Common use of Backup Generator Clause in Contracts

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 Generator shall interfere with the rights, health or welfare of any person or tenant. Tenant agrees that Landlord may install and operate, and may permit the installation and operation by others of, additional generators anywhere in the Development so long as the installation and operation of such additional generators do not materially and adversely interfere with the operation of the Backup Generators. Landlord shall in no event be responsible if, for any reason whatsoever (except as a direct result of Landlord’s negligence), either or both of Tenant’s Backup Generators do not perform to the expectations of Tenant. Landlord may reduce, at its sole option, the seven (7) parking space ratio referenced in Sections l.(p) and 36. (b) of the Lease to reflect the number of parking spaces lost as a result of the placement of both Backup Generators. (c) Once Tenant has paid Landlord in full for all amounts due Landlord under Section 51. (a) hereof, then, the Backup Generators shall constitute trade fixtures and shall fall within the purview of Paragraph 8. (d) (iii) of the Lease. Tenant shall, by no later than thirty (30) days after the expiration or earlier termination of the Lease and at Tenant’s expense, remove both of the Backup Generators and restore any damage or injury caused by the removal of said Backup Generators. Failure to strictly comply with the immediately preceding sentence by Tenant shall constitute a holding over of the Premises by Tenant until such time as both of the Backup Generators are removed and any damage or injury caused by such removal is restored. Tenant, at its expense, shall exercise best efforts to complete its removal and restoration work sooner than the date falling thirty (30) days after the expiration or earlier termination of the Lease. If Tenant fails to strictly comply with the second (2nd) sentence of this Section 51.(c), then, Landlord, at its sole option, may, at Tenant’s expense, (1) remove either or both of the Backup Generators, (2) keep either or both Backup Generators without compensation to Tenant, (3) discard either or both of the Backup Generators at Tenant’s sole risk and with Tenant assuming all liability and/or (4) restore any damage or injury that either or both of said Backup Generators or the removal thereof may have caused. Tenant hereby releases Landlord from, and, upon Landlord’s demand, shall defend, indemnify and hold Landlord harmless against any liabilities and expenses that may arise with regard to either or both of said Backup Generators, except for such liabilities and expenses that arise as a direct result of Landlord’s negligence. Furthermore, in connection with both Backup Generators, Tenant shall procure and maintain general liability and property damage insurance in compliance with each of the requirements set forth in Sections 20. (a)-(b) of the Lease. All references in this Article 51 to “Backup Generator” shall include all wiring, cabling, fuse boxes, transformers and other ancillary and related equipment connecting the Backup Generator to the Premises. Any cost or expense owed by Tenant to Landlord under this Article 51 shall constitute additional rent under the Lease and shall be due from Tenant to Landlord within thirty (30) days after Tenant receives written demand therefor.

Backup Generator. Section 25.1. Tenant and Landlord shall agree upon a location (athe “Generator Installation Area”) Within sixty which is mutually agreeable to Landlord and Tenant to which Tenant shall enjoy 24-hour access either (60i) days after Landlord accepts in writing at within the Building delivery of both Backup Generators or (hereinafter definedii) from on the supplier roof of the Backup GeneratorsBuilding, Landlordwhich Generator Installation Area is to be used by Tenant solely for the installation, at operation, maintenance, repair and replacement during the Lease Term of a back-up generator and related fuel supply and infrastructure to support Tenant’s critical facilities and equipment (the “Generator”). Tenant’s installation and operation of the Generator and its obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease. Section 25.2. Tenant shall install the Generator in the Generator Installation Area at its sole cost and expense, shall install at such times and in such manner as Landlord may reasonably designate (including venting the area shown on Schedule A attached hereto Generator exhaust to the exterior of the Building if the Generator is installed within the Building) and made a part hereof two (2) 1500KW auto transfer diesel backup generators (“Backup Generators”) in accordance with plans attached to all of the Second Amendment as Schedule B and made a part thereofapplicable provisions of this Lease (including, without limitation, Article IX). Landlord will order shall not be obligated to perform any work or incur any expense to prepare 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 GeneratorsGenerator Installation Area for Tenant’s use thereof. Section 25.3. Tenant shall give not install or operate the Generator until it receives prior written approval from Landlord, which approval Landlord a check for agrees shall not be unreasonably withheld, conditioned or delayed, provided and on the condition that deposit payable to Landlord within five (5) days after Landlord’s demand therefor. Upon placement Tenant complies with all of the orderrequirements of this Lease (including, Landlordwithout limitation, Article IX and this Article XXV). Prior to commencing such installation, Tenant shall provide Landlord with (i) copies of all required permits, licenses and authorizations which Tenant will obtain at Tenant’s expense, shall commence pre- installation work (i.e. site preparation, wiring, etc.) so its own expense and which Tenant will maintain at all times during the installation is completed promptly after delivery operation of the Backup Generators to the Building. Generator; (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by 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 for the installation and operation of the two Generator and (2iii) 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 a copy of a service and maintenance agreement in a form reasonably acceptable to Landlord with any information regarding either or both Backup Generators and/or its (their) installation that a contractor reasonably acceptable to Landlord, which contract shall provide, at a minimum, for the generation of annual inspection reports by such contractor, copies of which shall be provided to Landlord. Landlord may requestwithhold approval if the installation or operation of the Generator reasonably would be expected to damage the structural integrity of the Building. Tenant agrees to promptly comply with and strictly abide by, at its sole expense, any rules and regulations that reimburse Landlord may reasonably promulgate for reasonable expenses incurred in connection with the installation, operation, repair, maintenance, replacement, relocation, concealment and/or removal review and approval of either or both Backup Generators. Tenant agrees to perform all repairs, maintenance, replacements, relocations (only if required in writing by Landlord), concealment and Tenant’s plans showing 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 proposed installation of the corporate center of which the Building forms a partGenerator. Section 25.4. Tenant covenants that neither Backup Generator (i) Tenant shall interfere with repair any damage to the rights, health roof or welfare of any person or tenant. Tenant agrees that Landlord may install and operate, and may permit the Building caused by the installation and or operation by others ofof the Generator, additional generators anywhere in the Development so long as (ii) the installation and operation of such additional generators do the Generator shall not materially cause interference with any telecommunications, mechanical or other systems either located or servicing the Building (whether belonging to or utilized by Landlord) or located at or servicing any building, premises or location in the vicinity of the Building, (iii) if installed within the Building, exhaust from the Generator shall be vented to the exterior of the Building, and adversely interfere with (iv) the installation, existence, maintenance and operation of the Backup GeneratorsGenerator shall not constitute a violation of any applicable Laws, ordinances, rules, order, regulations, etc., of any Federal, State, or municipal authorities having jurisdiction thereover. Section 25.5. Tenant shall pay to Landlord shall in no event be responsible if, for any reason whatsoever as Additional Rent (except as a direct result of Landlord’s negligencethe “Generator Rent”), either all applicable taxes or both governmental charges, fees, or impositions imposed upon Landlord and arising out of Tenant’s Backup Generators do not perform to the expectations of Tenant. Landlord may reduce, at its sole option, the seven (7) parking space ratio referenced in Sections l.(p) and 36. (b) use of the Lease to reflect Generator Installation Area, and the number of parking spaces lost amount, if any, by which Landlord’s insurance premiums increase as a result of the placement installation of both Backup Generatorsthe Generator, which Generator Rent shall be Additional Rent hereunder. Section 25.6. 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 its employees and agents against all Costs (cby counsel of Landlord’s choice and reasonably acceptable to Tenant) Once incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising out of the installation, use, operation, or removal of the Generator by Tenant has paid Landlord in full for all amounts due Landlord or its transferee, including any liability arising out of Tenant’s violation of its obligations under Section 5125.4 (except if such liability is caused by the gross negligence or willful misconduct of Landlord or its employees, agents, or contractors). Section 25.7. Within fifteen (a) hereof, then, the Backup Generators shall constitute trade fixtures and shall fall within the purview of Paragraph 8. (d) (iii) of the Lease. Tenant shall, by no later than thirty (3015) days after following the expiration or earlier termination of this Lease or the Lease and at Tenant’s expense, remove both of the Backup Generators and restore any damage or injury caused by the removal of said Backup Generators. Failure to strictly comply with the immediately preceding sentence by Tenant shall constitute a holding over of the Premises by Tenant until such time as both of the Backup Generators are removed and any damage or injury caused by such removal is restored. Tenant, at its expense, shall exercise best efforts to complete its removal and restoration work sooner than the date falling thirty (30) days after the expiration or earlier permanent termination of the Lease. If operation of the Generator by Tenant, Tenant fails to strictly comply with the second (2nd) sentence of this Section 51.(c), then, Landlordshall, at its sole optioncost and expense if required by Landlord, may(i) remove the Generator from the Generator Installation Area and the Building in accordance with the terms hereof, (ii) leave the Generator Installation Area in good order and repair, reasonable wear and tear excepted and (iii) pay all amounts due and owing with respect to the Generator in accordance with the provisions of this Article XXV. If Tenant does not remove the Generator when so required, at Landlord’s election, Landlord may remove and dispose of the Generator and charge Tenant for actual costs and expenses incurred as Additional Rent. Notwithstanding that Tenant’s expense, (1) remove either or both use of the Backup GeneratorsGenerator Installation Area shall be subject at all times to and shall be in accordance with the terms, (2) keep either or both Backup Generators without compensation to Tenantcovenants, (3) discard either or both of the Backup Generators at Tenant’s sole risk conditions and with Tenant assuming all liability and/or (4) restore any damage or injury that either or both of said Backup Generators or the removal thereof may have caused. Tenant hereby releases Landlord from, and, upon Landlord’s demand, shall defend, indemnify and hold Landlord harmless against any liabilities and expenses that may arise with regard to either or both of said Backup Generators, except for such liabilities and expenses that arise as a direct result of Landlord’s negligence. Furthermore, in connection with both Backup Generators, Tenant shall procure and maintain general liability and property damage insurance in compliance with each of the requirements set forth in Sections 20. (a)-(b) of the Lease. All references agreements contained in this Article 51 to “Backup Generator” Lease, if the Generator shall include all wiring, cabling, fuse boxes, transformers and other ancillary and related equipment connecting be installed on the Backup roof the Generator to Installation Area shall not be deemed part of the Premises. Any cost or expense owed by All Tenant to Landlord obligations under this this Article 51 XXV shall constitute additional rent under survive the expiration of the Lease and shall be due from Tenant to Landlord within thirty (30) days after Tenant receives written demand thereforTerm or the earlier termination of this Lease.