Common use of Submetering Clause in Contracts

Submetering. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided however, said charges shall e increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire building for the twelve (12) full months immediately prior to the rate and/or service change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of such taxes shall be passed on to and included in the bill of, and paid by, Tenant to Landlord.

Submetering. Landlord shall, at Tenant's sole cost and expense pursuant to Article 52, install and maintain a meter or meters (collectively, the "Submeter") at a location designated by Landlord to measure Tenant's consumption of electricity in the Demised Premises only. If and so long as electric current is supplied by Landlord provides electricity to the demised premises on a submetering basisDemised Premises or other Tenant controlled areas to service Tenant's equipment and the air conditioning units and other appurtenant equipment contained therein or elsewhere in the Building, Tenant covenants and agrees to purchase the same from will pay Landlord or Landlord's designated agent at chargesagent, terms as additional rent for such service, the amounts applying to Tenant's measured electrical demand and rates setconsumption (as determined by such Submeter) Landlord's Cost, plus a fee (the "Overhead Charge") equal to nine (9%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The amounts computed from the Submeter together with the Overhead Charge are herein collectively called the "Electricity Additional Rent". Landlord may from time to time, during increase the term of this lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided however, said charges shall e increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect Electricity Additional Rent based upon any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire building for the twelve (12) full months immediately prior to the rate and/or service change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected shall be applied to the service classification and rate in effect on January 1, 1970Cost. Where more than one meter measures the electric service to Tenant (including such electric energy as is consumed in connection with the operation of Tenant in the buildingventilation and air conditioning equipment servicing the Demised Premises), the electric service rendered through each meter may be computed and billed separately in accordance with the rates herein specifiedas above set forth. Bills therefore for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such times time as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rentelect. In the event that such bills Bills are not paid within five thirty (530) days after the same are rendered, Landlord may, without further noticeafter an additional thirty (30) days written notice and Tenant's failure to cure such default within such aggregate sixty (60) day period, discontinue the service of electric current to the demised premises Demised Premises without releasing Tenant from any liability under this lease Lease and without Landlord or Landlord's agent Electrical Providers incurring any liability for any damage or loss sustained by lessee by Tenant as the result of such discontinuance of servicediscontinuance. If any tax is imposed upon Landlord's receipt receipts from the sale, sale or resale or redistribution of electricity or gas or telephone service electric current to Tenant by any Federal, State, state or Municipal municipal authority, Tenant covenants and agrees that where permitted that, unless prohibited by law, Tenant's pro-rata share Percentage of such taxes shall be passed on to to, and included in the bill ▇▇▇▇ of, and paid by, by Tenant to LandlordLandlord as additional rent.

Submetering. (A) Subject to the provisions of this Section 5.3, Landlord shall measure Tenant’s demand for and consumption of electricity in the Premises using a submeter that is, or submeters that are, installed and maintained by Landlord. Landlord shall pay the cost of installing such submeter or submeters. If, at any time during the Term, Tenant performs Alterations that require modifications to the aforesaid submeter or submeters that Landlord installs, or that require a supplemental submeter or supplemental submeters, then Tenant shall perform such modification, or the installation of such supplemental submeter or submeters, at Tenant’s cost, as part of the applicable Alteration. (B) Tenant shall pay to Landlord, as additional rent, an amount (the “Electricity Additional Rent”) equal to one hundred seven (107%) percent of the sum of Landlord’s actual cost pursuant to the following formula: (1) the product obtained by multiplying (x) the Average Cost per Peak Demand Kilowatt, by (y) the number of kilowatts that constituted the peak demand for electricity in the Premises for the applicable billing period, as registered on the submeter or submeters for the Premises, and (2) the product obtained by multiplying (x) the Average Cost per Kilowatt Hour, by (y) the number of kilowatt hours of electricity used in the Premises for the applicable billing period, as registered on the submeter or submeters for the Premises. (C) Landlord shall give Tenant an invoice for the Electricity Additional Rent from time to time (but no less frequently than quarter-annually). Tenant shall pay the Electricity Additional Rent to Landlord on or prior to the twenty (20th) day after the date that Landlord gives to Tenant each such invoice. Tenant shall not have the right to object to Landlord’s calculation of the Electricity Additional Rent unless Tenant gives Landlord notice of any such objection on or prior to the sixtieth (60th) day after the date that Landlord gives Tenant the applicable invoice for the Electricity Additional Rent. If Tenant gives Landlord a notice objecting to Landlord’s calculation of the Electricity Additional Rent, as aforesaid, then Tenant shall have the right to review Landlord’s submeter readings and so long as Landlord’s calculation of the Electricity Additional Rent, at Landlord’s offices or, at Landlord’s option, at the offices of Landlord’s managing agent, in either case at reasonable times and on reasonable advance notice to Landlord. Either party shall have the right to submit a dispute regarding the Electricity Additional Rent to an Expedited Arbitration Proceeding. (D) If Landlord provides is required by any Requirement to discontinue furnishing electricity to the demised premises on a submetering basisPremises as contemplated hereby, then this Lease shall continue in full force and effect and shall be unaffected thereby, except that from and after the effective date of any such Requirement, (x) Landlord shall not be obligated to furnish electricity to the Premises, and (y) Tenant covenants and agrees shall not be obligated to purchase pay to Landlord the same from charges for electricity as described in this Article 5. (E) If Landlord or discontinues Landlord's designated agent at charges, terms and rates set, from time ’s furnishing electricity to time, during the term of this lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 Premises pursuant to which Landlord a Requirement, then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided however, said charges Tenant shall e increased in the same percentage as any percentage increase in the billing use Tenant’s diligent efforts to Landlord for obtain electricity for the entire buildingPremises directly from the Utility Company. Tenant shall pay directly to the Utility Company the cost of such electricity. Tenant shall have the right to use the electrical facilities that then exist in the Building to obtain such direct electric service (without Landlord having any liability or obligation to Tenant in connection therewith). Nothing contained in this Section 5.5 shall permit Tenant to use electrical capacity in the Building that exceeds the Base Electrical Capacity. Tenant, by reason of increase in Landlord's electric rates or service classificationsat Tenant’s expense, subsequent shall make any additional installations that are required for Tenant to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for obtain electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's the Utility Company. (F) Landlord shall not discontinue furnishing electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire building for the twelve (12) full months immediately prior to the rate and/or service change, or any changed methods of or rules on billing for same, applied on a consistent basis Premises as contemplated by this Section 5.5 (to the new rate and/or extent permitted by applicable Requirements) until Tenant obtains electric service classification or market price, and to the service classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt directly from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of such taxes shall be passed on to and included in the bill of, and paid by, Tenant to LandlordUtility Company.

Submetering. Landlord shall, at Landlord's sole expense, install a meter (as hereinafter defined) at a location designated by Landlord, connections from the riser servicing the Demised Premises to said meter and perform all other work necessary for the furnishing of electric current by Landlord in the manner provided for in this Paragraph A. If and so long as electric current is supplied by Landlord provides electricity to the demised premises on a submetering basisDemised Premises to service Tenant's office equipment and the air conditioning units therein contained, if any, Tenant covenants and agrees to purchase the same from will pay Landlord or Landlord's designated agent agent, as additional rent for such service, the amounts, (hereinafter collectively called the "Electricity Additional Rent"), as determined by a meter or submeter (the "Submeter") installed, by Landlord at chargesLandlord's cost, terms and for the purpose of measuring such consumption. The readings from the Submeter shall then be used to compute the Electricity Additional Rent. Such service shall be computed at the rates setat the beginning of the scale for any given bill ▇▇▇iod specified in the same service classification at which Landlord purchases electric current for the entire Building, plus a fee (the "Overhead Charge") equal to eight (8%) percent of such charge to Landlord, representing administrative/overhead costs to Landlord. The Overhead Charge shall be payable as Electricity Additional Rent as herein provided. Landlord, at its option, may from time to time, during increase the term of this lease by Landlord but not more than those specified Electricity Additional Rent based upon among other things, increases in the service classification in effect on January 1average cost per kilowatt hour and kilowatt demand to Landlord of purchasing electricity for the Building, 1970 pursuant to which Landlord then purchased electric current from and such other factors, such as, without limitation, fuel adjustment charges (as determined for each month of said period and not averaged), rate adjustment charges, sales tax, and or any other factors, used by the public utility corporation serving the part company in computing its charges to Landlord; as applied to kilowatts of the city where the building is located; provided however, said charges shall e increased in the same percentage as any percentage increase in the billing demand purchased by Landlord during a given period. The periods to Landlord for electricity be used for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, aforesaid computation shall be computed by the application of the average consumption (energy bill ▇▇▇iods ending in February and demand) of electricity for the entire building for the twelve (12) full months August immediately prior to the rate and/or service preceding such change, or any changed methods of such other period or rules on billing for sameperiods as Landlord, applied on a consistent basis in its sole discretion, may from time to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected shall be applied to the service classification and rate in effect on January 1, 1970time elect. Where more than one meter measures the electric service of Tenant in the buildingto Tenant, the electric service rendered through each meter may be computed and billed separately in accordance with the rates herein specifiedabove set forth. Bills therefore for the Electricity Additional Rent (the "Bills") shall be rendered to Tenant at such times time as Landlord may elect and the amount, as computed from a the meter, together with the Overhead Charge, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of such taxes shall be passed on to and included in the bill of, and paid by, Tenant to LandlordElectricity Additional Rent.

Submetering. If and so long as Landlord provides electricity (A) Subject to the demised premises on provisions of this Section 5.4, if Landlord exercises the Submeter Conversion Right, then Landlord shall measure Tenant’s demand for and consumption of electricity in the Premises using a submetering basissubmeter that is, or submeters that are, installed and maintained by Landlord. Landlord shall pay the cost of installing such submeter or submeters. If, at any time during the Term, Tenant covenants and agrees performs Alterations that require modifications to purchase the same from aforesaid submeter or submeters that Landlord installs, or that require a supplemental submeter or supplemental submeters, then Tenant shall perform such modification, or the installation of such supplemental submeter or submeters, at Tenant’s cost, as part of the applicable Alteration. (B) If Landlord exercises the Submeter Conversion Right, then Tenant shall pay to Landlord's designated agent at charges, terms and rates setas additional rent, an amount (the “Electricity Additional Rent”) equal to one hundred four percent (104%) of the sum of: (1) the product obtained by multiplying (x) the Average Cost per Peak Demand Kilowatt, by (y) the number of kilowatts that constituted the peak demand for electricity in the Premises for the applicable billing period, as registered on the submeter or submeters for the Premises, and` (2) the product obtained by multiplying (x) the Average Cost per Kilowatt Hour, by (y) the number of kilowatt hours of electricity used in the Premises for the applicable billing period, as registered on the submeter or submeters for the Premises. (C) Landlord shall give Tenant an invoice for the Electricity Additional Rent from time to time, during time (but no less frequently than quarter-annually). Tenant shall pay the term of this lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided however, said charges shall e increased in the same percentage as any percentage increase in the billing Electricity Additional Rent to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates on or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire building for the twelve (12) full months immediately prior to the rate and/or service change, thirtieth (30th) day after the date that Landlord gives to Tenant each such invoice. Tenant shall not have the right to object to Landlord’s calculation of the Electricity Additional Rent unless Tenant gives Landlord notice of any such objection on or any changed methods of or rules on billing for same, applied on a consistent basis prior to the new rate and/or service classification or market price, and to ninetieth (90th) day after the service classification and rate in effect on January 1, 1970date that Landlord gives Tenant the applicable invoice for the Electricity Additional Rent. If Tenant gives Landlord a notice objecting to Landlord’s calculation of the average consumption of electricity for the entire building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billingElectricity Additional Rent, as aforesaid, then Tenant shall have the percentage shall be computed by the use right to review Landlord’s submeter readings and Landlord’s calculation of the average consumption (energy Electricity Additional Rent, at Landlord’s offices or, at Landlord’s option, at the offices of Landlord’s managing agent, in either case at reasonable times and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of such taxes shall be passed on to and included in the bill of, and paid by, Tenant reasonable advance notice to Landlord. Either party shall have the right to submit a dispute regarding the Electricity Additional Rent to an Expedited Arbitration Proceeding.

Submetering. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; , provided however, said charges shall e be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, charge including changes in market prices for electricity from utilities and/or other providers, in fuel adjustmentsadjustment, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for by any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire building for the twelve (12) full months immediately prior to the rate and/or service classification change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; , and that same consumption, so projected projected, shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of such taxes shall be passed on to and included in the bill ▇▇▇▇ of, and paid by, Tenant to Landlord.

Submetering. If (i) Landlord may supply electricity to service the Demised Premises on a submetered basis, and so long Tenant in such event shall pay to Landlord, as additional rent, the sum of (y) an amount determined by applying the Electric Rate or, at Landlord's election, the Cost per Kilowatt Hour and Cost per Kilowatt, to Tenant's consumption of and demand for electricity within the Demised Premises as recorded on the submeter or submeters servicing the Demised Premises, and (z) Landlord's administrative charge of 12% of the amount referred to in clause (y) above, if and to the extent same is permitted by laws and requirements of public authorities (such combined sum being hereinafter called "Submeter Electric Rent"). Except as set forth in the foregoing clause (z), Landlord provides will not charge Tenant more than the Electric Rate or, at Landlord's election, the Cost per ▇▇▇▇▇▇▇▇ and Cost per Kilowatt Hour for the electricity provided pursuant to this paragraph. If, pursuant to paragraph (a) hereof, Landlord shall have elected to supply electricity to the demised premises on a submetering basisDemised Premises in accordance with this paragraph, Tenant covenants and the fixed rent shall be decreased by the Electric Rent. At Landlord's request, ▇▇▇▇▇▇ agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of execute a supplementary agreement modifying this lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided however, said charges shall e increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire building for the twelve (12) full months immediately prior to the rate and/or service change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; and that same consumption, so projected shall be applied to changes in the service classification and rate in effect on January 1, 1970. fixed rent resulting from such election. (ii) Where more than one meter submeter measures the electric service of Tenant in the buildingto Tenant, the electric service rendered through each meter may submeter shall be computed and billed separately in accordance with the rates herein specified. Bills therefore provisions hereinabove set forth. (iii) Tenant shall be rendered at such times as Landlord may elect pay to Landlord, on account of the Submeter Electric Rent payable pursuant to this Section 21.03, the annual sum of $1.50 per square foot of Rentable Area ("Estimated Submeter Electric Rent"), subject to the adjustments on the first day of each and every calendar month of the amountterm (except that if the first day of the term is other than the first day of a calendar month, as computed from a meterthe first monthly installment, prorated to the end of said calendar month, shall be deemed payable on the first day of the first full calendar month). (iv) From time to betime during the term, and the Estimated Submeter Electric Rent may be paid as, additional rent. In adjusted by Landlord on the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service basis of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or either Landlord's agent incurring any liability for any damage or loss sustained by lessee by such discontinuance reasonable estimate of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share electric consumption and demand (if at any time the submeter(s) servicing the Demised Premises are inoperative) or Tenant's actual consumption of such taxes shall be passed and demand for electricity as recorded on to the submeter(s) servicing the Demised Premises, and, in either event, the Electric Rate or Cost per Kilowatt and included Cost per Kilowatt Hour then in the bill of, and paid by, Tenant to Landlordeffect.

Submetering. If and so long as Landlord provides electricity to the demised premises on a submetering basis, Tenant covenants and agrees to purchase the same from Landlord or Landlord's designated agent at charges, terms and rates set, from time to time, during the term of this lease by Landlord but not more than those specified in the service classification in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving the part of the city where the building is located; provided however, said charges shall e be increased in the same percentage as any percentage increase in the billing to Landlord for electricity for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire building for the twelve (12) full months immediately prior to the rate and/or service classification change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate in effect on January 1, 1970. If the average consumption of electricity for the entire building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods of or rules on billing, then the percentage shall be computed by the use of the average consumption (energy and demand) for the entire building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; , and that same consumption, so projected projected, shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (5) days after the same are rendered, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by lessee by such discontinuance of service. If any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of electricity or gas or telephone service to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of such taxes shall be passed on to and included in the bill of, ▇▇▇▇ of and paid by, Tenant to Landlord.

Submetering. If and so long as Using the method of supplying electricity described in this SUBSECTION 49.2.1, Landlord provides shall furnish electricity to the demised premises on a submetering basis, submetered basis and Tenant covenants and agrees to purchase the same from Landlord or Landlord, Landlord's designated agent agent, or an Alternate Supplier, at charges, terms and rates set, from time to time, during the term of this lease by Landlord but Landlord, which shall not more be higher than either (i) those specified in the service classification then in effect on January 1, 1970 pursuant to which Landlord then purchased electric current from the public utility corporation serving Utility, together with a surcharge in the part amount of ten (10%) percent of such charges in order to reimburse Landlord for its administrative expenses in connection with such submetering, or (ii) if Landlord uses an Alternate Supplier, the city where per kilowatt hour rate and other charges pursuant to which Landlord purchases electricity from the building is located; provided howeverAlternate Supplier, said together with a surcharge in the amount of ten (10%) percent of such charges in order to reimburse Landlord for its administrative expenses in connection with such submetering. In either event, such charges shall e be increased in the same percentage as any percentage increase in the billing to Landlord for electricity electricity, for the entire buildingBuilding, by reason of increase in Landlord's electric rates rates, charges, fuel adjustment or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed on Landlord's electricity purchases or redistributionthereon, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application of the average consumption (energy and demand) of electricity for the entire building Building for the twelve (12) full months immediately prior to the rate and/or service change, other change, or any changed methods of or rules on billing for same, applied on a consistent basis to the new rate and/or service classification or market price, and to the service classification and rate then in effect on January 1, 1970effect. If the average consumption of electricity for the entire building Building for said such prior twelve (12) months cannot reasonably be applied to and used with respect to changed methods of or rules on billing, then the percentage increase shall be computed by the use of the average consumption (energy and demand) for the entire building Building for the first three (3) months after such change, projected to a full twelve (12) months, so as to reflect the different seasons; months and that same consumption, so projected projected, shall be applied to the service classification and rate then in effect on January 1or the rate charged by the Alternate Supplier, 1970if any. Where more than one meter measures the service of Tenant in the buildingBuilding, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specifiedprovisions hereof. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that If such bills are not paid within five ten (510) days after the same are rendereddays, Landlord may, without further notice, discontinue the service of electric current to the demised premises without releasing Tenant from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by lessee Tenant by such discontinuance of service; provided, however, that if Landlord shall discontinue furnishing electric service to the demised premises pursuant to this sentence and Tenant shall pay to Landlord such delinquent amounts, then, unless Landlord shall have terminated this lease, Landlord shall resume providing such electrical service to the demised premises. If at any tax is imposed upon Landlord's receipt from the sale, resale or redistribution of time any submeter(s) which measure electricity or gas or telephone service to be paid by Tenant by any Federal, Statehereunder shall not be properly functioning, or Municipal authorityshall not yet have been installed, then for such period Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share of shall pay for such taxes shall be passed electricity service on to and included a rent inclusion basis as provided in the bill of, and paid by, Tenant to LandlordSUBSECTION 49.2.2.

Submetering. If and so long as Landlord provides electricity (A) Subject to the demised premises on provisions of this Section 5.3, Landlord shall measure Tenant’s demand for and consumption of electricity in the Premises using a submetering basissubmeter that is, or submeters that are, installed and maintained by Landlord. Landlord shall pay the cost of installing such submeter or submeters. If, at any time during the Term, Tenant covenants and agrees performs Alterations that require modifications to purchase the same from aforesaid submeter or submeters that Landlord installs, or that require a supplemental submeter or supplemental submeters, then Tenant shall perform such modification, or the installation of such supplemental submeter or submeters, at Tenant’s cost, as part of the applicable Alteration. (B) Tenant shall pay to Landlord's designated agent at charges, terms and rates setas additional rent, an amount (the “Electricity Additional Rent”) equal to one hundred five percent (105%) of the sum of: (1) the product obtained by multiplying (x) the Average Cost per Peak Demand Kilowatt, by (y) the number of kilowatts that constituted the peak demand for electricity in the Premises for the applicable billing period, as registered on the submeter or submeters for the Premises, and (2) the product obtained by multiplying (x) the Average Cost per Kilowatt Hour, by (y) the number of kilowatt hours of electricity used in the Premises for the applicable billing period, as registered on the submeter or submeters for the Premises. (C) Subject to Section 5.3(D) hereof, Landlord shall give Tenant an invoice for the Electricity Additional Rent from time to timetime (but no less frequently than quarter annually). Tenant shall pay the Electricity Additional Rent to Landlord on or prior to the thirtieth (30th) day after the date that Landlord gives to Tenant each such invoice. Tenant shall not have the right to object to Landlord’s calculation of the Electricity Additional Rent unless Tenant gives Landlord notice of any such objection on or prior to the ninetieth (90th) day after the date that Landlord gives Tenant the applicable invoice for the Electricity Additional Rent. If Tenant gives Landlord a notice objecting to Landlord’s calculation of the Electricity Additional Rent, during as aforesaid, then Tenant shall have the term right to review Landlord’s submeter readings and Landlord’s calculation of this lease by the Electricity Additional Rent, at Landlord’s offices or, at Landlord’s option, at the offices of Landlord’s managing agent, in either case at reasonable times and on reasonable advance notice to Landlord. Either party shall have the right to submit a dispute regarding the Electricity Additional Rent to an Expedited Arbitration Proceeding. (D) Landlord but not more than those specified in shall have the service classification in effect on January 1, 1970 right to give a statement to Tenant from time to time pursuant to which Landlord then purchased electric current from the public utility corporation serving the part sets forth Landlord’s good faith estimate of the city where Electricity Additional Rent for a particular calendar year (any such statement that Landlord gives to Tenant being referred to herein as a “Prospective Electricity Statement”; one-twelfth (1/12th) of the building Electricity Additional Rent shown on a Prospective Electricity Statement being referred to herein as the “Monthly Electricity Payment Amount”). If Landlord gives to Tenant a Prospective Electricity Statement (or Landlord is located; provided howeverdeemed to have given to Tenant a Prospective Electricity Statement pursuant to Section 5.3(E) hereof), said charges then Tenant shall e increased pay to Landlord, as additional rent, on account of the Electricity Additional Rent due hereunder for such calendar year, the Monthly Electricity Payment Amount, on the first (1st) day of each subsequent calendar month for the remainder of such calendar year, in the same percentage manner as any percentage increase in the billing monthly installments of the Fixed Rent hereunder (it being understood that Tenant shall not be required to commence such payments of the Monthly Electricity Payment Amount (x) before the first (1st) day of the calendar year to which relates the applicable Monthly Electricity Payment Amount, or (y) earlier than the thirtieth (30th) day after the date that Landlord gives the Prospective Electricity Statement to Tenant). If Landlord gives (or is deemed to have given) to Tenant a Prospective Electricity Statement after the first (1st) day of the applicable calendar year, then Tenant shall also pay to Landlord, within thirty (30) days after the date that Landlord gives the Prospective Electricity Statement to Tenant, an amount equal to the excess of (I) the product obtained by multiplying (x) the Monthly Electricity Payment Amount, by (y) the number of calendar months that have theretofore elapsed during such calendar year, over (II) the aggregate amount theretofore paid by Tenant to Landlord on account of the Electricity Additional Rent for electricity such calendar year. If Landlord gives (or is deemed to have given) to Tenant a Prospective Electricity Statement for a particular calendar year, then Landlord shall also provide to Tenant, within one hundred eighty (180) days after the last day of such calendar year, an invoice for the entire building, by reason of increase in Landlord's electric rates or service classifications, subsequent to January 1, 1970, and so as to reflect any increase in Landlord's electric charges, including changes in market prices Electricity Additional Rent for electricity from utilities and/or other providers, in fuel adjustments, or by taxes or charges of any kind imposed such calendar year based on Landlord's electricity purchases or redistribution, or for any other such reason, subsequent to said date. Any such percentage increase in Landlord's billing for electricity due to changes in rates, service classifications, or market prices, shall be computed by the application an actual reading of the average consumption submeter or submeters (energy and demandsuch invoice that is based on an actual reading of the submeter or submeters being referred to herein as an “Actual Reading Statement”). (E) Tenant shall pay to Landlord an amount equal to the excess (if any) of electricity for (i) the entire building for Electricity Additional Rent as reflected on the twelve Actual Reading Statement that Landlord gives to Tenant, over (12ii) full months immediately the aggregate amount that Tenant has theretofore paid to Landlord on account of the Electricity Additional Rent (if any), within thirty (30) days after the date that Landlord gives such Actual Reading Statement to Tenant. Tenant shall have the right to credit against the Rental thereafter coming due hereunder an amount equal to the excess (if any) of (i) the aggregate amount that Tenant has theretofore paid to Landlord on account of the Electricity Additional Rent, over (ii) the Electricity Additional Rent as reflected on such Actual Reading Statement; provided, however, that if the Expiration Date occurs prior to the rate and/or service changedate that such credit is exhausted, then Landlord shall pay to Tenant the unused portion of such credit on or prior to the thirtieth (30th) day after the Expiration Date (it being understood that Landlord’s obligation to make such payment to Tenant shall survive the Expiration Date). If Landlord gives Tenant an Actual Reading Statement, then, unless Landlord otherwise specifies in such Actual Reading Statement, Landlord shall be deemed to have given to Tenant a Prospective Electricity Statement, for the calendar year immediately succeeding the calendar year that is covered by such Actual Reading Statement, that reflects Electricity Additional Rent for such immediately succeeding calendar year in an amount equal to the Electricity Additional Rent for such calendar year that is covered by such Actual Reading Statement. (F) If a submeter measuring Tenant’s electrical demand and consumption in the Premises has not been installed in the Premises, or any changed methods of the submeters measuring Tenant’s electrical demand and consumption in the Premises have not been installed in the Premises, in either case on or rules on billing for same, applied on a consistent basis prior to the new rate and/or service classification date hereof, then (x) Landlord shall order such submeter or market pricesuch submeters promptly after the date hereof, and (y) Landlord shall install such submeter or such submeters promptly after the Commencement Date. Landlord and Tenant shall cooperate with each other in good faith to coordinate the installation of such submeter or such submeters with Landlord’s performance of the Landlord’s Work. Landlord, in installing such submeter or such submeters, shall have the right to interrupt electrical service to the service classification Premises temporarily and rate in effect on January 1accordance with good construction practice. (G) Subject to the terms of this Section 5.3(G), 1970. If if, prior to Landlord’s installing a submeter or submeters in the average consumption Premises, Tenant occupies all or any portion of electricity the Premises for the entire building for said prior twelve (12) months cannot reasonably be applied and used with respect to changed methods conduct of or rules on billingbusiness, then Tenant shall pay to Landlord, as additional rent, a fee for electricity service in an amount equal to the percentage shall be computed product obtained by multiplying (I) $0.0041, by (II) the use number of square feet of Rentable Area in the average consumption Premises (energy and demandor the portion thereof that Tenant is occupying for the conduct of business), by (III) the number of days in the period commencing on the date that Tenant occupies the Premises (or the applicable portion thereof) for the entire building conduct of business and ending on the date immediately preceding the date that the submeter for the first Premises or the applicable portion thereof is operational or that the submeters for the Premises or the applicable portion thereof are operational (such fee being referred to herein as the “Electricity Inclusion Charge”). Landlord shall give Tenant an invoice for the Electricity Inclusion Charge from time to time (but not less frequently than monthly). Tenant shall pay the Electricity Inclusion Charge to Landlord on or prior to the thirtieth (30th) day after the date that Landlord gives each such invoice to Tenant. If (I) the monthly amount that Tenant would have paid to Landlord as the Electricity Additional Rent for the period that Tenant occupies the Premises or the applicable portion thereof for the conduct of business prior to the date that the submeter is, or the submeters are, operational (as determined using the average monthly submeter readings for the period of three (3) months after the date that the submeter is, or the submeters are, operational), exceeds (II) the Electricity Inclusion Charge for any particular period of one (1) month, then Tenant shall pay to Landlord an amount equal to such change, projected to a full twelve excess for each such month within thirty (12) months, so as to reflect the different seasons; and that same consumption, so projected shall be applied to the service classification and rate in effect on January 1, 1970. Where more than one meter measures the service of Tenant in the building, the service rendered through each meter may be computed and billed separately in accordance with the rates herein specified. Bills therefore shall be rendered at such times as Landlord may elect and the amount, as computed from a meter, shall be deemed to be, and be paid as, additional rent. In the event that such bills are not paid within five (530) days after Landlord gives to Tenant an invoice therefor. If (I) the same are renderedElectricity Inclusion Charge for any particular period of one (1) month, exceeds (II) the monthly amount that Tenant would have paid to Landlord may, without further notice, discontinue as the service Electricity Additional Rent for the period that Tenant occupies the Premises or the applicable portion thereof for the conduct of electric current business prior to the demised premises without releasing date that the submeter is, or the submeters are, operational (as determined using the average monthly submeter readings for the period of three (3) months after the date that the submeter is, or the submeters are, operational), then Landlord, at Landlord’s option, shall either (x) refund promptly to Tenant an amount equal to such excess for each such month, or (y) credit such excess for each such month against the monthly installments of Rental next becoming due and payable hereunder (together with interest on such excess calculated at the Base Rate from any liability under this lease and without Landlord or Landlord's agent incurring any liability for any damage or loss sustained by lessee by the date that Tenant is entitled to such discontinuance of servicecredit). If any tax Landlord gives Tenant such credit for such excess, and the Expiration Date occurs before the date that such credit is imposed upon Landlord's receipt from the saleexhausted, resale or redistribution of electricity or gas or telephone service then Landlord shall pay to Tenant by any Federal, State, or Municipal authority, Tenant covenants and agrees that where permitted by law, Tenant's pro-rata share the unused portion of such taxes credit on or prior to the thirtieth (30th) day after the Expiration Date (and Landlord’s obligation to make such payment shall be passed on to and included in survive the bill of, and paid by, Tenant to LandlordExpiration Date).