Common use of Utility Consumption Clause in Contracts

Utility Consumption. As part of the Improvements of the Work Letter attached hereto as Exhibit D, Landlord shall install an HVAC override timer with an hourly counter attachment on each floor of the Premises. Tenant's activating said override timer to obtain HVAC services after Normal Operating Hours (as set forth in the Rules and Regulations attached hereto as Exhibit E) will engage the Building's package, condensing and fan coil units. Each quarter, Landlord shall determine the operating hours that Tenant has obtained HVAC services in excess of the Building's Normal Operating Hours ("Excess Operating Hours"). The total number of Excess Operating Hours derived will be multiplied by an hourly excess operating hours usage rate (the" Hourly Excess Operating Hours Usage Rate") and such resulting amount will be billed by Landlord to Tenant quarterly and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days after receipt by Tenant of Landlord's invoice therefore. Such costs paid by Tenant for Excess Operating Hours shall not be included in Operating Expenses. Initially, the Hourly Excess Operating Hours Usage Rate shall be Thirty Dollars ($30.00) per Excess Operating Hour. The Hourly Excess Operating Hours Usage Rate may be increased annually by Landlord to reflect increases in costs resulting from such excess HVAC utilities usage, as well as the increased maintenance and repair costs and accelerated reduction of the useful life of the equipment associated with such Excess Operating Hours. Any dispute regarding determination of this actual after-hours costs shall be resolved by a mutually-acceptable, independent HVAC engineer.

Utility Consumption. As part of the Improvements of the Work Letter attached hereto as Exhibit D, Landlord shall install an HVAC override timer with an hourly counter attachment on each floor of the Premises. Tenant's ’s activating said override timer to obtain HVAC services after Normal Operating Hours (as set forth in the Rules and Regulations attached hereto as Exhibit E) will engage the Building's ’s package, condensing and fan coil units. Each quarter, Landlord shall determine the operating hours that Tenant has obtained HVAC services in excess of the Building's ’s Normal Operating Hours ("“Excess Operating Hours"”). The total number of Excess Operating Hours derived will be multiplied by an hourly excess operating hours usage rate (the" ” Hourly Excess Operating Hours Usage Rate"”) and such resulting amount will be billed by Landlord to Tenant quarterly and shall be paid by Tenant to Landlord as Additional Rent within thirty (30) days after receipt by Tenant of Landlord's ’s invoice therefore. Such costs paid by Tenant for Excess Operating Hours shall not be included in Operating Expenses. Initially, the Hourly Excess Operating Hours Usage Rate shall be Thirty Dollars ($30.00) per Excess Operating Hour. The Hourly Excess Operating Hours Usage Rate may be increased annually by Landlord to reflect increases in costs resulting from such excess HVAC utilities usage, as well as the increased maintenance and repair costs and accelerated reduction of the useful life of the equipment associated with such Excess Operating Hours. Any dispute regarding determination of this actual after-hours costs shall be resolved by a mutually-acceptable, independent HVAC engineer.