ELECTRIC CONSUMPTION OF ANOTHER
TENANT OCCUPYING SPACE IN THE BUILDING, THEN IN ANY SUCH CASE LANDLORD SHALL
FURNISH ELECTRICITY TO TENANT ON THE BASIS THAT TENANT'S CONSUMPTION (KW AND
KWHR) OF ELECTRICITY SHALL BE MEASURED BY ELECTRIC SURVEY MADE FROM TIME TO TIME
BY LANDLORD'S CONSULTANT.
PENDING AN INITIAL SURVEY MADE BY LANDLORD'S
CONSULTANT, EFFECTIVE AS OF THE DATE WHEN LANDLORD HAS COMMENCED FURNISHING
ELECTRICITY TO TENANT PURSUANT TO THIS SECTION 14.04 (WITH SUITABLE PRORATION
FOR ANY PERIOD OF LESS THAN A FULL CALENDAR MONTH), THE FIXED RENT SPECIFIED IN
SECTION 1.04 HEREOF SHALL BE INCREASED BY AN AMOUNT (THE "INITIAL CHARGE") WHICH
SHALL BE AT THE RATE OF $3.25 PER RENTABLE SQUARE FOOT PER ANNUM, PROVIDED THAT
SUCH AMOUNT PER ANNUM IS SUBJECT TO INCREASE BASED ON INCREASES IN LANDLORD'S
COST OF ELECTRICITY, OR IN THE EVENT THE REASON IS (I) ABOVE, THEN, IF THERE HAS
BEEN TWELVE (12) MONTHS CHARGES OF SUBMETERED ELECTRIC, AN AMOUNT EQUAL TO THE
AVERAGE OF THE PRIOR TWELVE (12) MONTHS CHARGES FOR SUBMETERED ELECTRIC, BUT IN
ANY CASE, WITH AT LEAST THIRTY (30) DAYS PRIOR WRITTEN NOTICE OF ANY SUCH
INCREASE (PROVIDED, HOWEVER, THAT THE EFFECTIVE DATE OF SUCH ADJUSTMENT SHALL BE
THE DATE SUCH INCREASED USE COMMENCED, AS DETERMINED BY THE ELECTRICAL SURVEY).
AFTER COMPLETION OF THE ELECTRICAL SURVEY MADE BY LANDLORD'S CONSULTANT OF
TENANT'S CONSUMPTION (KW AND KWHR) OF ELECTRICITY, SAID CONSULTANT SHALL APPLY
103% OF LANDLORD'S RATE AS PROVIDED IN SECTION 14.02 HEREOF TO ARRIVE AT AN
AMOUNT (THE "ACTUAL CHARGE") AND THE FIXED RENT SHALL BE APPROPRIATELY ADJUSTED
RETROACTIVELY TO REFLECT
43
ANY AMOUNT BY WHICH THE ACTUAL CHARGE EXCEEDS THE INITIAL CHARGE.
TENANT SHALL
PAY THAT PORTION OF SUCH AMOUNT WHICH WOULD HAVE BEEN PAID TO THE DATE OF THE
DETERMINATION OF THE ACTUAL CHARGE WITHIN THIRTY (30) DAYS AFTER BEING BILLED
THEREFOR.
THEREAFTER AND FROM TIME TO TIME DURING THE TERM OF THE LEASE,
LANDLORD MAY CAUSE ADDITIONAL SURVEYS OF TENANT'S ELECTRICAL USAGE TO BE MADE BY
LANDLORD'S CONSULTANT.
TENANT FROM TIME TO TIME MAY REQUEST LANDLORD TO HAVE A
SURVEY MADE OF TENANT'S ELECTRICAL USAGE, AND THE FEES OF LANDLORD'S CONSULTANT
MAKING SUCH SURVEY(S) AT TENANT'S REQUEST SHALL BE PAID BY TENANT.
IN THE EVENT
ANY OF THE FOREGOING SURVEYS SHALL DETERMINE THAT THERE HAS BEEN AN INCREASE OR
DECREASE IN TENANT'S USAGE OF ELECTRICITY, THEN EFFECTIVE AS OF THE DATE OF SUCH
CHANGE IN USAGE THE THEN CURRENT ACTUAL CHARGE TO TENANT BY REASON OF THE
FURNISHING OF ELECTRICITY TO TENANT, AS SAME MAY HAVE BEEN PREVIOUSLY INCREASED
PURSUANT TO THE TERMS HEREOF, SHALL BE INCREASED OR DECREASED (SUBJECT TO THE
LAST SENTENCE OF SECTION 14.04(B) HEREOF) IN ACCORDANCE WITH SUCH SURVEY
DETERMINATION WITH APPROPRIATE CREDIT ALLOWED TO TENANT IN THE EVENT OF A
DECREASE IN USAGE AND IN THE EVENT OF AN INCREASE IN SUCH USAGE TENANT SHALL PAY
THE INCREASED AMOUNT THEREFOR FROM THE DATE OF SUCH CHANGE IN USAGE TO THE DATE
OF SUCH SURVEY DETERMINATION WITHIN THIRTY (30) DAYS AFTER