Common use of Emergency Generators Clause in Contracts

Emergency Generators. Landlord hereby agrees that, subject to Tenant's compliance with all applicable Laws and all 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 (but without any obligation to pay any rent or license fees with respect thereto), and subject to the provisions of Section 24.31 below, to install one (1) back-up emergency generator in the general location within the Project depicted on Exhibit K (the exact area upon which such generator shall be located shall be subject to Landlord's reasonable approval and once determined, shall be referred to herein as the "Generator Site"). Subject to the terms hereof, Tenant shall also have the right to install one (1) additional back-up emergency generator on the Generator Site; provided, however, that in the event the size of the Generator Site is not able to accommodate such additional generator and if Landlord approves enlarging the Generator Site to accommodate the installation of such additional generator (which approval shall mot be unreasonably withheld), then Landlord and Tenant acknowledge and agree that in the event such Landlord-approved enlargement of the Generator Site would entail an encroachment by such enlarged Generator Site of any parking spaces located adjacent to the Generator Site, then the number of reserved parking passes provided to Tenant under this Lease shall be reduced by the number of perking spaces that are encroached upon by [***] Confidential portions of this document have been redacted and filed separately with the Commission.

Emergency Generators. Effective as of the date of this Third Amendment, Section 29.35 of the Office Lease is hereby amended and restated as follows: Subject to the terms hereof and applicable laws, Tenant shall have the right to install one (1) back-up electrical generator and one (1) auxiliary above-ground fuel tank for such generator 723517.06/WLA214064-00020/7-15-14/pjr 13 12400 HIGH BLUFF DRIVEThird Amendment[AMN Healthcare, Inc.] Exhibit 10.1 (with a fuel tank not to exceed 25,000 gallons) (collectively, the "New Generator") in the area adjacent to the Building as generally shown on Exhibit A of the Third Amendment, and in the particular location reasonably designated by Landlord hereby agrees that(the "New Generator Area"). All connections (cables, subject cable trays, etc.) from such New Generator to the Premises shall be located in areas reasonably approved by Landlord, but shall in any event be located and installed in a manner similar to that of the existing generator previously installed by Tenant (the "Existing Generator"), which Existing Generator Tenant shall continue to have the right to operate pursuant to the terms of the Lease. The New Generator and Existing Generator are, collectively, the Generators. In no event shall Tenant permit the New Generator to interfere with normal and customary use or operation of the Building and Project by Landlord or other tenants and/or occupants (including, without limitation, by means of noise or odor). Tenant shall be responsible for any and all costs, if any, incurred by Landlord as a result of or in connection with Tenant's installation, operation, use and/or removal of the New Generator and/or the Existing Generator. Landlord, at Landlord's sole cost and expense, shall install screening, landscaping or other improvements as reasonably desired by Landlord (but without implied obligation) to satisfy its aesthetic requirements in connection with the New Generator and/or the Existing Generator. Subject to Landlord's prior approval of all plans and specifications, which approval shall not be unreasonably withheld, conditioned or delayed, and at Tenant's sole cost and expense, Landlord shall permit Tenant to install and maintain the New Generator in the New Generator Area, and connections between the New Generator and Landlord's electrical systems in the Building, all in compliance with all applicable Laws laws, provided that Landlord shall, at Landlord's sole cost and expense, construct the pad site and electrical wiring conduits for the New Generator pursuant to Tenant's reasonable specifications therefore in the New Generator Area. Without limitation of the foregoing, all recorded covenantsconditions relating to the installation, conditions connection, use, repair and restrictions affecting removal of the Real PropertyNew Generator (including, without limitation, the manner and means of Tenant's connection of the New Generator to the core of the Building and/or through the Building risers to the Premises) shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld. Tenant shall be responsible for all maintenance and repairs and compliance with law obligations related to both the Generators and acknowledges 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 either Generators. The Generators shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall be entitled to operate the Generators and such connections to the Building for testing and regular maintenance only upon notice to Landlord and at times reasonably approved by Landlord. Tenant shall submit the specifications for design, operation, installation and maintenance of the connections to the New Generator and facilities related thereto to Landlord for Landlord's consent, which consent will not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord's engineers, so that the Building's systems or other components of the Building are not adversely affected by the installation and operation of the New Generator and/or based upon other reasonable factors as determined by Landlord. The cost of design (including engineering costs) and installation of the Generator and the costs of the Generator itself shall be Tenant's sole responsibility (subject to application of the Refurbishment Allowance as set forth in Exhibit B attached hereto). All repairs and maintenance and compliance with laws with respect to the Generators shall be the sole responsibility of Tenant (at Tenant's sole cost and expense), and Landlord makes no representation or warranty of any kind with respect to such Generators. At Landlord's option, Landlord may require that Tenant remove the Generators and all related facilities and equipment upon the expiration or earlier termination of the Lease, as amended (or upon any earlier termination of Tenant's rights with respect to the Generators as provided hereunder), and repair all damage to the Building and/or Project resulting from such removal and restore all affected areas to their condition existing prior to Tenant's installation of the Generators, all at Tenant's sole cost and expense; provided, however, in no event shall Tenant be required to remove the pad site and electrical wiring conduits for the New Generator or the Existing Generator. The terms of the preceding sentence as well as the indemnity set forth below shall survive the termination or earlier expiration of the Lease, as amended. 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 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 installation, use, operation, repair and/or removal of the Generators and/or any acts, omissions or negligence of Tenant or of any person claiming by, through or under Tenant, or of the contractors, agents, servants, employees, invitees, guests or 723517.06/WLA214064-00020/7-15-14/pjr 14 12400 HIGH BLUFF DRIVEThird Amendment[AMN Healthcare, Inc.] Exhibit 10.1 licensees of Tenant or any such person, in connection with the Generators. 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 terminate Tenant's rights with respect to the applicable governmental authoritiesGenerator, Tenant and/or (ii) Landlord shall have the right, at Tenant's sole cost and expense (but without any obligation expense, to cure such breach, in which event Tenant shall be obligated to pay any rent or license fees to Landlord, within ten (10) business days following demand by Landlord, the amount expended by Landlord, plus Landlord's standard administration fee. The Generators shall be deemed to be a part of the Remaining Premises for purposes of the insurance provisions of the Lease, as amended hereby, and, in addition, Tenant shall maintain, at Tenant's cost, industry standard "boiler and machinery" insurance coverage with respect thereto), and subject to the provisions of Section 24.31 below, to install one (1) back-up emergency generator in the general location within the Project depicted on Exhibit K (the exact area upon which such generator shall be located shall be subject to Landlord's reasonable approval and once determined, shall be referred to herein as the "Generator Site"). Subject to the terms hereof, Tenant shall also have the right to install one (1) additional back-up emergency generator on the Generator Site; provided, however, that in the event the size of the Generator Site is not able to accommodate such additional generator and if Landlord approves enlarging the Generator Site to accommodate the installation of such additional generator (which approval shall mot be unreasonably withheld), then Landlord and Tenant acknowledge and agree that in the event such Landlord-approved enlargement of the Generator Site would entail an encroachment by such enlarged Generator Site of any parking spaces located adjacent to the Generator Site, then the number of reserved parking passes provided to Tenant under this Lease shall be reduced by the number of perking spaces that are encroached upon by [***] Confidential portions of this document have been redacted and filed separately with the Commission.