POWER BACKUP AND UTILITIES AGREEMENT
RECITALS
A. The Landlord has let to the Tenant the premises known as __________ (the "Premises") under __________ (the "Lease").
B. The Landlord provides backup power and certain shared utilities to the building, and the Parties wish to record the terms on which the Tenant receives and pays for them.
- 1. THE TENANT'S OWN ELECTRICITY CONNECTION
1.1 The Tenant's ordinary electricity from the grid is supplied by the electricity supplier under the Tenant's own connection, or the building's connection as the Lease provides. Charges to the supplier are the Tenant's, or are shared as the Lease provides, and are outside this Agreement.
- 2. POWER BACKUP
2.3 The Tenant shall not draw more than its allotted load from the Backup Supply. If the Tenant needs more, it shall ask the Landlord in writing, and the Landlord may agree a larger load on a revised charge.
2.4 The Tenant shall connect to the Backup Supply only at the points the Landlord provides, and shall not tamper with, bypass or damage the sub-meter, the changeover or any wiring.
- 3. METERING AND CHARGES FOR BACKUP POWER
3.3 The Landlord shall keep the sub-meter in working order and shall have it tested or calibrated on the Tenant's reasonable request. If a test shows an error, the Landlord shall correct the bills for the period it can reasonably be shown to have run, and refund or credit any excess.
3.4 If the sub-meter stops working, the Tenant shall pay on the basis of its average consumption in the three months before, until the meter is repaired or replaced.
- 4. OTHER UTILITIES AND COMMON SERVICES
4.2 The Landlord may change the hours or manner of a common service for good reason, such as repair, safety or a change in the building's needs, after reasonable notice to the Tenant where it can be given.
- 5. BILLING AND PAYMENT
5.4 GST, if any is chargeable on these services, shall be shown separately on the bill at the rate then in force and paid by the Tenant in addition to the charges.
5.5 The Tenant shall tell the Landlord in writing, within ten days of receiving a bill, of any item it disputes, and shall pay the undisputed part meanwhile.
6.2 The Landlord shall not stop water supply, lifts, fire safety systems, security or any service required for safety, health or access, or the Tenant's access to the Premises. The Landlord shall restore any service stopped under clause 6.1 within a reasonable time after the Tenant pays.
6.3 The Landlord may also stop a service briefly for repair, maintenance or safety, and shall try to give notice in advance and to limit the time.
- 7. CARE AND LIABILITY
7.1 The Landlord shall run, maintain and refuel the plant and services with reasonable care and by competent persons, and shall keep the licences and approvals needed to run them.
7.2 The Landlord is not liable for a failure, fluctuation or interruption of the Backup Supply or any common service caused by the grid, by a breakdown that could not have been prevented by reasonable maintenance, by fire, flood or other event beyond its control, or by a requirement of law or of a public authority.
7.3 The Tenant shall protect its sensitive equipment with its own surge and voltage protection and its own UPS where its work needs an uninterrupted supply. The Landlord does not promise an uninterrupted supply.
7.4 Nothing in this clause excuses the Landlord from its own negligence or wilful default, or limits what the law does not allow to be limited.
- 8. TERM AND GENERAL
8.1 This Agreement begins on the date of the Lease and ends when the Lease ends, unless ended earlier by agreement in writing. Charges accrued before it ends remain payable.
8.2 This Agreement supplements the Lease. If it conflicts with the Lease on the utilities and backup power covered by it, this Agreement governs for that purpose.
8.3 The Parties shall comply with the laws and rules that govern electricity supply and the use and resale of electricity, and with any condition of the building's fire and safety approvals. If a change of law or of the supplier's rules affects any term of this Agreement, the Parties shall agree in good faith the smallest change that complies with the law.
8.4 Notices under this Agreement shall be in writing and given by hand, by registered post or courier to the address of the Party in this Agreement, or by email where the Lease provides for notice by email.
8.5 This Agreement is governed by the laws of India and the courts at the place where the Premises are situated have jurisdiction. The Parties shall first try to settle any dispute by discussion.
8.6 A change to this Agreement is valid only if it is in writing and signed by both Parties.
FOR THE LANDLORD
__________
Signature: ______________________________
FOR THE TENANT
__________
Signature: ______________________________