Backup Generator. Tenant to maintain in good operating condition and repair (including any required replacements), at Tenant’s sole cost and expense, the backup generator currently located at the Project as well as the associated equipment and infrastructure (collectively, the “Generator”). All such maintenance and Tenant’s use of the Generator shall be subject to all applicable Laws, and any terms and conditions as may be reasonably imposed by Landlord; provided, however, that Landlord shall not charge Tenant any separate charge in connection with the same. Without limiting the generality of the foregoing, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain all necessary federal, state, and municipal permits, licenses and approvals, including without limitation any such permits, licenses and approvals from the Bay Area Air Quality Management District, and Tenant shall deliver copies thereof to Landlord. The Generator may be used by Tenant only during (a) testing and regular maintenance, and (b) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project. Further, Tenant shall be responsible for ensuring that the Generator does not interfere with the use of the Project by other tenants or tenants or occupants of surrounding buildings. Any repairs and maintenance of such Generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to such Generator. Tenant shall protect, defend, indemnify and hold harmless the Indemnitees from and against claims, damages, liabilities, costs and expenses of every kind and nature, including attorneys’ fees, incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or removal of the Generator. On or prior to the Termination Date, Tenant shall either (i) surrender the Generator in good operating condition without compensation to Tenant, or (ii) remove the Generator (including all the associated equipment and infrastructure) from the Project and repair and restore the Project and the Building to the condition which existed prior to the installation of the Generator (including, new electrical panels for the Building and restoring and restriping the affected...
Backup Generator. Tenant may, at its sole cost and expense, install a backup generator for backup power associated with Tenant specific equipment (the “Backup Generator”) on the Site and certain connections between the Backup Generator and the Premises (the “Generator Connections”). The exact specifications of the Backup Generator and the Generator Connections, the method of installing the Backup Generator and the Generator Connections and the location on the Site for the Backup Generator and the Generator Connections shall all be subject to Landlord’s prior written approval, which shall not be unreasonably withheld or delayed with respect to a natural gas-powered generator to be installed on the roof of the Building (but which shall otherwise be in Landlord’s sole discretion). Tenant and Tenant’s contractors shall have reasonable access to the Site in order to inspect, service, repair, maintain and replace the Backup Generator and Generator Connections, subject to Landlord’s reasonable rules and regulations of which Tenant has been given prior notice relative to such access and use. Tenant’s use of the Backup Generator shall be upon all of the conditions of the Lease, except as modified below:
(A) It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Generator Connections. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate the Generator Connections in any portion of the Building until (x) Tenant shall have obtained Landlord’s prior written approval, of the Backup Generator and the Generator Connections, as provided above, and (y) Tenant shall have obtained and delivered to Landlord copies of all required governmental and quasi-governmental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Backup Generator and the Generator Connections.
(B) Tenant shall have no obligation to pay Annual Fixed Rent, Real Estate Taxes or Landlord’s Operating Expenses in respect of the Backup Generator or the Generator Connections.
(C) The Backup Generator may be used to provide back-up power in the event of an outage for Tenant’s lights and plugs in the Premises and dedicated heating, ventilation and air conditioning systems serving the Premises, or for the purposes of running any life-safety systems or equipment.
(D) Landlord shall have no obligation to provide any services to the Backup Generator. T...
Backup Generator. 1. Emergency backup power will be supplied by a permanently installed generator capable of providing adequate power to the well. The generator will be capable of producing 400KV. The generator will have a fuel tank capable of a run duration of 24hrs. Generator will be installed upon a steel re−enforced concrete base and anchored securely. Installation will include 3” Steel fuel lines run under ground between a 2000−gallon fuel tank and the generator. Concrete filled steel bollards will be installed around the fuel tank to assist in preventing vehicle or equipment impact.
2. A single 2000−gallon tank will be furnished and installed to accommodate the 400KV generator. The tank will be fabricated to the latest ASME code, Section VIII, Division 1. The tank will be equipped with liquid withdrawal and vapor withdrawal port. This tank is also equipped with safety relief valving.
3. A steel reinforced concrete pad will be installed approx. 50’ from any other structure per regulatory specifications to accommodate the tank. The pad will be approximately 25’ x 6’x 6” and be formed and poured with 4500PSI pea gravel pump mix concrete.
Backup Generator. (a) Within sixty (60) days after Landlord accepts in writing at the Building delivery of both Backup Generators (hereinafter defined) from the supplier of the Backup Generators, Landlord, at Tenant’s sole cost and expense, shall install in the area shown on Schedule A attached hereto and made a part hereof two (2) 1500KW auto transfer diesel backup generators (“Backup Generators”) in accordance with plans attached to the Second Amendment as Schedule B and made a part thereof. Landlord will order the Backup Generators within five (5) days after Landlord receives from Tenant an amount equal to the deposit required by the supplier of the Backup Generators. Tenant shall give Landlord a check for that deposit payable to Landlord within five (5) days after Landlord’s demand therefor. Upon placement of the order, Landlord, at Tenant’s expense, shall commence pre- installation work (i.e. site preparation, wiring, etc.) so the installation is completed promptly after delivery of the Backup Generators to the Building. Landlord shall obtain, at Tenant’s sole cost and expense, all necessary governmental approvals and permits relating to the initial installation and initial operation of both Backup Generators. Tenant, at its expense, shall thereafter keep current said approvals and permits and give Landlord true and complete original counterparts of all updated permits and approvals relating to the installation and operation of the two (2) Backup Generators within thirty (30) days after Tenant receives any such updated permit or approval.
(b) Within thirty (30) days after Landlord’s demand, Tenant shall furnish Landlord with any information regarding either or both Backup Generators and/or its (their) installation that Landlord may request. Tenant agrees to promptly comply with and strictly abide by, at its sole expense, any rules and regulations that Landlord may reasonably promulgate in connection with the installation, operation, repair, maintenance, replacement, relocation, concealment and/or removal of either or both Backup Generators. Tenant agrees to perform all repairs, maintenance, replacements, relocations (only if required in writing by Landlord), concealment and the removal (only if required in writing by Landlord) of either or both Backup Generators pursuant to Landlord’s rules and regulations and in a manner that is compatible with the appearance and character of the corporate center of which the Building forms a part. Tenant covenants that neither Backup...
Backup Generator. The parties hereto acknowledge that Sublandlord has installed a 350Kw backup generator that services the Premises (the “Generator”). Subject to the terms and conditions set forth herein, Subtenant shall be entitled to use up to 30Kw of electricity produced by the Generator. Subtenant, at Subtenant’s sole cost and expense, shall install a separate meter to measure the electricity and any necessary wiring. Subtenant shall be responsible, at Subtenant’s sole cost and expense, for obtaining all necessary approvals from the Master Landlord in connection with the installation of such separate meter and wiring.
Backup Generator. As of the date hereof, the following Article 51 BACKUP GENERATOR shall be deemed added to and made a part of the Lease:
Backup Generator. Prior to the Expansion Space Commencement Date, Landlord will provide evidence that the backup generation system has been recently serviced and is in good working order. Landlord shall invoice Tenant for its proportionate share of any and all obligations for backup generation in the Expansion Space. Tenant’s proportionate share is 92.2% as determined in Paragraph 6 of this Amendment.
Backup Generator. The parties acknowledge that a backup generator services the Building. Landlord shall maintain such backup generator during the Term of the Lease. Notwithstanding the above, Landlord makes no representations or warranties as to the sufficiency of such backup generator to serve Tenant's operational needs in the Premises.
Backup Generator. Landlord and Tenant hereby acknowledge that there is an existing generator currently serving the Building (the "Generator"), and Tenant shall have the right to connect to the Generator for up to Tenant's Share of the electrical capacity provided by such Generator. Tenant's use of the Generator shall be at Tenant's sole risk. Landlord represents that the Generator is currently in place and shall be in good operating condition on the Lease Commencement Date, and during the Lease Term Landlord shall maintain the Generator in good condition and repair, including testing the Generator in a commercially reasonable manner, and Tenant shall be responsible for a share of the costs of such maintenance and repair based on the proportion of the Generator capacity allocated to the Premises. Tenant hereby waives any claims against Landlord or any Landlord Parties resulting from Tenant's use of the Generator, or any failure of the Generator to operate as designed, and agrees that Landlord shall not be liable for any damages resulting from any failure in operation of the Generator, including, without limitation any injury or damage to, or interference with, Tenant's business, including but not limited to, loss of profits; provided, however, that Landlord shall maintain and repair the Generator as provided above. Tenant acknowledges that Operating Expenses shall include Landlord's costs incurred in connection with the Generator (including all permit costs and fees) to the extent allowed by Article 4.
Backup Generator. Tenant, at its cost, shall have the right to install, in a mutually acceptable location, a backup generator, with Landlord's consent, which shall not be unreasonably withheld. There will be no charge to Tenant for the placement of the generator. In the event CCI Triad leaves behind the existing backup generator, Tenant shall have the right to use it free of charge.
