Coach 2013 Annual Report Download - page 574

ARTICLE 41
ELECTRICITY
41.01 Except as otherwise set forth herein to the contrary, Landlord and Tenant acknowledge and agree that electric service shall be
supplied to the Premises on a direct metered basis in accordance with the provisions of this Article 41. Electricity and electric service, as used herein, shall
mean any element affecting the generation, transmission, and/or distribution or redistribution of electricity, including but not limited to services which
facilitate the distribution of service. Landlord shall make electricity available during the Term at the combined electrical closets servicing the Premises for all
purposes with an average capacity of six (6) watts demand load per usable square foot of the Premises (exclusive of electricity required for the operation of the
Building HVAC System serving the Premises), which shall be distributed by Tenant throughout the Premises at its sole cost and expense.
41.02 (a) Tenant shall pay, as and when due, directly to the utility company supplying electricity to the Premises or the
applicable portion thereof the amounts due for electric current consumed by Tenant as indicated by meters measuring Tenant’s consumption thereof.
(b) If electricity can no longer be provided to the Premises on a direct metered basis, Landlord shall provide redistributed
electricity to the Premises (or the applicable portions thereof) on a submetered basis and, in such event, Tenant agrees that the charges for such redistributed
electricity shall be computed in the manner hereinafter described, to wit, a sum equal to the product of (i) Landlord’s actual out-of-pocket cost for such
electricity (“Landlord’s Cost”).
41.03 Landlord shall not be liable 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 for Tenant’s requirements, except to the extent caused by the negligence
or willful misconduct of Landlord. Tenant covenants and agrees that at all times its use of electric current shall never exceed the capacity of existing feeders to
the Building or wiring installation subject to Landlord’s obligation to provide the capacity set forth in Section 41.01. Any riser or risers to supply Tenant’s
electrical requirements, upon written request of Tenant, will be installed by Landlord, at the sole cost and expense of Tenant, if, in Landlord’s reasonable
judgment, the same are reasonably necessary and will not cause permanent damage or injury to the Building or the Premises or cause or create a dangerous or
hazardous condition or entail excessive or unreasonable alterations, repairs or expense or interfere with or disturb other tenants or occupants. In addition to the
installation of such riser or risers, Landlord will also at the sole cost and expense of Tenant, install all other equipment proper and necessary in connection
therewith subject to the aforesaid terms and conditions.
ARTICLE 42
LEASE SUBMISSION
42.01 Landlord and Tenant agree that this Lease is submitted to Tenant on the understanding that it shall not be considered an offer
and shall not bind Landlord or Tenant in any way unless and until (i) Tenant has duly executed and delivered duplicate originals thereof to Landlord and (ii)
Landlord has executed and delivered one of said originals to Tenant.
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