Common use of Back-up Generator Clause in Contracts

Back-up Generator. Subject to compliance with Legal Requirements, Tenant shall have the right to install a back-up generator (or other emergency back-up equipment) for the exclusive use of Tenant (“Tenant’s Generator”) on the Property in such location as may be approved by Landlord in its sole and absolute discretion, in accordance with the provisions of this Section 29.15. Tenant shall furnish to Landlord detailed plans and specifications for Tenant’s Generator, the associated fuel tank (which shall be located above-ground) or other fuel supply source required for the operation of Tenant’s Generator (“Tenant’s Tank”) and all wires, lines, pipes, conduits and other apparatus in connection with Tenant’s Generator for Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon approval of such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees shall be competitive), shall have the right to install Tenant’s Generator and Tenant’s Tank, at Tenant’s expense. Tenant shall comply with all Legal Requirements in connection with the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance and repair thereof. Tenant shall be responsible for procuring whatever approvals, licenses or permits may be required for the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served thereby. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any such approvals, licenses, or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration of this Lease, Tenant shall, at Landlord’s sole option, remove Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith, in which event Tenant shall repair and restore the Property and Building to the condition that existing prior to such installation, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must at all times be independent of the Building’s electrical distribution system. Tenant shall supply its own emergency transfer switches in connecting Tenant’s Generator to its electrical system and shall not use the emergency switches existing in the Building. Tenant shall be responsible for all costs and expenses in connection with the use, operation and repair of Tenant’s Generator, including, without limitation, the cost of fuel necessary to operate Tenant’s Generator and all other utility costs in connection therewith. Tenant shall maintain and repair Tenant’s Generator in a first-class manner consistent with generators used by other first-class office buildings in the State of New Jersey.

Back-up Generator. Subject to compliance with Legal Requirementsthe provisions 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 install a back-up generator (or other emergency back-up equipmentcompliance with all Laws and Restrictions) for during the exclusive use of Tenant (“Tenant’s Generator”) on the Property in such location as may be approved by Landlord in its sole and absolute discretion, in accordance with the provisions of this Section 29.15. Tenant shall furnish to Landlord detailed plans and specifications for Tenant’s Generator, the associated fuel tank (which shall be located above-ground) or other fuel supply source required for the operation of Tenant’s Generator (“Tenant’s Tank”) and all wires, lines, pipes, conduits and other apparatus in connection with Tenant’s Generator for Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon approval of such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees shall be competitive), shall have the right to install Tenant’s Generator and Tenant’s TankLease 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 “Generator System”). Tenant may utilize a portion of the Tenant Improvement Allowance (as defined in the Work Letter) to defray the cost of acquisition and installation of the Generator System. Tenant shall comply 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 Legal Requirements in connection with the installation, use Laws and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance and repair thereofRestrictions. Tenant shall be responsible for procuring whatever approvals, licenses or permits may be required for 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 maintenance 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 Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served thereby. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any such approvals, licenses, or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration of this Lease, Tenant shall, at Landlord’s sole option, remove Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewithtrade fixtures, in which event Tenant shall repair and restore remove the Property and Building to the condition that existing prior to such installation, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must System at all times be independent its cost upon expiration of the Building’s electrical distribution systemLease Term. Tenant shall supply shall, at its own emergency transfer switches in connecting Tenant’s sole cost and expense, install any screening of such Generator to its electrical system System as may be required by Laws and shall not use the emergency switches existing in the BuildingRestrictions. Tenant shall be solely responsible for all costs maintaining, operating and expenses in connection with insuring the use, operation Generator System and repair of Tenant’s Generator, including, without limitation, the cost of fuel necessary to operate Tenant’s Generator paying any and all other utility costs in connection therewithtaxes or fees assessed upon such Generator System or its operation. Tenant shall maintain also be responsible for, and repair Tenant’s hereby agrees to indemnify, defend, 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 the Property) incurred by Landlord, resulting from the installation, maintenance, operation, use, presence or removal of the Generator in a first-class manner consistent with generators used by other first-class office buildings in the State of New JerseySystem.

Back-up Generator. Subject to compliance with Legal RequirementsDuring the Lease Term, Tenant shall have the right right, free of charge, to install use designated areas adjacent to or near the Building in a location mutually acceptable to Landlord and Tenant (collectively, the “Generator Pad License Area”), for the installation and use by Tenant during the Lease Term of a back-up generator (or other emergency back-up equipment) for the exclusive use of Tenant (“Tenant’s Generator”); provided, however, that (i) on the Property in such location as may be approved by Landlord in its sole and absolute discretion, in accordance with the provisions of this Section 29.15. Tenant shall furnish obtain all required approvals from the ARC (if any) with respect to Landlord detailed plans and specifications for Tenant’s the Generator, the associated fuel tank (which ii) Tenant shall be located above-ground) or other fuel supply source required for the operation of Tenant’s Generator (“Tenant’s Tank”) and all wires, lines, pipes, conduits and other apparatus in connection with Tenant’s Generator for obtain Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned, conditioned or delayed. Upon approval , of such plans the proposed size, location and specifications for Tenant’s aesthetic impact of the Generator, (iii) Tenant will at its sole cost comply with (1) all Applicable Laws, and (2) Landlord’s reasonable requirements from time to time, in any way relating to the Generator, and (iv) in the event the Generator Pad License Area is located in the Surface Lots (as defined in Exhibit D attached hereto) and any Parking Spaces are lost as a result of the installation of the Generator, such lost Parking Spaces shall be deducted from the number of Parking Spaces available to Tenant pursuant to Exhibit D. If, and only if, Landlord has notified Tenant, using Landlord’s contractor (whose fees shall be competitive)in writing, shall have at the right to install Tenant’s time Landlord initially approves the Generator and Tenant’s Tankthat Landlord will require removal upon the expiration or earlier termination of this Lease, then Tenant shall, at Tenant’s sole cost and expense, remove the Generator upon the expiration or earlier termination of this Lease (which removal shall include restoration of the Generator Pad License Area to the condition it was in prior to the installation of the same); provided, however, even if Landlord does not require removal, Tenant shall have the right, at its sole cost and expense, to remove the Generator upon the expiration or earlier termination of this Lease (which removal shall include restoration of the Generator Pad License Area to the condition it was in prior to the installation of the same). In the event Landlord does require removal of the Generator and Tenant fails to remove the same upon expiration or earlier termination of this Lease, Landlord may remove and dispose of the same and all costs incurred by Landlord in connection with such removal shall be payable by Tenant to Landlord on demand as Additional Rent. In the event Landlord does not require removal of the Generator and Tenant fails to remove the same upon expiration or earlier termination of this Lease, the Generator shall become the sole property of Landlord and Tenant shall have no further claim thereto. Tenant shall comply be solely responsible for the costs of the design, installation, operation, repair, maintenance and removal of the Generator, shall install, operate, repair and maintain the Generator in accordance with all Legal Requirements Applicable Laws and shall obtain any approvals or permits from governmental authorities and the ARC required in connection therewith. The Generator shall be installed by and remain the property of Tenant during the Lease Term. Subject to the provisions of Section 15 herein, Tenant shall protect, defend, indemnify and hold harmless Landlord from and against all claims, liabilities, losses, damages, costs, or expenses, including reasonable attorneys’ fees, fines, penalties, judgments, or obligations incurred by Landlord arising out of the design, or Tenant’s installation, operation, repair, maintenance or removal, of the Generator. Landlord shall reasonably cooperate with Tenant in connection with the design, installation, use and maintenance of Tenant’s Generatoroperation, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, userepair, maintenance and repair thereof. Tenant shall be responsible for procuring whatever approvals, licenses or permits may be required for and/or removal of the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served thereby. Landlord agrees that, at no out-of-pocket cost to Landlord, it shall cooperate including entering into any agreements with Tenant third party providers in Tenant’s pursuit of any such approvals, licenses, or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration of this Lease, Tenant shall, at forms reasonable acceptable to Landlord’s sole option, remove Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith, in which event Tenant shall repair and restore the Property and Building to the condition that existing prior to such installation, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must at all times be independent of the Building’s electrical distribution system. Tenant shall supply its own emergency transfer switches in connecting Tenant’s Generator to its electrical system and shall not use the emergency switches existing in the Building. Tenant shall be responsible for all costs and expenses in connection with the use, operation and repair of Tenant’s Generator, including, without limitation, the cost of fuel necessary to operate Tenant’s Generator and all other utility costs in connection therewith. Tenant shall maintain and repair Tenant’s Generator in a first-class manner consistent with generators used by other first-class office buildings in the State of New Jersey.

Back-up Generator. Subject Tenant, at Tenant’s sole cost and expense, shall have the right and option, subject to: (i) Landlord approval as provided in this Section 8; (ii) all applicable laws and township regulations; and (iii) approval of the Great Valley Owners Association, to compliance install a generator outside of the 50 VSP Space to furnish electrical power for Tenant’s operation in the Premises in the case of loss of commercial power. The generator shall be installed adjacent to the Building in an area determined by Landlord. The plans and specifications for the installation of such generator and its attachment to the Premises shall be subject to Landlord’s reasonable prior approval. The generator shall be screened, at Tenant’s sole cost and expense, in a manner reasonably acceptable to Landlord. Tenant shall operate, maintain and repair the generator in good condition and in accordance with Legal Requirementsapplicable laws throughout the term of the Lease at Tenant’s sole cost and expense. Tenant shall minimize the noise disturbance to others, including, but not limited to, scheduling testing during non-business hours. Tenant shall have the right and option to install a back-up remove the generator (or other emergency back-up equipment) for at any time during the exclusive use of Tenant (“Tenant’s Generator”) on the Property in such location as may be approved by Landlord in its sole and absolute discretion, in accordance with the provisions Term of this Section 29.15Lease. Tenant Landlord shall furnish to Landlord detailed plans and specifications for Tenant’s Generator, the associated fuel tank (which shall be located above-ground) or other fuel supply source required for the operation of Tenant’s Generator (“Tenant’s Tank”) and all wires, lines, pipes, conduits and other apparatus in connection with Tenant’s Generator for Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon approval of such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees shall be competitive), shall also have the right right, upon the expiration or any termination of the Lease, to install Tenant’s Generator and Tenant’s Tank, require Tenant to remove such generator at Tenant’s expense. Tenant shall comply with all Legal Requirements in connection with the installation, use sole cost and maintenance of Tenant’s Generator, Tenant’s Tank expense and all lines, wiring, pipes, conduits, other apparatus in connection therewith and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance and repair thereof. Tenant shall be responsible for procuring whatever approvals, licenses or permits may be required for the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served thereby. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any such approvals, licenses, or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration of this Lease, Tenant shall, at Landlord’s sole option, remove Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith, in which event Tenant shall repair and restore the Property property and Building to the condition that existing which existed prior to such installation, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must at all times be independent the installation of the Building’s electrical distribution system. Tenant shall supply its own emergency transfer switches in connecting Tenant’s Generator to its electrical system and shall not use the emergency switches existing in the Buildinggenerator. Tenant shall be responsible for all costs and expenses in connection with to repair damage caused to the use, operation and repair of Tenant’s Generator, including, without limitationBuilding, the cost property surrounding the Building, and any portions of fuel necessary the Building which connect such generator to operate Tenant’s Generator and the Premises, caused by such removal as well as all other utility costs in connection therewith. Tenant shall maintain and repair Tenant’s Generator in a first-class manner consistent with generators used by other first-class office buildings in the State of New Jerseyrestoration costs.

Back-up Generator. Subject to compliance with Legal Requirements, Tenant shall have the right right, upon Tenants request, to install a use up to Tenant’s Proportionate Share of capacity of the emergency back-up generator (or other emergency backthe “Back-up equipment) for the exclusive use of Tenant (“Tenant’s Up Generator”) on currently located in the Property in such location as may be approved 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 its sole to the Back-Up Generator (such as installing conduits, and absolute discretionconnections 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 Section 29.15. Tenant shall furnish to Landlord detailed plans Lease, and specifications for Tenant’s Generator, the associated fuel tank (which shall be located above-ground) or other fuel supply source required for the operation of Tenant’s Generator (“Tenant’s Tank”) subject to Landlords review and prior written consent in all wiresrespects, lines, pipes, conduits and other apparatus in connection with Tenant’s Generator for Landlord’s prior approval, which such approval shall not to be unreasonably withheld, conditioned, conditioned or delayed. Upon approval of such plans and specifications for Tenant’s In the event Tenant elects to tie-into the Back-Up Generator, TenantTenant shall pay, using as Additional Rent, within thirty (30) days after receipt of invoices therefor from Landlord’s contractor (whose fees , a pro rata share of the annual fuel and maintenance charges for the Back-Up Generator, which pro rata share shall be competitive)based on a ratio, shall have the right to install 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’s Generator and Tenant’s Tank, at Tenant’s sole cost and expense. Tenant shall comply with all Legal Requirements in connection with the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance and repair thereof. Tenant shall be responsible for procuring whatever approvals, licenses or permits may be required for the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served thereby. Landlord agrees thatentitled to install its own generator, at no cost a location to be approved by Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any such approvalsapproval not to be unreasonably withheld, licenses, conditioned or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration of this Lease, Tenant shall, at Landlord’s sole option, remove Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith, in which event Tenant shall repair and restore the Property and Building to the condition that existing prior to such installation, reasonable wear and tear and events of casualty and condemnation excepteddelayed. Tenant’s Generator must at all times installation of such generator shall be independent in accordance with Article 12 of the Building’s electrical distribution system. Tenant shall supply its own emergency transfer switches in connecting Tenant’s Generator to its electrical system this Lease and shall not use the emergency switches existing be in the Building. Tenant shall be responsible for compliance with all costs and expenses in connection with the use, operation and repair of Tenant’s Generator, including, without limitation, the cost of fuel necessary to operate Tenant’s Generator and all other utility costs in connection therewith. Tenant shall maintain and repair Tenant’s Generator in a first-class manner consistent with generators used by other first-class office buildings in the State of New Jerseyapplicable Laws.

Back-up Generator. Subject As an appurtenance to compliance with Legal Requirementsthe Premises, Tenant shall have the right right, upon Tenant’s request, to install a back-use up generator (or other to 20KW of capacity of the emergency back-up equipment) for electrical generator (the exclusive use of Tenant (“Tenant’s Back-Up Generator”) on currently located in the Property in such location as may be approved 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 Tenant’s tie-in its sole to the Back-Up Generator (such as installing conduits, and absolute discretionconnections from the Back-Up Generator to the Premises) shall be considered to be an Alteration, shall be performed in accordance with the provisions of this Section 29.15. Tenant shall furnish to Landlord detailed plans and specifications for Tenant’s Generator, the associated fuel tank (which shall be located above-ground) or other fuel supply source required for the operation of Tenant’s Generator (“Tenant’s Tank”) and all wires, lines, pipes, conduits and other apparatus in connection with Tenant’s Generator for Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon approval of such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees shall be competitive), shall have the right to install Tenant’s Generator and Tenant’s Tank, at Tenant’s expense. Tenant shall comply with all Legal Requirements in connection with the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance and repair thereof. Tenant shall be responsible for procuring whatever approvals, licenses or permits may be required for the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served thereby. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any such approvals, licenses, or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration 6.2.5 of this Lease, Tenant shalland, at unless approved by Landlord in connection with approval of the Construction Documents for Tenant’s Work pursuant to Section 3.3, shall be subject to Landlord’s sole optionreview and prior written approval in all respects. In the event Tenant elects to tie-into the Back-Up Generator, remove 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 Tenant’s Generatortotal 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; provided, however, Tenant’s Tank pro rata share of such annual fuel and all linesmaintenance charges for the Back-Up Generator payable hereunder shall not exceed $1,500.00 per year (the “Annual Generator Cost Cap”); provided, wiringhowever, pipesif either (a) in the event that the public utility provider has a power outage that results in a power outage at the Building for more than six (6) hours, conduits, other apparatus in connection therewithor (b) Tenant otherwise elects - to run the Back-Up Generator for more than six (6) consecutive hours, in which event Tenant shall repair and restore the Property and Building to the condition that existing prior to such installationevent, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must at all times be independent of the Building’s electrical distribution system. Tenant shall supply its own emergency transfer switches in connecting Tenant’s Generator to its electrical system and shall not use the emergency switches existing in the Building. Tenant shall be responsible for all costs and expenses in connection with the use, operation and repair of Tenant’s Generator, including, without limitation, then the cost of fuel necessary to operate Tenant’s used for the Back-Up Generator during such outage or in excess of six (6) consecutive hours shall be excluded from the Annual Generator Cost Cap and all other utility costs in connection therewith. Tenant shall maintain and repair Tenant’s pay its pro rata share for such fuel used for the Back-Up Generator in a first-class manner consistent with generators used by other first-class office buildings in during such outage based on the State of New Jerseyratio above.

Back-up Generator. Subject to compliance with Legal Requirementsthe terms 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 a back-up generator (or other emergency back-up equipment) for the exclusive use of Tenant (“Tenant’s Generator”) on the Property install, in such location exterior area of the Project as may be approved 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 preceding sentence shall be double-lined, vented and shall be equipped with leak detection alarms and otherwise acceptable to Landlord, in its sole and absolute reasonable discretion. Prior to installing a Generator, in accordance with the provisions of this Section 29.15. Tenant shall furnish to first submit plans and specifications therefor for Landlord’s approval. Landlord detailed may require as a condition of its approval of the plans and specifications for Tenant’s the Generator, among other things, that Tenant install such protective modifications to the associated fuel tank area where the Generator is located as Landlord deems necessary to prevent or contain any release or spill of Hazardous Materials (which as defined in 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 located above-ground) or other fuel supply source required for the operation of Tenant’s Generator (“Tenant’s Tank”) and all wiresacceptable to Landlord, lines, pipes, conduits and other apparatus in connection with Tenant’s Generator for Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon approval of such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees shall be competitive), shall have the right to install Tenant’s Generator and Tenant’s Tank, at Tenant’s expensereasonable discretion. Tenant shall comply install the Generator at its sole cost and expense in a good and workmanlike manner in accordance with all Legal Requirements in connection with the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank any and all linesapplicable laws, wiringstatutes, pipes, conduits, other apparatus in connection therewith codes and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance and repair thereofordinances of applicable governmental agencies. Tenant shall be responsible for procuring whatever approvalsoperate the Generator in accordance with Paragraph 6 of this Lease, licenses or permits may be required for the installationall applicable Laws relating to Hazardous Materials, use and maintenance of Tenant’s Generator, Tenant’s Tank and all linesother applicable laws, wiringstatutes, pipescodes and regulations of applicable governmental authorities. In furtherance of the preceding sentence, conduitsbut 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 apparatus in connection therewith and the related support systems governmental approvals required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or and/or operation of any equipment served thereby. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any such approvals, licenses, or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration of this Lease, Tenant shall, at Landlord’s sole option, remove Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith, in which event Tenant shall repair and restore the Property and Building to the condition that existing prior to such installation, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must at all times be independent of the Building’s electrical distribution system. Tenant shall supply its own emergency transfer switches in connecting Tenant’s Generator to its electrical system and shall not use the emergency switches existing in the Building. Tenant shall be responsible for all costs and expenses in connection with the use, operation and repair of Tenant’s Generator, including, without limitation, all necessary permits required by the cost City of fuel necessary to operate Tenant’s Generator San Xxxx, the Bay Area Air Quality Management District, State of California and all other utility costs 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 Tenant’s sole cost and expense, for the installation of any electrical and/or water connections between the Generator and the Premises. If, after the 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 expiration of the term of this Lease (as the same may be extended), Tenant shall, at Tenant’s sole cost and expense, remove such modified and/or replaced Generator (it 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 maintain be solely responsible for any and repair 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 thereof), operation, repair, replacement and, subject to the 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 Generator in a first-class manner consistent with generators used by other first-class office buildings in ownership, operation, maintenance and use of the State of New JerseyGenerator.

Back-up Generator. Subject As an appurtenance to compliance with Legal Requirementsthe Premises, Tenant shall have the right right, upon Tenant’s request, to install a back-use up generator (or other to 20KW of capacity of the emergency back-up equipment) for electrical generator (the exclusive use of Tenant (“Tenant’s Back-Up Generator”) on currently located in the Property in such location as may be approved 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 Tenant’s tie-in its sole to the Back-Up Generator (such as installing conduits and absolute discretionconnections from the Back-Up Generator to the Premises) shall be considered to be an Alteration, shall be performed in accordance with the provisions of this Section 29.15. Tenant shall furnish to Landlord detailed plans and specifications for Tenant’s Generator, the associated fuel tank (which shall be located above-ground) or other fuel supply source required for the operation of Tenant’s Generator (“Tenant’s Tank”) and all wires, lines, pipes, conduits and other apparatus in connection with Tenant’s Generator for Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon approval of such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees shall be competitive), shall have the right to install Tenant’s Generator and Tenant’s Tank, at Tenant’s expense. Tenant shall comply with all Legal Requirements in connection with the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance and repair thereof. Tenant shall be responsible for procuring whatever approvals, licenses or permits may be required for the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served thereby. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any such approvals, licenses, or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration 6.2.5 of this Lease, Tenant shalland, at unless approved by Landlord in connection with approval of the Construction Documents for Tenant’s Work pursuant to Section 3.3, shall be subject to Landlord’s sole optionreview and prior written approval in all respects. In the event Tenant elects to tie-into the Back-Up Generator, remove 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 Tenant’s Generatortotal 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; provided, however, Tenant’s Tank pro rata share of such annual fuel and all linesmaintenance charges for the Back-Up Generator payable hereunder shall not exceed $1,500.00 per year (the “Annual Generator Cost Cap”); provided, wiringhowever, pipesif either (a) in the event that the public utility provider has a power outage that results in a power outage at the Building for more than six (6) hours, conduits, other apparatus in connection therewithor (b) Tenant otherwise elects to run the Back-Up Generator for more than six (6) consecutive hours, in which event Tenant shall repair and restore the Property and Building to the condition that existing prior to such installationevent, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must at all times be independent of the Building’s electrical distribution system. Tenant shall supply its own emergency transfer switches in connecting Tenant’s Generator to its electrical system and shall not use the emergency switches existing in the Building. Tenant shall be responsible for all costs and expenses in connection with the use, operation and repair of Tenant’s Generator, including, without limitation, then the cost of fuel necessary to operate Tenant’s used for the Back-Up Generator during such outage or in excess of six (6) consecutive hours shall be excluded from the Annual Generator Cost Cap and all other utility costs in connection therewith. Tenant shall maintain and repair Tenant’s pay its pro rata share for such fuel used for the Back-Up Generator in a first-class manner consistent with generators used by other first-class office buildings in during such outage based on the State of New Jerseyratio above.

Back-up Generator. Subject to compliance with Legal Requirementsthe terms and conditions set forth below, Tenant shall have the right to install on the roof of the Building, at Tenant's sole expense, in a backlocation determined by Landlord, one (1) Back-up generator Generator (or other emergency backhereinafter defined). As used herein, the term "Back-up equipment) for Generator" shall mean an electric power supply generator having the exclusive use size and characteristics and powered by the type of Tenant (“Tenant’s Generator”) on the Property in such location as may be fuel approved by Landlord in its sole discretion. Prior to the installation of the Back-up Generator by Tenant: (i) Landlord shall reasonably approve the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and absolute governmental approvals required for the installation of the Back-up Generator; (iii) Tenant and 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 Building which are necessary to accommodate same, all in accordance with the provisions of this Section 29.15all applicable Federal, state and local laws, statutes and ordinances, including without limitation all environmental laws. Tenant shall furnish 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 fully screened from view and sound in a manner directed by Landlord which shall include without limitation the installation of an additional screening wall and sound baffling if required by 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 detailed plans to inspect the Back-up Generator at least twice yearly to insure that such equipment is functioning properly and specifications for Tenant’s Generator, that no hazardous materials are emanating therefrom; (C) maintain the associated fuel tank Back-up Generator in good order and repair; (which shall be located above-groundD) or other fuel supply source 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 operation of Tenant’s 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 the inspection, maintenance and repair of the Back-up Generator, and Tenant shall provide such service contracts to Landlord on demand. Should Tenant fail to properly maintain or repair such equipment (“Tenant’s Tank”after Landlord provides Tenant notice and 5 days within which to do so) and all wiresor, linesupon Landlord's request, pipesto enter into the service contracts described above, conduits and other apparatus in connection with Tenant’s Generator for Landlord’s prior approvalLandlord may, which approval but shall not be unreasonably withheldobligated to, conditionedundertake such maintenance or repairs or enter into such service contracts, or delayed. Upon approval of and all such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees costs shall be competitive), shall have the right to install Tenant’s Generator and Tenant’s Tank, at Tenant’s expenseconstitute Additional Rent hereunder. Tenant shall comply with indemnify Landlord and hold it harmless from and against all Legal Requirements in connection with the installationclaims, use and maintenance liability, damage or costs, including reasonable attorneys' fees, suffered or sustained by Landlord which arise out of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance operation or removal of the Back-up Generator. Tenant expressly acknowledges and repair thereofagrees that, notwithstanding the fact that Landlord has permitted Tenant to install the Back-up Generator, Tenant shall remain liable under this Lease for all claims, damages, costs or liabilities suffered or sustained by Landlord which arise out of the presence of hazardous materials which were brought to the Building (including without limitation the land on which the Building is located) by Tenant, its employees, agents, contractors, licensees or invitees. 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 installation of such equipment. Tenant shall be responsible obtain at Tenant's expense all permits and governmental approvals necessary for procuring whatever approvals, licenses or permits may be required for the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served thereby. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any such approvals, licenses, or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration of this Lease, Tenant shall, at Landlord’s sole option, remove Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith, in which event Tenant shall repair and restore the Property and Building to the condition that existing prior to such installation, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must at all times be independent of the Building’s electrical distribution systemremoval. Tenant shall supply hereby indemnifies Landlord (and its own emergency transfer switches in connecting Tenant’s Generator successors and assigns) and agrees to hold it harmless from and against all loss, costs, claims, liabilities, injury or damage (including reasonable attorneys' fees) incurred or sustained by Landlord (or its electrical system and shall not use the emergency switches existing in the Building. Tenant shall be responsible for all costs and expenses successors or assigns) in connection with or arising out of such removal of the useBack-up Generator or the Conduit, operation and repair of Tenant’s Generator, including, including without limitation, the cost of fuel necessary to operate Tenant’s Generator and limitation all other utility costs incurred in connection therewith. Tenant shall maintain and repair Tenant’s Generator in a first-class manner consistent with generators used by other first-class office buildings in the State of New Jerseysuch removal.

Back-up Generator. Subject to compliance with Legal RequirementsDuring the Term, Tenant shall (subject to the terms hereof, including, without limitation, receipt of Landlord’s approval as hereinafter set forth) have the right to install use a back-up generator portion of the rooftop of the Building designated by Landlord (the “Rooftop Premises”) (or other emergency back-up equipmentto use an outdoor location on the Property designated by Landlord (the “Outdoor Pad Area”)) for the exclusive use installation by Tenant of Tenant a back up generator and related cables (any back up generator and related equipment installed within the Rooftop Premises or in the Outdoor Pad Area together with all related cabling connecting the back up generator to the Premises, as the same may be modified, altered or replaced during the Term, is collectively referred to herein as “Tenant’s GeneratorBack Up Generator Equipment”) ). If the backup generator is located outdoors, it shall be placed on the Property in such location as may be approved a concrete pad purchased and installed by Landlord in Tenant at its sole and absolute discretion, in accordance with the provisions of this Section 29.15. Tenant shall furnish to Landlord detailed plans and specifications for Tenant’s Generator, the associated fuel tank (expense which shall be located above-ground) or other fuel supply source protected by the installation of bollards as required for by Landlord (and, in such case, the operation concrete pad and bollards shall be deemed to be included as part of Tenant’s Back Up Generator (“Equipment). The entire cost of purchase and installation of the Tenant’s Tank”) Back Up Generator Equipment and all wires, lines, pipes, conduits and other apparatus in connection with any outdoor concrete pad shall be borne by Tenant’s Generator for . Landlord’s prior approval, which approval of such Back Up Generator Equipment (and the location thereof on either the Rooftop Premises or the Outdoor Pad Area) shall not be unreasonably withheld, conditionedconditioned or delayed provided Tenant demonstrates to Landlord’s reasonable satisfaction that the proposed equipment (i) does not interfere with any base building equipment operated by Landlord or other tenants on the roof; (ii) will not affect the structural integrity of the Building or adversely impact the roof or the roof membrane in any manner; (iii) shall, or delayed. Upon approval if located in the Outdoor Pad Area be adequately screened (except if located next to dumpster) so as to minimize the visibility of such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor equipment; (whose fees iv) shall be competitive)adequately sound-proofed to meet all legal requirements and (v) all cabling between the Premises and the back up generator is located in shafts, shall have chases, risers and conduits within the right to install Tenant’s Generator Building (the “Cable Passageways”) as first approved by Landlord (which approval will not be unreasonably withheld) and Tenant’s Tank, at Tenant’s expense. Tenant shall comply does not interfere with all Legal Requirements in connection any building systems or operations nor with the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, any wiring, pipescables, conduits, other apparatus in connection therewith and Tenant shall keep conduits located therein from time to time nor the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance and repair thereof. Tenant shall be responsible for procuring whatever approvals, licenses or permits may be required for the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for the installation and use of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served therebyby the same. Landlord agrees thatTenant acknowledges that placement of the Back Up Generator on the Rooftop Premises will require cutting of the roof and modifications to and reinforcement of the bar joists, at no cost structural steel and I-beams in and around the area of the Rooftop Premises (as well as related roof cuts and repairs to Landlord, it shall cooperate with Tenant in the roof and roof membrane) and roof penetrations to accommodate electrical wiring and cables related to Tenant’s pursuit Back Up Generator Equipment and other work related thereto as required by Landlord (all such work being hereinafter referred to as the “Roof Reinforcement Work”). The Roof Reinforcement Work shall be performed by Landlord but all costs and expenses (collectively, the “Roof Reinforcement Costs”) incurred by Landlord in connection with the Roof Reinforcement Work shall be paid for by Tenant. Without limiting the generality of any such approvalsthe foregoing, licenses, or permits, which cooperation the term “Roof Reinforcement Costs” shall include executing any necessary owner’s consent forms. Upon termination or expiration the cost of this Leaseall plans and specifications related thereto, Tenant shall, at Landlord’s sole option, remove Tenant’s Generator, Tenant’s Tank the cost of all permits related thereto and the cost of all lines, wiring, pipes, conduits, other apparatus in connection therewith, in which event Tenant shall repair work and restore the Property and Building to the condition that existing prior to such installation, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must at all times be independent of the Building’s electrical distribution systemequipment related thereto. Tenant shall supply its own emergency transfer switches pay to Landlord 50% of the Roof Reinforcement Costs as estimated by Landlord prior to commencement the Roof Reinforcement Work with the balance to be paid within fifteen (15) days after being billed therefor by Landlord. Tenant shall also reimburse Landlord for all engineering and architectural costs incurred by Landlord in connecting Tenant’s Generator connection with the preparation and/or review of plans and specifications related to its electrical system the Roof Reinforcement Work within fifteen (15) days after being billed therefor. In addition, if the back up generator is located on the Rooftop Premises, Tenant shall install a separate gas meter to measure use and consumption of gas in connection with the operation of the back up generator and shall not use pay directly to the emergency switches existing in utility company all bills related thereto when and as the Buildingsame are due and payable. The cost of installation of such gas meter as well as the cost of repair, maintenance and replacement thereof shall be borne solely by Tenant. Although ignition of the gas generator may be powered by electricity, operation of the back up generator will be powered by natural gas and Tenant shall be responsible for all costs and expenses related to connection of the back up generator to gas service available to the Building, and the actual timing, method and means of such gas hookup and connection shall be subject to the reasonable approval of Landlord. Tenant shall not install or operate Tenant’s Back Up Generator Equipment until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses, and authorizations necessary for the installation and operation thereof. In addition, Tenant shall comply with all reasonable construction rules and regulations promulgated by Landlord in connection with the useinstallation, maintenance and operation and repair of Tenant’s Generator, Back Up Generator Equipment. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the Rooftop Premises, the Pad Area or to Tenant’s Back Up Generator Equipment (except that Tenant, at its expense, may power the Back Up Generator’s start up/ignition requirements using the Building electric service, all subject to Landlord’s reasonable approval) and connect to the Building gas line on the roof of the Building as provided hereinabove. Tenant shall be responsible for the cost of fuel necessary to operate repairing and maintaining Tenant’s Back Up Generator Equipment and all other utility costs in connection therewithshall have a right, upon reasonable prior notice to Landlord, of access to the roof twenty-four (24) hours per day, seven (7) days per week for such purposes. Tenant shall maintain also be responsible for the cost of repairing any damage to the Building (or Property), and repair the cost of any necessary improvements to the Building (or Property), caused by or as a result of the installation, replacement, operation and/or removal of Tenant’s Back Up Generator Equipment. Landlord makes no warranties or representations to Tenant as to the suitability of the Rooftop Premises, the Pad Area or the Cable Passageways for the installation and operation of Tenant’s Back Up Generator Equipment. If any of Tenant’s work on the roof of the Building or Pad Area or related to the Cable Passageways. including without limitation the installation and maintenance of Tenant’s Back Up Generator Equipment, damages the roof, the Property or Cable Passageways or invalidates or adversely affects any warranty, Tenant shall be fully responsible for the cost of repairs related thereto (and any subsequent repairs to the roof to the extent that arty warranty is invalidated or adversely affected (provided that no claim under the provisions set forth in a first-class manner consistent this parenthetical may be asserted by Landlord after the date (the “Claim Date”) which is one (1) year after expiration or earlier termination of this Lease unless written notice of such claim is given to Tenant on or prior to the Claim Date)). In the event that at any time during the Term, Landlord determines, in its sole but bona fide business judgment, that the operation and/or periodic testing of Tenant’s Back Up Generator Equipment interferes with generators used the operation of the Building or the business operations of any of the occupants of the Building, then Tenant shall, upon notice from Landlord, cause all further testing of Tenant’s Back Up Generator Equipment to occur after normal business hours (hereinafter defined). Tenant’s Back Up Generator Equipment shall constitute part of Tenant’s Removable Property which is to be removed by other first-class office buildings Tenant, at its sole expense, pursuant to Section 14.21 hereof except that Tenant shall not (in connection with its obligation to repair any damage to the State Building caused by removal of New Jerseythe Tenant’s Back Up Generator Equipment) be required to remove or restore any bar joints, structural steel or I beams which are cut or added as part of the Roof Reinforcement Work (but Tenant shall repair and restore any damage to the roof and roof membrane related to the presence of the Back Up Generator Equipment and/or its removal).

Back-up Generator. 34.1 Subject to compliance with Legal Requirementsthe terms of this Article 34 and other applicable provisions of this Lease, Tenant shall have may, at its sole cost and expense throughout the right Term, install, maintain, repair, replace, alter and operate (i) an emergency electric generator and related equipment and facilities, including, without limitation, a concrete slab below the generator, (collectively, the “Generator”) to install provide a back-up generator (or other emergency back-up equipment) electricity source for certain equipment used by Tenant in the exclusive use of Tenant (“Tenant’s Generator”) Premises, in an area on the Property in such location as may to be approved designated by Landlord (the “Generator Location Area”) and (ii) transmission lines, wires, cables, risers and conduits (collectively, “Generator Conduits”) through conduit space in its sole and absolute discretion, in accordance with the provisions of this Section 29.15. Tenant shall furnish to Building reasonably designated by Landlord detailed plans and specifications for Tenant’s Generator, the associated fuel tank (which shall be located above-ground) or other fuel supply source required for the operation of Tenant’s the Generator, (the Generator and the Generator Conduits and any alterations thereto or replacements thereof being called herein collectively, the “Generator Equipment”). To exercise said right, Tenant shall submit to Landlord for its approval (“Tenant’s Tank”) and all wires, lines, pipes, conduits and other apparatus in connection with Tenant’s Generator for Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned, denied or delayed. Upon approval ) (x) a detailed description of such the proposed Generator Equipment and (y) plans and specifications in form reasonably satisfactory to Landlord for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees the Generator Equipment. Said plans and specifications shall be competitive), shall have the right to install Tenant’s Generator and Tenant’s Tank, at Tenant’s expense. Tenant shall comply in compliance with all Legal Requirements in connection and Insurance Requirements. Within thirty (30) days after receipt of said description and said plans and specifications, Landlord shall notify Tenant whether Landlord approves or disapproves the installation of the proposed Generator Equipment. Tenant acknowledges that Landlord’s review and approval rights with respect to the Generator Equipment shall include, but shall not be limited to, consideration of the size, weight, affect on Building systems, affect on other tenants and occupants of the Building, aesthetics and manner of attachment and installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and Tenant shall keep the Premises, Building and Land free and clear from liens arising from or related to the installation, use, maintenance and repair thereof. Tenant shall be responsible for procuring whatever approvals, licenses or permits may be required for the installation, use and maintenance of Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith and the related support systems required for affect on the installation and use character of Tenant’s Generator and Tenant’s Tank and the related support systems or operation of any equipment served thereby. Landlord agrees that, at no cost to Landlord, it shall cooperate with Tenant in Tenant’s pursuit of any such approvals, licenses, or permits, which cooperation shall include executing any necessary owner’s consent forms. Upon termination or expiration of this Lease, Tenant shall, at Landlord’s sole option, remove Tenant’s Generator, Tenant’s Tank and all lines, wiring, pipes, conduits, other apparatus in connection therewith, in which event Tenant shall repair and restore the Property and Building to the condition that existing prior to such installation, reasonable wear and tear and events of casualty and condemnation excepted. Tenant’s Generator must at all times be independent of the Building’s electrical distribution system. Tenant shall supply its own emergency transfer switches in connecting Tenant’s Generator to its electrical system and shall not use the emergency switches existing in the Building. Tenant If Landlord disapproves the proposed Generator Equipment, Landlord shall be responsible specify the reasons for all costs and expenses such disapproval in connection with the use, operation and repair of Tenant’s Generator, including, without limitation, the cost of fuel necessary to operate Tenant’s Generator and all other utility costs in connection therewith. Tenant shall maintain and repair Tenant’s Generator in a first-class manner consistent with generators used by other first-class office buildings in the State of New Jerseysaid notice.