TO LANDLORD, AS
ADDITIONAL RENT, THE SUM OF (Y) AN AMOUNT DETERMINED BY APPLYING THE ELECTRIC
RATE CHARGED BY THE UTILITY FOR SUCH SPACE TO TENANT'S CONSUMPTION OF AND DEMAND
FOR ELECTRICITY WITHIN SUCH SPACE AS RECORDED ON THE SUBMETER OR SUBMETERS
SERVICING SUCH SPACE AND (Z) LANDLORD'S ADMINISTRATIVE AND LINE LOSS CHARGE OF
5% OF THE AMOUNT REFERRED TO IN (Y) ABOVE, (SUCH COMBINED SUM BEING HEREINAFTER
CALLED "SUBMETER ELECTRIC RENT").
EXCEPT AS SET FORTH IN THE FOREGOING CLAUSE
(Z), LANDLORD WILL NOT CHARGE TENANT MORE THAN THE ELECTRIC RATE FOR THE
ELECTRICITY PROVIDED PURSUANT TO THIS PARAGRAPH.
WHERE MORE THAN ONE SUBMETER
MEASURES THE ELECTRIC SERVICE TO TENANT, THE ELECTRIC SERVICE RENDERED THROUGH
EACH SUBMETER SHALL BE COMPUTED AND BILLED SEPARATELY IN ACCORDANCE WITH THE
PROVISIONS SET FORTH HEREIN, PROVIDED THAT TENANT MAY, AT ITS EXPENSE, INSTALL A
TOTALIZING METER IN SUCH SPACE, AGGREGATING TOTAL ELECTRIC CONSUMPTION SO LONG
AS, IN NO EVENT, SHALL TENANT PAY LANDLORD FOR ELECTRICITY AN AMOUNT WHICH IS
LESS THAN LANDLORD'S COST FOR SUCH ELECTRICITY AS SET FORTH IN CLAUSE
(Y) ABOVE.
SUCH TOTALIZING METER SHALL BE MAINTAINED BY TENANT, AT TENANT'S
EXPENSE.
PRIOR TO THE INSTALLATION AND THE FIRST READING OF THE SUBMETER OR
SUBMETERS REFERRED TO ABOVE, TENANT SHALL PAY TO LANDLORD, ON ACCOUNT OF THE
SUBMETER ELECTRIC RENT PAYABLE PURSUANT TO THIS PARAGRAPH, THE ANNUAL SUM OF
$1.56 PER SQUARE FOOT OF RENTABLE AREA OF SUCH SPACE ("ESTIMATED SUBMETER
ELECTRIC RENT"), SUBJECT TO THE ADJUSTMENTS ON THE FIRST DAY OF EACH AND EVERY
CALENDAR MONTH OF THE TERM (EXCEPT THAT IF THE FIRST DAY OF THE TERM IS OTHER
THAN THE FIRST DAY OF A CALENDAR MONTH, THE FIRST MONTHLY INSTALLMENT, PRORATED
TO THE END OF SAID CALENDAR MONTH, SHALL BE PAYABLE ON THE FIRST DAY OF THE
FIRST FULL CALENDAR MONTH).
FROM TIME TO TIME DURING THE TERM, THE ESTIMATED
SUBMETER ELECTRIC RENT MAY BE ADJUSTED BY LANDLORD ON THE BASIS OF EITHER
LANDLORD'S REASONABLE ESTIMATE OF TENANT'S ELECTRIC CONSUMPTION AND DEMAND (IF
AT ANY TIME THE SUBMETER(S) SERVICING SUCH SPACE ARE INOPERATIVE) OR TENANT'S
ACTUAL CONSUMPTION OF AND DEMAND FOR ELECTRICITY AS RECORDED ON THE
SUBMETER(S) SERVICING SUCH SPACE, AND, IN EITHER EVENT, BASED ON THE ELECTRIC
RATE THEN IN EFFECT.
SUBSEQUENT TO THE END OF EACH CALENDAR YEAR DURING THE
TERM OF THIS LEASE, OR MORE FREQUENTLY IF LANDLORD SHALL ELECT, LANDLORD SHALL
SUBMIT TO TENANT A STATEMENT OF THE ELECTRIC SUBMETER RENT FOR SUCH YEAR OR
SHORTER PERIOD TOGETHER WITH THE COMPONENTS THEREOF, AS SET FORTH IN THIS
PARAGRAPH ("SUBMETERED ELECTRIC STATEMENT").
TO THE EXTENT THAT THE ESTIMATED
SUBMETERED ELECTRIC RENT PAID BY TENANT FOR THE PERIOD COVERED BY THE SUBMETERED
ELECTRIC STATEMENT SHALL BE LESS THAN THE SUBMETER ELECTRIC RENT AS SET FORTH ON
SUCH SUBMETERED ELECTRIC STATEMENT, TENANT SHALL PAY LANDLORD THE DIFFERENCE
WITHIN 30 DAYS AFTER RECEIPT OF THE SUBMETERED ELECTRIC STATEMENT.
IF THE
ESTIMATED SUBMETER ELECTRIC RENT PAID BY TENANT FOR THE PERIOD COVERED BY THE
SUBMETERED ELECTRIC STATEMENT SHALL BE GREATER