Common use of Emergency Generator Clause in Contracts

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 xxxxx 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 to provide 4 xxxxx of electricity per rentable square foot of the Premisesemergency generators located in the Building as of the Commencement Date, 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. 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 month 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 TenantTenant (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. 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 to provide 4 xxxxx of electricity per rentable square foot of the Premisesemergency generators located in the Building as of the Commencement Date, and (ii) 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 stated capacity to provide 4 xxxxx of electricity per rentable square foot of the Premisesemergency generators to be located in the Building as of the Lease Commencement Date (which capacity shall not be less than 750 Kw, (ii) to make connection of such 21001083-v13 0000 Xxxxxxx Xxxxxx Xxxxx—REGENXBIO INC.—Page 19 emergency generators to the Premises available to Tenant during the Term, and (iiiii) to contract with a third party deemed by Landlord to be reputable to maintain the such 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 provide Tenant with operational emergency generators or back-up power or to supervise, oversee or oversee, and 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 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, provided that if Tenant notifies Landlord that an emergency generator is not operational, Landlord shall use commercially reasonable efforts in good faith to engage or contact as soon as reasonably practicable under the circumstances a third party service technician to repair the emergency generator so that it becomes operational.

Emergency Generator. Tenant shall have the right to use the emergency generator serving the Premises as of the Commencement Date in common with other tenants having the right thereto. Landlord’s sole obligation for either providing an emergency generators generator or providing emergency back-up power to Tenant shall be: (i) to provide during the Term an emergency generators generator with not less than the capacity of the emergency generator being installed by Landlord as part of the Base Building Improvements (as defined in the Work Letter), which is designed to provide approximately 4 xxxxx of electricity per rentable square foot of the PremisesPremises based on the connected load, and (ii) to contract with a third party deemed by Landlord to be reputable to maintain the emergency generators generator 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 an operational emergency generator or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generator is maintaining the generator as per the manufacturer’s standard guidelines or otherwise. 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 TenantTenant (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. 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 generator when the emergency generators generator 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 generator will be operational at all times or that emergency power will be available to the Premises when needed. During any period when the emergency generator is not operational, except to the extent that Landlord is obtaining temporary back-up power for the Premises and/or Building (without any obligation on the part of Landlord to do so), Landlord shall reasonably cooperate, at no material cost to Landlord, with Tenant in its efforts to obtain temporary back-up power for the Premises during such period of non-operation of the emergency generator, including providing a location for the temporary placement of equipment to provide back-up power to the Premises during such period of non-operation of the emergency generator.

Emergency Generator. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide an emergency generators generator designed with a capacity of not less than the capacity to provide 4 xxxxx of electricity wxxxx per rentable square foot to the Premises located in Building 313 (Tenant acknowledging that such generator may serve both Tenant and other tenants of the PremisesBuilding, if applicable, and one or more other generators may be designated for the exclusive use of others from time to time during the Term), and (ii) to contract with a third party deemed by Landlord to be reputable to maintain the emergency generators generator as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything to Except as otherwise provided in 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. 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 generator is maintaining the generators generator as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators generator when the emergency generators are generator is 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. Landlord shall use commercially reasonable efforts to provide Tenant with reasonable prior notice, of at least 48 hours, prior to any planned period of replacement, ActiveUS 179671324v.10 repair or maintenance of the emergency generators that will cause the same to be unavailable for more than a day. Tenant acknowledges and agrees that (x) in connection with the proper verification of loads and maintenance of the emergency generator, that power will need to be transferred during routine testing, and (y) Tenant is responsible for cooperating with Landlord or Landlord’s third party contractor with respect to scheduling such routine tests and checking its own equipment loads as it operates during load transfer periods. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators generator will be operational at all times or that emergency power will be available to the Premises when needed. Tenant may install and operate its own emergency generator approximately in the locations shown on Exhibit M attached, at Tenant’s sole cost and expense, subject to Landlord’s reasonable approval of the exact location, design, capacity and plans and specifications for the installation thereof, and provided that (1) such emergency generator is installed subject to and in accordance with the terms and provisions of this Lease, including, without limitation, Section 12 and (if applicable) the Work Letter, and (2) without limiting the generality of the foregoing, Tenant’s operation of its own emergency generator is in compliance with and subject to all Legal Requirements and the terms and conditions of this Lease. To the extent permitted by law, Tenant shall indemnify, defend and hold Landlord and the Landlord Indemnified Parties harmless from and against any Claims related to Tenant’s emergency generator or the use thereof or any personal injury or property damage related thereto or arising therefrom (except to the extent due to the gross negligence or willful misconduct of Landlord).

Emergency Generator. Tenant shall have the right, at no additional charge (except as provided in the last sentence of this Section 14.2), to utilize the capacity of the Project’s emergency generator and associated UPS system (collectively, the “Emergency Generator”) to back up all or a portion of Tenant’s operations. Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power with respect to Tenant the Emergency Generator shall be: (i) to provide emergency generators with not less than the capacity to provide 4 xxxxx of electricity per rentable square foot of the Premises, and (ii) be to contract with a third party deemed by Landlord to be reputable to properly fuel and maintain the emergency generators Emergency Generator as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything guidelines and to enforce the contrary contained herein, Landlord shall, at least once per month as part terms of the maintenance of the Building, run the emergency generator for such contract in 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 requestcommercially reasonable manner. Landlord shall have no obligation to supervise, oversee provide Tenant with operational Emergency Generator or confirm that the third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwiseback-up power. During any period of replacement, repair or maintenance of the emergency generators Emergency Generator when the emergency generators are Emergency Generator is 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 Emergency Generator will be operational at all times or that emergency power will be available to the Premises when needed. Notwithstanding the foregoing, Landlord shall use commercially reasonable efforts to ensure that any such repairs and replacements are performed without delay. Tenant shall reimburse to Landlord as Additional Rent within thirty (30) days following receipt of written demand therefor, a portion of the costs of operating and maintaining such Emergency Generator, which portion shall be computed in accordance with the proportion that (x) the Emergency Generator capacity used by Tenant bears to (y) the Emergency Generator’s total capacity, as such use and capacity is reasonably determined by Landlord’s engineer, which determination shall be conclusive and binding.

Emergency Generator. Tenant shall have the right, in common with other tenants, to use the existing emergency generator located at the Building. All costs incurred by Landlord in connection with the emergency generator shall be included as part of Operating Expenses. Notwithstanding anything to the contrary contained in the Lease, Landlord’s sole obligation for either providing an emergency generators generator or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the capacity to provide 4 xxxxx of electricity per rentable square foot of the Premises, and (ii) be to contract with a third party deemed by Landlord to be reputable to maintain the emergency generators Emergency Generator 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 provide Tenant with an operational emergency generator or back-up power or to supervise, oversee or confirm that the third party maintaining the emergency generators Emergency Generator is maintaining the generators generator as per the manufacturer’s standard guidelines or otherwise. During any period of replacement, repair or maintenance of the emergency generators Emergency Generator, when the emergency generators are Emergency Generator is 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 the Emergency Generator 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 stated capacity to provide 4 xxxxx of electricity per rentable square foot of the Premisesemergency generators located in the Building as of the Rent Commencement Date, and (ii) to contract with a third party deemed by Landlord to be reputable to maintain the emergency generators (as an Operating Expense) as per the manufacturer’s standard maintenance guidelines. Notwithstanding anything to Except as otherwise provided in 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. 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. During any commercially reasonable 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. Tenant shall not be responsible for or have any liability to Landlord for any Releases (as defined in Section 30(h)) from emergency generators and associated tanks installed or provided by Landlord, except to the extent that such Releases arise out of the willful misconduct, negligence, acts, or omissions of Tenant or any Tenant Party.