Common use of Emergency Generator Clause in Contracts

Emergency Generator. Subject to the provisions of this Section 4.7, Tenant shall have the right to install in the Building’s parking garage (at a location to be determined by Landlord) an Emergency Generator (the “Emergency Generator”), and such transfer switches, feeders, switchboards, appurtenances and/or additional electrical equipment, as may be necessary to connect the Emergency Generator through the existing bus duct riser to one point of connection at the Premises for the provision of service to the Premises, consistent with the specifications for the Emergency Generator (“Additional Electrical Equipment”), all in accordance with plans approved under Exhibit “B” hereto and all for the provision of electricity to the Premises in the event electricity is not otherwise available to the Premises. All costs in connection with the installation, operation, use, maintenance, repair and removal of the Emergency Generator shall be the sole responsibility of, and shall be paid by, Tenant (provided that Tenant shall have the right to apply such costs against the Improvement Allowance or Additional Improvement Allowance, as and to the extent provided in Exhibit B). All costs of the distribution of such service within the Premises shall be paid by Tenant. The purpose of this Section 4.7 is to permit Tenant, at its sole expense, to install, operate, use, maintain, repair and remove the Emergency Generator and the Additional Electrical Equipment, provided that the installation, operation, use, repair, maintenance and removal of such Emergency Generator complies with the following requirements, each of which is both a covenant by Tenant, and a condition to Tenant’s operation, use, repair, maintenance and removal of the Emergency Generator and the Additional Electrical Equipment: i. Installation, operation, use, repair, maintenance and removal must meet all Regulations (as defined below), including all federal, state and local licensing requirements and be in compliance with all applicable building and fire codes, including any required conditional use permit. ii. Installation, operation, use, repair, maintenance and removal must not interfere with the Building systems or any systems of other tenants. iii. Installation operation, use, repair, maintenance and removal shall be conducted by licensed contractors approved by Landlord. iv. The Emergency Generator must be confined to the designated space in the parking area approved by Landlord and may not interfere with any other parking spaces for the Building. v. The Emergency Generator shall not interfere in any way with the Building’s engineering or other maintenance functions. vi. The color, size and aesthetics of the Emergency Generator shall be reasonably approved by Landlord. vii. In no event shall the Emergency Generator or any appurtenant wiring or cable adversely affect any of the mechanical, electrical, life-safety, structural or other systems of the Building. viii. Tenant shall remove the Emergency Generator at the end of the Term, and shall repair any damage to the University Project that is caused by the operation, use, repair, maintenance and removal of the Emergency Generator.

Emergency Generator. Subject 56.1 Landlord hereby grants to the provisions of this Section 4.7, Tenant shall have the right to install in the Building’s parking garage (at a location to be determined by Landlord) an Emergency Generator exclusive license (the “Emergency GeneratorGenerator License”), at Tenant’s sole cost and such transfer switchesexpense, feeders, switchboards, appurtenances and/or additional electrical equipment, as may be necessary to connect the Emergency Generator through the existing bus duct riser to one point of connection at the Premises for the provision of service to the Premises, consistent with the specifications for the Emergency Generator (“Additional Electrical Equipment”), all in accordance with plans approved under Exhibit “B” hereto and all for the provision of electricity to the Premises in the event electricity is not but otherwise available to the Premises. All costs in connection with the installation, operation, use, maintenance, repair and removal of the Emergency Generator shall be the sole responsibility of, and shall be paid by, Tenant (provided that Tenant shall have the right to apply such costs against the Improvement Allowance or Additional Improvement Allowance, as and to the extent provided in Exhibit B). All costs of the distribution of such service within the Premises shall be paid by Tenant. The purpose of this Section 4.7 is to permit Tenant, at its sole expensewithout charge, to install, operate, usemaintain and use on the Land, maintainin the location shown on Exhibit G, repair an electrical generator and remove related equipment (collectively, the Emergency “Generator”), including, but not limited to, fuel storage and lines, electrical lines and electrical power connections and meters to service the Premises, subject to, and in accordance with, the terms and conditions contained in Paragraph 13 above and this Paragraph 56. 56.2 The Generator License is subject to the following requirements: (a) The manufacturer of the Generator, the type, size, and quality of the Generator, the substance to be stored in the Generator, the precise location of the Generator, all safety, monitoring, and related Generator equipment, the method and manner of installation, and all other matters material to the installation of the Generator, including, without limitation, all Building penetrations, are subject to Landlord’s prior written approval, which approval shall not be withheld unless the Disapproval Conditions apply. (b) Tenant’s contractor for installation of the Generator shall be subject to Landlord’s prior approval (which approval will not be unreasonably withheld, delayed or conditioned) and such contractor must provide evidence of insurance reasonably satisfactory to Landlord prior to commencing work in or about the Building. (c) The Generator must be installed in a good and workmanlike manner and in accordance with all Applicable Laws, and in accordance with plans and specifications approved in advance by Landlord, which approval shall not be withheld unless the Disapproval Conditions apply. (d) Tenant, at its expense, shall at all times keep the Generator in good order, condition and repair, and the Additional Electrical EquipmentGenerator location and the areas immediately surrounding same neat and clean. With respect to all operations relating to the Generator, provided Tenant shall conduct its business in such manner as not to create any nuisance, or interfere with, annoy or disturb any other tenant of the Building or Landlord in its operation of the Building; provided, however, that to routinely run the Generator, in non-emergency circumstances, for purposes including, without limitation, testing, training, maintenance and repair, and picking up utility company shed load shall not be considered an annoyance. (e) Tenant, at its sole cost and expense, shall comply with all Applicable Laws and restrictive covenants applicable to the installation, operationmaintenance, useoperation and use of the Generator. Without limiting the generality of the foregoing, repair, maintenance and removal of such Emergency Generator complies with the following requirements, each of which is both a covenant by TenantTenant shall be responsible for obtaining any building permits, and a condition to Tenant’s operationany licenses, useconsents, repair, maintenance and removal of the Emergency Generator and the Additional Electrical Equipment: i. Installation, operation, use, repair, maintenance and removal must meet all Regulations (as defined below), including all approvals or permits which may be required by any federal, state and local licensing requirements and be in compliance with all applicable building and fire codes, including any agencies or governmental authorities required conditional use permit. ii. Installation, operation, use, repair, maintenance and removal must not interfere with the Building systems or any systems of other tenants. iii. Installation operation, use, repair, maintenance and removal shall be conducted by licensed contractors approved by Landlord. iv. The Emergency Generator must be confined to the designated space in the parking area approved by Landlord and may not interfere with any other parking spaces for the Building. v. The Emergency Generator shall not interfere in any way with the Building’s engineering or other maintenance functions. vi. The colorinstallation, size and aesthetics of the Emergency Generator shall be reasonably approved by Landlord. vii. In no event shall the Emergency Generator or any appurtenant wiring or cable adversely affect any of the mechanicalmaintenance, electrical, life-safety, structural or other systems of the Building. viii. Tenant shall remove the Emergency Generator at the end of the Term, and shall repair any damage to the University Project that is caused by the operation, use, repair, maintenance operation and removal of the Emergency Generator, shall provide copies of the same to Landlord, and shall, at all times during the term of the License, comply with all requirements of any such agency or authority. (f) Tenant shall respond to any release of Hazardous Materials from the Generator promptly after Tenant becomes aware of such release, regardless of the amount of the release, and shall make all required governmental notifications in the event of a release. In addition, Tenant shall promptly notify Landlord of such release after Tenant becomes aware thereof. The provisions of Paragraph 7.2(a) shall be fully applicable to the Generator and Tenant’s activities with respect to the Generator License.

Emergency Generator. Subject (a) Tenant, subject to the provisions Landlord’s review and approval of this Section 4.7Tenant’s plans therefor, Tenant shall have the right to install in the Building’s parking garage (at a location to be determined by Landlord) an Emergency Generator supplemental generator (the “Emergency Generator”), ) and such transfer switches, feeders, switchboards, appurtenances and/or an above ground fuel tank (the “Tank”) to provide emergency additional electrical equipment, as may be necessary to connect the Emergency Generator through the existing bus duct riser to one point of connection at the Premises for the provision of service to the Premises, consistent with the specifications for the Emergency Generator (“Additional Electrical Equipment”), all in accordance with plans approved under Exhibit “B” hereto and all for the provision of electricity capacity to the Premises in during the event electricity is not otherwise available to the PremisesTerm. All costs in connection with the installation, operation, use, maintenance, repair and removal The size of the Emergency Generator shall be the sole responsibility of, and shall be paid by, Tenant (provided that Tenant shall have the right to apply such costs against the Improvement Allowance or Additional Improvement Allowance, as and to the extent provided in Exhibit B). All costs of the distribution of such service within the Premises shall be paid by Tenant. The purpose of this Section 4.7 is to permit Tenant, at its sole expense, to install, operate, use, maintain, repair and remove the Emergency Generator and the Additional Electrical EquipmentTank as are subject to Landlord’s prior written approval, provided that the installationwhich approval shall not be unreasonably withheld, operation, use, repair, maintenance and removal of such Emergency Generator complies with the following requirements, each of which is both a covenant by Tenant, and a condition to Tenant’s operation, use, repair, maintenance and removal of the Emergency conditioned or delayed. The Generator and the Additional Electrical Tank are a part of and included in the Equipment: i. Installation, operation, use, repair, maintenance . Tenant’s plans for the Generator and removal must meet all Regulations (as defined below), including all federal, state the Tank shall include a secondary containment system to protect against and local licensing requirements contain any release of hazardous materials. The Generator and be in compliance with all applicable building and fire codes, including any required conditional use permit. ii. Installation, operation, use, repair, maintenance and removal must not interfere with the Building systems or any systems of other tenants. iii. Installation operation, use, repair, maintenance and removal Tank shall be conducted by licensed contractors approved by placed upon the Equipment Area. Notwithstanding the foregoing, Tenant’s right to install the Generator and the Tank shall be subject to Landlord. iv. The Emergency ’s approval of the manner in which the Generator must be confined and the Tank is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the designated space in Premises and the parking area approved by Landlord and may not interfere with measures that will be taken to eliminate any other parking spaces for vibrations or sound disturbances from the Building. v. The Emergency Generator shall not interfere in any way with the Building’s engineering or other maintenance functions. vi. The color, size and aesthetics operation of the Emergency Generator shall be reasonably approved by Landlord. vii. In no event shall the Emergency Generator Generator, including, without limitation, any necessary 2 hour rated enclosures or any appurtenant wiring or cable adversely affect any of the mechanical, electrical, life-safety, structural or other systems of the Building. viiisound installation. Tenant shall remove be solely responsible for obtaining all necessary governmental and regulatory approvals and for the Emergency cost of installing, operating, maintaining and removing the Generator at and the end of the Term, and shall repair any damage Tank. Notwithstanding anything herein to the University Project that is caused by contrary, if Tenant does not install the operationGenerator and the Tank on or before December 31, use2013, repairor if Tenant, maintenance and removal of after installation, removes the Emergency Generator.Generator or the Tank from the Equipment Area for reasons other

Emergency Generator. Subject to the provisions of this Section 4.7, Landlord grants Tenant shall have the right to install Install, at Tenant's sole cost and expense, as part of the construction of the Tenant Improvements or at any time thereafter, an emergency generator in the Building’s parking garage (at a location shown on Exhibit G-4 attached to be determined by Landlord) an Emergency Generator (the “Emergency Generator”), this Lease together with supplemental fuel lines and such transfer switches, feeders, switchboards, appurtenances and/or additional electrical equipment, as may be necessary to connect the Emergency Generator through the existing bus duct riser to one point of connection at the Premises for the provision of service related connections to the PremisesBuilding (collectively, consistent with the specifications for the Emergency Generator (“Additional Electrical Equipment”), all in accordance with plans approved under Exhibit “B” hereto and all for the provision of electricity to the Premises in the event electricity is not otherwise available to the Premises. All costs the" Generator'l Any fuel container used in connection with the installationGenerator must be maintained by Tenant above-ground and in compliance with all applicable legal requirements. The plans and specifications for the Generator and its installation shall be subject to Landlord's prior approval, operationwhich shall not be unreasonably withheld, use, maintenance, repair and removal Landlord may condition same upon the construction by Tenant of an enclosure reasonably acceptable to Landlord to screen the Generator. All work shall be performed by a contractor approved by Landlord and in accordance with Landlord's construction rules and insurance requirements. The Generator shall be deemed to be a part of the Emergency Premises for purposes of the indemnification and insurance provisions of this Lease; provided, however, Tenant shall not be charged any rent therefor. Repair and maintenance of the Generator shall be the sole responsibility ofof Tenant. At Landlord's option, and shall be paid by, Tenant (provided Landlord may require that Tenant shall have remove the right to apply such costs against Generator and all related facilities upon the Improvement Allowance expiration or Additional Improvement Allowance, as earlier termination of the Term and repair all damage to the extent provided in Exhibit B). All costs of Building resulting from the distribution of such service within the Premises shall be paid by Tenant. The purpose of this Section 4.7 is to permit Tenant, at its sole expense, to install, operate, use, maintain, repair and remove the Emergency Generator and the Additional Electrical Equipment, provided that the installation, operation, use, repair, maintenance and removal of such Emergency Generator complies with the following requirements, each of which is both a covenant by Tenant, and a condition to Tenant’s operation, use, repair, maintenance and installation or removal of the Emergency Generator, reasonable wear and tear and damage caused by casualty excepted, at Tenant's sole cost and expense. The Generator and the Additional Electrical Equipment: i. Installationshal be used by Tenant only during tesUng, operation, use, repair, regular maintenance and removal must meet all Regulations (as defined below), including all federal, state and local licensing requirements and be periods of electrical power outage or power reduction in compliance with all applicable building and fire codes, including any required conditional use permit. ii. Installation, operation, use, repair, maintenance and removal must not interfere with the Building systems or any systems of other tenants. iii. Installation operation, use, repair, maintenance and removal shall be conducted by licensed contractors approved by Landlord. iv. The Emergency Generator must be confined to the designated space in the parking area approved by Landlord and may not interfere with any other parking spaces for the Building. v. The Emergency Generator shall not interfere in any way with the Building’s engineering or other maintenance functions. vi. The color, size and aesthetics of the Emergency Generator shall be reasonably approved by Landlord. vii. In no event shall the Emergency Generator or any appurtenant wiring or cable adversely affect any of the mechanical, electrical, life-safety, structural or other systems of the Building. viii. Tenant shall remove the Emergency Generator at the end of the Term, and shall repair any damage to the University Project that is caused by the operation, use, repair, maintenance and removal of the Emergency Generator.

Emergency Generator. Subject to the provisions of this Section 4.7TCCs hereof and Applicable Laws, Tenant shall have the right right, at Tenant sole cost and expense but without any additional payment to Landlord, to install in the Building’s parking garage (at a location to be determined by Landlord) and operate an Emergency Generator emergency generator (the “Emergency Generator”) in an area designated by Landlord (the “Generator Area”), and such transfer switches, feeders, switchboards, appurtenances and/or additional electrical equipment, as may be necessary in order to connect the Emergency Generator through the existing bus duct riser to one point of connection at the Premises for the provision of provide emergency electricity service to the Premises. Landlord shall deliver, consistent and Tenant shall accept, the Generator Area in its “as-is”, “where-is” condition. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the specifications Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for the Emergency Generator (“Additional Electrical Equipment”), all maintenance and repairs in accordance with plans manufacturer specifications and compliance with Applicable Law obligations related to the Generator and acknowledges and agrees that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in either Building. Tenant shall be entitled to operate the Generator, and such connections to either Building, for testing and regular maintenance at times reasonably approved under Exhibit “B” hereto by Landlord. Tenant shall comply with all reasonable requirements imposed by Landlord so that the Building Systems or other components of the Project are not adversely affected by the operation of the Generator. Tenant shall indemnify, defend, protect, and hold harmless Landlord, its partners, subpartners and their respective officers, agents, servants, employees, and independent contractors from any and all for loss, cost, damage, expense and liability (including, without limitation, court costs and reasonable attorneys’ fees) incurred in connection with or arising from any cause related to or connected with the provision use, operation or repair of electricity to the Premises in Generator, and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the event electricity is not otherwise available to the Premises. All costs contractors, agents, servants, employees, invitees, guests or licensees of Tenant or any such person, in connection with the installation, operation, use, maintenance, repair and removal Generator or any breach of the Emergency Generator shall be the sole responsibility ofTCCs of this Article 22, and shall be paid by, Tenant (provided that the TCCs of the foregoing indemnity shall not apply to the active negligence or willful misconduct of Landlord. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord’s other remedies, (i) Landlord shall have the right to apply such costs against the Improvement Allowance or Additional Improvement Allowance, as and terminate Tenant’s rights with respect to the extent provided in Exhibit B). All costs of Generator, and/or (ii) Landlord shall have the distribution of such service within the Premises shall be paid by Tenant. The purpose of this Section 4.7 is to permit Tenantright, at its Tenant’s sole cost and expense, to installcure such breach, operatein which event Tenant shall be obligated to pay to Landlord, usewithin ten (10) days following demand by Landlord, maintain, repair and remove the Emergency Generator and amount expended by Landlord. In the Additional Electrical Equipment, provided that event the installation, operation, use, repair, maintenance and removal of such Emergency Generator complies with the following requirements, each of which is both a covenant by Tenant, and a condition to Tenant’s operation, use, repair, maintenance and removal location of the Emergency Generator and the Additional Electrical Equipment: i. Installation, operation, use, repair, maintenance and removal must meet all Regulations (as defined below), including all federal, state and local licensing requirements and be in compliance with all applicable building and fire codes, including any required conditional use permit. ii. Installation, operation, use, repair, maintenance and removal must not interfere with the Building systems or any systems of other tenants. iii. Installation operation, use, repair, maintenance and removal shall be conducted by licensed contractors approved by Landlord. iv. The Emergency Generator must be confined to the designated space is in the parking area approved facilities, then Tenant’s right to rent the number of parking passes set forth in Section 9 of the Summary shall be reduced by Landlord and may not interfere with any other the number of parking spaces and partial parking spaces affected by the Generator; provided that Tenant shall be required to pay the prevailing rate for each of the parking spaces and partial parking spaces affected by the Generator at such times during the Lease Term that Tenant is otherwise required to pay for the Buildingrenting of its parking passes pursuant to Article 28 below. v. The Emergency Generator shall not interfere in any way with the Building’s engineering or other maintenance functions. vi. The color, size and aesthetics of the Emergency Generator shall be reasonably approved by Landlord. vii. In no event shall the Emergency Generator or any appurtenant wiring or cable adversely affect any of the mechanical, electrical, life-safety, structural or other systems of the Building. viii. Tenant shall remove the Emergency Generator at the end of the Term, and shall repair any damage to the University Project that is caused by the operation, use, repair, maintenance and removal of the Emergency Generator.