ANY KITCHEN
AREAS AND/OR EXECUTIVE WASHROOMS AND/OR SHOWERS INSTALLED IN THE PREMISES
(UNLESS TENANT AGREES TO PAY FOR SUCH EXCESS WATER) NORMALLY FURNISHED FOR THE
NORMAL OFFICE USE FOR THE PREMISES BY LANDLORD PURSUANT TO THE TERMS OF
SECTION 6.1.3 ABOVE.
IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED IN SECTION 6.1.7
ABOVE WITH RESPECT TO TENANT'S USE OF ELECTRICITY FROM THE ADDITIONAL POWER
SOURCE FOR TENANT'S DATA CENTER AND THE SUPPLEMENTAL HVAC EQUIPMENT, AND USE OF
ELECTRICITY FROM ANY OTHER SUPPLEMENTAL ELECTRICAL EQUIPMENT INSTALLED BY
TENANT, TENANT SHALL NOT USE ELECTRICITY IN THE PREMISES IN EXCESS OF THE
CAPACITY OF THE ELECTRICITY FEEDERS AND RISERS SERVING THE PREMISES.
IF TENANT
USES WATER IN EXCESS OF THE QUANTITIES TO BE PROVIDED BY LANDLORD FOR NORMAL
OFFICE USE PURSUANT TO SECTION 6.1.3 ABOVE, OR IF TENANT'S CONSUMPTION OF
ELECTRICITY EXCEEDS THE CONSUMPTION STANDARD (AS DEFINED BELOW), THEN TENANT
SHALL PAY TO LANDLORD, WITHIN THIRTY (30) DAYS AFTER INVOICE (WHICH INVOICE
SHALL INCLUDE A DETAILED DESCRIPTION OF THE APPLICABLE CHARGES), THE SUM OF:
(A) THE ACTUAL COST (AS DEFINED BELOW) OF SUCH EXCESS CONSUMPTION BASED UPON
UTILITY RATES PAID BY LANDLORD, PLUS A THREE AND ONE-HALF PERCENT (3.5%)
SURCHARGE ON SUCH CONSUMPTION COSTS TO COVER LANDLORD'S ADMINISTRATIVE COSTS;
PLUS (B) THE ACTUAL COST OF THE INSTALLATION, OPERATION (BUT NOT INCLUDING
UTILITY CHARGES TO THE EXTENT SEPARATELY METERED TO THE PREMISES AND PAID BY
TENANT), AND MAINTENANCE OF
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EQUIPMENT WHICH IS INSTALLED IN ORDER TO SUPPLY SUCH EXCESS CONSUMPTION; PLUS
(C) THE COST OF THE INCREASED WEAR AND TEAR AND DEPRECIATION ON EXISTING
EQUIPMENT CAUSED BY SUCH EXCESS CONSUMPTION, AS DETERMINED BY LANDLORD IN
ACCORDANCE WITH SOUND REAL ESTATE MANAGEMENT PRACTICES CONSISTENTLY APPLIED.
AS USED HEREIN, THE "CONSUMPTION STANDARD" SHALL MEAN FIVE (5) WATTS PER USABLE
SQUARE FOOT OF THE PREMISES FOR CONNECTED ELECTRICAL LOAD OF 120/208 VOLTAGE
POWER EQUIPMENT AND ONE (1) AND THREE-TENTHS (1.3) WATTS PER USABLE SQUARE FOOT
OF THE PREMISES FOR CONNECTED ELECTRICAL LOAD FOR 277/480 VOLTAGE POWER
EQUIPMENT, CALCULATED ON AN AVERAGE ANNUALIZED BASIS FOR THE BUSINESS HOURS
DESCRIBED IN SECTION 6.1.1 ABOVE, WHICH ELECTRICITY CONSUMPTION SHALL BE:
(1)
DEFINED WITHOUT REGARD TO (X) ELECTRICITY CONSUMED BY OR RELATED TO THE
SUPPLEMENTAL EQUIPMENT (SINCE TENANT IS OBLIGATED TO PAY FOR ALL COSTS OF
ELECTRICITY USED IN CONNECTION THEREWITH AS PROVIDED IN SECTION 6.1.7 ABOVE),
AND (Y) ELECTRICITY UTILIZED BY THE BUILDING'S BASE BUILDING EQUIPMENT SUCH AS
THE BASE BUILDING HVAC SYSTEM AND BUILDING ELEVATORS; AND (2) APPLICABLE TO THE
ENTIRETY OF THE PREMISES (AND NOT APPLICABLE SOLELY ON A FLOOR-BY-FLOOR BASIS).
AS USED HEREIN, THE "ACTUAL COST" SHALL MEAN THE ACTUAL OUT-OF-POCKET
INCREMENTAL EXTRA COSTS TO LANDLORD TO PROVIDE ANY ADDITIONAL SERVICES CHARGED
BY UTILITY COMPANIES AND/OR ANY OTHER THIRD PARTY PROVIDERS, WITHOUT MARK-UP FOR
PROFIT, OVERHEAD, DEPRECIATION OR ADMINISTRATIVE COSTS (EXCEPT AS OTHERWISE
EXPRESSLY PROVIDED HEREIN TO THE CONTRARY).
TO THE EXTENT THE ENTIRE SALARY OF
ANY INDIVIDUAL PERSONNEL PROVIDING ANY ADDITIONAL SERVICES TO TENANT PURSUANT TO
THIS SECTION 6.2 OR SECTION 6.4 BELOW IS INCLUDED IN