Common use of Backup Generator Clause in Contracts

Backup Generator. In addition to the Building Generator and UPS System (as hereinafter defined), Landlord shall permit Tenant to install and maintain, at Tenant’s sole cost and expense, up to a 500 kW, backup diesel or natural gas powered emergency generator2 at a location designated by Landlord, subject to compliance with all applicable Laws and Landlord’s prior written approval of all plans and specifications, which approval shall not be unreasonably withheld, and Tenant’s receipt of any applicable governmental permits and approvals. Tenant shall submit the specifications for design, operation, installation and maintenance of the backup generator for Landlord’s consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of ▇▇▇▇▇▇▇▇’s structural and mechanical engineers, so that the Project’s systems and equipment are not adversely affected. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the backup generator, provided, however, subject to applicable Laws and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the backup generator and the Premises (which utility connections shall be deemed part of the backup generator facilities). Tenant shall connect the backup generator and the Building Generator and UPS System to the electrical submeter(s) serving the Premises and pay for the electricity supplied to such systems and equipment in accordance with Section 11(a)(ii) below. Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the backup generator to a location with comparable functionality, which relocation shall be performed by Tenant within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). The vent for the backup generator must be higher than the roof line of the Project. Tenant shall be responsible for the cost of repairing and maintaining the backup generator in good order, condition and repair and in compliance with applicable Laws and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of the backup generator. Landlord makes no warranties or representations to Tenant as to the suitability of the designated generator location for the installation and operation of the backup generator. If Tenant is so notified by Landlord at the time of Landlord’s approval of the specifications for the backup generator, Tenant shall, at Tenant’s sole cost and expense, remove such Tenant installed generator (but not the Building Generator and UPS Systems) upon the expiration or earlier termination of the Term and repair all damage to the Project resulting from such removal. Any Tenant installed backup generator and all associated facilities shall be deemed to be a part of the Premises for purposes of Article 14 of this Lease. The Building Generator and any Tenant installed backup generator may be referred to herein collectively as the “Tenant Generators.” The Tenant Generators shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Tenant Generators for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Further, Tenant shall be responsible for ensuring that Tenant’s use and operation of the Tenant Generators does not interfere with the use of the Project by other tenants.

Backup Generator. In addition Subject to the Building Generator Landlord’s prior approval of all plans and UPS System (as hereinafter defined)specifications, which approval shall not be unreasonably withheld, Landlord shall permit Tenant to install and maintain, at Tenant’s sole cost and expense, up to a 500 kW, backup diesel or natural gas powered emergency generator2 generator at a location described in Exhibit J or such other location as may be designated by Landlord, subject to compliance with all applicable Laws . Such backup generator shall be used by Tenant only during (i) testing and Landlord’s prior written approval of all plans and specifications, which approval shall not be unreasonably withheldregular maintenance, and Tenant’s receipt (ii) any period of any applicable governmental permits electrical power outage in the Building Complex. Tenant shall be entitled to operate the generator for testing and approvalsregular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, operation, installation and maintenance of the backup generator for Landlord’s consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of ▇▇▇▇▇▇▇▇’s structural and mechanical engineers, so that the ProjectBuilding Complex’s systems and equipment are not adversely affected. Landlord In addition, Tenant shall have no obligation ensure that the backup generator does not result in any Hazardous Materials being introduced to provide any services includingthe Real Property, without limitation, electric current or gas service, and Article 5 will apply to Tenant’s use of the backup generator. Further, provided, however, subject to applicable Laws and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the backup generator and the Premises (which utility connections shall be deemed part of the backup generator facilities). Tenant shall connect the backup generator and the Building Generator and UPS System to the electrical submeter(s) serving the Premises and pay for the electricity supplied to such systems and equipment in accordance with Section 11(a)(ii) below. Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the backup generator to a location with comparable functionality, which relocation shall be performed by Tenant within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). The vent for the backup generator must be higher than the roof line of the Project. Tenant shall be responsible for the cost of repairing and maintaining ensuring that the backup generator in good order, condition and repair and in compliance does not interfere with applicable Laws and for the cost use of repairing any damage to the Building, Building Complex by other tenants. In the event another tenant of the Building Complex or the cost of any necessary improvements to the Building, a neighboring project complains of problems caused by or as a result of the installationgenerator, replacement and/or Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the backup generator if another solution is not available. Tenant shall ensure that the design and installation of the backup generator is performed in a manner so as to minimize or eliminate any noise or vibration cause by such generator. Any repairs and maintenance of such generator shall be the sole responsibility of Tenant and Landlord makes no warranties representation or representations warranty with respect to Tenant as to the suitability of the designated generator location for the installation and operation of the backup such generator. If Tenant is so notified by Landlord at the time of Landlord’s approval of the specifications for the backup generator, Tenant shall, at Tenant’s sole cost and expense, remove such Tenant installed generator (but not the Building Generator and UPS Systems) upon the expiration or earlier termination of the Lease Term and repair all damage to the Project Building Complex resulting from such removal. Any Tenant installed backup Such generator and all associated facilities shall be deemed to be a part of the Premises for purposes of Article 14 10 of this Lease. The Building Generator and any Tenant installed Any backup generator may be referred to herein collectively as the “Tenant Generators.” The Tenant Generators shall be used installed by Tenant only during (i) testing shall remain the sole and regular maintenanceseparate property of Tenant and shall, and (ii) any period if Landlord elects, be removed by Tenant at the end of electrical power outage the Lease Term. In such event, in addition to removing the Project. Tenant shall be entitled to operate the Tenant Generators for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Furtherbackup generator, Tenant shall be responsible for ensuring that Tenant’s use also remove all wiring and operation of conduits which are external to the Tenant Generators does not interfere with Building and by which the use of the Project by other tenantsbackup generator was installed.

Backup Generator. In addition The Backup Generator shall be placed in the Backup Generator Location, with the installation thereof to the Building Generator and UPS System (as hereinafter defined), Landlord shall permit Tenant to install and maintain, be at Tenant’s sole cost and expense, up to a 500 kW, backup diesel or natural gas powered emergency generator2 at a location designated by Landlord, subject to compliance with all applicable Laws and Landlord’s prior written approval of all plans and specifications, which approval shall not be unreasonably withheld, and Tenant’s receipt of any applicable governmental permits and approvals. Tenant shall submit the specifications for design, operation, installation and maintenance of the backup generator for Landlord’s consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of ▇▇▇▇▇▇▇▇’s structural 's sole expense and mechanical engineers, so that the Project’s systems and equipment are not adversely affected. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the backup generator, provided, however, subject to applicable Laws and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the backup generator and the Premises (which utility connections shall be deemed part of the backup generator facilities). Tenant shall connect the backup generator and the Building Generator and UPS System to the electrical submeter(s) serving the Premises and pay for the electricity supplied to such systems and equipment performed by ICR Electrical Contractors in accordance with Section 11(a)(ii) below. Landlord may, the specifications set forth in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all Exhibit 1 (the third page of which is a summary of the backup features of a representative generator to a location with comparable functionality, which relocation be installed). Said generator shall be performed by Tenant within installed in a reasonable period following such request (taking into account any reasonable time necessary to obtain permits manner and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain presentation that is reasonably consistent with the same and to promptly commence and prosecute to completion such relocation thereafter). The vent for the backup generator must be higher than the roof line design aesthetic of the Project. Tenant adjacent generator (being that belonging to the tenant commonly referred to as "DSM") and shall be responsible for the cost of repairing installed and maintaining the backup generator maintained in good orderaccordance with all applicable law, condition and repair and in compliance with applicable Laws and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of the backup generatorincluding permit requirements. Landlord makes no warranties or representations to Tenant as to the suitability of the designated generator location for the installation and operation of the backup generator. If Tenant is so notified by Landlord at the time of Landlord’s approval of the specifications for the backup generator, Tenant shall, at Tenant’s sole cost and expense, remove such Tenant installed generator (but not the Building Generator and UPS Systems) upon At the expiration or earlier termination of the Term and repair Lease, at Lessor's option (in accordance with Paragraph 7.4 of the Lease), all damage the Utility Installations associated with the Backup Generator (including but not limited to the Project resulting from such removalgenerator itself (if owned by Lessee, rather than leased), pad, enclosure, electrical lines, etc.) shall, at ▇▇▇▇▇▇'s sole cost, either remain, or be removed, or Lessor may elect to retain certain parts but not all thereof. Any Tenant installed backup generator and all removal or restoration costs associated facilities shall with these improvements will be deemed to be a part paid for by the Lessee. If the Backup Generator Location is, as of the Premises date hereof, occupied by another container, then Lessee shall arrange for purposes of Article 14 of this Leaseand relocate said container to an alternate agreed upon location, at Lessee's cost. The Building Generator Lessee shall also arrange for and undertake any Tenant installed backup work needed to provide alternate or new access by DSM to the DSM generator if the current DSM access may be referred blocked by the Backup Generator. Any wiring from the Building Premises to herein collectively as the “Tenant Generators.” The Tenant Generators Backup Generator shall not be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in installed on the Project. Tenant shall be entitled to operate the Tenant Generators for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Further, Tenant shall be responsible for ensuring that Tenant’s use and operation roof membrane of the Tenant Generators does not interfere with intervening buildings, but shall either be attached inside the use building's framing or on the side of the Project by building. If other tenantstenants are requested to provide access and move materials to provide such electrical access, then Lessee shall pay the costs incurred (if any) in connection with such moving of materials. Lessee shall coordinate the performance of its work with ▇▇▇▇▇▇'s property manager, who will assist in conjunction with contacting tenants or other such logistics.

Backup Generator. In addition Subject to and in accordance with the Building Generator terms and UPS System conditions of Section 8 (as hereinafter definedAlterations) of the Original Lease and this Section 13, Tenant may install and maintain at the Project an emergency backup generator, including wiring, tanks and other related equipment (collectively, the “Tenant Generator”), Landlord on the existing generator pad on the exterior of Building 4 (“Generator Area”), in order to provide a source of backup power for the Premises. Tenant’s installation of the Tenant Generator shall permit be subject to Landlord’s review and written approval of Tenant’s plans and specifications for the installation and operation of the Tenant Generator (including, without limitation, review and approval of Landlord’s engineer for the Building, if necessary) which approval will not be unreasonably withheld, conditioned or delayed. Tenant shall be permitted to install install, operate, maintain and maintainrepair the Tenant Generator, at Tenant’s sole cost and expense, in the Generator Area, solely to provide emergency back-up power to a 500 kW, backup diesel or natural gas powered emergency generator2 at a location designated the Premises. Installation of the Tenant Generator shall be performed by Landlord, subject to compliance with all applicable Laws and Landlord’s prior written approval of all plans and specificationscontractors approved in advance by Landlord in writing, which approval shall not be unreasonably withheld, conditioned or delayed, all in accordance with the Project’s construction rules and regulations of which Landlord has given written notice to Tenant. Prior to installation of the Tenant Generator, Tenant shall provide Landlord with information regarding the preliminary layout of the Tenant Generator within the Generator Area (the “Generator Information”). Tenant and its authorized personnel shall further have the right to access the Generator Area for purposes of installing, maintaining, refueling, repairing and replacing the Tenant Generator, subject to force majeure and compliance with the Project’s receipt of any applicable governmental permits rules and approvalsregulations. Tenant shall submit install, maintain and operate the specifications for designTenant Generator in compliance with all applicable federal, operationstate and local laws, installation rules and maintenance of the backup generator for Landlord’s consentregulations, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of ▇▇▇▇▇▇▇▇’s structural and mechanical engineers, so that the Project’s systems and equipment are not adversely affected. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the backup generator, provided, however, subject to applicable Laws and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the backup generator and the Premises (which utility connections shall be deemed part of the backup generator facilities). Tenant shall connect the backup generator and the Building Generator and UPS System to the electrical submeter(s) serving the Premises and pay for the electricity supplied to such systems and equipment in accordance with Section 11(a)(ii) below. Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the backup generator to a location with comparable functionality, which relocation shall be performed by Tenant within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). The vent for the backup generator must be higher than the roof line of the Project. Tenant shall be responsible for the cost of repairing obtaining and maintaining the backup generator in good order, condition and repair and in compliance with applicable Laws and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of the backup generator. Landlord makes no warranties or representations to Tenant as to the suitability of the designated generator location for the installation and operation of the backup generator. If Tenant is so notified by Landlord at the time of Landlord’s approval of the specifications for the backup generator, Tenant shall, at Tenant’s sole cost and expenseexpense any permits, remove certificates or other authorizations required for installation or operation of the Tenant Generator, such as to comply with requirements of applicable zoning restrictions, City and County requirements and regulations of any governing air quality or environmental management district. Tenant installed generator (but shall be solely responsible to insure that the Tenant Generator is operated in compliance with applicable laws, rules and regulations and any governing covenants, conditions and restrictions, and to insure that the Tenant Generator does not interfere with the business operations or quiet enjoyment of other tenants or occupants of the Project. During the Lease Term, the Tenant Generator shall remain the property of Tenant notwithstanding the fact that any such machines, equipment and fixtures may be affixed or attached to the Building or the Project or any portion thereof and Tenant shall remain responsible for the operation and ownership thereof, and Tenant shall be solely responsible for obtaining and maintaining insurance for Tenant’s Generator and UPS Systems) the operation thereof. If and to the extent Tenant utilizes any portion of the Tenant Improvement Allowance for the purchase or installation of the Tenant Generator, then upon the expiration or earlier termination of the Term Lease, Tenant shall leave Tenant’s Generator in place and shall surrender Tenant’s Generator to Landlord in good condition, normal wear and tear excepted. If Tenant does not utilize any portion of the Tenant Improvement Allowance for the purchase of the Tenant Generator, then unless otherwise agreed in writing by Landlord and Tenant, Tenant shall on or before the expiration of earlier termination of the Lease, remove the Tenant Generator from the Project at Tenant’s sole cost and expense and shall repair any damage caused by such removal. If Tenant is obligated to remove the Tenant Generator and fails to remove the Tenant Generator and repair any resulting damage within thirty (30) days following the expiration or sooner termination of the Lease, Landlord shall have the right to remove the Tenant Generator and repair all damage to resulting damage, at Tenant’s cost. If required by the Project resulting from such removal. Any terms of applicable laws, rules or regulations, Tenant installed backup generator will obtain at its cost and all associated facilities shall be deemed to be a part of the Premises for purposes of Article 14 of this Lease. The Building Generator and any Tenant installed backup generator may be referred to herein collectively as the “Tenant Generators.” The Tenant Generators shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Tenant Generators for testing and regular maintenance only upon notice deliver to Landlord and at times reasonably approved a copy of any closure or similar report issued by Landlord. Further, Tenant shall be responsible for ensuring that Tenant’s use and operation any governmental authority with respect to removal of the Tenant Generators does not interfere with the use of the Project by other tenantsGenerator.

Backup Generator. In addition to the Building Generator and UPS System (as hereinafter defined), Landlord shall permit Tenant to install and maintain, connect certain circuits at Tenant’s sole cost and expense, up the Premises to a 500 kW, backup diesel or natural gas powered emergency generator2 at a location designated by Landlord, subject to compliance with all applicable Laws and Landlord’s prior written approval of all plans and specifications, which approval shall not be unreasonably withheld, and Tenant’s receipt of any applicable governmental permits and approvals. Tenant shall submit the specifications for design, operation, installation and maintenance of the backup generator for Landlord’s consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on (the advice of ▇▇▇▇▇▇▇▇’s structural and mechanical engineers, so that “Generator”) located at the Project’s systems and equipment are not adversely affected. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the backup generator, provided, however, subject to applicable Laws and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the backup generator and the Premises (which utility connections shall be deemed part Building as of the backup generator facilities). Tenant shall connect the backup generator and the Building Generator and UPS System to the electrical submeter(s) serving the Premises and pay for the electricity supplied to such systems and equipment in accordance with Section 11(a)(ii) below. Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the backup generator to a location with comparable functionality, which relocation shall be performed by Tenant within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). The vent for the backup generator must be higher than the roof line of the Project. Tenant shall be responsible for the cost of repairing and maintaining the backup generator in good order, condition and repair and in compliance with applicable Laws and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of the backup generator. Landlord makes no warranties or representations to Tenant as to the suitability of the designated generator location for the installation and operation of the backup generator. If Tenant is so notified by Landlord at the time of Landlord’s approval of the specifications for the backup generator, Tenant shall, at Tenant’s sole cost and expense, remove such Tenant installed generator (but not the Building Generator and UPS Systems) upon the expiration or earlier termination of the Term and repair all damage to the Project resulting from such removal. Any Tenant installed backup generator and all associated facilities shall be deemed to be a part of the Premises for purposes of Article 14 Date of this Lease. The Building Generator shall remain Landlord’s property but Tenant may use it as a backup power supply during the term of this Lease provided it shall not be connected to circuits having a load in excess of a peak demand of 60 KW. Landlord expressly disclaims any and all warranties and/or representations regarding the Generator and Tenant agrees that it has inspected the same and found it satisfactory for its purposes and shall use it at Tenant’s sole risk and expense. Landlord shall enter into a third party contract for the regular maintenance and repair of the Generator and Tenant hereby agrees to release Landlord from any loss, damage or liability arising out of the use of the Generator or its failure to perform as desired, for whatever reason. Tenant installed backup generator may be referred furthermore agrees that it shall pay to herein collectively Landlord, as Additional Rent, its share of the “Tenant Generators.” The Tenant Generators costs of such maintenance contract and the costs incurred by Landlord to provide fuel to the Generator during the term hereof. Such share shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period the percentage equal to a fraction the numerator of electrical power outage in which shall be the Project. Generator capacity to which Tenant shall be entitled and the denominator of which shall be the Generator capacity to operate which any other tenants of the Tenant Generators for testing and regular maintenance only upon notice Building are entitled; provided, however, that until any other tenant is permitted to Landlord and at times reasonably approved by Landlord. Furtherdraw from the Generator, Tenant shall pay 100% of the costs of the fuel. Notwithstanding the foregoing, Landlord shall not be responsible required to replace the Generator should it cease for ensuring whatever reason to be able to function as originally intended; provided that if Landlord shall replace the Generator with another generator that has sufficient capacity to backup more than just the base building life safety requirements, then Tenant shall have the right to access Tenant’s use and operation Percentage of such excess capacity (inclusive of the Tenant Generators does not interfere with aforesaid 60 KW), subject to the use provisions of the Project by other tenantsthis Section 5.9.

Backup Generator. In addition to the Building Generator and UPS System (as hereinafter defined), Landlord shall permit Tenant to install and maintainmay, at Tenant’s its sole cost and expense, up to install a 500 kWbackup 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, backup diesel or natural gas powered emergency generator2 at a the method of installing the Backup Generator and the Generator Connections and the location designated by Landlord, on the Site for the Backup Generator and the Generator Connections shall all be subject to compliance with all applicable Laws and Landlord’s prior written approval of all plans and specificationsapproval, which approval shall not be unreasonably withheld, 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 receipt 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 any applicable governmental permits which Tenant has been given prior notice relative to such access and approvalsuse. 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 submit be responsible, at its sole cost and expense, for installing the specifications 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 designthe lawful installation, operation, installation operation and maintenance of the backup generator for 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. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 16.33, arrange for all utility services required for the operation of the Backup Generator. (E) Tenant shall, at its sole cost and expense, be solely responsible for all maintenance and repair to the Backup Generator and the Generator Connections. In connection therewith, Tenant shall provide Landlord with evidence on an annual basis of the existence of a maintenance contract for the Backup Generator with a service provider reasonably acceptable to Landlord. (F) Tenant shall have no right to make any changes, alterations, signs, or other improvements to the Backup Generator or the Generator Connections without Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of ▇▇▇▇▇▇▇▇’s structural and mechanical engineers, so that the Project’s systems and equipment are not adversely affected. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the backup generator, provided, however, subject to applicable Laws and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the backup generator and the Premises delayed. (which utility connections shall be deemed part of the backup generator facilities). Tenant shall connect the backup generator and the Building Generator and UPS System to the electrical submeter(sG) serving the Premises and pay for the electricity supplied to such systems and equipment in accordance with Section 11(a)(ii) below. Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the backup generator to a location with comparable functionality, which relocation shall be performed by Tenant within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). The vent for the backup generator must be higher than the roof line of the Project. Tenant shall be responsible for the cost of repairing and maintaining the backup generator in good order, condition and repair and in compliance with applicable Laws and for the cost of repairing any damage to the Building caused by its use of the Backup Generator and the Generator Connections. (H) Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, other tenants, licensees or occupants of the Building) shall have the right to connect to the Backup Generator other than Tenant. (I) To the maximum extent permitted by law, Tenant’s use of the Backup Generator and the Generator Connections shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Backup Generator or the cost of Generator Connections are damaged for any necessary improvements to the Buildingreason. (J) Tenant shall comply with all applicable laws, caused by or as a result ordinances and regulations in Tenant’s use of the installationBackup Generator and the Generator Connections. (K) Landlord shall have the right, replacement and/or removal of the backup generator. Landlord makes upon no warranties or representations less than ninety (90) days’ notice to Tenant as to the suitability of the designated generator location for the installation and operation of the backup generator. If Tenant is so notified by Landlord at the time of Landlord’s approval of the specifications for the backup generator, Tenant shall, at Tenant’s sole cost and expense, remove such Tenant installed generator (but not to relocate the Backup Generator and the Generator Connections to another location on the roof of the Building reasonably acceptable to Tenant provided that such relocation does not adversely affect Tenant’s use of the Backup Generator and UPS Systems) upon the expiration or earlier termination of the Term Generator Connections. Landlord and repair all damage Tenant shall cooperate with each other in good faith to the Project resulting from schedule such removalrelocation work on nights and weekends so as to minimize interference with Tenant’s business operations. Any Tenant installed backup generator such relocation by Landlord shall not independently (in the absence of another cause) be deemed to constitute a service interruption under Section 7.6(C) above. (L) The Backup Generator and all associated facilities the Generator Connections shall be deemed to be a part of the Premises for the purposes of the indemnity and insurance provisions of Article 14 XIII above. In addition to and not in limitation of the foregoing, Tenant shall, to the maximum extent permitted by law, indemnify, defend, and hold Landlord, its agents, contractors and employees harmless from any and all claims, losses, demands, actions or causes of actions suffered by any person, firm, corporation, or other entity arising from Tenant’s use of the Backup Generator and the Generator Connections. (M) Landlord shall have the right to designate or identify the Backup Generator with or by a lease or license number (or other marking) and to place such number (or marking) on or near such Backup Generator. It is expressly understood and agreed that, as Special Improvements, Landlord may require removal of the Backup Generator and Generator Connections pursuant to Section 9.1 of this Lease. The Building , but that Tenant may elect to remove the Backup Generator and Generator Connection at any Tenant installed backup generator may be referred to herein collectively as time during the “Tenant GeneratorsLease Term.” The Tenant Generators shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Tenant Generators for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Further, Tenant shall be responsible for ensuring that Tenant’s use and operation of the Tenant Generators does not interfere with the use of the Project by other tenants.

Backup Generator. In addition Subject to the Building Generator and UPS System (as hereinafter defined), Landlord shall permit Tenant to install and maintain, at Tenant’s sole cost and expense, up to a 500 kW, backup diesel or natural gas powered emergency generator2 at a location designated by Landlord, subject to compliance with all applicable Laws and Landlord’s prior written approval of all plans and specifications, which approval shall not be unreasonably withheld, conditioned, or delayed, and Tenant’s receipt of any applicable governmental permits and approvals. Tenant shall submit the specifications for design, operation, installation and maintenance of the backup generator for Landlord’s consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of ▇▇▇▇▇▇▇▇’s structural and mechanical engineers, so that the Project’s systems and equipment are not adversely affected. Landlord shall have no obligation permit Tenant to provide any services including, without limitation, electric current or gas service, to the backup generator, provided, however, subject to applicable Laws install and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the backup generator and the Premises (which utility connections shall be deemed part of the backup generator facilities). Tenant shall connect the backup generator and the Building Generator and UPS System to the electrical submeter(s) serving the Premises and pay for the electricity supplied to such systems and equipment in accordance with Section 11(a)(ii) below. Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the backup generator to a location with comparable functionality, which relocation shall be performed by Tenant within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). The vent for the backup generator must be higher than the roof line of the Project. Tenant shall be responsible for the cost of repairing and maintaining the backup generator in good order, condition and repair and in compliance with applicable Laws and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of the backup generator. Landlord makes no warranties or representations to Tenant as to the suitability of the designated generator location for the installation and operation of the backup generator. If Tenant is so notified by Landlord at the time of Landlord’s approval of the specifications for the backup generator, Tenant shallmaintain, at Tenant’s sole cost and expense, remove such a backup diesel-powered or natural gas-powered generator at a location designated by Landlord and reasonably acceptable to Tenant. If Tenant installed elects to install a natural gas-powered generator, Tenant shall be entitled to connect the generator to the natural gas service located in a location reasonably designated by Landlord and reasonably acceptable to Tenant. All natural gas provided to the generator shall be separately metered or submetered at Tenant’s sole cost and expense and Tenant shall reimburse Landlord for the actual cost of any natural gas used within ten (but 10) business days after receipt of an invoice therefor. Landlord shall not charge monthly or regularly recurring rent for the Building Generator and UPS Systems) upon space occupied by the expiration or earlier termination generator provided that it is located in a non-revenue producing area of the Term and repair all damage Project, it being understood that Tenant is only responsible to pay or reimburse Landlord for the Project resulting from such removalactual, reasonable, out-of-pocket expenses that Landlord incurs directly in connection with Tenant’s generator. Any Tenant installed Such backup generator and all associated facilities shall be deemed to be a part of the Premises for purposes of Article 14 of this Lease. The Building Generator and any Tenant installed backup generator may be referred to herein collectively as the “Tenant Generators.” The Tenant Generators shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Tenant Generators generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, operation, installation and maintenance of the backup generator for Landlord’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord’s structural and mechanical engineers, so that the Project’s systems and equipment are not adversely affected. In addition, Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project, and Section 28(a) will apply to Tenant’s use of the backup generator. Further, Tenant shall be responsible for ensuring that Tenant’s use and operation of the Tenant Generators backup generator does not interfere with the use of the Project by other tenants. In the event another tenant of the Project or of a neighboring project complains of problems caused by the generator, Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the backup generator if another solution is not available. Tenant shall ensure that the design and installation of the backup generator is performed in a manner so as to minimize or eliminate any noise or vibration cause by such generator. The vent for the generator must be higher than the roof line of the Project. 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. If Tenant is so notified by Landlord (it being agreed that subject that Landlord will use reasonable efforts to provide at least ninety (90) days prior to the expiration of this Lease or as soon as reasonably possible upon determination of earlier termination of this Lease – except in connection with an Event of Default in which case no prior notice shall be required), Tenant shall, at Tenant’s sole cost and expense, remove such generator upon the expiration or earlier termination of the Lease Term and repair all damage to the Project resulting from such removal. Such generator shall be deemed to be a part of the Premises for purposes of Article 14 of this Lease.

Backup Generator. In addition Subject to the Building Generator and UPS System (as hereinafter defined), Landlord shall permit Tenant to install and maintain, at Tenant’s sole cost and expense, up to a 500 kW, backup diesel or natural gas powered emergency generator2 at a location designated by Landlord, subject to compliance with all applicable Laws and Landlord’s 's prior written approval of all plans and specifications, which approval shall not be unreasonably withheld, and Tenant’s 's receipt of any applicable governmental permits and approvals, Landlord shall permit Tenant to install and maintain, at Tenant's sole cost and expense, a backup diesel-powered generator and uninterrupted power supply (collectively, "Generator") at a location designated by Landlord. Such Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Building. 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 submit the specifications for design, operation, installation and maintenance of the backup generator Generator for Landlord’s 's consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of ▇▇▇▇▇▇▇▇’s Landlord's structural and mechanical engineers, so that the Project’s Building's systems and equipment are not adversely affected. Landlord In addition, Tenant shall have no obligation to provide ensure that the Generator does not result in any services including, without limitation, electric current or gas service, Hazardous Materials being introduced to the backup generatorReal Property (other than fuel kept in compliance with Environmental Laws), provided, however, subject and Article 29 will apply to applicable Laws and Landlord’s prior written approval Tenant's use of plans and specifications thereforthe Generator. Further, Tenant may also install, maintain and operate necessary utility connections between the backup generator and the Premises (which utility connections shall be deemed part responsible for ensuring that the Generator does not interfere with the use of the backup generator facilities)Real Property by Landlord or other tenants. In the event another tenant of the Real Property or of a neighboring project complains of problems caused by the Generator, Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the Generator if another solution is not available. Tenant shall connect ensure that the backup generator design and the Building Generator and UPS System to the electrical submeter(s) serving the Premises and pay for the electricity supplied to such systems and equipment in accordance with Section 11(a)(ii) below. Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all installation of the backup generator Generator is performed in a manner so as to a location with comparable functionality, which relocation shall be performed minimize or eliminate any noise or vibration cause by Tenant within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter)Generator. The vent for the backup generator Generator must be higher than the roof line of the ProjectBuilding. Tenant Any repairs and maintenance of such Generator shall be responsible for the cost sole responsibility of repairing Tenant and maintaining the backup generator in good order, condition and repair and in compliance with applicable Laws and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of the backup generator. Landlord makes no warranties representation or representations warranty with respect to Tenant as to the suitability of the designated generator location for the installation and operation of the backup generatorsuch Generator. If Tenant is so notified by Landlord at the time of Landlord’s approval of the specifications for the backup generator, Tenant shall, at Tenant’s 's sole cost and expense, remove such Tenant installed generator (but not the Building Generator and UPS Systems) upon the expiration or earlier termination of the Lease Term and repair all damage to the Project Real Property resulting from such removal. Any Tenant installed backup generator and all associated facilities Such Generator shall be deemed to be a part of the Premises for purposes of Article 14 10 of this Lease. The Building Landlord will design and construct the necessary pad and enclosure for the Generator and any Tenant installed backup generator may be referred to herein collectively as the “Tenant Generators.” The Tenant Generators shall be used at a location designated by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Tenant Generators for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Further, Tenant and the cost of such pad and enclosure shall be responsible for ensuring that Tenant’s use and operation of charged against the Improvement Allowance or paid by Tenant Generators does not interfere with the use of the Project by other tenantsas an Over-Allowance Amount, as applicable.

Backup Generator. In addition Subject to the Building Generator Landlord's prior approval of all plans ---------------- and UPS System (as hereinafter defined)specifications, which approval shall not be unreasonably withheld, Landlord shall permit Tenant to install and maintain, at Tenant’s 's sole cost and expense, up to a 500 kW, backup diesel or natural gas diesel-powered emergency generator2 generator at a location designated by Landlord, subject to compliance with all applicable Laws and Landlord’s prior written approval of all plans and specifications, which approval shall not be unreasonably withheld, and Tenant’s receipt of any applicable governmental permits and approvals. Tenant shall submit the specifications for design, operation, installation and maintenance of the Such backup generator for Landlord’s consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of ▇▇▇▇▇▇▇▇’s structural and mechanical engineers, so that the Project’s systems and equipment are not adversely affected. Landlord shall have no obligation to provide any services including, without limitation, electric current or gas service, to the backup generator, provided, however, subject to applicable Laws and Landlord’s prior written approval of plans and specifications therefor, Tenant may also install, maintain and operate necessary utility connections between the backup generator and the Premises (which utility connections shall be deemed part of the backup generator facilities). Tenant shall connect the backup generator and the Building Generator and UPS System to the electrical submeter(s) serving the Premises and pay for the electricity supplied to such systems and equipment in accordance with Section 11(a)(ii) below. Landlord may, in its sole and absolute discretion, require Tenant, at Landlord’s cost, to relocate any or all of the backup generator to a location with comparable functionality, which relocation shall be performed by Tenant within a reasonable period following such request (taking into account any reasonable time necessary to obtain permits and approvals for such work, Tenant hereby agreeing to use diligent good faith efforts to obtain the same and to promptly commence and prosecute to completion such relocation thereafter). The vent for the backup generator must be higher than the roof line of the Project. Tenant shall be responsible for the cost of repairing and maintaining the backup generator in good order, condition and repair and in compliance with applicable Laws and for the cost of repairing any damage to the Building, or the cost of any necessary improvements to the Building, caused by or as a result of the installation, replacement and/or removal of the backup generator. Landlord makes no warranties or representations to Tenant as to the suitability of the designated generator location for the installation and operation of the backup generator. If Tenant is so notified by Landlord at the time of Landlord’s approval of the specifications for the backup generator, Tenant shall, at Tenant’s sole cost and expense, remove such Tenant installed generator (but not the Building Generator and UPS Systems) upon the expiration or earlier termination of the Term and repair all damage to the Project resulting from such removal. Any Tenant installed backup generator and all associated facilities shall be deemed to be a part of the Premises for purposes of Article 14 of this Lease. The Building Generator and any Tenant installed backup generator may be referred to herein collectively as the “Tenant Generators.” The Tenant Generators shall be used by Tenant only during (i) testing and regular maintenance, and (ii) any period of electrical power outage in the Project. Tenant shall be entitled to operate the Tenant Generators generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, operation, installation and maintenance of the backup generator for Landlord's consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's structural and mechanical engineers, so that the Project's systems and equipment are not adversely affected. In addition, Tenant shall ensure that the backup generator does not result in any Hazardous Materials being introduced to the Project, and Section 28 (a) will apply to Tenant's use of the backup generator. Further, Tenant shall be responsible for ensuring that Tenant’s use and operation of the Tenant Generators backup generator does not interfere with the use of the Project by other tenants. In the event another tenant of the Project or of a neighboring project complains of problems caused by the generator, Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the backup generator if another solution is not available. Tenant shall ensure that the design and installation of the backup generator is performed in a manner so as to minimize or eliminate any noise or vibration cause by such generator. The vent for the generator must be higher than the roof line of the Project. 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, at Tenant's sole cost and expense, remove such generator upon the expiration or earlier termination of the Lease Term and repair all damage to the Project resulting from such removal. Such generator shall be deemed to be a part of the Premises for purposes of Article 14 of this Lease.