Emergency Generator Clause Samples
The Emergency Generator clause outlines the requirements and responsibilities related to providing backup electrical power in the event of a utility outage. Typically, this clause specifies the type, capacity, and maintenance obligations for the emergency generator, and may detail which areas or systems must remain operational during a power failure, such as life safety systems, elevators, or critical equipment. Its core practical function is to ensure continuity of essential services and safety during power interruptions, thereby minimizing operational disruptions and protecting occupants or assets.
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Emergency Generator. 1) During the Term as it applies to the 9449 Expansion Space, as extended from time to time, Tenant shall have the right to install a supplemental emergency generator (the “Generator”) to provide emergency additional electrical capacity to the 9449 Building. The Generator shall be placed at a location at the 9449 Building designated by Tenant and reasonably approved by Landlord. Notwithstanding the foregoing, Tenant’s right to install the Generator shall be subject to: (i) Landlord’s reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator; and (ii) the covenants, conditions and restrictions of record applicable to the Project, architectural review and any necessary approval by the local municipality and county governments or agencies having authority and jurisdiction over such matters. Landlord shall have the right to require Tenant to provide a reasonably acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the 9449 Building and Project. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory permits and approvals and for the cost of installing, operating, maintaining, repairing and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed and utility connections required in the operation of the Generator.
2) Tenant shall be responsible for assuring that the installation, maintenance, repair, operation and removal of the Generator does not damage the 9449 Building or Project and Tenant shall be responsible for any damages caused thereby. For avoidance of doubt, the installation, maintenance, operation, repair or removal of the Generator shall be subject to the indemnity provisions set forth in Section 10.3 of the Lease.
3) Tenant shall be responsible for the installation, operation, repair, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant and shall be removed by Tenant at its own expense as of the 9449 Extended Expiration Date or any earlier expiration or termination of Tenant’s right to possession of the 9449 Expansion Space in acco...
Emergency Generator. Subject to the provisions of this Section 8.5, Tenant shall have the right, at its sole expense, to install two emergency backup electrical generators and supplemental HVAC equipment (the “Emergency Generator”) in the Park Place Project to provide back-up electrical service and HVAC services to Premises when electricity is not otherwise available to the Premises. The Emergency Generator shall be located as shown on Exhibit “N” attached hereto. If Tenant elects to install the Emergency Generator, Tenant shall install such fuel tanks, fuel lines, additional risers, conduits, feeders, switchboards, appurtenances and/or additional electrical equipment in the Premises and/or the Building (“Additional Electrical Equipment”) as may be necessary for the use of the Emergency Generator. Landlord shall have the right to approve plans and specifications for such Emergency Generator and the Additional Electrical Equipment (“Generator Plans”), which approval shall not be unreasonably withheld, and the schedule for Landlord’s review and response to the submission of such plans shall be as set forth on Schedule 1 to the Tenant Work Letter attached hereto as Exhibit “E”. Landlord shall provide reasonable access to a reasonable path for Tenant to run water, refrigeration, and power lines, pipes, and conduits from the approved Emergency Generator location to the Premises without material interference. Such Generator Plans shall include screening devices and other appropriate improvements reasonably required by Landlord to visually screen the Emergency Generator and Additional Electrical Equipment from view by visitors and tenants in the Park Place Project and to avoid the unreasonable penetration of noise or vibration from such Emergency Generator and Additional Electrical Equipment into any other tenant’s or occupant’s premises or into the Common Area. Landlord’s prior written approval must be obtained by Tenant as to the location of the Emergency Generator and Additional Electrical Equipment in the Park Place Project as well as the aesthetic and security aspects of the Emergency Generator and the Additional Electrical Equipment to make sure they are consistent with the quality of the Building and the Park Place Project, provided that (i) the location of the Emergency Generator shown on Exhibit “N” is hereby approved, and (ii) any aesthetic or security aspects of the installation of the Emergency Generator that are set forth on the Generator Plans approved by Landlord shall...
Emergency Generator. A. Without waiver of the provisions of the first paragraph of this Section 6.2.5, Tenant shall have the right, at its sole expense, to install, maintain, repair, replace and operate an emergency generator having a capacity no greater than what is then permitted by the applicable local building code (the generator is referred to as the “Generator”) in a mutually acceptable location on the roof of the Building (the “Generator Area”), provided Tenant shall promptly repair any damage caused to the Building caused by reason of such installation and operation. Tenant shall not install the Generator in the Generator Area without Landlord’s prior approval of the manner of and the plans and specifications for such installation and screening if reasonably required by Landlord. If such installation shall result in an increase in premiums for Landlord’s insurance coverage for the Building, then Tenant shall be liable for the increase as Additional Rent hereunder. The installation, maintenance and operation of the Generator shall be at Tenant’s sole cost and expense, and shall be performed in accordance with all applicable laws and requirements of applicable governmental authorities, and otherwise in accordance with the terms of this Lease.
Emergency Generator. (a) Tenant, at its sole cost and expense and subject to the terms of this Lease, shall have the right to operate and maintain life safety, emergency, and business sustainability generators and related equipment (collectively, the "Generators") located in the Leased Premises. Tenant shall operate and maintain the Generators in accordance with all federal, state and local laws and regulations and with any protective covenants. Tenant shall be solely responsible for obtaining any necessary permits and licenses required to operate and maintain the Generators and shall provide copies thereof to Landlord. Tenant shall at all times keep the Generators and the surrounding area in a clean and orderly condition.
(b) Tenant, at its sole cost and expense, shall be responsible for removing non-life safety generators and the screening surrounding non-life safety generators and for restoring the Building and/or Common Areas affected by non-life safety generators and screening to their original condition after such removal. Tenant agrees, within thirty (30) days after written notice from Landlord, to remove the non-life safety generators and screening surrounding same in the event any governmental entity or applicable law or regulation requires removal thereof or Tenant fails to materially comply with the terms stated herein. Such removal shall be in accordance with all of the terms and conditions set forth herein. If Tenant fails to remove non-life safety generators and screening surrounding same from the Building or Common Areas upon expiration or earlier termination of the Lease, or after expiration of the thirty (30) day notice period provided above, non-life safety generators and screening surrounding same shall be deemed abandoned by Tenant and shall become the property of Landlord, or Landlord may remove the same at Tenant's expense.
Emergency Generator. Subject to Tenant's compliance with all Applicable Laws and Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, Landlord shall permit Tenant to install, at Tenant's sole cost and expense, an above-ground emergency generator (as a Miscellaneous Common Area Item) for Tenant's use in the Building. Such emergency 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 emergency generator for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Landlord's consent to Tenant's plans for the emergency generator may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's engineers, so that the systems and equipment of the Building are not adversely affected. Any repairs and maintenance of such generator shall be the sole responsibility of Tenant. Upon the expiration or earlier termination of the Lease, Tenant shall, at Tenant's sole cost and expense, remove the emergency generator and all associated cabling and wiring and repair all damage resulting from such removal. Landlord makes no representation or warranty with respect to the emergency generator or its suitability for use by Tenant and Article 10 of the Lease shall apply with respect to Tenant's use, maintenance, repair and operation of the emergency generator.
Emergency Generator. For the duration of the Lease Term and any Option Term, Tenant shall have the right to use a fuel tank backup generator with a capacity of approximately 300 KW (the “Emergency Generator”), which Landlord shall, at it’s sole cost and expense, purchase in “new” condition, install and hook up next to the Premises at the rear of the Building. While Tenant shall not be obligated to pay any fee to Landlord for its use of such Emergency Generator, Tenant shall, at Tenant’s sole cost and expense, maintain and repair such Emergency Generator in good condition, reasonable wear and tear excepted, and be responsible for any replacements related thereto. Tenant acknowledges that Landlord has made no representations or warranties, express, implied or otherwise, regarding the condition or working order of the Emergency Generator. Except as otherwise expressly set forth in this Section 29.36, Tenant hereby represents that it accepts the Emergency Generator “AS IS AND WITH ALL FAULTS,” and that the Emergency Generator is hereby accepted by Tenant, subject to and in accordance with the terms of this Section 29.36. ▇▇▇▇▇▇ acknowledges and agrees that, notwithstanding ▇▇▇▇▇▇’s right to utilize the Emergency Generator as provided herein throughout the Lease Term and any Option Term, Tenant shall acquire no ownership interest therein. Notwithstanding the foregoing, in the event that the Emergency Generator becomes damaged, then, at Landlord’s option, Tenant shall either (i) repair or replace such Emergency Generator at Tenant’s sole cost and expense, provided that any replacement shall be made with reasonably comparable components, or (ii)pay to Landlord (promptly following demand therefor by Landlord) the reasonable repair and/or replacement costs associated with the damage to such Emergency Generator, reasonable wear and tear excepted. Tenant shall not remove any part of the Emergency Generator without Landlord’s prior consent, which consent may be withheld in Landlord’s sole and absolute discretion. Upon the expiration or earlier termination of the Lease Term or any Option Term, Tenant shall surrender the Emergency Generator to Landlord in good condition, reasonable wear and tear excepted. Notwithstanding the foregoing or any contrary provision of this Lease, Landlord shall have no obligation to maintain, repair, replace or insure the Emergency Generator, nor to replace the Emergency Generator if it becomes damaged. Landlord and Tenant hereby acknowledge and agree that Landl...
Emergency Generator. Landlord hereby agrees that, subject to Tenant’s compliance with all applicable Laws, the Underlying Documents and all other recorded covenants, conditions and restrictions affecting the Real Property, and subject to the approval of all applicable governmental authorities, Tenant shall have the right, at Tenant’s sole cost and expense and subject to the provisions of this Section 26.29 (but without any additional rent payable to Landlord), to install one (1) 1000 kw back-up emergency generator (which may include the Fuel Tank, as defined in Section 26.29.8 below, contained therein) in the west side of the existing trash enclosure located outside the Premises as depicted on Exhibit A-7 attached hereto (the area upon which such generator shall be located shall be referred to herein as the “Generator Site”). Such generator (including, if applicable, the Fuel Tank to be installed therein) shall be of such size and specifications, and include such platforms, fencing, enclosures, sheds and other related materials and equipment, as shall be approved by Landlord prior to installation (collectively, the “Emergency Generator”), which approval may be granted or denied in Landlord’s sole and absolute discretion; provided, however, if the size of the Emergency Generator does not exceed 23 feet long, by 16 feet wide, by 12 feet high, with not more than a 500 gallon, double walled steel, above-ground fuel tank contained therein, Landlord hereby approves of the size of the Emergency Generator and Fuel Tank, and shall not unreasonably withhold its approval with respect to the other specifications of the Emergency Generator. In addition, Tenant shall have the right, subject to available capacity of the Building, to install such connection equipment, such as conduits, cables, risers, feeders and materials (collectively, the “Generator Connecting Equipment”) in the shafts, ducts, conduits, chases, utility closets and other facilities of the Building as is reasonably necessary to connect the Emergency Generator to the Premises and Tenant’s other machinery and equipment therein, subject, however, to the provisions of Section 26.29.2, below. Tenant shall also have the right of access, consistent with Section 26.29.3, below, to the areas where the Emergency Generator and any such Generator Connecting Equipment are located for the purposes of maintaining, repairing, testing and replacing the same.
Emergency Generator. (a) Landlord shall make up to 2,000 kilowatts (kW) of 460/480-volt emergency electric power service (“EPS”) available to Tenant for use in the Premises from the Building emergency electric generator system (collectively, the “Generator System”) as provided in this Section 9.9.
(b) Tenant shall pay Landlord for EPS as follows:
(i) Tenant shall pay the costs and expenses incurred by Landlord in making EPS available to the Premises, including the costs to furnish and install a transfer switch, if required, cabling and other devices necessary to connect the Generator System to the Premises, and the costs of testing, recertifying and repairing the Generator System, within thirty (30) days after demand by Landlord; and
(ii) Tenant shall pay an annual fee (the “EPS Fee”) for the period commencing on the date on which Landlord makes EPS available to the Premises through the Expiration Date, irrespective of whether or not emergency power is ever required or used by Tenant, in an amount equal to the product of (A) Landlord’s actual annual costs for the operation, maintenance and repair of the Generator System, multiplied by (B) a fraction, the numerator of which is 2,000, and the denominator of which is the total capacity, measured in kW, of the Generator System or, at Landlord’s option, of the portion thereof serving the Premises. At Landlord’s option, the EPS Fee shall be payable in monthly, quarterly, or annual installments, and in all cases shall be payable within thirty (30) days after demand by Landlord.
(c) Landlord shall supply EPS to Tenant only if there is an interruption or failure in the supply of electric current to the Premises, and under no other circumstances. Tenant shall be responsible for the payment of any occupancy tax, or any other tax (other than Landlord’s income tax) imposed upon the Additional Rent paid by Tenant pursuant to this Section 9.9.
(d) Tenant shall not transfer or assign the right to receive the EPS service described in this Section 9.9 except in connection with an assignment of this Lease consented to by Landlord as and to the extent required under Article 13, and under no circumstances shall this right be transferred or assigned to any party who is not a tenant under this Lease. Tenant acknowledges that the Generator System (and any replacement or substitute therefor), and all connections thereto, are and shall remain the sole property of Landlord and may not be removed by Tenant.
(e) Landlord shall have the right, in Landlord’...
Emergency Generator. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity to provide 4 ▇▇▇▇▇ of electricity per rentable square foot of the Premises, and (ii) to contract with a third party deemed by Landlord to be reputable to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything to the contrary contained herein, Landlord shall, at least once per month as part of the maintenance of the Building, run the emergency generator for a period reasonably determined by Landlord for the purpose of determining whether it operates when started. Landlord shall, upon written request from Tenant, make available 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. Landlord shall have no obligation to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.
Emergency Generator. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity of the emergency generators located in the Building as of the Commencement Date, and (ii) to contract with a third party to maintain the emergency generators as per the manufacturer’s standard maintenance guidelines. Except as otherwise provided in the immediately preceding sentence, Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. Notwithstanding anything to the contrary contained herein, Landlord shall, at least once per calendar quarter as part of the maintenance of the Building, run the emergency generator for a period reasonably determined by Landlord for the purpose of determining whether it operates when started. 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. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed.