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 (a) Effective as of the Term Commencement Date, Landlord agrees to compliance with Legal Requirements, grant to Tenant a license to use a portion of the ground next to the Building and enjoy 24-hour access thereto (the "Ground License") at a technologically sufficient location reasonably designated by Landlord and reasonably acceptable to Tenant (the "Ground Installation Area"). Tenant shall also have the right a license, subject 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 11.1, 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, install lines, pipes, conduits and wires through the Building necessary or appropriate to connect the Generator (as defined below) to the Premises and operate the same for its intended purposes. The Ground Installation Area is to be used by Tenant solely for the installation, operation, maintenance, repair and replacement during the Term of this Lease of a back-up ground level generator and related fuel supply and infrastructure comparable to Landlord's existing 850KVA facility, to support Tenant's data center and other apparatus Tenant critical facilities and equipment (the "Generator"). Tenant's installation and operation of the Generator and its obligations with respect thereto shall be all in connection accordance with the terms, provisions, conditions and agreements contained in this Lease. (b) Tenant shall install the Generator in the Ground Installation Area at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the applicable provisions of this Lease (including, without limitation, Section 3.2, Section 5.5 and Section 5.9). Landlord shall not be obligated to perform any work or incur any expense to prepare the Ground Installation Area for Tenant’s 's use thereof. (c) Tenant shall not install or operate the Generator for until it receives prior written approval from Landlord’s prior approval, which approval Landlord agrees shall not be unreasonably withheld, conditioned, or delayed, provided, and on the condition that Tenant complies with all of the requirements of this Lease (including, without limitation, Section 3.2, Section 5.9 and this Article XI). Upon Prior to commencing such installation, Tenant shall provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the operation of the Generator; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Generator. Landlord may withhold approval of such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees shall the Generator if the installation or operation of the Generator reasonably would be competitive), shall have expected to damage the right to install Tenant’s Generator and Tenant’s Tank, at Tenant’s expensestructural integrity of the Building. Tenant shall comply with all Legal Requirements agrees to reimburse Landlord for reasonable expenses incurred in connection with the review and approval of Tenant's plans showing the proposed installation of the Generator. (d) Tenant covenants that (i) Tenant shall repair any damage to the Land or Building caused by the installation or operation of the Generator, (ii) the installation and operation of the Generator on the ground shall not cause interference with any telecommunications, mechanical or other systems either located or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building, and (iii) the installation, existence, maintenance and operation of the Generator shall not constitute a violation of any applicable laws, ordinances, rules, order, regulations, etc., of any Federal, State, or municipal authorities having jurisdiction thereover, or constitute a nuisance or interfere with the use and maintenance enjoyment of the premises of any other tenant in the Building. (e) The term of the Ground License shall be deemed to commence on the Term Commencement Date and expire on the expiration or earlier termination of the Term of this Lease. (f) Tenant shall pay to Landlord as Additional Rent (the "Generator Rent"), all applicable taxes or governmental charges, fees, or impositions imposed upon Landlord (excluding Taxes) and arising out of Tenant’s 's use of the Ground Installation Area, and the amount, if any, by which Landlord's insurance premiums increase as a result of the installation of the Generator. (g) Tenant covenants and agrees that the installation, Tenant’s Tank operation and removal of the Generator will be at its sole risk. Tenant agrees to indemnify and defend Landlord and all linesother Indemnitees (as defined in Section 5.5.1) against all claims, wiringactions, pipesactual and punitive damages, conduits, other apparatus liabilities and expenses including reasonable attorney's fees by counsel of Landlord's choice incurred in connection therewith and Tenant shall keep with the Premisesloss of life, Building and Land free and clear from liens personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising from or related to out of the installation, use, maintenance and repair thereof. operation, or removal of the Generator by Tenant shall be responsible for procuring whatever approvalsor its transferee, licenses or permits may be required for the installation, use and maintenance including any liability arising out of Tenant’s Generator's violation of its obligations under paragraph (d) of this Article XI (except if such liability is caused by the gross negligence or willful misconduct of Landlord or its employees, Tenant’s Tank and all linesagents, wiring, pipes, conduits, other apparatus in connection therewith and or contractors). (h) Within fifteen (15) days following the related support systems required for expiration or earlier termination of the installation and use Lease or the permanent termination 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 the Generator by 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 its sole optioncost and expense, (i) remove Tenant’s Generatorthe Generator from the Ground Installation Area and the Building in accordance with the terms hereof, Tenant’s Tank (ii) leave the Ground Installation Area in good order 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 installationrepair, reasonable wear and tear excepted and events of casualty (iii) pay all amounts due and condemnation excepted. Tenant’s Generator must at all times be independent owing with respect to the Ground License up to the date of the Building’s electrical distribution systemtermination thereof. If Tenant shall supply its own emergency transfer switches in connecting Tenant’s does not remove the Generator to its electrical system when so required, at Landlord's election, Landlord may remove and shall not use dispose of the emergency switches existing in the Building. Generator and charge Tenant shall be responsible for all costs and expenses incurred as Additional Rent. Notwithstanding that Tenant's use of the Ground Installation Area shall be subject at all times to and shall be in connection accordance with the useterms, operation covenants, conditions and repair of Tenant’s Generator, including, without limitationagreements contained in this Lease, the cost Ground Installation Area shall not be deemed part of fuel necessary the Premises. All Tenant obligations under this Section 11.1 shall survive the Term of this Lease. Executed to operate Tenant’s Generator and all other utility costs in connection therewithtake effect as a sealed instrument. Tenant shall maintain and repair Tenant’s Generator in a firstLANDLORD: 404 XXXXX LLC By: Manager TENANT: MAC-class manner consistent with generators used by other firstGRAY SERVICES, INC. By: Name: Title: President/Vice-class office buildings in the State President By: Name: Title: Treasurer/Assistant Treasurer 38 EXHIBIT A Plan of New Jersey.Premises 39 EXHIBIT B Initial Construction

Back-up Generator. Subject to compliance with Legal Requirements, Tenant shall have may (until the right earlier of the expiration or earlier termination of the Lease Term), at Tenant's sole cost and expense, subject 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 Lease, install [***] ([***]) or more back-up generators (collectively, the "Generators"), at locations within or outside the Premises to Landlord detailed be mutually agreed upon by the parties (and pursuant to 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 approved in connection with Tenant’s Generator for advance by Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned, or delayed. Upon approval including as to the make and model of such plans and specifications the Generators) for Tenant’s Generatorexclusive use. The Generators, and Tenant's rights with respect thereto, using Landlord’s contractor (whose fees shall be competitive), shall have subject to the right to install Tenant’s Generator additional following terms and Tenant’s Tank, at Tenant’s expense. conditions: (a) Tenant shall comply with pay Landlord, within [***] ([***]) days after demand, all Legal Requirements actual out-of-pocket costs and expenses reasonably incurred by Landlord for any architectural, engineering, supervisory 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 GeneratorGenerators, including, without limitation, Landlord's review of the plans and specifications for the Generators; provided, however, if the Generators are approved and installed as part of the initial Tenant Improvements (as described in Exhibit C), then Tenant shall pay the project management fee referenced in the Work Letter attached hereto as Exhibit C, but shall not additionally be required to reimburse Landlord costs under this Section 46. All costs and expenses associated with the Generators, including, without limitation, all costs and expenses relating to soundproofing, screening, compliance with all Legal Requirements, rules, regulations and ordinances, safety, protection of property, installation, noise reduction, environmental monitoring and remediation, maintenance, repairs, replacements and removal, in each case to the extent reasonably necessary, shall be paid for by Tenant, promptly upon demand, at Tenant's sole cost and expense; without limiting the other terms of fuel necessary this Lease, Landlord may require that Tenant implement, at Tenant's sole cost and expense, any or all of the foregoing items set forth in this sentence (i.e., soundproofing, screening, etc.) as Landlord reasonably deems appropriate. Tenant shall deliver to operate Landlord full and complete plans and specifications with respect to the Generators, which shall be subject to the prior written approval of Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Landlord's review of such plans and specifications shall be for its own benefit only, and Landlord shall have no liability to Tenant in connection with such review. Tenant shall ensure that the Generators comply at all times with Landlord's commercially reasonable rules and regulations that Tenant has received written notice of, and with all Legal Requirements, in all respects. Tenant shall ensure that the presence and use of the Generators does not unreasonably disturb or unreasonably interfere with any adjacent properties (or their owners or occupants) and does not create a nuisance or unreasonably interfere with any other tenants of the Premises (if any) or Landlord's activities in the Premises. Except as otherwise set forth herein, the Generators (and each element thereof) shall be considered a "Tenant’s Generator -Made Alteration" under this Lease (and shall accordingly be subject to all of the terms of Paragraph 12 of this Lease, except that Tenant shall be required to remove the Generators on or before the expiration or earlier termination of the Lease Term, and Tenant, at its sole expense, shall repair any and all damage caused by such removal on or before the expiration or earlier termination of the Lease Term). Without limiting the foregoing, Landlord shall have the right, at any time in the case of emergency and upon reasonable prior notice and affording Tenant an opportunity to have a representative present at other utility costs times, to have access to the Generators, and may take whatever reasonable steps Landlord deems advisable to protect the Premises and Landlord's interest therein in connection therewith. . (b) Tenant agrees to have its commercial general public liability insurance insure against all Claims related to the Generators in the amounts and in accordance with the terms set forth in this Lease. (c) Tenant's indemnification of Landlord and the Landlord Indemnities pursuant to Paragraph 18(a) above shall apply fully with respect to any and all Claims arising out of or in connection with the Generator, and Tenant shall maintain repair all damage to the Premises and repair Tenant’s Generator the Building contained therein arising in a first-class manner consistent connection with generators used by other first-class office buildings in the State of New Jersey.the

Back-up Generator. Subject to compliance with Legal RequirementsRequirements and the Private Restrictions, Tenant shall have may (until the right earlier of the expiration or earlier termination of the Lease Term), at Tenant's sole cost and expense, subject to the provisions of this Lease, install a one (1) back-up generator (or other emergency back-up equipment) for the exclusive use of Tenant "Generator"), at a location to be mutually agreed upon by the parties (“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 pursuant 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 approved in connection with Tenant’s Generator for advance by Landlord’s prior approval, which approval shall not be unreasonably withheld, conditioned, or delayedincluding as to the make and model of the Generator). Upon approval of such plans and specifications for Tenant’s The Generator, and Tenant's rights with respect thereto, using Landlord’s contractor (whose fees shall be competitive), shall have subject to the right to install Tenant’s Generator additional following terms and Tenant’s Tank, at Tenant’s expense. conditions: (a) Tenant shall comply with pay Landlord, within thirty (30) days after demand, all Legal Requirements costs and expenses reasonably incurred by Landlord for any architectural, engineering, supervisory 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, Landlord's review of the plans and specifications for the Generator. All costs and expenses associated with the Generator, including, without limitation, all costs and expenses relating to soundproofing, screening, compliance with all Legal Requirements and the Private Restrictions, rules, regulations and ordinances, safety, protection of property, installation, noise reduction, environmental monitoring and remediation, maintenance, repairs, replacements and removal, in each case to the extent reasonably necessary, shall be paid for by Tenant, promptly upon demand, at Tenant's sole cost and expense; without limiting the other terms of fuel necessary to operate this Lease, Landlord may require that Tenant implement, at Tenant’s Generator 's sole cost and expense, any or all other utility costs of the foregoing items set forth in connection therewiththis sentence (i.e., soundproofing, screening, etc.) as Landlord deems appropriate. Notwithstanding the foregoing, there shall be no monthly rental for the use of the space for the Generator. Tenant shall maintain deliver to Landlord full and complete plans and specifications with respect to the Generator, which shall be subject to the prior written approval of Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Landlord's review of such plans and specifications shall be for its own benefit only, and Landlord shall have no liability to Tenant in connection with such review. Tenant shall ensure that the Generator complies at all times with Landlord's commercially reasonable rules and regulations that Tenant has received written notice of, and with all Legal Requirements and the Private Restrictions, in all respects. Tenant shall ensure that the presence and use of the Generator does not unreasonably disturb or unreasonably interfere with any adjacent properties (or their owners or occupants) and does not create a nuisance or unreasonably interfere with any other tenants of the Project or Landlord's activities in the Project. Except as otherwise set forth herein, the Generator (and each element thereof) shall be considered a "Tenant-Made Alteration" under this Lease (and shall accordingly be subject to all of the terms of Paragraph 12 of this Lease, except that Tenant shall be required to remove the Generator on or before the expiration or earlier termination of the Lease Term, and Tenant, at its sole expense, shall repair Tenant’s any and all damage caused by such removal on or before the expiration or earlier termination of the Lease Term). Without limiting the foregoing, Landlord shall have the right, at any time in the case of emergency and upon reasonable prior notice and affording Tenant an opportunity to have a representative present at other times, to have access to the Generator to inspect the same. (b) Tenant agrees to have its commercial general public liability insurance insure against all Claims related to the Generator in a first-class manner consistent the amounts and in accordance with generators used by other first-class office buildings the terms set forth in this Lease. (c) Tenant's indemnification of Landlord and the State Landlord Indemnities pursuant to Paragraph 18(a) above shall apply fully with respect to any and all Claims arising out of New Jerseyor in connection with the Generator, and Tenant shall repair all damage to the Premises, the Building and the Project contained therein arising in connection with the Generator. Tenant's indemnification obligation pursuant to this paragraph shall survive the expiration or earlier termination of this Lease. Additionally, except to the extent resulting from Landlord's negligence or willful misconduct but subject to the waiver of subrogation set forth above, Landlord shall have no liability whatsoever in connection with the Generator, and Tenant shall look to its insurance in connection with any claims or losses suffered in connection with the Generator. The presence and use of the Generator shall otherwise be subject to all of Tenant's obligations, liabilities and restrictions set forth in this Lease. (d) Tenant, at Tenant's sole cost and expense, will, at all times in connection with the installation, use, operation and maintenance of the Generator, comply with all Legal Requirements, the Private Restrictions, Landlord's commercially reasonable rules and regulations, and ordinances and matters of record affecting the installation, use, operation and maintenance of the Generator, including, without limitation, applicable building and fire codes. Tenant, at Tenant's sole cost and expense, shall be obligated to secure and obtain and provide Landlord with copies of all required permits, approvals and licenses for or with respect to the installation or operation of the Generator prior to the commencement of any installation activities hereunder, and Tenant shall be obligated to keep in full force and effect and renew, as applicable, all required permits, approvals and licenses required hereunder.

Back-up Generator. Subject (a) Effective as of the Term Commencement Date, Landlord agrees to compliance with Legal Requirementsgrant to Tenant a license to use a portion of the ground next to the Building and enjoy 24-hour access thereto (the “Ground License”) at a technologically sufficient location reasonably designated by Landlord (the “Ground Installation Area”). The Ground Installation Area is to be used by Tenant solely for the installation, Tenant shall have operation, maintenance, repair and replacement during the right to install Term of this Lease of a back-up ground level generator (or other emergency back-up equipment) for the exclusive use of Tenant (“and related fuel supply and infrastructure comparable to Landlord’s existing 850KV A facility, to support Tenant’s data center and other Tenant critical facilities and equipment (the “Generator”) on ). Tenant’s installation and operation of the Property in such location as may Generator and its obligations with respect thereto shall be approved by Landlord in its sole and absolute discretion, all in accordance with the terms, provisions, conditions and agreements contained in this Lease. (b) Tenant shall install the Generator in the Ground Installation Area at its sole cost and expense, at such times and in such manner as Landlord may reasonably designate and in accordance with all of the applicable provisions of this Lease (including, without limitation, Section 29.153.3). Tenant Landlord shall furnish not be obligated to Landlord detailed plans and specifications perform any work or incur any expense to prepare the Ground Installation Area for Tenant’s Generator, use thereof. (c) Tenant shall not install or operate 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 until it receives prior written approval from Landlord’s prior approval, which approval Landlord agrees shall not be unreasonably withheld, conditioned, or delayeddelayed provided, and on the condition that Tenant complies with all of the requirements of this Lease (including, without limitation, Section 3.3 and this Article XIII). Upon Prior to commencing such installation, Tenant shall provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the operation of the Generator; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Generator. Landlord may withhold approval if the installation or operation of such plans and specifications for Tenant’s Generator, Tenant, using Landlord’s contractor (whose fees shall the Generator reasonably would be competitive), shall have expected to damage the right to install Tenant’s Generator and Tenant’s Tank, at Tenant’s expensestructural integrity of the Building. Tenant shall comply with all Legal Requirements agrees to reimburse Landlord for reasonable expenses incurred in connection with the installation, use review and maintenance approval of Tenant’s plans showing the proposed installation of the Generator. (d) Tenant covenants that (i) Tenant shall repair any damage to the Land or Building caused by the installation or operation of the Generator, (ii) the installation and operation of the Generator on the ground shall not cause interference with any telecommunications, mechanical or other systems either located or servicing the Building (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building) or located at or servicing any building, premises or location in the vicinity of the Building, and (iii) the installation, existence, maintenance and operation of the Generator shall not constitute a violation of any applicable laws, ordinances, rules, order, regulations, etc., of any Federal, State, or municipal authorities having jurisdiction thereover, or constitute a nuisance or interfere with the use and enjoyment of the premises of any other tenant in the Building. (e) The term of the Ground License shall be deemed to commence on the Term Commencement Date and expire on the expiration or earlier termination of the Term of this Lease. (f) Tenant shall pay to Landlord as Additional Rent (the “Generator Rent”), all applicable taxes or governmental charges, fees, or impositions imposed upon Landlord (excluding Taxes) and arising out of Tenant’s Tank use of the Ground Installation Area, and the amount, if any, by which Landlord’s insurance premiums increase as a result of the installation of the Generator. (g) Tenant covenants and agrees that the installation, operation and removal of the Generator will be at its sole risk. Tenant agrees to indemnify and defend Landlord and all linesother Indemnitees (as defined in Section 5.6.1) against all claims, wiringactions, pipesactual and punitive damages, conduits, other apparatus liabilities and expenses including reasonable attorney’s fees by counsel of Landlord’s choice incurred in connection therewith and Tenant shall keep with the Premisesloss of life, Building and Land free and clear from liens personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising from or related to out of the installation, use, maintenance and repair thereof. operation, or removal of the Generator by Tenant shall be responsible for procuring whatever approvalsor its transferee, licenses or permits may be required for the installation, use and maintenance including any liability arising out of Tenant’s Generatorviolation of its obligations under paragraph (d) of this Article XIII (except if such liability is caused by the gross negligence or willful misconduct of Landlord or its employees, Tenant’s Tank and all linesagents, wiring, pipes, conduits, other apparatus in connection therewith and or contractors). (h) Within fifteen (15) days following the related support systems required for expiration or earlier termination of the installation and use Lease or the permanent termiination 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 the Generator by 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 its sole optioncost and expense, (i) remove Tenant’s Generatorthe Generator from the Ground Installation Area and the Building in accordance with the terms hereof, Tenant’s Tank (ii) leave the Ground Installation Area in good order 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 installationrepair, reasonable wear and tear excepted and events of casualty (iii) pay all amounts due and condemnation excepted. Tenant’s Generator must at all times be independent owing with respect to the Ground License up to the date of the Buildingtermination thereof. If Tenant does not remove the Generator when so required, at Landlord’s electrical distribution system. election, Landlord may remove and dispose of the Generator and charge 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 incurred as Additional Rent. Notwithstanding that Tenant’s use of the Ground Installation Area shall be subject at all times to and shall be in connection accordance with the useterms, operation covenants, conditions and repair of Tenant’s Generator, including, without limitationagreements contained in this Lease, the cost Ground Installation Area shall not be deemed part of fuel necessary the Premises. All Tenant obligations under this Section 13.1 shall survive the Term of this Lease. Executed to operate Tenant’s Generator and all other utility costs in connection therewithtake effect as a sealed instrument. Tenant shall maintain and repair Tenant’s Generator in a firstLANDLORD: 601 EDGEWATER LLC By: (-s- ILLEGIBLE) Manager TENANT: EPSILON DATA MANAGEMENT, INC. By: /s/ Txxxxxx Xxxxxxxx Name: Title: President/Vice-class manner consistent with generators used by other first-class office buildings in the State President BY: /s/ Sxxxx X. Xxxxxx Name: Sxxxx X. Xxxxxx Title: Treasurer/Assistant Treasurer Xxxxxxx X-0 Location of New Jersey.Walkway