BEING BILLED THEREFOR
AND THEREAFTER AS PART OF THE INCREASED MONTHLY CHARGE FOR ELECTRICITY BY REASON
OF SUCH SURVEY DETERMINATION.
(B)
IN THE EVENT FROM TIME TO TIME AFTER THE INITIAL SURVEY OR A
SUBSEQUENT SURVEY ANY ADDITIONAL ELECTRICALLY OPERATED EQUIPMENT IS INSTALLED IN
THE PREMISES BY TENANT, OR IF TENANT SHALL INCREASE ITS HOURS OF OPERATION, OR
IF THE CHARGES BY THE UTILITY COMPANY SUPPLYING ELECTRIC CURRENT TO LANDLORD ARE
INCREASED OR DECREASED AFTER THE DATE THEREOF, THEN AND IN ANY OF SUCH EVENTS
THE MONTHLY CHARGE SHALL BE INCREASED OR DECREASED ACCORDINGLY ON ACCOUNT OF
SUCH ADDITIONAL ELECTRICITY CONSUMED BY SUCH NEWLY INSTALLED ELECTRICALLY
OPERATED EQUIPMENT AND/OR INCREASE IN TENANT'S HOURS OF OPERATION AND/OR ON
ACCOUNT OF SUCH INCREASED OR DECREASED LANDLORD'S RATE.
THE AMOUNT OF SUCH
INCREASE OR DECREASE IN THE MONTHLY CHARGE SHALL BE DETERMINED IN THE FIRST
INSTANCE BY LANDLORD'S CONSULTANT.
IN ADDITION, THE MONTHLY RATE WILL BE
INCREASED OR DECREASED QUARTERLY IN ACCORDANCE WITH CALCULATIONS BY LANDLORD'S
CONSULTANT TO REFLECT CHANGES IN THE FUEL ADJUSTMENT COMPONENT OF THE UTILITY
COMPANY CHARGE.
TENANT SHALL PAY THE AMOUNT OF ANY INCREASE IN THE MONTHLY
CHARGE RETROACTIVELY (SUBJECT TO TENANT'S RIGHT TO CONTEST IN THE SAME MANNER AS
IN SECTION 14.06 HEREOF PROVIDED) FROM THE DATE OF THE INSTALLATION OF ALL NEWLY
INSTALLED ELECTRICALLY OPERATED EQUIPMENT AND/OR FROM THE DATE WHEN THE
INCREASED CHARGES TO LANDLORD FROM THE UTILITY COMPANY BECOME EFFECTIVE AND/OR
FROM THE DATE OF ANY INCREASE IN TENANT'S HOURS OF OPERATION, AS THE CASE MAY
BE, SUCH AMOUNT TO BE PAID PROMPTLY UPON BILLING THEREFOR BY LANDLORD.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN SECTION 14.04, IN NO EVENT
SHALL THE ACTUAL CHARGE BE DECREASED TO AN AMOUNT WHICH IS LESS THAN THE INITIAL
CHARGE PER RENTABLE SQUARE FOOT PER ANNUM.
14.05
ALL SURVEY DETERMINATIONS (INCLUDING THE FIRST SURVEY MADE BY
LANDLORD'S CONSULTANT) SHALL BE SUBJECT TO CONTEST BY TENANT AS PROVIDED IN
SECTION 14.06 HEREOF.
SURVEYS MADE OF TENANT'S ELECTRICAL CONSUMPTION SHALL BE
BASED UPON THE USE OF ELECTRICITY BETWEEN THE HOURS OF 8:00 A.M. TO 6:00 P.M.,
MONDAYS THROUGH FRIDAYS, ON SATURDAYS AND SUCH OTHER DAYS AND HOURS WHEN TENANT
(OR TENANT'S AGENTS, EMPLOYEES AND/OR CONTRACTORS) USES ELECTRICITY FOR LIGHTING
AND FOR THE OPERATION OF THE MACHINERY, APPLIANCES AND EQUIPMENT USED BY TENANT
IN THE PREMISES; AND IF CLEANING SERVICES ARE PROVIDED BY LANDLORD, SUCH SURVEY
SHALL INCLUDE LANDLORD'S NORMAL CLEANING HOURS OF FIVE (5) HOURS PER DAY (WHICH
SHALL NOT BE SUBJECT TO
44
REDUCTION) FOR LIGHTING WITHIN THE PREMISES AND FOR ELECTRICAL EQUIPMENT
NORMALLY USED FOR SUCH CLEANING.
14.06
IN THE EVENT ELECTRICITY SHALL BE FURNISHED TO TENANT AS
CONTEMPLATED IN SECTION 14.04 HEREOF, THEN TENANT, WITHIN SIXTY (60) DAYS AFTER
NOTIFICATION FROM LANDLORD OF THE DETERMINATION OF LANDLORD'S UTILITY CONSULTANT
(IN ACCORDANCE WITH THE PROVISIONS OF SECTION 14.04 HEREOF), SHALL HAVE THE
RIGHT TO CONTEST, AT TENANT'S COST AND EXPENSE, SUCH DETERMINATION BY SUBMITTING
TO LANDLORD A LIKE SURVEY DETERMINATION PREPARED BY A UTILITY CONSULTANT OF
TENANT'S SELECTION,