Draft lease for 7 World Trade Center, March 1998

NYC 9/11 Public Portal Document

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, demand 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 not be liable for sales tax on electricity furnished to the Demised Premises, the Tenant shall not be liable for sales tax on utility bills applicable to the Demised Premises. The rates shall be revised at every rate change made by the public utility company (or successor thereto). Upon request, the Landlord shall provide copies of the Building’s utility bills to the Tenant. (c) "Tenant's Cost" shall mean the product of (i) Usage multiplied by (ii) Landlord's Rate.

(C) Landlord shall, from time to time but not more often than monthly, furnish Tenant with an invoice indicating the period during which the Usage was measured and the amount of Tenant's Cost payable by Tenant to Landlord for such period. Within five (5) days after receipt of each such invoice. Tenant shall pay the amount of Tenant's Cost set forth thereon to Landlord as additional rent. In addition, if any tax is imposed upon Landlord by any municipal, state or federal agency or subdivision with respect to the purchase, sale or resale of electrical energy supplied to Tenant hereunder. Tenant covenants and agrees that, where permitted by law, a portion of such taxes (based on the amount of Tenant's Cost as applied to the appropriate tax rate) shall be passed on to, included in the bill to and paid by. Tenant to Landlord, as additional rent.

(D) Landlord shall not in anywise be liable or responsible to Tenant for any loss or damage or expense which Tenant may sustain or incur if either the quantity or character of electric service is changed or is no longer available or suitable to Tenant's requirements.

(E) Tenant agrees not to connect any additional electrical equipment of any type to the Building electric distribution system, beyond that on Tenant's approved Final Plans for initial occupancy, other than lamps, typewriters and other small office machines which consume comparable amounts of electricity, without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. In no event shall Tenant use or install any fixtures, equipment or machines the use of which in conjunction with other fixtures, equipment and

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