Common use of Back-up Generator Clause in Contracts

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

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

Back-up Generator. At any time during the TermSubject to compliance with Legal Requirements, Tenant shall have may (until the right to install in earlier of the Parking Garage (as defined in Exhibit Bexpiration or earlier termination of the Lease Term), at a location reasonably designated by LandlordTenant's sole cost and expense, and maintain and exclusively use for Tenant’s own benefitsubject to the provisions of this Lease, a diesel backup generatorinstall [***] ([***]) or more back-up generators (collectively, the size and location "Generators"), at locations within or outside the Premises to be consented to mutually agreed upon by Landlord the parties (the generator and any substitutions and replacements thereof being the “Backup Generator”); provided, Tenant shall: (i) be solely responsible for the installation of the Backup Generator and connection to the Premises pursuant to plans and specifications approved in advance by Landlord;, which approval shall not be unreasonably withheld, including as to the make and model of the Generators) for Tenant’s exclusive use. The Generators, and Tenant's rights with respect thereto, shall be subject to the additional following terms and conditions: (iia) be solely responsible Tenant shall pay Landlord, within [***] ([***]) days after demand, all actual out-of-pocket costs and expenses reasonably incurred by Landlord for any architectural, engineering, supervisory in connection with the Generators, 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, replacement 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 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 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 necessaryany) or Landlord's activities in the Premises. Except as otherwise set forth herein, the Generators (and repaireach 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 Generators on or before the expiration or earlier termination of the Lease Term, and appearance 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 Backup GeneratorLease 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 manner consistent with a Class A building and parking garagerepresentative present at other times, to have access to the Generators, and insuring it in the manner required by this Lease; (iii) disconnect the Backup Generator from may take whatever reasonable steps Landlord deems advisable to protect the Premises and remove it from the rooftop of the Garage within five (5) business days after the expiration of the Term, and such removal will be performed outside of Normal Business Hours and on weekends;Landlord's interest therein in connection therewith. (ivb) be responsible for Tenant agrees to have its commercial general public liability insurance insure against all Claims related to the payment of a Parking Space Charge for each Parking Space occupied by Generators in the Backup Generator amounts and in accordance with Section 28.25 above;the terms set forth in this Lease. (vc) be responsible for Tenant's indemnification of Landlord and the Landlord Indemnities pursuant to Paragraph 18(a) above shall apply fully with respect to any utility costs and all Claims arising from out of or in connection with the use of such Backup Generator; (vi) be responsible for taking reasonable steps to secure the Backup Generator from the general public, and for providing Landlord access Tenant shall repair all damage to the Backup Generator Premises and the Building contained therein arising in the event of an emergency affecting the Backup Generator; (vii) indemnify and hold harmless Landlord from any damage or liability arising from the Backup Generator (expressly including any spills of generator fuel), except to the extent such damage or liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, contractors or representatives. Notwithstanding anything in this Lease to the contrary, the Backup Generator shall not be deemed a part of the Improvements subject to the Allowance described in Article 22.00 above.connection with the