Smart Buildings
Statement of Intent
The Lease contains a provision which a) ensures L and T regularly and transparently share data regarding at least the use of energy, water and waste within the Premises and the Building (including the common parts) and where agreed other Environmental Performance [and Social Impact] data with confidentiality obligations re all data and tenant consent to access for landlord to its relevant data direct from tenant‘s supplier and b) ensures that an individual meter/submeter/AMR can be installed in the Premises to capture energy and water usage and c) ensures proper use of any smart building technology .
Preamble
Where a landlord or tenant has incurred the expense of installing smart building technology in the Premises or the Building to ensure more granular data collection and/or more responsive and efficient control of systems in the Building or the Premises it is helpful to both parties if nothing prevents the efficient use of this technology.
Suggested Drafting
Suggested Drafting
Where the Building [or the Premises] incorporates smart building technology being any advanced technology which obtains and collates data and uses that data to identify measures to optimize the performance of [the Building] [or the Premises] the Tenant must ensure that it complies with the Digital Protocol Policy and the Landlord and the Tenant must not do anything which adversely affects the efficient operation of any smart building technology.
Drafting note
This provision should be inserted into the Sustainability schedule (Schedule 7) of the MCL.