NYC 9/11 Public Portal Document
(a) "Usage" shall mean Tenant's actual usage of electricity in the Demised
Premises 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 quantity and peak
demand (kilowatt hours and kilowatts) and all applicable taxes, surcharges, demand charges.
energy charges, fuel adjustment charges, time of day charges and other adjustments made from
time to time by the public utility company (or successor thereto) supplying electric current to the
Building or any governmental authority having jurisdiction;
(b) "Landlord's Rate" shall mean the service classification (including all
applicable taxes, surcharges, demand charges, energy charges, fuel adjustment charges, time of
day charges and other sums payable in respect thereof) pursuant to which Landlord purchases
electric current for the Building from the public utility company (or successor thereto) supplying
electric current to the Building and including the voltage stepdown cost incurred by Landlord to
reduce the voltage supplied to the Building as distributed to Tenant; and
(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
38
NYC-WTC_000170341
OCR can misread numbers and units. Confirm readings against the page image before using them.