AGREEMENT OF LEASE

NYC 9/11 Public Portal Document

ARTICLE 10 ELECTRICITY

(A) (a) The Building will be equipped with risers, feeders and wiring so as to furnish electric service (connected load) to the Demised Premises of 6 watts per rentable square foot of the Demised Premises for lighting and power, excluding power to service the Building air conditioning equipment and hot water heater located on the floor of the Demised Premises. Additionally, a meter system (or other measuring devices) to measure energy quantity and peak demand will be furnished and installed by Landlord, at Landlord's cost, to me^re the amount of "Usage" solely to the Demised Premises. Where more than one meter measures the amount of Usage, Usage through each meter shall be billed in the aggregate with coincidental demand in accordance with the provisions of this Article 10;

(b) Subject to Tenant's Final Plans approved by Landlord for Tenant's Initial Work, any additional risers, feeders or other equipment or service proper or necessary to supply Tenant's electrical requirements above the service set forth in subdivision (a), will, upon written request of Tenant, be installed by Landlord, at the sole cost and expense of Tenant, if in Landlord's sole judgment, the same are necessary and will not cause permanent damage or injury to the Building or the Demised Premises or cause or create a dangerous or hazardous condition, or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb tenants or occupants. If, in Landlord's sole judgment. Landlord shall consent to the installation of such riser or risers, in addition to such installation. Landlord will also at Tenant's sole cost and expense, install all other equipment proper and necessary in connection therewith subject to the aforesaid terms and conditions.

(B) For purposes of Paragraphs (B) and (C):

(a) "Usage" shall mean Tenant's actual usage of electricity in the Demised Premises (subject to Paragraph (H) of this Article 10) as measured by the aforesaid metering system for each calendar month or such other period as Landlord shall determine during the Term and shall include the energy quantity and peak demand (kilowatt hours and kilowatts);

(b) "Landlord's Rate" shall be determined each month from the Landlord’s total Building demand, total Building energy quantity and total Building utility bill, including all applicable taxes, surcharges, deniand charges, energy charges fuel adjustment charges, time of day charges, and further including transmission and transformer losses (to be determined by Landlord if such losses are not measured by said metering system), and other adjustments made from time to time by the public utility company (or successor thereto) supplying electric current to the Building, or by any governmental authority having jurisdiction.

The demand rate shall be determined by dividing the total charges associated with demand by the total Building demand; and the energy rate shall be determined by dividing the total charges associated with energy by the total Building energy. Provided Landlord shall

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