Fill and Sign the Example 3 Electricity Clause Specifically Stating Form

17.01[3][c]a Example 3: Electricity Clause - Specifically Stating Availability, Pricing, Quantity and Quality of Service Provided Clause that specifically states the availability of electricity, the pricing, the quantity and the quality of the electricity provided to the demised premises 18.02B 42. (a) Notwithstanding any provision of this Lease to the contrary, Owner shall have no obligation to furnish or supply to Tenant or the demised premises any electric energy. Tenant shall, at Tenant's sole cost and expense, make all arrangements for and cause all such electric energy to be furnished to the demised premises, including, without limitation, the furnishing, installing and maintaining of meters, and, from the meters, other components of the electrical system to and within the demised premises. The existing meter servicing the demised premises services only the demised premises. Tenant shall not permit any electric energy facility to be overloaded. Owner shall not be liable to Tenant in damages or otherwise for any failure of Tenant to make arrangements for or to obtain any such electric energy, unless caused by the negligence of Owner. Owner shall provide and maintain feeders, risers and wiring necessary to provide electric energy to a location designated by Owner for the installation of Tenant's meters. Said feeders, risers and wiring shall be adequate to permit Tenant to draw electric energy in an amount not to exceed 200 amps, three phase, and Tenant shall not so exceed that amount (but, subject to the provisions of this Lease, Tenant may, at its expense (i) bring to the demised premises one or more additional conduit risers, each of which must contain four copper wires, each wire being at least 500,000 circular mills, and (ii) install a clean ground. Tenant shall not be released or excused from the performance of any of its obligations under this Lease for any failure or for interruption or curtailment of any such electric energy, for any reason whatsoever, and no such failure, interruption or curtailment shall constitute a constructive or partial eviction, subject to the provisions of Article 27. (b) Tenant shall pay directly to the utility company all charges for electric energy used or consumed in or in connection with the demised premises. (c) Notwithstanding any provision of this Lease to the contrary, Tenant shall, at Tenant's sole cost and expense, maintain and promptly make all repairs, structural or otherwise, ordinary and extraordinary, to all components of the electrical system from the meters to and within the demised premises (but not the bus duct, which shall be Owner's responsibility unless the repairs are caused by Tenant or its agents or contractors; any riser which is installed by Tenant shall be Tenant's responsibility). (d) Based on an average electric load of four watts per square foot and one person per 100 square feet of net usable area of the demised premises, Owner represents that the heating and air-conditioning system of the Building is capable of supplying heating and air-conditioning to the demised premises in accordance with the following specifications: Summer Conditions: Inside Temperature-78° F dry bulb; 50% relative humidity Outside Temperature-when outside temperature is 95° F Winter Conditions: Inside Temperature-68° F dry bulb Outside Temperature-when outside temperature is 0° F Notwithstanding the foregoing, Owner makes no representation and Owner shall have no obligation or liability with respect to the performance of the heating and air-conditioning system by reason of (i) the use of the demised premises, or any part thereof, in a manner exceeding the design conditions specified in this paragraph, (ii) the arrangement or rearrangement of partitioning or of the ceiling distribution system which interferes with normal operation of the heating and airconditioning in the demised premises, (iii) the use of computer or data processing machines or equipment, except for normal desk-top machines and business equipment, (iv) the failure of Tenant to comply with the provisions of this Lease, which failure shall affect the performance of the heating and air-conditioning system, (v) the performance of or any defects in any work or alterations done or caused to be done by Tenant, (vi) any other matter relating to the distribution of heating and air-conditioning within the demised premises or (vii) the requirements of any law, order or regulation of any governmental subdivision or agency (or any officer thereof) or the requirements of any insurance bodies. (e) If at any time during the term of this Lease Owner shall be permitted to submeter Tenant's consumption of electric energy, Owner shall have the right to cause Tenant's consumption of electric energy to be submetered. If Owner shall exercise such right, this Lease shall remain in full force and effect and shall be unaffected thereby, except that (i) Owner shall, at its sole cost and expense, furnish, install and maintain all such submeters and all feeders, risers and wiring required in connection with such submetering, and (ii) from and after the date Owner shall complete the installation of such submeters, feeders, risers and wiring, Tenant shall purchase electric energy from Owner and shall from time to time, within thirty (30) days after demand (accompanied by Owner's computation of the amount then due), pay to Owner all charges for Tenant's consumption of electric energy as measured by such submeters. The charge paid by Tenant to Owner shall be determined by reference to the public utility rate schedule which would apply if Tenant's consumption of electric energy constituted all of the electric energy purchased by Owner provided, however, that in no event shall such charge exceed the charge which Tenant would have paid if Tenant was paying such charges directly to the utility company servicing the Building. Owner shall have the right at any time to discontinue such submetering, in which event the provisions of this paragraph shall not apply and Owner, at its cost and expense shall restore the electrical service to its condition prior to the commencement of submetering.