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Utilities

Who Sets the Markup When Your Landlord Resells You Electricity?

Four New York leases filed with the SEC price the same commodity four different ways. The Graybar Building lease guarantees SL Green a markup of at least 20% over its own utility bill, in a sentence that overrides the tenant's apparent protection of a 1970 Con Edison tariff. One Penn Plaza caps Vornado at 104% of metered cost and sends disagreements to expedited AAA arbitration, and separately raises fixed rent whenever the utility's average cost per kilowatt hour rises. G-III settles on 5% over a named rate schedule. Commercial power prices rose 24% in Ohio and 21.5% in Virginia in the year to July 2026, and the clause decides who absorbs it.

No Rent Until 25 Megawatts Are Energized at the Demarcation Point

A lease signed on 4 September 2026 for a converted power plant in Niagara Falls makes rent commencement wait on the utility. The Commencement Date Conditions are not satisfied until the full Critical Load Power for a phase is energized and available for continuous use at the demarcation point, and every interconnection and power-supply contract is in force. On 25 megawatts at the $145.00 per kW per month the lease uses for its design specifications, each month of delay is about $3.6 million of base rent the landlord cannot bill. The list of Excused Delays that moves the target date does not include utility delay, which a form lease filed by another developer the same week does include.