premises and all Leasable Premises and other premises available for leasing which do not constitute a part of the Leasable Premises which are not separately metered in the costs and expenses referred to in Section 6.02(a) and subject to what is otherwise herein provided, the Tenant shall pay its Proportionate Share thereof or other share thereof as provided in Section 6.02, in the manner and at the times as set forth in Section 6.03 hereof. (d) The Tenant agrees as follows: (i) If the Landlord elects, for the more efficient and proper operation of the Building, or is required by municipal by- by-law or the suppliers of the Utilities to purchase the Utilities or any of them for the Building, the Tenant shall purchase such Utilities and pay for such Utilities as Additional Rent forthwith on demand to the Landlord at rates not in excess of the rates charged by such suppliers for such Utilities, if applicable; (ii) If requested by the Landlord, the Tenant shall promptly install a separate check meter indicating demand and consumption of Utilities in the Premises at the Tenant's expense and in a location designated by the Landlord; (iii) If the Landlord elects, the Landlord shall be entitled to install, at the Tenant's expense, a separate check meter indicating demand and consumption of Utilities in the Premises, in a location designated by the Landlord. (e) If the suppliers of the Utilities require that the Tenant enter into contracts or arrangements with such suppliers in connection with such Utilities, the Tenant shall be responsible to enter into such contracts or other arrangements and to pay whatever deposits or other amounts that are payable under such contracts or other arrangements. (f) In no event is the Landlord liable for, nor has the Landlord any obligation with respect to, an interruption or cessation of, or a failure in the supply of any such Utilities, services or systems in, to or serving the Building or the Premises, whether or not supplied by the Landlord or others, and whether the interruption or cessation is caused by the Landlord's fault or not.

Charges for Utilities. (a) The Tenant shall will be solely responsible for and shall will promptly pay to the Landlord, or as it otherwise directs, in the manner hereinafter provided below, as a charge with respect to the Premises (the "Charge") with respect to the Leased Premises the aggregate, without duplication, of: of (i) the total cost of water, fuel, power, telephone and other supplying utilities (the "Utilities") such as for example, water, fuel, power and telephone used or consumed in or with respect of the Leased Premises, (ii) the cost of any charges levied or assessed in lieu of or in addition to the Premises at rates not in excess of public utility rates for Utilities as determined by the same services if such utilities Landlord, and (iii) to the extent that Utilities are provided by public utilities; and (ii) all the Landlord, the costs reasonably incurred by the Landlord in determining or allocating the Charge or determining the Utilities including, without limitationbut not limited to, professional, engineering and consulting fees and an administration fee of fifteen per cent (15%) % of the total cost hereinbefore set out costs mentioned in this Section 7.01(a). (b) The Landlord may determine in a reasonable and equitable manner the Charge applicable following conditions apply to the Premises by allocating the Utilities for the Building amongst the several components and areas of the Building, including the Common Facilities, the Leasable Premises, and as between the various different Leasable Premises in the Building, using as a basis, without limitation, (i) check meters installed in the Common Facilities, and individual Leasable Premises and other premises available for leasing which do not constitute part of the Leasable Premises; (ii) the relevant rates of demand and consumption of Utilities in the respective areas; and/or (iii) the connected load of the respective areas comprising the Common Facilities, and those individual Leasable Premises and such other leasable premises and other leasable premises for which there are no check or other meters. (c) Provided that notwithstanding the foregoing, the Landlord at its option may include the cost of all Utilities for the Building, including for Common Facilities, the Premises and all Leasable Premises and other premises available for leasing which do not constitute a part of the Leasable Premises which are not separately metered in the costs and expenses referred to in Section 6.02(a) and subject to what is otherwise herein provided, the Tenant shall pay its Proportionate Share thereof or other share thereof as provided in Section 6.02, in the manner and at the times as set forth in Section 6.03 hereof. (d) The Tenant agrees as followsCharge: (i) If the Tenant will enter into those contracts or other arrangements in connection with the Utilities which the landlord requests it to and will pay whatever deposits or other amounts are payable under those contracts or other arrangements. (ii) if the Landlord elects, for the more efficient and proper operation of the BuildingProject, or is required by municipal by- law authorities or the suppliers of the Utilities to purchase supply the Utilities or any of them for the BuildingProject, the Tenant shall will purchase such the Utilities from the Landlord and pay for such the Utilities as Additional Rent forthwith immediately on demand to by the Landlord at rates which do not in excess of exceed appropriate rates for the rates charged by such suppliers for such Utilities, if applicable; (iiiii) If requested the Tenant will pay to the Landlord, as Additional Rent, the Charge in monthly instalments in advance based on estimates by the Landlord and subject to adjustment by the Landlord within a reasonable time after the end of the period in respect of which the estimate has been made; (iv) if required by the Landlord, the Tenant shall promptly will install a its own separate check meter indicating demand and consumption of Utilities in for the Leased Premises at the Tenant's its own expense and in a location designated by the Landlord;, and (iiiv) If the Landlord electswill determine the charge applicable to the Leased Premises by allocating the Utilities for the Project among the several components of the Project, including the Landlord shall be entitled to installCommon Areas and Facilities, at and Leasable Premises, acting on the Tenant's expenseadvice of a qualified engineer using as a basis, a separate but not limited to, (1) check meter indicating meters installed in the Common Areas and Facilities and Leasable Premises, (2) the relevant rates of demand and consumption consumption, and (3) the connected loads of Utilities in the PremisesCommon Areas and Facilities, in a location designated by and the LandlordLeasable Premises for which there are no check meters. (ec) If the suppliers of the Utilities require that the Tenant enter into contracts or arrangements with such suppliers in connection with such Utilities, the Tenant shall be responsible to enter into such contracts or other arrangements and to pay whatever deposits or other amounts that are payable under such contracts or other arrangements. (f) In no event The Landlord is the Landlord not liable for, nor has the Landlord does it have any obligation with respect to, to an interruption or cessation of, of or a failure in the supply of any such Utilities, services or systems systems, in, to to, or serving the Building Project or the Leased Premises, whether or not supplied by the Landlord or others, and whether the interruption or cessation is caused by the Landlord's fault or not.