Common use of Provision of Utility Services Clause in Contracts

Provision of Utility Services. (a) Landlord shall, at Landlord’s sole cost and expense, install or shall cause to be installed the following utility services potable water (and fire suppression), electricity, storm water management and sanitary sewer (collectively, the “Utility Services”), in commercially reasonable capacities for Urban’s Use (as defined in the Acquisition Agreement) in accordance with the Acquisition Agreement. (b) Landlord shall, at Landlord’s sole cost and expense, be responsible for maintenance and repair (or replacement, as determined by Landlord in its sole discretion) of the PAID Utility Facilities required to deliver the Utility Services up to the Utility Demarcation Point for each Utility Service. The “Utility Demarcation Point” shall be: (i) with respect to electricity, at the primary side of the transformer at Building 543 (Parcel 5H on the Urban Subdivision Plan) and at the primary side of the transformer located north of Buildings 7, 12 and 15 or at the primary side of an individual transformer serving the Leased Premises; (ii) with respect to water, at the water main; and (iii) with respect to sanitary sewer, at the sewer main. Landlord, at Landlord’s sole cost and expense, shall repair (or replace, as determined by Landlord in its sole discretion) a Utility Service in order for Landlord to provide the Utility Services to the Utility Demarcation Point as aforesaid.

Provision of Utility Services. (a) Landlord shall, at Landlord’s sole cost and expense, install or shall cause to be installed the following utility services potable water (and fire suppression), electricity, storm water management and sanitary sewer (collectively, the “Utility Services”), in commercially reasonable capacities for Urban’s Use (as defined in the Acquisition Agreement) in accordance with the Acquisition Agreement. (b) Landlord shall, at Landlord’s sole cost and expense, be responsible for maintenance and repair (or replacement, as determined by Landlord in its sole discretion) of the PAID Utility Facilities (as such term is defined in the REA) required to deliver the Utility Services up to the Utility Demarcation Point for each Utility Service. The “Utility Demarcation Point” shall be: (i) with respect to electricity, at the primary side of the transformer at Building 543 (Parcel 5H on the Urban Subdivision Plan) and at the primary side of the transformer located north of Buildings 7, 12 and 15 or at the primary side of an individual transformer serving the Leased Premises; (ii) with respect to water, at the water main; and (iii) with respect to sanitary sewer, at the sewer main. Landlord, at Landlord’s sole cost and expense, shall repair (or replace, as determined by Landlord in its sole discretion) a Utility Service in order for Landlord to provide the Utility Services to the Utility Demarcation Point as aforesaid.