Common use of Separate Meters Clause in Contracts

Separate Meters. As part of Tenant’s Work, by no later than the thirtieth (30th) day following the Commencement Date, Tenant shall cause the Premises to be separately metered for lights, plugs and power and the electricity to power the VAV boxes in the Premises, and Tenant shall pay a monthly electricity charge to the applicable electricity provider, based on Tenant’s separately metered use and consumption of such electricity in the Premises. If a direct metering arrangement is not reasonably feasible, then Tenant shall install a so-called submeter for electricity and Tenant shall pay a monthly electricity charge to Landlord, as Additional Rent, based on usage as indicated by such submeter and calculated at Landlord’s actual rate(s) for such electricity (without add-on or ▇▇▇▇-up). If the Premises are separately metered for any other utility, Tenant shall pay a utility charge directly to the utility company (or, if such arrangement is not reasonably feasible, to Landlord, as Additional Rent) based upon Tenant’s actual consumption as measured by the meter. Landlord also reserves the right (at its expense) to install separate meters for the Premises to register the usage of all or any one of the utilities, and, in such event, Landlord shall pay the cost of installation and Tenant shall pay for the cost of utility usage as metered to the Premises. As to the separate metering of any service or utility, the cost of which was previously included in the Monthly Base Rent and/or Base Year for Operating Expenses or Taxes, there shall be a reasonable and equitable adjustment to Monthly Base Rent and Operating Expenses (for the Base Year and each subsequent year) following such separate metering to reflect that Tenant will thereafter be paying the cost of such service or utility directly. The term “utility” for purposes hereof may refer to but is not limited to gas, water, sewer, steam, fire protection system, telephone or other communication or alarm service, as well as HVAC, and all taxes or other charges thereon.

Appears in 1 contract

Sources: Office Lease (Keryx Biopharmaceuticals Inc)

Separate Meters. As part of Tenant’s Work, by no later than the thirtieth (30th) day following the Commencement Date, Tenant shall cause the Premises to be separately metered for lightselectricity, plugs and power and the electricity to power the VAV boxes in the Premiseson a permanent basis, and and, following such separate metering, Tenant shall pay a monthly electricity charge charges directly to the applicable electricity provider, provider based on upon Tenant’s separately metered consumption of electricity. From and after the later to occur of (i) the Commencement Date or (ii) the date on which Tenant actually takes sole and exclusive possession and control of the Premises from Landlord (the parties hereby acknowledging that Tenant shall have the exclusive right to use and consumption of such electricity in control physical access to the Premises. If a direct metering arrangement is not reasonably feasible, then Tenant shall install a so-called submeter for electricity subject to the rights and Tenant shall pay a monthly electricity charge to Landlordobligations of Landlord as set forth in this Lease, as Additional Rentof the Commencement Date), based on usage and continuing until such time as indicated by such submeter and calculated at Landlord’s actual rate(s) for such electricity (without add-on or ▇▇▇▇-up). If the Premises are separately metered for any other utilityelectricity as provided above, Tenant shall pay be responsible for the costs of all electricity consumed in the Premises, which costs shall constitute Additional Rent hereunder and shall be billed to Tenant on a utility charge directly to the utility company regular basis by Landlord (or, if such arrangement is not reasonably feasibleapplicable, to Landlord, as Additional Rent) based upon Tenant’s actual consumption as measured by the meterapplicable electricity provider). Landlord also reserves the right (at its expense) to install separate meters for the Premises to register the usage of all or any one of the such other utilities, and, in such event, Landlord shall pay the cost of installation and Tenant shall pay for the cost of utility usage as metered to the Premises and which is in excess of the usage contemplated by ▇▇▇▇. The cost of installing, maintaining and repairs the separate meters contemplated hereby shall be borne by Landlord, unless Tenant actual usage exceeds the usage contemplated by ▇▇▇▇ by more than ten percent (10%). Notwithstanding anything contained herein to the contrary, Tenant, at its sole cost and expense, shall be permitted to meter, monitor and control all utilities, facilities and systems serving the Premises beyond Landlord’s base Building equipment, facilities and connections. Specifically excluded from this right of metering, monitoring and control shall be the restroom facilities (including, without limitation, the related plumbing facilities serving same) located on the floors of the Premises. As In addition to the separate metering of any service or utilityforegoing, the Tenant, at its sole cost of which was previously included in the Monthly Base Rent and/or Base Year for Operating Expenses or Taxesand expense, there shall be a reasonable permitted to monitor total Building electrical and equitable adjustment [***] water usage via check meters installed at the Building’s service entry points, subject to Monthly Base Rent Landlord’s approval of the specifications and Operating Expenses (for the Base Year and each subsequent year) following such separate metering to reflect that Tenant will thereafter be paying the cost locations of such service check meters (which approval shall not be unreasonably withheld, conditioned or utility directlydelayed). The term “utility” for purposes hereof may refer to but is not limited to gasAny meters, water, sewer, steam, fire protection system, telephone monitors or other communication or alarm service, as well as HVACcontrols under this Article 7.E. shall be installed and maintained at Tenant’s sole risk, and all taxes Landlord does not warrant the validity or other charges thereonaccuracy of the information conveyed by such meters, monitors and controls.

Appears in 1 contract

Sources: Office Lease (Enernoc Inc)