Common use of Utilities and Other Charges Clause in Contracts

Utilities and Other Charges. Lessee agrees to pay all charges for gas, electricity, heat or any other utility or service supplied to the Premises (except water for drinking and lavatory purposes). Lessor agrees to have all utilities supplied to the Premises, including utilities for the dedicated HVAC system serving the Premises, measured on separate meters registering consumption of utilities by the Premises. Lessor shall arrange and pay for all utility hook-up and connection charges to the Building. Lessee agrees that Lessor shall not be responsible for the failure of supply to Lessee of any utility or service, unless such failure results from the gross negligence or willful misconduct of Lessor in which event Lessor’s sole liability shall be to grant a rent abatement for those days Lessee is unable to utilize the Premises by reason thereof. Lessee agrees to cause all utility meters registered only consumption by the Premises to be placed in Lessee’s name as of the earlier of (a) the Commencement Date, or (B) the date that Lessee shall take occupancy of the Premises (or any portion thereof) for the purpose of making same ready for Lessee’s occupancy. Lessee’s obligation to pay for utility charges related to the Premises shall include the requirement that Lessee reimburse Lessor for Lessee’s share of the utility costs incurred in connection with Lessee’s use of the HVAC central building condenser which supplies the dedicated air handlers for the Premises. Lessee’s share of the aforesaid utility costs shall be measured by a sub-meter installed by Lessor which shall separately measure Lessee’s consumption of utilities related to the operation of the HVAC central building condenser.