Common use of Emergency Generator Clause in Contracts

Emergency Generator. (a) Landlord hereby agrees that, subject to this Section 36, Tenant’s compliance with all Legal Requirements and all recorded covenants, conditions and restrictions affecting the Project, and subject to the approval of all applicable governmental authorities, Tenant shall have the right, at Tenant’s sole cost and expense, to install back-up emergency generators on one or more pads outside the Building in locations depicted on Exhibit J attached hereto (the area upon which such generator shall be located shall be collectively referred to herein as the “Generator Site”). Such generator 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 shall not be unreasonably withheld. In addition, Tenant shall have the right 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 Tenant’s other machinery and equipment in the Premises, subject, however, to the provisions of Section 36(b) below. Subject to Section 36(c) below and all of the terms and conditions of this Lease, and subject to all Legal Requirements and such reasonable rules and regulations as Landlord may impose from time to time, Tenant shall also have the right of access twenty-four (24) hours per day, seven (7) days per week to the areas where the Emergency Generator and/or any Generator Connecting Equipment (all collectively referred to herein as the “Generator Equipment”) are located for the purposes of maintaining, repairing, testing and replacing the same.

Emergency Generator. (a) Landlord hereby agrees that, subject to this Section 36, Tenant’s compliance with all Legal Requirements applicable Laws, the Underlying Documents and all other recorded covenants, conditions and restrictions affecting the ProjectReal Property, and subject to the approval of all applicable governmental authorities, Tenant shall have the right, at Tenant’s sole cost and expenseexpense 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 generators on one or more pads 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 Building in locations Premises as depicted on Exhibit J A-7 attached hereto (the area upon which such generator shall be located shall be collectively 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 be unreasonably withheldwithhold its approval with respect to the other specifications of the Emergency Generator. In addition, Tenant shall have the right 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 in the Premisestherein, subject, however, to the provisions of Section 36(b) 26.29.2, below. Subject to Section 36(c) below and all of the terms and conditions of this Lease, and subject to all Legal Requirements and such reasonable rules and regulations as Landlord may impose from time to time, Tenant shall also have the right of access twenty-four (24) hours per dayaccess, seven (7) days per week consistent with Section 26.29.3, below, to the areas where the Emergency Generator and/or and any such Generator Connecting Equipment (all collectively referred to herein as the “Generator Equipment”) are located for the purposes of maintaining, repairing, testing and replacing the same.

Emergency Generator. (a) Landlord hereby agrees that, subject to this Section 36, Tenant’s compliance with all Legal Requirements applicable Laws, the Underlying Documents and all other recorded covenants, conditions and restrictions affecting the Project, and subject to the approval of all applicable governmental authorities, Tenant shall have the right, at Tenant’s sole cost and expenseexpense (except as provided hereinbelow) and subject to the provisions of this Section 26.29 (but without any additional rent payable to Landlord), to install back-up install: (i) one (1) emergency generators generator on one or more pads a portion of the Phase IV Real Property (i.e., a generator pad) located outside the Building, which generator pad shall be provided by Landlord (together with a conduit connecting the pad to the Building) at Landlord’s expense; and (ii) following the date Tenant leases the entire Building pursuant to this Lease, if applicable, a second (2nd) generator on another generator pad portion of the Phase IV Real Property located outside the Building, which generator pad shall be provided by Landlord (together with a conduit connecting the pad to the Building) at Landlord’s expense. The exact location (and size) of each such generator pad within the Phase IV Real Property shall be mutually agreed by Landlord and Tenant acting reasonably and in locations depicted on Exhibit J attached hereto (the good faith. The generator pad area upon which each such applicable generator shall be located shall be collectively referred to herein as the a “Generator Site”). Such Each such applicable generator shall be of such size and specifications, and include such platforms, fencing, enclosures, sheds and other related materials and equipment, as shall be mutually approved by Landlord the parties (acting reasonably and in good faith) prior to installation (collectively, the “Emergency Generator”), which approval shall not be unreasonably withheld. In addition, Tenant shall have the right 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 in the Premisestherein, subject, however, to the provisions of Section 36(b) 26.29.2, below. Subject to Section 36(c) below and all of the terms and conditions of this Lease, and subject to all Legal Requirements and such reasonable rules and regulations as Landlord may impose from time to time, Tenant shall also have the right of access twenty-four (24) hours per dayaccess, seven (7) days per week consistent with Section 26.29.3, below, to the areas where the Emergency Generator and/or and any such Generator Connecting Equipment (all collectively referred to herein as the “Generator Equipment”) are located for the purposes of maintaining, repairing, testing and replacing the same.

Emergency Generator. Subject to the terms of this Section 16.8, Tenant may during the Term, install as an Alteration in accordance with Section 12.3, maintain, operate and use an emergency generator and associated equipment, connections and Cabling (collectively, the “Generator Facilities”) for the sole purpose of providing back-up power for the Premises (and not for the use of any other tenant in the Building) during a power outage in the Premises; provided that (a) Landlord hereby agrees thatand Tenant execute a license agreement (“License Agreement (Generator)”) in substantially the form of the License Agreement (Rooftop Installations), subject to with mutually acceptable modifications consistent with this Section 36, Tenant’s compliance with all Legal Requirements and all recorded covenants, conditions and restrictions affecting the Project16.8; (b) Tenant complies with, and subject performs and completes any work performed pursuant to the approval License Agreement (Generator) in accordance with the License Agreement (Generator) and this Lease, including, without limitation, Article XII; (c) Tenant pays associated Additional Rent as provided in Section 16.2 of all applicable governmental authoritiesthis Lease for any excess electricity use; and (d) such Generator Facilities are installed in the location identified on Exhibit J. Notwithstanding anything to the contrary in this Section 16.8, Landlord and Tenant shall have cooperate to agree to modifications to the rightLicense Agreement (Rooftop Installations) reasonably requested by the other party and as necessary to take into account the type of Generator Facilities to be installed pursuant to such License Agreement (Generator) and the location thereof; provided that the License Agreement (Generator) shall provide, in any event, that (i) the installation of the Generator Facilities pursuant thereto shall be at Tenant’s sole cost and expense and shall be subject to Landlord’s reasonable approval of plans, specifications, location, method of installation, shielding, type of generator to be installed, manner of placement and manner of connection to the electrical system serving the Premises; (ii) Tenant shall be responsible for restoring and repairing any damage caused by the installation, use, maintenance or removal of such Generator Facilities (or reimbursing Landlord for the cost thereof); and (iii) if the Landlord requires the removal of the Generator Facilities, the Generator Facilities shall be removed by Tenant, at its sole cost and expense, to install back-up emergency generators on one or more pads outside before the Building in locations depicted on Exhibit J attached hereto (the area upon which such generator shall be located shall be collectively referred to herein as the “Generator Site”). Such generator 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 shall not be unreasonably withheld. In addition, Tenant shall have the right 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 expiration of the Building as is reasonably necessary to connect the Emergency Generator to Tenant’s other machinery and equipment in the Premises, subject, however, to the provisions of Section 36(b) below. Subject to Section 36(c) below and all Term or earlier termination of the terms and conditions of this Lease, and subject to all Legal Requirements and such reasonable rules and regulations as Landlord may impose from time to time, Tenant shall also have the right of access twenty-four (24) hours per day, seven (7) days per week to the areas where the Emergency Generator and/or any Generator Connecting Equipment (all collectively referred to herein as the “Generator Equipment”) are located for the purposes of maintaining, repairing, testing and replacing the same.License in accordance with Section 12.3

Emergency Generator. (a) Landlord hereby agrees that, subject to this Section 3624.30, Tenant’s compliance with all Legal Requirements applicable laws and all recorded covenants, conditions and restrictions affecting the Project, and subject to the approval of all applicable governmental authorities, Tenant shall have the right, at Tenant’s sole cost and expense, to install one (1) back-up emergency generators generator on one or more pads the pad outside the Building in locations the location depicted on Exhibit J H attached hereto (the area upon which such generator shall be located shall be collectively referred to herein as the “Generator Site”). Such generator 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 shall not be unreasonably withheld. In addition, Tenant shall have the right 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 Tenant’s other machinery and equipment in the Premises, subject, however, to the provisions of Section 36(b) 24.30.2 below. Subject to Section 36(c) 24.30.3 below and all of the terms and conditions of this Lease, and subject to all Legal Requirements Laws and such reasonable rules and regulations as Landlord may impose from time to time, Tenant shall also have the right of access twenty-four (24) hours per day, seven (7) days per week to the areas where the Emergency Generator and/or any Generator Connecting Equipment (all collectively referred to herein as the “Generator Equipment”) are located for the purposes of maintaining, repairing, testing and replacing the same.

Emergency Generator. Subject to (ai) Landlord hereby agrees that, subject to this Section 36, Tenant’s compliance with all Legal Requirements and all recorded covenants, conditions and restrictions affecting the Project, and subject to the approval of all applicable governmental authoritiesagencies, (ii) Tenant's compliance with all Applicable Laws and the provisions of this Section 24.31 and the other provisions of this Lease, and (iii) the provisions of, and Tenant's compliance with and obtaining all approvals required under, all covenants, conditions and restrictions recorded against the Project, Tenant shall have the exclusive right, at Tenant’s 's sole cost and expenseexpense and subject to the provisions of this Section 24.31, to install utilize the existing back-up emergency generators on one or more pads outside generator (the Building "Generator") in locations the location depicted on Exhibit J E attached hereto (the area upon which such generator shall be located shall be collectively referred to herein as the “"Generator Site”"). Such generator shall be of such size and specificationsThe Generator, and include such together with all platforms, fencing, enclosures, sheds and other related materials and equipment, as equipment shall be approved by Landlord prior referred to installation (collectively, herein as the “Emergency Generator”), which approval shall not be unreasonably withheld"Generator Equipment". In addition, Tenant shall have the right 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 Equipment to the Premises, and Tenant’s 's other machinery and equipment in the Premisestherein, subject, however, to the provisions of Section 36(b) 24.31.2 below. Subject to Section 36(c) below and all of the terms and conditions of this Lease, and subject to all Legal Requirements and such reasonable rules and regulations as Landlord may impose from time to time, Tenant shall also have the right of access twenty-four (24) hours per dayaccess, seven (7) days per week consistent with Section 24.31.3 below, to the areas where the Emergency Generator and/or Equipment and any such Generator Connecting Equipment (all collectively referred to herein as the “Generator Equipment”) are located for the purposes of maintaining, repairing, testing and replacing the same. The Generator Equipment and related Generator Connecting Equipment are hereby referred to together and/or separately as the "Emergency Power Supply Equipment".