Common use of Back-up Generator Clause in Contracts

Back-up Generator. At any time during the Term, Tenant shall have the right to install in the Parking Garage (as defined in Exhibit B), at a location reasonably designated by Landlord, and maintain and exclusively use for Tenant’s own benefit, a diesel backup generator, the size and location to be consented to by Landlord (the generator and any substitutions and replacements thereof being the “Backup Generator”); provided, Tenant shall: (i) be solely responsible for the installation of the Backup Generator and connection to the Premises pursuant to plans and specifications approved by Landlord; (ii) be solely responsible for the maintenance, replacement (if necessary) and repair, and appearance of the Backup Generator, in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease; (iii) disconnect the Backup Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will be performed outside of Normal Business Hours and on weekends; (iv) be responsible for the payment of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord access to the Backup Generator in the event of an emergency affecting the Backup Generator; (vii) indemnify and hold harmless Landlord from any damage or liability arising from the Backup Generator (expressly including any spills of generator fuel), except to the extent such damage or liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator shall not be deemed a part of the Improvements subject to the Allowance described in Article 22.00 above.

Back-up Generator. At A. Tenant shall be permitted, at its sole cost and expense, to install, connect to the Building, operate and maintain a diesel back-up electrical generator and all related equipment switching gear, conduit and equipment mounts (collectively, “Generator”) screened from public view to be located in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord’s cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord’s reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time during as Tenant decides that it no longer wishes to maintain the TermGenerator, Tenant shall have be obligated to remove the right to install in the Parking Garage (as defined in Exhibit B)Generator and all related or ancillary equipment, at a location reasonably designated by Landlordwiring, and maintain the like, and exclusively use for Tenant’s own benefit, a diesel backup generator, the size and location to be consented to Tenant shall repair any damage caused by Landlord (the generator and any substitutions and replacements thereof being the “Backup Generator”); provided, Tenant shall: (i) be solely responsible for the installation and use of the Backup Generator and connection to the Premises pursuant to plans and specifications approved by Landlord; (ii) be solely responsible for the maintenance, replacement (if necessary) and repair, and appearance of the Backup Generator, such removal in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease;method reasonably satisfactory to Landlord. (iii) disconnect the Backup D. The Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will shall be performed outside of Normal Business Hours and on weekends; (iv) be responsible used solely for the payment generation of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord access to the Backup Generator emergency power in the event of an emergency affecting and only for the Backup duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant’s business in the Leased Premises. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator;. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (viias defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless Landlord from any damage and against all Claims and liabilities of every kind or liability arising from nature related to the Backup Generator (expressly including any spills existence and operation of generator fuel)the Generator, except to the extent that such damage or liability is caused by claims and liabilities are the result of the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator shall not be deemed a part any of the Improvements subject to Landlord Parties. G. Throughout the Allowance described Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in Article 22.00 abovethe Complex.

Back-up Generator. At any time during Subject to the Termprovisions of this Paragraph 4.15 and all other applicable provisions of this Lease (including but not limited to Paragraph 2.6 and Article 6), but at no additional rental cost to Tenant, Tenant shall have the right (subject to compliance with all Laws and Restrictions) during the Lease Term, at Tenant’s sole cost and expense, to install an emergency generator, and a concrete pad in connection therewith (collectively, together with all components thereof, the Parking Garage “Generator System”). Tenant may utilize a portion of the Tenant Improvement Allowance (as defined in Exhibit B)the Work Letter) to defray the cost of acquisition and installation of the Generator System. Tenant shall reimburse Landlord for the reasonable out-of-pocket fees of Landlord’s structural engineer incurred in evaluating Tenant’s plans for installation of the concrete pad within thirty (30) days following submission by Landlord to Tenant of invoices therefor. The installation, maintenance, repair, operation and removal (as hereinafter provided) of the Generator System shall be completed in a good and workmanlike manner and in compliance with all Laws and Restrictions. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Generator System. The Generator System shall be deemed real property and a part of the Leased Premises and shall be surrendered to Landlord at the expiration or earlier termination of the Lease Term as described in paragraph 6.2 below, unless Landlord elects, in a written notice to Tenant, to treat the Generator System as Tenant’s trade fixtures, in which event Tenant shall remove the Generator System at its cost upon expiration of the Lease Term. Tenant shall, at a location reasonably designated its sole cost and expense, install any screening of such Generator System as may be required by Landlord, Laws and maintain and exclusively use for Tenant’s own benefit, a diesel backup generator, the size and location to be consented to by Landlord (the generator and any substitutions and replacements thereof being the “Backup Generator”); provided, Restrictions. Tenant shall: (i) shall be solely responsible for maintaining, operating and insuring the installation of the Backup Generator System and connection to the Premises pursuant to plans paying any and specifications approved by Landlord; (ii) all taxes or fees assessed upon such Generator System or its operation. Tenant shall also be solely responsible for the maintenance, replacement (if necessary) and repairfor, and appearance of the Backup Generatorhereby agrees to indemnify, in a manner consistent with a Class A building and parking garagedefend, and insuring it in the manner required by this Lease; (iii) disconnect the Backup Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will be performed outside of Normal Business Hours and on weekends; (iv) be responsible for the payment of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord access to the Backup Generator in the event of an emergency affecting the Backup Generator; (vii) indemnify and hold harmless Landlord from any and all liability, loss, cost, claim, damage, or expense (including without limitation reasonable attorneys’ fees and damage to the Building, or liability arising the Property) incurred by Landlord, resulting from the Backup Generator (expressly including any spills of generator fuel)installation, except to the extent such damage maintenance, operation, use, presence or liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator shall not be deemed a part removal of the Improvements subject to the Allowance described in Article 22.00 aboveGenerator System.

Back-up Generator. At A. Tenant shall be permitted, at its sole cost and expense, to install, connect to the Building, operate and maintain a natural gas back-up electrical generator and all related equipment switching gear, conduit and equipment mounts (collectively, “Generator”) screened from public view to be located in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord's cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord's reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time during as Tenant decides that it no longer wishes to maintain the TermGenerator, Tenant shall have be obligated to remove the right to install in the Parking Garage (as defined in Exhibit B)Generator and all related or ancillary equipment, at a location reasonably designated by Landlordwiring, and maintain the like, and exclusively use for Tenant’s own benefit, a diesel backup generator, the size and location to be consented to Tenant shall repair any damage caused by Landlord (the generator and any substitutions and replacements thereof being the “Backup Generator”); provided, Tenant shall: (i) be solely responsible for the installation and use of the Backup Generator and connection to the Premises pursuant to plans and specifications approved by Landlord; (ii) be solely responsible for the maintenance, replacement (if necessary) and repair, and appearance of the Backup Generator, such removal in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease;method reasonably satisfactory to Landlord. (iii) disconnect the Backup D. The Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will shall be performed outside of Normal Business Hours and on weekends; (iv) be responsible used solely for the payment generation of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord access to the Backup Generator emergency power in the event of an emergency affecting and only for the Backup duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant's business in the Leased Premises. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator;. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (viias defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless Landlord from any damage and against all Claims and liabilities of every kind or liability arising from nature related to the Backup Generator (expressly including any spills existence and operation of generator fuel)the Generator, except to the extent that such damage or liability is caused by claims and liabilities are the result of the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator shall not be deemed a part any of the Improvements subject to Landlord Parties. G. Throughout the Allowance described Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in Article 22.00 abovethe Complex.

Back-up Generator. At any time during the TermProvided Tenant obtains all required installation permits and all operational permits and provides Landlord with true, correct and complete copies thereof, Tenant shall have the right to may, at Tenant's sole cost and expense, install in the Parking Garage (as defined in Exhibit B), at a location reasonably designated approved by Landlord, a fully enclosed generator ("Generator"), together with a fuel tank and maintain any other associated improvements, to provide auxiliary power for the Premises. The installation, maintenance, operation, use and exclusively use for removal of the Generator and associated systems and equipment shall be upon the terms and conditions set forth below: 43.1 The Generator, fuel tank and other associated improvements shall comply with any and all applicable code requirements, the cost of which compliance shall be entirely borne by Tenant’s own benefit. In no event may Tenant's maintenance and operation of the Generator involve the installation of an underground storage tank. The above-ground storage tank associated with the Generator (the "AST") shall not exceed one hundred (100) gallons in capacity, shall be double-walled, shall contain diesel fuel only (to only power the Generator), and shall employ at a minimum a double containment system whereby if the first containment system fails, a diesel backup generatorsecond containment system shall be present to prevent releases of Hazardous Materials. The AST shall be installed by a contractor engaged by Tenant and reasonably approved by Landlord, at Tenant's sole cost and expense. For these purposes, a sealed, uncracked concrete basement slab containment area without drains shall be sufficient to constitute the size second containment system, provided it is large enough to completely contain a release of the maximum volume of Hazardous Materials which could be present in the first containment system. All handling, use, storage and location disposal of Hazardous Materials relating to the AST and/or the Generator shall be consented to accomplished by Landlord (Tenant at its sole cost and expense. Upon the generator and any substitutions and replacements thereof being expiration or earlier termination of the “Backup Generator”); providedTerm of this Lease, Tenant shall: agrees to (i) promptly remove from the Facility, at its sole cost and expense, the AST (including the basement slab) and the Generator and all Hazardous Materials which are brought upon, stored, used, generated or released upon, in, under or about the Facility or any portion thereof by Tenant or its agents, employees or contractors, and (ii) return the location to substantially the condition in which it existed prior to Tenant's installation. Tenant shall be solely responsible for complying with any and all Environmental Laws relating to the installation AST, the Generator and/or Hazardous Materials associated with either of the Backup Generator same, including, without limitation, all permitting obligations. For purposes of the Environmental Laws, Tenant shall be the owner and connection operator of the AST. Tenant shall be responsible for ensuring compliance by all of Tenant's agents, employees and contractors with all Environmental Laws relating to the Premises pursuant AST and/or the Generator. Any acknowledgment, consent or approval by Landlord of Tenant's use or handling of Hazardous Materials in connection with the AST and the Generator shall not constitute an assumption of risk respecting the same nor a warranty or certification by Landlord that Tenant's proposed use and handling of Hazardous Materials is safe or reasonable or in compliance with Environmental Laws. 43.2 From time to plans time during the Term and specifications approved by for up to sixty (60) days thereafter, Landlord may, and upon Landlord; 's request, Tenant shall, retain a registered environmental consultant (the "CONSULTANT") reasonably acceptable to Landlord to conduct an investigation of the Facility (the "ENVIRONMENTAL ASSESSMENT") (i) for petroleum or diesel fuel contamination in, about or beneath the Facility arising from the AST and/or the Generator, and (ii) be solely responsible to assess the activities of Tenant and all of Tenant's Parties for compliance with Environmental Laws relative to the maintenance, replacement (if necessary) AST and/or the Generator and repair, and appearance of the Backup Generator, in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease; (iii) disconnect the Backup Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will be performed outside of Normal Business Hours and on weekends; (iv) be responsible for the payment of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from to recommend the use of such Backup Generator; (vi) procedures intended to reasonably reduce the risk of a release of petroleum or diesel fuel. The cost of the Environmental Assessment shall be responsible for taking reasonable steps to secure the Backup Generator sole responsibility of Landlord; provided, however, if there is a release or if a third-party consultant's report or assessment indicates that there has been a release of petroleum or diesel fuel on, at or from the general publicAST or the Generator, which violates or may be deemed to or may ultimately result in a violation of any Environmental Laws, Tenant shall reimburse Landlord for the cost of the Environmental Assessment within ten (10) days after Tenant's receipt of written demand therefor which is accompanied by a copy of the invoice from the Consultant and a copy of the Environmental Assessment. If Landlord so requires, Tenant shall comply, at its sole cost and expense, with all recommendations contained in the Environmental Assessment, including any reasonable recommendations with respect to precautions which should be taken with respect to Tenant's or Tenant's Parties' activities at the Project relative to the AST and/or the Generator or any recommendations for providing Landlord additional testing and studies to detect the presence of petroleum or diesel fuel relative to the AST and/or the Generator. Tenant covenants to reasonably cooperate with the Consultant and to allow entry and reasonable access to the Backup AST and the Generator in for the purpose of Consultant's investigation. 43.3 In the event of an emergency affecting the Backup Generator; (vii) indemnify and hold harmless Landlord from , AST or any damage associated equipment or liability arising from the Backup Generator (expressly including system is located in any spills of generator fuel), except to the extent such damage or liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contraryparking area, the Backup Generator spaces so taken or used for such purpose shall not be deemed a part count toward the number of parking spaces afforded to Tenant under the Lease. 43.4 The provisions of this Article 43 will survive the expiration or earlier termination of the Improvements subject to the Allowance described in Article 22.00 aboveTerm of this Lease.

Back-up Generator. At any time during Subject to the Termterms and conditions of this Paragraph 46 and Paragraph 6 above, and so long as the Tenant under this Lease is in occupancy and possession of the entire Premises, upon no less than thirty (30) days’ prior written notice to Landlord, Tenant shall have the right right, at its sole cost and expense, to install install, in such exterior area of the Project as may be designated by Landlord (in Landlord’s reasonable discretion), an uninterrupted power supply system, consisting of a diesel generator and diesel fuel storage tank (such generator, together with any and all cabling and equipment relating thereto, shall be collectively referred to as the “Generator”), to supply electricity to the Premises during any interruption in electrical service to the Building. The fuel storage tank described in the Parking Garage preceding sentence shall be double-lined, vented and shall be equipped with leak detection alarms and otherwise acceptable to Landlord, in its reasonable discretion. Prior to installing a Generator, Tenant shall first submit plans and specifications therefor for Landlord’s approval. Landlord may require as a condition of its approval of the plans and specifications for the Generator, among other things, that Tenant install such protective modifications to the area where the Generator is located as Landlord deems necessary to prevent or contain any release or spill of Hazardous Materials (as defined in Exhibit Paragraph 6.4 above). The location of the Generator shall provide a readily accessible path for fresh air, exhaust and electrical feeders, and otherwise be acceptable to Landlord, in Landlord’s reasonable discretion. Tenant shall install the Generator at its sole cost and expense in a good and workmanlike manner in accordance with any and all applicable laws, statutes, codes and ordinances of applicable governmental agencies. Tenant shall operate the Generator in accordance with Paragraph 6 of this Lease, all applicable Laws relating to Hazardous Materials, and all other applicable laws, statutes, codes and regulations of applicable governmental authorities. In furtherance of the preceding sentence, but without limiting the generality thereof, Tenant shall not install and/or operate the Generator unless and until Tenant shall have obtained and provided Landlord with copies of (A) all permits and other governmental approvals required for the installation and/or operation of the Generator, including, without limitation, all necessary permits required by the City of San Xxxx, the Bay Area Air Quality Management District, State of California and all other applicable governmental authorities and (B)) a “Hazardous Materials Data Sheet,” or similar submittal, filed with the City of San Xxxx for the use and operation of the Generator. Tenant shall be responsible, at a location reasonably designated by Landlord, and maintain and exclusively use for Tenant’s own benefitsole cost and expense, a diesel backup generatorfor the installation of any electrical and/or water connections between the Generator and the Premises. If, after the size and location to be consented to initial installation of the Generator, Tenant modifies and/or replaces the same, then, unless otherwise directed by Landlord by written notice to Tenant given not less than thirty (30) days prior to the generator and any substitutions and replacements thereof being expiration of the “Backup Generator”term of this Lease (as the same may be extended); provided, Tenant shall: , at Tenant’s sole cost and expense, remove such modified and/or replaced Generator (iit being the intent of the parties that, in accordance with Paragraph 13 above, Tenant shall not be obligated to remove the initially-installed Generator) and restore the area where such modified and/or replaced Generator is located to the condition that existed prior to, as applicable, such modification of the original Generator, or the installation of the replacement Generator, in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such restoration. Tenant acknowledges that Landlord has no obligation to protect, secure, install, construct, maintain, repair, insure or, subject to the terms and conditions of Paragraph 13 and this Paragraph 46 above, remove the Generator (and/or any component and/or element thereof), and/or incur any cost, expense and/or liability in connection therewith, and Tenant hereby assumes all such cost, expense and/or liability relating thereto, including, without limitation, the risk of loss or damage to or from the Generator, from any cause. Tenant shall be solely responsible for any and all cost and/or expense associated with the Generator, including, without limitation, with respect to the procurement, installation (including the rental of space required for the installation of the Backup Generator and connection to the Premises pursuant to plans and specifications approved by Landlord; (ii) be solely responsible for the maintenancethereof), operation, repair, replacement (if necessary) and repairand, and appearance of the Backup Generator, in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease; (iii) disconnect the Backup Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will be performed outside of Normal Business Hours and on weekends; (iv) be responsible for the payment of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord access to the Backup Generator in the event of an emergency affecting the Backup Generator; (vii) indemnify and hold harmless Landlord from any damage or liability arising from the Backup Generator (expressly including any spills of generator fuel), except to the extent such damage or liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator shall not be deemed a part of the Improvements subject to the Allowance described in Article 22.00 terms and conditions of Paragraph 13 and this Paragraph 46 above, removal thereof. Tenant shall pay directly to the taxing authority any taxes or fees imposed upon Tenant’s ownership, operation, maintenance and use of the Generator.

Back-up Generator. At any time during the Term, Tenant shall have the right right, upon Tenants request, to use up to Tenant’s Proportionate Share of capacity of the emergency back-up generator (the “Back-Up Generator”) currently located in the Building. If Tenant so requests, then Tenant may, at its sole cost and expense, tie-into the Back-Up Generator, subject to the reasonable rules and guidelines adopted from time to time by Landlord with respect thereto, and to all applicable laws, codes, regulations and guidelines. Any and all work and improvements to be performed by Tenant to effectuate Tenants tie-in to the Back-Up Generator (such as installing conduits, and connections from the Back-Up Generator to the Premises) shall be considered to be an Alteration, shall be performed in accordance with the provisions of Article 12 of this Lease, and shall be subject to Landlords review and prior written consent in all respects, such approval not to be unreasonably withheld, conditioned or delayed. In the event Tenant elects to tie-into the Back-Up Generator, Tenant shall pay, as Additional Rent, within thirty (30) days after receipt of invoices therefor from Landlord, a pro rata share of the annual fuel and maintenance charges for the Back-Up Generator, which pro rata share shall be based on a ratio, the numerator of which is Tenants total usage of Back-Up Generator capacity and the denominator of which is the aggregate usage of Back- Up Generator capacity at the applicable period of time. In addition, Tenant, at Tenant’s sole cost and expense, shall be entitled to install in the Parking Garage (as defined in Exhibit B)its own generator, at a location reasonably designated to be approved by Landlord, and maintain and exclusively use for such approval not to be unreasonably withheld, conditioned or delayed. Tenant’s own benefit, a diesel backup generator, the size and location to be consented to by Landlord (the generator and any substitutions and replacements thereof being the “Backup Generator”); provided, Tenant shall: (i) be solely responsible for the installation of the Backup Generator and connection to the Premises pursuant to plans and specifications approved by Landlord; (ii) such generator shall be solely responsible for the maintenance, replacement (if necessary) and repair, and appearance of the Backup Generator, in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease; (iii) disconnect the Backup Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will be performed outside of Normal Business Hours and on weekends; (iv) be responsible for the payment of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use Article 12 of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord access to the Backup Generator in the event of an emergency affecting the Backup Generator; (vii) indemnify and hold harmless Landlord from any damage or liability arising from the Backup Generator (expressly including any spills of generator fuel), except to the extent such damage or liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator and shall not be deemed a part of the Improvements subject to the Allowance described in Article 22.00 abovecompliance with all applicable Laws.

Back-up Generator. At any time during Subject to the Termterms and conditions set forth below, Tenant shall have the right to install in on the Parking Garage (as defined in Exhibit B)roof of the Building, at Tenant's sole expense, in a location reasonably designated determined by Landlord, and maintain and exclusively use for Tenant’s own benefitone (1) Back-up Generator (hereinafter defined). As used herein, a diesel backup generator, the term "Back-up Generator" shall mean an electric power supply generator having the size and location to be consented to characteristics and powered by the type of fuel approved by Landlord (in its sole discretion. Prior to the generator and any substitutions and replacements thereof being installation of the “Backup Generator”); provided, Tenant shall: Back-up Generator by Tenant: (i) be solely responsible Landlord shall reasonably approve the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the Backup Generator Back-up Generator; (iii) Tenant and connection the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the Back-up Generator, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the Back-up Generator, as well as all associated conduit and related equipment, and all changes to the Premises pursuant Building which are necessary to plans accommodate same, all in accordance with all applicable Federal, state and specifications approved by Landlord; (ii) local laws, statutes and ordinances, including without limitation all environmental laws. Tenant shall ensure that the Back-up Generator does not interfere with any other equipment serving the Building or any portion thereof. At Tenant's sole cost, the Back-up Generator shall be solely responsible for the maintenance, replacement (if necessary) fully screened from view and repair, and appearance of the Backup Generator, sound in a manner consistent with a Class A building directed by Landlord which shall include without limitation the installation of an additional screening wall and parking garage, and insuring it in the manner sound baffling if required by this Lease; (iii) disconnect the Backup Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of Landlord. Throughout the Term, Tenant shall (A) ensure that the Back-up Generator complies with all applicable laws, statutes and ordinances, including any environmental laws; (B) cause engineers, including environmental engineers, reasonably acceptable to Landlord to inspect the Back-up Generator at least twice yearly to insure that such removal will be performed outside of Normal Business Hours equipment is functioning properly and on weekends; that no hazardous materials are emanating therefrom; (ivC) be responsible maintain the Back-up Generator in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; (E) maintain all permits and governmental approvals necessary for the payment operation of a Parking Space Charge the Back-up Generator. Tenant shall immediately report to Landlord if Tenant determines that the Back-up Generator is not functioning properly, is leaking or is in violation of any applicable laws, including any environmental laws. Tenant shall immediately repair all equipment malfunctions or violations of law arising out of the operation of the Back-up Generator. At Landlord's request, Tenant shall enter into annual service contracts with reputable engineering firms, including environmental engineering firms, for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from inspection, maintenance and repair of the use of such Backup Back-up Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and Tenant shall provide such service contracts to Landlord on demand. Should Tenant fail to properly maintain or repair such equipment (after Landlord provides Tenant notice and 5 days within which to do so) or, upon Landlord's request, to enter into the service contracts described above, Landlord may, but shall not be obligated to, undertake such maintenance or repairs or enter into such service contracts, and all such costs shall constitute Additional Rent hereunder. Tenant shall indemnify Landlord and hold it harmless from and against all claims, liability, damage or costs, including reasonable attorneys' fees, suffered or sustained by Landlord which arise out of the installation, use, operation or removal of the Back-up Generator. Tenant expressly acknowledges and agrees that, notwithstanding the fact that Landlord has permitted Tenant to install the Back-up Generator, Tenant shall remain liable under this Lease for providing all claims, damages, costs or liabilities suffered or sustained by Landlord access which arise out of the presence of hazardous materials which were brought to the Backup Generator in Building (including without limitation the event of an emergency affecting land on which the Backup Generator; (viiBuilding is located) indemnify and hold harmless Landlord from any damage or liability arising from the Backup Generator (expressly including any spills of generator fuel)by Tenant, except to the extent such damage or liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, contractors contractors, licensees or representativesinvitees. Notwithstanding anything in this Lease At the end of the Term, Tenant, at Tenant's sole cost and expense, shall remove the Back-up Generator and restore such Land, the Building and the Leased Premises to their condition immediately prior to the contraryinstallation of such equipment. Tenant shall obtain at Tenant's expense all permits and governmental approvals necessary for such removal. Tenant hereby indemnifies Landlord (and its successors and assigns) and agrees to hold it harmless from and against all loss, the Backup Generator shall not be deemed a part costs, claims, liabilities, injury or damage (including reasonable attorneys' fees) incurred or sustained by Landlord (or its successors or assigns) in connection with or arising out of such removal of the Improvements subject to Back-up Generator or the Allowance described Conduit, including without limitation all costs incurred in Article 22.00 aboveconnection with such removal.

Back-up Generator. At any time during A. Without waiver of the Termprovisions of the first paragraph of this Section 6.2.5, Tenant shall have the right to install in the Parking Garage (as defined in Exhibit B)right, at its sole expense, subject to Tenant obtaining all requisite permits and otherwise in compliance with all applicable codes and laws, to install, maintain, repair, replace and operate a location reasonably designated emergency generator having a capacity no greater than what is then permitted by Landlord, and maintain and exclusively use for Tenant’s own benefit, a diesel backup generator, the size and location to be consented to by Landlord applicable local building code (the generator and any substitutions and replacements thereof being is referred to as the “Backup Generator”) in a mutually acceptable location (the “Generator Area”); provided, provided Tenant shall promptly repair any damage caused to the Building or to the Property caused by reason of such installation and operation. Tenant shall not install the Generator in the Generator Area without Landlord’s prior approval of the manner of and the plans and specifications for such installation and screening if reasonably required by Landlord. If such installation shall result in an increase in premiums for Landlord’s insurance coverage for the Building, then Tenant shall be liable for the increase as Additional Rent hereunder. B. Tenant agrees that upon the expiration or earlier termination of this Lease, Tenant shall: (i) be solely responsible for , in accordance with subsection 6.1.9 hereof, remove the installation of the Backup Generator Generator, at Tenant’s expense, and connection promptly repair and restore any damage to the Premises pursuant Property or the Building due to plans and specifications approved such removal. If the Generator is not so removed by Landlord; (ii) be solely responsible for the maintenance, replacement (if necessary) and repair, and appearance of the Backup Generator, in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease; (iii) disconnect the Backup Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after Tenant upon the expiration of the Termterm of this Lease, then it shall become the property of Landlord and, if Landlord so elects, Landlord shall remove the same and such removal will be performed outside of Normal Business Hours and on weekends; (iv) be responsible charge Tenant for the payment cost of a Parking Space Charge for each Parking Space occupied by removal, including costs, if any, associated with restoration of the Backup Generator in accordance with Section 28.25 above;Property due to such removal. (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general publicC. Tenant shall indemnify, and for providing Landlord access to the Backup Generator in the event of an emergency affecting the Backup Generator; (vii) indemnify defend and hold harmless Landlord from and against any damage and all claims, costs, expenses, fees or liability suits arising out of accidents, damage, injury or loss to any and all persons and property, arising from the Backup Generator (expressly including any spills installation, maintenance, operation and repair of generator fuel)the Generator, except to the extent such damage or liability is unless caused by the gross fault or negligence or willful misconduct of Landlord, its agents, employees and contractors. Tenant shall obtain insurance coverage for the benefit of Landlord or and its employeesmanaging agent in such amount and of such type as Landlord may reasonably require. D The installation, agentsmaintenance and operation of the Generator shall be at Tenant’s sole cost and expense, contractors or representatives. Notwithstanding anything and shall be performed in accordance with all applicable laws and requirements of applicable governmental authorities, and otherwise in accordance with the terms of this Lease (including but not limited to the contrary, the Backup Generator shall not be deemed a part of the Improvements subject to the Allowance described in Article 22.00 aboveSection 6.2.2 hereof).

Back-up Generator. At A. Tenant shall be permitted, at its sole cost and expense, to install, connect to the Building, operate and maintain a back-up electrical generator and all related equipment such as switching gear, conduit and equipment mounts ("Generator") screened from public view to be located on the Leased Premises in a location mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. So long as Tenant's back-up power is not interrupted, Landlord reserves the right to relocate the Generator from time to time at Landlord's cost and expense. B. The installation, maintenance, repair, replacement, removal and repair of any time during damage relating thereto, and all related costs, shall be the Termsole responsibility of Tenant, subject to Landlord's reasonable direction and control. Landlord shall have no obligation to provide fuel or any utilities to the Generator. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground storage tanks. Upon the expiration or termination of this Lease Agreement, Tenant shall have be obligated to remove the right to install in the Parking Garage (as defined in Exhibit B)Generator and all related or ancillary equipment, at a location reasonably designated by Landlordwiring, and maintain and exclusively use for Tenant’s own benefit, a diesel backup generator, the size and location to be consented to by Landlord (the generator and any substitutions and replacements thereof being the “Backup Generator”); provided, Tenant shall: (i) be solely responsible for the installation of the Backup Generator and connection to the Premises pursuant to plans and specifications approved by Landlord; (ii) be solely responsible for the maintenance, replacement (if necessary) and repairlike, and appearance of the Backup Generator, Tenant shall repair any damage caused by such removal in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease;method reasonably satisfactory to Landlord. (iii) disconnect the Backup C. The Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will shall be performed outside of Normal Business Hours and on weekends; (iv) be responsible used solely for the payment generation of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord access to the Backup Generator emergency power in the event of an emergency affecting and only for the Backup duration of a power outage, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order and that it complies with all applicable laws. The Generator shall be used solely for purposes of Tenant's business at the Building. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator;. Tenant shall be responsible for obtaining all licenses, permits and approvals for the installation, use and operation of the Generator. (vii) D. Tenant shall not be required to pay rent for the right to install, connect, operate and maintain the Generator on the Leased Premises. E. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all claims and liabilities of every kind or nature related to the existence and operation of the Generator and/or the Landlord from any damage or liability arising from the Backup Generator (expressly including any spills of generator fuel)Generator, except to the extent that such damage or liability is caused by claims and liabilities are the gross result of the negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator shall not be deemed a part any of the Improvements subject to the Allowance described in Article 22.00 aboveLandlord Parties.

Back-up Generator. At A. Tenant shall be permitted, at its sole cost and expense, to install, connect to the Building, operate and maintain a back-up electrical generator and all related equipment such as above-ground fuel tanks, switching gear, conduit and equipment mounts (“Generator”) screened from public view to be located on the Leased Premises in a location mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. So long as Tenant’s back-up power is not interrupted, Landlord reserves the right to relocate the Generator from time to time at Landlord's cost and expense. B. The installation, maintenance, repair, replacement, removal and repair of any time during damage relating thereto, and all related costs, shall be the Termsole responsibility of Tenant, subject to Landlord's reasonable direction and control. Landlord shall have no obligation to provide fuel or any utilities to the Generator. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground storage tanks. Upon the expiration or termination of this Lease Agreement, Tenant shall have be obligated to remove the right to install in the Parking Garage (as defined in Exhibit B)Generator and all related or ancillary equipment, at a location reasonably designated by Landlordwiring, and maintain and exclusively use for Tenant’s own benefit, a diesel backup generator, the size and location to be consented to by Landlord (the generator and any substitutions and replacements thereof being the “Backup Generator”); provided, Tenant shall: (i) be solely responsible for the installation of the Backup Generator and connection to the Premises pursuant to plans and specifications approved by Landlord; (ii) be solely responsible for the maintenance, replacement (if necessary) and repairlike, and appearance of the Backup Generator, Tenant shall repair any damage caused by such removal in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease;method reasonably satisfactory to Landlord. (iii) disconnect the Backup C. The Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will shall be performed outside of Normal Business Hours and on weekends; (iv) be responsible used solely for the payment generation of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord access to the Backup Generator emergency power in the event of an emergency affecting and only for the Backup duration of a power outage, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order and that it complies with all applicable laws. The Generator shall be used solely for purposes of Tenant's business at the Building. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator;. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. (vii) D. Tenant shall not be required to pay rent for the right to install, connect, operate and maintain the Generator on the Leased Premises. E. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all claims and liabilities of every kind or nature related to the existence and operation of the Generator and/or the Landlord from any damage or liability arising from the Backup Generator (expressly including any spills of generator fuel)Generator, except to the extent that such damage or liability is caused by claims and liabilities are the gross result of the negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator shall not be deemed a part any of the Improvements subject to the Allowance described in Article 22.00 aboveLandlord Parties.

Back-up Generator. At any time during (a) During the Term, Tenant shall have the right be permitted to install and operate at its sole expense, one (1) back-up generator (“Generator”) in an appropriate location outside of the Parking Garage (as defined in Exhibit B)Building, at a location reasonably but on the Property, designated by LandlordLandlord and reasonably acceptable to Tenant, which location shall be provided to Tenant by Landlord for no additional Minimum Annual Rent, but subject to the reimbursement by Tenant of any applicable and reasonable costs (including costs to screen the area from view) actually incurred by Landlord with respect to the Generator. Tenant shall comply with the provisions of Sections 10, 12 and 13 of this Lease with respect to the installation and alteration of, and improvements to, the Generator, and the size, location, installation and screening from view of such Generator shall be subject to reasonable review and approval of Landlord. Tenant shall maintain the Generator in good order and exclusively use condition at its sole cost and expense. Tenant shall comply at all times with all applicable Laws with respect to the Generator and its installation, maintenance, operation and removal. Tenant shall obtain all necessary approvals for the Generator from all governmental authorities having jurisdiction over the installation and operation of the same, if applicable. Neither Tenant, nor Tenant’s own benefitagents, a diesel backup generator, the size and location to be consented to by Landlord (the generator and any substitutions and replacements thereof being the “Backup Generator”); provided, Tenant shall: (i) be solely responsible for the installation of the Backup Generator and connection to the Premises pursuant to plans and specifications approved by Landlord; (ii) be solely responsible for the maintenance, replacement (if necessary) and repair, and appearance of the Backup Generator, in a manner consistent with a Class A building and parking garage, and insuring it in the manner required by this Lease; (iii) disconnect the Backup Generator from the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal employees or contractors will be performed outside of Normal Business Hours and on weekends; (iv) be responsible for the payment of a Parking Space Charge for each Parking Space occupied by the Backup Generator in accordance with Section 28.25 above; (v) be responsible for any utility costs arising from the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord have access to the Backup Generator Generator, other than in the event of an emergency affecting or for its scheduled installation, maintenance or removal, without first giving Landlord the Backup opportunity to have its representative accompany such person. Landlord agrees to reasonably cooperate with Tenant, at no cost to Landlord, in connection with the installation of the Generator;. (viib) indemnify Tenant covenants and hold harmless Landlord from agrees that neither Tenant nor its agents, employees or contractors will cause any damage to the Building during the installation, operation, Maintenance or liability arising removal of the Generator. Provided that the Generator is in good working order and condition, Tenant shall leave the Generator in place and upon the expiration or termination of this Lease, the Generator shall become the property of Landlord; if the Generator is not in good working order, then at Landlord’s direction Tenant shall remove the same from the Backup Property at the expiration or termination of this Lease. Tenant shall take all necessary steps to ensure that all necessary approvals for the Generator, as obtained by Tenant pursuant to Section 34(a) above, are timely modified, reissued and transferred, as necessary, to reflect the Generator (expressly including any spills becoming the property of generator fuel), except Landlord. Tenant’s indemnification of Landlord pursuant to Section 8(e) of this Lease also applies to the extent such damage or liability is caused by Generator and Tenant’s use of any portion of the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or representativesProperty therefor. Notwithstanding anything The permission granted in this Lease Section 34 for Tenant to install and operate the contrary, the Backup Generator shall not be deemed a to make the portion of the Property affected thereby part of the Improvements subject to the Allowance described in Article 22.00 abovePremises for any purpose under this Lease.