Building Generator. As of the Commencement Date, the Building will be served by an emergency generator (the “Building Generator”). The Building Generator will provide standby power for tenants of the Building, as well as support for the life safety systems of the Building. Subject to the terms of this Section 2.1(e), during the Term of this Lease, Tenant shall have the right to connect its equipment in the Premises to the Building Generator and to use 5 xxxxx (demand load) per rentable square foot of the Premises. The type and manner of connection of Tenant’s connection to the Building Generator shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Any connection to the Building Generator shall be at the sole cost and expense of Tenant. Any and all use by Tenant of the Building Generator shall be subject to such reasonable rules and guidelines as may be adopted from time to time by Landlord with respect thereto, and to all applicable Laws. Any and all work and improvements performed by Tenant in connection with the Building Generator (including installing, repairing, operating and removing conduits and connections from the Building Generator to the Premises) shall be considered to be an Alteration and shall be subject to Landlord’s review and prior written approval in all respects. The use of the Building Generator will be provided on an “as is,” “where is” basis, with no representations or warranties, of any kind, with respect to the Building Generator. Landlord’s sole obligations to Tenant with respect to the Building Generator shall be to (i) contract with a reputable third party (“Generator Servicer”) to maintain the Building Generator in accordance with the manufacturer’s standard maintenance guidelines, and (ii) turn on the Building Generator at least once per month to confirm that the Building Generator is operational. Landlord shall have no obligation to supervise, oversee or confirm that the Generator Servicer is maintaining the Building Generator in accordance with the manufacturer’s standard guidelines or otherwise, and Landlord shall have no obligation or liability to Tenant in the event that the Building Generator is not operational. Without limitation, in no event shall Tenant have a claim for any compensation or reduction or abatement of Rent arising out of or resulting from any interruption or failure of operation of the Building Generator. Notwithstanding the foregoing, Landlord may elec...
Building Generator. Tenant shall have the exclusive right to use the back-up generator that currently services the Building (the “Building Generator”) as a back-up power source for the Leased Premises, provided that (a) the Building Generator (and the use thereof) is in compliance with all of the terms and conditions of this Lease, (b) the Building Generator (and the use thereof) is in compliance with any and all applicable laws, statutes, ordinances, regulations and protective covenants, and (c) Tenant maintains the Building Generator in good condition and repair. Landlord shall have no obligation, whatsoever, to replace the Building Generator or perform any repairs to the Building Generator and any use of the Building Generator by Tenant shall be at Tenant’s sole risk and expense. Tenant shall have the right to periodically test the Building Generator during the Lease Term.
Building Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the existing Building back-up generator (the “Generator”), to provide back-up generator services to the Premises. During the Lease Term and any renewal terms, Landlord shall maintain the Generator in good working order, condition and repair. The costs of operation, maintenance, and repair of the Generator shall be included in Operating Expenses to the extent provided in Section 4.2.4, and Tenant shall be fully responsible for Tenant’s Share of any costs with respect thereto. Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Generator, or the failure of the Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom. Landlord shall, upon written request from Tenant (not more frequently than once per calendar year), make available for Tenant’s inspection the maintenance contract and maintenance records for the emergency generators for the 12-month period immediately preceding Landlord’s receipt of Tenant’s written request. Prior to the expiration of the first (1st) Lease Year, Landlord will be responsible to replace the Generator with a new generator providing 600KW of back-up electricity, at Landlord’s sole cost and expense (the “New Generator”). Landlord shall, at Landlord’s sole cost and expense (which shall not be deemed an Operating Expense), make any required material repairs to or replacement of the New Generator during the initial Lease Term (the “Generator Warranty”), provided that the need to repair or replace was not caused by Tenant Damage. The Generator Warranty shall not apply to routine maintenance and repair costs, which costs shall be included in Operating Expenses.
Building Generator. Tenant is currently using and maintaining the generator that is on the roof of the Building pursuant to Landlord’s prime lease with EarthLink and the EarthLink Sublease. Landlord agrees that Tenant’s use of such generator shall continue during its lease term herein with Landlord, subject to the maintenance and repair conditions set forth in this Section. 16. Tenant shall have no obligation to remove the EarthLink generator as of the Lease Expiration Date.
Building Generator. Landlord shall continue to maintain an emergency electrical back-up generator and life/safety systems back-up generator that serve the Building. Landlord grants Tenant the right to connect to Landlord’s emergency generator located on the rooftop of the Building, to the extent Landlord’s generator has capacity to support Tenant’s usage as reasonably determined by Landlord, through the outlets existing in the Premises as of the Execution Date.”
Building Generator. The Building is equipped with a 1,400 kw (1,750 KVA) standby generator (the “Building Generator”). As of the Date of this Lease, the Building Generator has available capacity for non-exclusive use by tenants of the Building. Tenant shall be permitted to use up to 725 KVA of the available capacity for Tenant’s “special needs” areas. If Tenant requires additional generator capacity above what is stated in this Section 5.1.2.1, Tenant will be required to make its own arrangements to accommodate Tenant’s needs. Tenant acknowledges and agrees that the life safety loads shall remain priority one in the Building Generator.
Building Generator. The Building is equipped with a 600 kw standby generator (the “Building Generator”). As of the Date of this Lease, the Building Generator has available capacity for non-exclusive use by tenants of the Building. Tenant shall be permitted to use up to 150 kw of the available capacity for Tenant’s “special needs” areas. If Tenant requires additional generator capacity above what is stated in this Section 5.1.2.1, Tenant will be required to make its own arrangements to accommodate Tenant’s needs. Tenant acknowledges and agrees that the life safety loads shall remain priority one in the Building Generator, and that Landlord makes no guarantee that emergency power will be available when needed.
Building Generator. Tenant shall have the right to install, at grade level or below grade, in the area shown on Exhibit B hereto (the “Unit Area”) the following improvements (collectively “Generator Unit”): (a) a fully enclosed generator (“Generator”); (b) an above-ground storage tank (“AST”) which shall not exceed one thousand (1,000) gallons in capacity, shall be double-walled, shall contain diesel fuel only (to only power the Generator), and which shall employ at a minimum a double containment system whereby if the first containment system fails, a second containment system shall be present to prevent releases of Hazardous Material (which may be a sealed, un-cracked concrete slab containment area without drains which is sufficient to constitute the second containment system, provided it is large enough to completely contain a release of the maximum volume of diesel fuel which could be present in the AST); and (c) other associated improvements and conduits pre-approved by Landlord and reasonably necessary to operate the Generator and distribute the power therefrom. In connection with the installation of the Generator Unit, Tenant shall have the right to furnish and install empty conduits from the Unit Area to the Premises.
Building Generator. (1) At Tenant’s option, Landlord shall make the currently unused emergency generator located at the 0 Xxxxxxxx Xxxxxx building (the “Offsite Building Generator”) available for the exclusive use of Tenant for the purpose of providing emergency electric power service (“EPS”) to the Premises, for a minimum term (the “EPS Term”), measured from the date Tenant connects to the Transfer Switch (defined below), through the Term of this Lease. To Landlord’s knowledge, the Offsite Building Generator is currently configured for 480v output, however, Landlord does not represent or warrant that the Offsite Building Generator will perform in accordance with such configuration or is suitable for Tenant’s use, and Tenant will accept the Offsite Building Generator in its “as-is” condition. Landlord shall not be liable in any way to Tenant for any delay, interruption, failure, variation or defect in or with regard to the Offsite Building Generator or EPS, and in no event shall Landlord be liable to Tenant for special, indirect or consequential damages which may result from any such delay, interruption, failure, variation or defect, except to the extent caused by Landlord’s or its employee’s, contractor’s or agent’s gross negligence or willful misconduct or breach of this Lease. If Tenant elects to use the Offsite Building Generator, Tenant, at Tenant’s cost, may perform the work necessary to ‘step down’ any EPS provided by the Offsite Building Generator to the Premises as may be necessary to EPS, all in
Building Generator. Commencing on the Lease Commencement Date, Tenant shall have the right to connect to the Building back-up generator, which Landlord shall install as part of Landlord’s Work (the "Generator"), for Tenant’s Share of the Generator’s capacity (after accounting for any Building Common Area requirements) to provide back-up generator services to the Premises. During the Lease Term, Landlord shall maintain the Generator in good condition and repair, 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. Notwithstanding the foregoing, Landlord shall not be liable for any damages whatsoever resulting from any failure in operation of the Generator, or the failure of the Generator to provide suitable or adequate back-up power to the Premises, including but not limited to, loss of profits, loss of rents or other revenues, loss of business opportunity, loss of goodwill or loss of use, in each case, however occurring, or loss to inventory, scientific research, scientific experiments, laboratory animals, products, specimens, samples, and/or scientific, business, accounting and other records of every kind and description kept at the Premises and any and all income derived or derivable therefrom.
