Common use of Emergency Power Generator Clause in Contracts

Emergency Power Generator. Subject to the terms and conditions set forth in this Lease and to Tenant obtaining all necessary governmental permits and approvals, and so long as Tenant shall not interfere with any Building systems, Tenant shall have the right to install, operate and maintain, at Tenant's sole cost and expense, a maximum ____ kilowatt back-up generator ("TENANT'S GENERATOR") on the Site near the Building or on the roof of the Building at Landlord's discretion. Tenant shall not be obligated to pay any rental or other charges with respect to the area designated for Tenant's Generator. Landlord shall have the right to review and approve Tenant's plans and specifications for the proposed equipment, including, without limitation, the size, method of installation and visibility of such equipment. Notwithstanding the foregoing, in no event may the installation of Tenant's Generator involve the installation of an underground storage tank. The above-ground storage tank associated with Tenant's Generator (the "AST") shall not exceed ____ gallons in capacity, shall be double walled in thickness, shall contain diesel fuel only (to power Tenant's Generator only), and shall employ at a minimum a double containment system whereby if the first containment system fails, a second containment system shall be present to prevent releases of Hazardous Materials, all in accordance with applicable laws and environmental regulations. For these purposes, a sealed, uncracked concrete slab containment area without drains shall be sufficient (but shall not be the exclusive method) to constitute the second containment system, provided it is large enough to completely contain a release of the maximum volume of Hazardous Materials which could be present in the first containment system. Landlord, in its sole and absolute discretion, shall determine the location of Tenant's Generator and the AST. Tenant acknowledges that any loss of parking attributable to the location of Tenant's Generator and/or AST will be at Tenant's sole risk and come out of Tenant's share of parking. All handling, use, storage and disposal of Hazardous Materials relating to the AST or Tenant's Generator shall be accomplished by Tenant at its sole cost and expense in accordance with and subject to the terms of the Lease regarding Hazardous Materials. In conjunction with the installation of Tenant's Generator, subject to Landlord's prior approval of Tenant's plans and specifications, Tenant shall have the right to install an emergency generator connection on the outside of the Building for the purpose of connecting Tenant's Generator to the Premises and an appurtenant electrical grounding system. Furthermore, Tenant shall have the right to install ______(___) ______(__) inch conduits from Tenant's Generator to the Premises, provided, however, that such conduits are installed below grade to Landlord's reasonable satisfaction in accordance with the design and architectural standards for the Building. Prior to or within sixty (60) days following the expiration, or earlier termination of the Term of this Lease, Tenant agrees upon Landlord's request to (i) promptly remove from the Project, at its sole cost and expense, the AST (including, at Landlord's request, the basement slab), if any, and Tenant's Generator and all Hazardous Materials which are brought upon, stored, used, generated or released upon, in, under or about the Premises, the Project or any portion thereof by Tenant or any Tenant Parties in connection with Tenant's Generator or AST, and (ii) return the Premises and the balance of the Project to substantially the condition existing prior to Tenant's installation of Tenant's Generator and AST. Tenant shall be solely responsible for complying with any and all Environmental Laws relating to the AST, Tenant's Generator and all Hazardous Materials associated with either of the same, including, without limitation, all permitting and tank installations, monitoring and removal/closure obligations. For purposes of all Environmental Laws, Tenant shall be the owner and operator of the AST. Tenant shall be responsible for ensuring compliance by all Tenant Parties with all Environmental Laws relating to the AST and Tenant's Generator. Any acknowledgment, consent or approval by Landlord of Tenant's use or handling of Hazardous Materials shall not constitute an assumption of risk respecting the same nor a warranty or certification by Landlord that Tenant's proposed use and handling of Hazardous Materials is safe or reasonable or in compliance with Environmental Laws. From time to time during the Term and for up to one hundred eighty (180) days thereafter, Landlord may, and upon Landlord's request, Tenant shall, retain a registered environmental consultant ("CONSULTANT") acceptable to Landlord to conduct an environmental investigation of the Project ("ENVIRONMENTAL ASSESSMENT") (i) for Hazardous Materials contamination in, about or beneath the Project relative to the AST or Tenant's Generator, and (ii) to assess the activities of Tenant and all Tenant Parties with respect to Tenant's Generator and the AST for compliance with all Environmental Laws and to recommend the use of procedures intended to reasonably reduce the risk of a release of Hazardous Materials. If the Environmental Assessment discloses any material breach of Environmental Laws by Tenant or any Tenant Parties, then the cost thereof shall be the sole responsibility of Tenant, payable as additional rent under this Lease. Otherwise, the costs of the Environmental Assessment shall be the responsibility of Landlord. If Landlord so requires, Tenant shall comply, at its sole cost and expense, with all reasonable recommendations contained in the Environmental Assessment, including any reasonable recommendations with respect to precautions which should be taken with respect to Tenant's or Tenant Parties' activities at the Project relative to the AST or Tenant's Generator or any recommendations for additional testing and studies to detect the presence of Hazardous Materials relative to the AST or Tenant's Generator. Tenant covenants to reasonably cooperate with the Consultant and to allow entry RIDER NO. 4 -1- 76 and reasonable access to the AST and Tenant's Generator for the purpose of the Consultant's investigations. If any cleanup or monitoring procedure is required by any applicable governmental authorities in or about the Project as a consequence of any Hazardous Materials contamination by Tenant or any of Tenant's Parties arising out of Tenant's Generator or AST use, and the procedure for cleanup is not completed (to the satisfaction of all applicable governmental authorities) prior to the expiration or earlier termination of the Term of this Lease (referred to herein as "TENANT'S FAILURE TO CLEAN-UP"), then, without limiting any of Landlord's other rights and remedies contained in this Lease (including, without limitation, any indemnity and restoration obligations of Tenant contained in this Lease), Tenant will additionally be liable for any revenue of Landlord lost to the extent Landlord is precluded from re-leasing the Premises or any other portion of the Project as a result of such contamination. Subject to Tenant obtaining all necessary governmental permits and approvals, Tenant shall have the right, at Tenant's sole cost and expense, to test Tenant's Generator once per month during the Term at a time after normal business hours mutually agreed upon by Landlord and Tenant. Tenant shall indemnify and hold Landlord harmless from any and all liability, losses, damages, actions or causes of action, judgments, costs and expenses arising in any way from Tenant's installation, operation, maintenance and removal of Tenant's Generator and the AST, or any breach of Tenant's obligations under this Lease with respect to Tenant's Generator and the AST. The representations, warranties and agreements of the Tenant set forth in this Rider No. 4 shall survive the expiration of the Lease Term or the earlier termination of the Lease for any reason.

Emergency Power Generator. Subject to The Premises shall include an electrical generator pad located by Landlord at the terms and conditions set forth in this Lease and to Tenant obtaining all necessary governmental permits and approvals, and so long as Tenant shall not interfere with any exterior of Building systems, Tenant shall have the right to install, operate and maintain, at Tenant's sole cost and expense, a maximum ____ kilowatt back-up generator ("TENANT'S GENERATOR") on the Site near the Building or on the roof Three west of the Building at Landlord's discretion. Tenant shall not be obligated to pay any rental or other charges with respect to the loading dock area designated for Tenant's Generator. Landlord shall have the right to review and approve Tenant's plans and specifications for the proposed equipment, including, without limitation, the size, method of installation and visibility of such equipment. Notwithstanding the foregoing, in no event may the installation of Tenant's Generator involve the installation of an underground storage tank. The above-ground storage tank associated with Tenant's Generator (the "ASTGenerator Pad") shall not exceed ____ gallons in capacity, ). The Generator Pad shall be double walled in thickness, shall contain diesel fuel only (to power Tenant's Generator only), and shall employ at a minimum a double containment system whereby if the first containment system fails, a second containment system shall be present to prevent releases of Hazardous Materials, all constructed by Tenant in accordance with applicable laws plans approved in advance by Landlord, which approval will not be unreasonably withheld, delayed or conditioned, and environmental regulationswhich plans shall include fencing and such curbing as is necessary to contain any fuel spill. For these purposesTenant may install on the Generator Pad a backup generator and fuel tank (collectively the "Generator"), a sealedthe make, uncracked concrete slab containment area without drains model and design of which shall be sufficient (but shall not be the exclusive method) to constitute the second containment system, provided it is large enough to completely contain a release of the maximum volume of Hazardous Materials which could be present in the first containment system. Landlord, in its sole and absolute discretion, shall determine the location of Tenant's Generator and the AST. Tenant acknowledges that any loss of parking attributable to the location of Tenant's Generator and/or AST will be at Tenant's sole risk and come out of Tenant's share of parking. All handling, use, storage and disposal of Hazardous Materials relating to the AST or Tenant's Generator shall be accomplished by Tenant at its sole cost and expense in accordance with and subject to the terms of the Lease regarding Hazardous Materials. In conjunction with the installation of Tenant's Generator, subject to Landlord's prior approval, which approval will not be unreasonably withheld, delayed or conditioned. The design and operation of the Generator and Generator Pad shall be such as to avoid material interference with other tenants (whether due to vibration, noise, fumes, or otherwise) resulting from operation of the Generator. The Generator shall be used only for periodic testing and in the event Tenant's plans primary electrical service is interrupted for any reason. All testing shall take place at times reasonably selected to minimize interference with other tenants. The Generator shall be used only for backup power, and specificationsmay not be used as a primary power source, Tenant nor may it be used by any occupant of any other premises. The Generator Pad and the Generator shall have be subject to all terms and conditions of this Lease, including but not limited to Sections 8, 15, and 16, provided only that the right to install an emergency generator connection on the outside square footage of the Building Generator Pad shall not be utilized in calculating the Premises Rentable Area for the purpose of connecting Tenant's Generator to calculating Base Rent or allocating Expenses between the Premises and an appurtenant electrical grounding systemany larger parcel. FurthermoreUpon expiration or earlier termination of this Lease, Tenant shall have remove all improvements and equipment from the right Generator Pad and shall restore same to install ______(___) ______(__) inch conduits from Tenant's Generator a clean, paved condition, and shall provide such studies or other information as is necessary to the Premises, provided, however, that such conduits are installed below grade demonstrate to Landlord's reasonable satisfaction in accordance with that there has been no environmental contamination on the design and architectural standards for the Building. Prior to or within sixty (60) days following the expiration, or earlier termination of the Term of this Lease, Tenant agrees upon Landlord's request to (i) promptly remove from the Project, at its sole cost and expense, the AST (including, at Landlord's request, the basement slab), if any, and Tenant's Generator and all Hazardous Materials which are brought upon, stored, used, generated or released upon, in, under or about the Premises, the Project or any portion thereof by Tenant or any Tenant Parties in connection with Tenant's Generator or AST, and (ii) return the Premises and the balance of the Project to substantially the condition existing prior to Tenant's installation of Tenant's Generator and AST. Tenant shall be solely responsible for complying with any and all Environmental Laws relating to the AST, Tenant's Generator and all Hazardous Materials associated with either of the same, including, without limitation, all permitting and tank installations, monitoring and removal/closure obligations. For purposes of all Environmental Laws, Tenant shall be the owner and operator of the AST. Tenant shall be responsible for ensuring compliance by all Tenant Parties with all Environmental Laws relating to the AST and Tenant's Generator. Any acknowledgment, consent or approval by Landlord of Tenant's use or handling of Hazardous Materials shall not constitute an assumption of risk respecting the same nor a warranty or certification by Landlord that Tenant's proposed use and handling of Hazardous Materials is safe or reasonable or in compliance with Environmental Laws. From time to time during the Term and for up to one hundred eighty (180) days thereafter, Landlord may, and upon Landlord's request, Tenant shall, retain a registered environmental consultant ("CONSULTANT") acceptable to Landlord to conduct an environmental investigation of the Project ("ENVIRONMENTAL ASSESSMENT") (i) for Hazardous Materials contamination in, about or beneath the Project relative to the AST or Tenant's Generator, and (ii) to assess the activities of Tenant and all Tenant Parties with respect to Tenant's Generator and the AST for compliance with all Environmental Laws and to recommend the use of procedures intended to reasonably reduce the risk of a release of Hazardous Materials. If the Environmental Assessment discloses any material breach of Environmental Laws by Tenant or any Tenant Parties, then the cost thereof shall be the sole responsibility of Tenant, payable as additional rent under this Lease. Otherwise, the costs of the Environmental Assessment shall be the responsibility of Landlord. If Landlord so requires, Tenant shall comply, at its sole cost and expense, with all reasonable recommendations contained in the Environmental Assessment, including any reasonable recommendations with respect to precautions which should be taken with respect to Tenant's or Tenant Parties' activities at the Project relative to the AST or Tenant's Generator or any recommendations for additional testing and studies to detect the presence of Hazardous Materials relative to the AST or Tenant's Generator. Tenant covenants to reasonably cooperate with the Consultant and to allow entry RIDER NO. 4 -1- 76 and reasonable access to the AST and Tenant's Generator for the purpose of the Consultant's investigations. If any cleanup or monitoring procedure is required by any applicable governmental authorities in or about the Project as a consequence of any Hazardous Materials contamination by Tenant or any of Tenant's Parties arising out of Tenant's Generator or AST use, and the procedure for cleanup is not completed (to the satisfaction of all applicable governmental authorities) prior to the expiration or earlier termination of the Term of this Lease (referred to herein as "TENANT'S FAILURE TO CLEAN-UP"), then, without limiting any of Landlord's other rights and remedies contained in this Lease (including, without limitation, any indemnity and restoration obligations of Tenant contained in this Lease), Tenant will additionally be liable for any revenue of Landlord lost to the extent Landlord is precluded from re-leasing the Premises or any other portion of the Project Pad as a result of such contamination. Subject to Tenant obtaining all necessary governmental permits the storage and approvals, Tenant shall have the right, at Tenant's sole cost and expense, to test Tenant's Generator once per month during the Term at a time after normal business hours mutually agreed upon by Landlord and Tenant. Tenant shall indemnify and hold Landlord harmless from any and all liability, losses, damages, actions or causes of action, judgments, costs and expenses arising in any way from Tenant's installation, operation, maintenance and removal of Tenant's Generator and the AST, or any breach of Tenant's obligations under this Lease with respect to Tenant's Generator and the AST. The representations, warranties and agreements operation of the Tenant set forth in this Rider No. 4 shall survive the expiration of the Lease Term or the earlier termination of the Lease for any reasongenerator and fuel tank thereon.

Emergency Power Generator. Subject to The Premises shall include an electrical generator pad located by Landlord within the terms and conditions set forth in this Lease and to Tenant obtaining all necessary governmental permits and approvals, and so long as Tenant shall not interfere with any Building systems, Tenant shall have the right to install, operate and maintain, at Tenant's sole cost and expense, a maximum ____ kilowatt back-up generator ("TENANT'S GENERATOR") on the Site near the Building or on the roof of the Building at Landlord's discretion. Tenant shall not be obligated to pay any rental or other charges with respect to the area designated for Tenant's Generator. Landlord shall have the right to review and approve Tenant's plans and specifications for the proposed equipment, including, without limitation, the size, method of installation and visibility of such equipment. Notwithstanding the foregoing, in no event may the installation of Tenant's Generator involve the installation of an underground storage tank. The above-ground storage tank associated with Tenant's Generator parking garage (the "ASTGenerator Pad") shall not exceed ____ gallons in capacity, ). The Generator Pad shall be double walled in thickness, shall contain diesel fuel only (to power Tenant's Generator only), and shall employ at a minimum a double containment system whereby if the first containment system fails, a second containment system shall be present to prevent releases of Hazardous Materials, all constructed by Tenant in accordance with applicable laws plans approved in advance by Landlord, which approval will not be unreasonably withheld, delayed or conditioned, and environmental regulationswhich plans shall include fencing and such curbing as is necessary to contain any fuel spill. For these purposesTenant may install on the Generator Pad a backup generator and fuel tank (collectively the "Generator"), a sealedthe make, uncracked concrete slab containment area without drains model and design of which shall be sufficient (but shall not be the exclusive method) to constitute the second containment system, provided it is large enough to completely contain a release of the maximum volume of Hazardous Materials which could be present in the first containment system. Landlord, in its sole and absolute discretion, shall determine the location of Tenant's Generator and the AST. Tenant acknowledges that any loss of parking attributable to the location of Tenant's Generator and/or AST will be at Tenant's sole risk and come out of Tenant's share of parking. All handling, use, storage and disposal of Hazardous Materials relating to the AST or Tenant's Generator shall be accomplished by Tenant at its sole cost and expense in accordance with and subject to the terms of the Lease regarding Hazardous Materials. In conjunction with the installation of Tenant's Generator, subject to Landlord's prior approval, which approval will not be unreasonably withheld, delayed or conditioned. The design and operation of the Generator and Generator Pad shall be such as to avoid material interference with other tenants (whether due to vibration, noise, fumes, or otherwise) resulting from operation of the Generator. The Generator shall be used only for periodic testing and in the event Tenant's plans primary electrical service is interrupted for any reason. All testing shall take place at times reasonably selected to minimize interference with other tenants. The Generator shall be used only for backup power, and specificationsmay not be used as a primary power source, Tenant nor may it be used by any occupant of any other premises. The Generator Pad and the Generator shall have be subject to all terms and conditions of this Lease, including but not limited to Sections 8, 15, and 16, provided only that the right to install an emergency generator connection on the outside square footage of the Building Generator Pad shall not be utilized in calculating the Premises Rentable Area for the purpose of connecting Tenant's Generator to calculating Base Rent or allocating Expenses between the Premises and an appurtenant electrical grounding systemany larger parcel. FurthermoreUpon expiration or earlier termination of this Lease, Tenant shall have remove all improvements and equipment from the right Generator Pad and shall restore same to install ______(___) ______(__) inch conduits from Tenant's Generator a clean, paved condition, and shall provide such studies or other information as is necessary to the Premises, provided, however, that such conduits are installed below grade demonstrate to Landlord's reasonable satisfaction in accordance with that there has been no environmental contamination on the design and architectural standards for the Building. Prior to or within sixty (60) days following the expiration, or earlier termination of the Term of this Lease, Tenant agrees upon Landlord's request to (i) promptly remove from the Project, at its sole cost and expense, the AST (including, at Landlord's request, the basement slab), if any, and Tenant's Generator and all Hazardous Materials which are brought upon, stored, used, generated or released upon, in, under or about the Premises, the Project or any portion thereof by Tenant or any Tenant Parties in connection with Tenant's Generator or AST, and (ii) return the Premises and the balance of the Project to substantially the condition existing prior to Tenant's installation of Tenant's Generator and AST. Tenant shall be solely responsible for complying with any and all Environmental Laws relating to the AST, Tenant's Generator and all Hazardous Materials associated with either of the same, including, without limitation, all permitting and tank installations, monitoring and removal/closure obligations. For purposes of all Environmental Laws, Tenant shall be the owner and operator of the AST. Tenant shall be responsible for ensuring compliance by all Tenant Parties with all Environmental Laws relating to the AST and Tenant's Generator. Any acknowledgment, consent or approval by Landlord of Tenant's use or handling of Hazardous Materials shall not constitute an assumption of risk respecting the same nor a warranty or certification by Landlord that Tenant's proposed use and handling of Hazardous Materials is safe or reasonable or in compliance with Environmental Laws. From time to time during the Term and for up to one hundred eighty (180) days thereafter, Landlord may, and upon Landlord's request, Tenant shall, retain a registered environmental consultant ("CONSULTANT") acceptable to Landlord to conduct an environmental investigation of the Project ("ENVIRONMENTAL ASSESSMENT") (i) for Hazardous Materials contamination in, about or beneath the Project relative to the AST or Tenant's Generator, and (ii) to assess the activities of Tenant and all Tenant Parties with respect to Tenant's Generator and the AST for compliance with all Environmental Laws and to recommend the use of procedures intended to reasonably reduce the risk of a release of Hazardous Materials. If the Environmental Assessment discloses any material breach of Environmental Laws by Tenant or any Tenant Parties, then the cost thereof shall be the sole responsibility of Tenant, payable as additional rent under this Lease. Otherwise, the costs of the Environmental Assessment shall be the responsibility of Landlord. If Landlord so requires, Tenant shall comply, at its sole cost and expense, with all reasonable recommendations contained in the Environmental Assessment, including any reasonable recommendations with respect to precautions which should be taken with respect to Tenant's or Tenant Parties' activities at the Project relative to the AST or Tenant's Generator or any recommendations for additional testing and studies to detect the presence of Hazardous Materials relative to the AST or Tenant's Generator. Tenant covenants to reasonably cooperate with the Consultant and to allow entry RIDER NO. 4 -1- 76 and reasonable access to the AST and Tenant's Generator for the purpose of the Consultant's investigations. If any cleanup or monitoring procedure is required by any applicable governmental authorities in or about the Project as a consequence of any Hazardous Materials contamination by Tenant or any of Tenant's Parties arising out of Tenant's Generator or AST use, and the procedure for cleanup is not completed (to the satisfaction of all applicable governmental authorities) prior to the expiration or earlier termination of the Term of this Lease (referred to herein as "TENANT'S FAILURE TO CLEAN-UP"), then, without limiting any of Landlord's other rights and remedies contained in this Lease (including, without limitation, any indemnity and restoration obligations of Tenant contained in this Lease), Tenant will additionally be liable for any revenue of Landlord lost to the extent Landlord is precluded from re-leasing the Premises or any other portion of the Project Pad as a result of such contamination. Subject to Tenant obtaining all necessary governmental permits the storage and approvals, Tenant shall have the right, at Tenant's sole cost and expense, to test Tenant's Generator once per month during the Term at a time after normal business hours mutually agreed upon by Landlord and Tenant. Tenant shall indemnify and hold Landlord harmless from any and all liability, losses, damages, actions or causes of action, judgments, costs and expenses arising in any way from Tenant's installation, operation, maintenance and removal of Tenant's Generator and the AST, or any breach of Tenant's obligations under this Lease with respect to Tenant's Generator and the AST. The representations, warranties and agreements operation of the Tenant set forth in this Rider No. 4 shall survive the expiration of the Lease Term or the earlier termination of the Lease for any reasongenerator and fuel tank thereon.

Emergency Power Generator. Subject to the terms and conditions set forth in this Lease and to Tenant obtaining all necessary governmental permits and approvals, and so long as Tenant shall not interfere with any Building systems, Tenant shall have the right to install, operate and maintainutilize as needed, on a non-exclusive basis together with other tenants of the Building, at Tenant's the sole cost and expenseexpense of Tenant and any such other tenants (on a prorate basis) including costs of fuel replacement (except as provided herein), a maximum ____ kilowatt the existing back-up generator and above-ground storage tank associated with the generator (collectively including the tank and related equipment, the "TENANT'S GENERATORGenerator") on the Site near in the Building or area shown on the roof of the Building at Landlord's discretion. Tenant shall not be obligated to pay any rental or other charges with respect to the area designated for Tenant's Generator. Landlord shall have the right to review and approve Tenant's plans and specifications for the proposed equipment, including, without limitation, the size, method of installation and visibility of such equipmentSite Plan attached hereto as Exhibit "B". Notwithstanding the foregoing, in no event may the installation use and operation of Tenant's the Generator involve the installation or use of an underground storage tank. The above-ground storage tank associated with Tenant's Generator (the "AST") shall not exceed ____ gallons in capacity, shall be double walled in thickness, shall contain diesel fuel only (to power Tenant's Generator only), Landlord hereby represents and shall employ at a minimum a double containment system whereby if the first containment system fails, a second containment system shall be present to prevent releases of Hazardous Materials, all in accordance with applicable laws and environmental regulations. For these purposes, a sealed, uncracked concrete slab containment area without drains shall be sufficient (but shall not be the exclusive method) to constitute the second containment system, provided it is large enough to completely contain a release warrants that as of the maximum volume date Tenant takes possession of Hazardous Materials which could be present in the first containment system. Landlord, in its sole and absolute discretion, shall determine the location of Tenant's Generator and the AST. Tenant acknowledges that any loss of parking attributable to the location of Tenant's Generator and/or AST will be at Tenant's sole risk and come out of Tenant's share of parking. All handling, use, storage and disposal of Hazardous Materials relating to the AST or Tenant's Generator shall be accomplished by Tenant at its sole cost and expense in accordance with and subject to the terms of the Lease regarding Hazardous Materials. In conjunction with the installation of Tenant's Generator, subject to Landlord's prior approval of Tenant's plans and specifications, Tenant shall have the right to install an emergency generator connection on the outside of the Building for the purpose of connecting Tenant's Generator to the Premises and an appurtenant electrical grounding system. Furthermore, Tenant shall have the right to install ______(___) ______(__) inch conduits from Tenant's Generator to the Premises, provided, however, that such conduits are installed below grade to Landlord's reasonable satisfaction in accordance with the design and architectural standards assumes responsibility for the BuildingGenerator that the Generator is in good working order and in compliance with all applicable Laws, including applicable Environmental Laws. Prior Subject to or within sixty (60) days following the expirationsuch representation and warranty of Landlord, or earlier termination of the Term of this Lease, Tenant agrees upon Landlord's request to (i) promptly remove from the Project, at its sole cost and expense, the AST (including, at Landlord's request, the basement slab), if any, and Tenant's Generator and all Hazardous Materials which are brought upon, stored, used, generated or released upon, in, under or about the Premises, the Project or any portion thereof by Tenant or any Tenant Parties in connection with Tenant's Generator or AST, and (ii) return the Premises and the balance of the Project to substantially the condition existing prior to Tenant's installation of Tenant's Generator and AST. Tenant shall be solely responsible for complying with any and all applicable Laws, including all Environmental Laws relating to the AST, Tenant's Generator and all Hazardous Materials associated with either of the sameGenerator, including, without limitation, all permitting and tank installations, monitoring and removal/closure use obligations. For , (ii) for purposes of all Environmental Laws, Tenant shall be deemed the owner and operator of the AST. Generator, (iii) Tenant shall be responsible for ensuring compliance periodically starting and testing the proper functioning of the Generator as recommended by the manufacturer, (iv) Tenant shall be responsible for all Tenant Parties with all Environmental Laws relating repair and maintenance of the Generator to the AST keep it in good operating condition and Tenant's Generator. Any acknowledgment, consent or approval by Landlord of Tenant's use or handling of Hazardous Materials shall not constitute an assumption of risk respecting the same nor a warranty or certification by Landlord that Tenant's proposed use and handling of Hazardous Materials is safe or reasonable or in compliance with all applicable laws and regulations including applicable Environmental Laws. From time to time during the Term and for up to one hundred eighty (180) days thereafter, Landlord may, and upon Landlord's request, Tenant shall, retain a registered environmental consultant ("CONSULTANT") acceptable to Landlord to conduct an environmental investigation of the Project ("ENVIRONMENTAL ASSESSMENT") (i) for Hazardous Materials contamination in, about or beneath the Project relative to the AST or Tenant's Generator, and (iiv) Landlord shall have no liability to assess Tenant as to the activities of Tenant and all Tenant Parties with respect to Tenant's Generator and the AST for compliance with all Environmental Laws and to recommend the operation, suitability or use of procedures intended to reasonably reduce the risk of a release of Hazardous Materials. If the Environmental Assessment discloses Generator or for any material breach of Environmental Laws by Tenant or any Tenant Parties, then the cost thereof shall be the sole responsibility of Tenant, payable as additional rent under this Lease. Otherwise, the costs failure of the Environmental Assessment shall be Generator to function properly should Tenant require use of the responsibility of Landlord. If Landlord so requires, Tenant shall comply, at its sole cost and expense, with all reasonable recommendations contained in the Environmental Assessment, including any reasonable recommendations with respect to precautions which should be taken with respect to Tenant's or Tenant Parties' activities at the Project relative to the AST or Tenant's Generator or any recommendations for additional testing and studies to detect the presence of Hazardous Materials relative to the AST or Tenant's Generator. Tenant covenants to reasonably cooperate with the Consultant and to allow entry RIDER NO. 4 -1- 76 and reasonable access to the AST and Tenant's Generator for the purpose of the Consultant's investigations. If any cleanup or monitoring procedure is required by any applicable governmental authorities in or about the Project as a consequence of any Hazardous Materials contamination by reason and Tenant or any of Tenant's Parties arising out of Tenant's Generator or AST use, hereby releases and the procedure for cleanup is not completed (agrees to the satisfaction of all applicable governmental authorities) prior to the expiration or earlier termination of the Term of this Lease (referred to herein as "TENANT'S FAILURE TO CLEAN-UP"), then, without limiting any of Landlord's other rights and remedies contained in this Lease (including, without limitation, any indemnity and restoration obligations of Tenant contained in this Lease), Tenant will additionally be liable for any revenue of Landlord lost to the extent Landlord is precluded from re-leasing the Premises or any other portion of the Project as a result of such contamination. Subject to Tenant obtaining all necessary governmental permits and approvals, Tenant shall have the right, at Tenant's sole cost and expense, to test Tenant's Generator once per month during the Term at a time after normal business hours mutually agreed upon by Landlord and Tenant. Tenant shall indemnify and hold Landlord harmless from any and all such liability. Notwithstanding the foregoing, lossesTenant’s obligation to repair or maintain the Generator shall not include the making of any capital repairs, damagesreplacements, actions renewals or causes of actionimprovements unless, judgmentsand to the extent, costs and expenses arising in any way from Tenant's installation, operation, maintenance and removal of Tenant's Generator and the AST, or any breach of Tenant's obligations under this Lease with respect required due to Tenant's Generator and the AST. The representations, warranties and agreements of the Tenant set forth in this Rider No. 4 shall survive the expiration of the Lease Term ’s negligence or the earlier termination of the Lease for any reasonwillful misconduct.

Emergency Power Generator. Subject to the terms and conditions set forth in this Lease Section 1.32, and the terms of this Lease, including Article 13, and to Tenant obtaining all necessary governmental permits and approvals, and so long as Tenant shall not interfere with adversely impact any Building systems, Tenant shall have the right to install, operate and maintain, at Tenant's ’s sole cost and expense, a maximum ____ 500 kilowatt back-up generator ("TENANT'S GENERATOR"“Tenant’s Generator”) on the Site near the Building within the area specified on Exhibit J hereto which shall not exceed 200 square feet in area. In addition to Tenant’s Generator, subject to the terms of this Section 1.32, and as more particularly described below, Tenant shall be permitted to install an above-ground diesel tank storage or on propane gas, if gas line is not available, and an electrical conduit from Tenant’s Generator to an area in the roof of the Building at Landlord's discretionPremises designated by Tenant. Tenant shall not be obligated to pay any rental rent or other charges with respect to the area designated for Tenant's ’s Generator. Landlord shall have the right to review and approve approve, such review and approval not to be unreasonably withheld or delayed, Tenant's ’s plans and specifications for the proposed equipment, including, without limitation, the size, method of installation and visibility of such equipment. The location of Tenant’s Generator shall be limited to the area specified on Exhibit J. Notwithstanding the foregoing, in no event may the installation of Tenant's ’s Generator involve the installation of an underground storage tank. The above-ground storage tank associated with Tenant's ’s Generator (the "“AST"”) shall not exceed ____ 750 gallons in capacity, shall be double walled in thickness, shall contain diesel fuel or liquid propane only (to power Tenant's ’s Generator only), and shall employ at a minimum for a diesel powered generator, a double containment system whereby if the first containment system fails, a second containment system shall be present to prevent releases of Hazardous MaterialsSubstances, all in accordance with applicable laws and environmental regulations. For these purposes, a sealed, uncracked concrete slab containment area without drains shall be sufficient (but shall not be the exclusive method) to constitute the second containment system, provided it is large enough to completely contain a release of the maximum volume of Hazardous Materials Substances which could be present in the first containment system. Landlord, in its sole and absolute discretion, shall determine the location of Tenant's Generator and the AST. Tenant acknowledges that any loss of parking attributable to the location of Tenant's Generator and/or AST will be at Tenant's sole risk and come out of Tenant's share of parking. All handling, use, storage and disposal of Hazardous Materials Substances relating to the AST or Tenant's ’s Generator shall be accomplished by Tenant at its sole cost and expense in accordance with this Section 1.32, Article 10 and subject to the terms of the Lease regarding Hazardous MaterialsArticle 16. In conjunction with the installation of Tenant's ’s Generator, subject to Landlord's ’s prior approval of Tenant's ’s plans and specifications, Tenant shall have the right to install an emergency generator connection on the outside of the Building for the purpose of connecting Tenant's ’s Generator to the Premises and an appurtenant electrical grounding system. Furthermore, Tenant shall have the right to install ______(___) ______(__) inch conduits from Tenant's ’s Generator to the Premises, provided, however, that such conduits are installed below grade to Landlord's ’s reasonable satisfaction in accordance with the design and architectural standards for the Building. Provided Tenant is not otherwise in default under this Lease beyond applicable notice and cure periods, Tenant shall not be required to remove Tenant’s Generator at the conclusion of the Term. Prior to or within sixty (60) days following the expiration, expiration or earlier termination of the Term of this Lease, Tenant agrees upon Landlord's ’s request to (i) promptly remove from the ProjectProperty, at its sole cost and expense, the AST (including, at Landlord's request, the basement slab), if any, and Tenant's Generator and all Hazardous Materials Substances which are brought upon, stored, used, generated or released upon, in, under or about the Premises, the Project Property or any portion thereof by Tenant or and/or any Tenant of Tenant’s Parties (as defined in the Standard Provisions) in connection with Tenant's ’s Generator or AST, and (ii) return the Premises and the balance of the Project Building and Property to substantially the condition existing prior to Tenant's ’s installation of Tenant's ’s Generator and AST. Tenant shall be solely responsible for complying with any and all Environmental Laws relating to the AST, Tenant's ’s Generator and all Hazardous Materials Substances associated with either of the same, including, without limitation, all permitting and tank installations, monitoring and removal/closure obligations. For purposes of all Environmental Laws, Tenant shall be the owner and operator of the AST. Tenant shall be responsible for ensuring compliance by all Tenant Parties with all Environmental Laws relating to the AST and Tenant's ’s Generator. Any acknowledgment, consent or approval by Landlord of Tenant's ’s use or handling of Hazardous Materials Substances shall not constitute an assumption of risk respecting the same nor a warranty or certification by Landlord that Tenant's ’s proposed use and handling of Hazardous Materials Substances is safe or reasonable or in compliance with Environmental Laws. From time to time during the Term and for up to one hundred eighty (180) days thereafter, if required by any government agency, or in the event Landlord has actual knowledge of a Hazardous Substances release at the Premises which resulted from a fuel leak relating to the AST, Landlord may, and upon Landlord's ’s request, Tenant shall, retain a registered environmental consultant ("CONSULTANT"“Consultant”) reasonably acceptable to Landlord to conduct an environmental investigation of the Project Property ("ENVIRONMENTAL ASSESSMENT"“Environmental Assessment”) (i) for Hazardous Materials Substances contamination in, about or beneath the Project Property relative to the AST or Tenant's ’s Generator, and (ii) to assess the activities of Tenant and all Tenant Parties with respect to Tenant's ’s Generator and the AST for compliance with all Environmental Laws and to recommend the use of procedures intended to reasonably reduce the risk of a release of Hazardous MaterialsSubstances. If the Environmental Assessment discloses any material breach of Environmental Laws by Tenant or any Tenant Parties, then the cost thereof shall be the sole responsibility of Tenant, payable as additional rent Additional Rent under this Lease. Otherwise, the costs of the Environmental Assessment shall be the responsibility of Landlord. If Landlord so requires, Tenant shall comply, at its sole cost and expense, with all reasonable recommendations contained in the Environmental Assessment, including any reasonable recommendations with respect to precautions which should be taken with respect to Tenant's ’s or Tenant Parties' ’ activities at the Project Property relative to the AST or Tenant's ’s Generator or any recommendations for additional testing and studies to detect the presence of Hazardous Materials Substances relative to the AST or Tenant's ’s Generator. Tenant covenants to reasonably cooperate with the Consultant and to allow entry RIDER NO. 4 -1- 76 and reasonable access to the AST and Tenant's ’s Generator for the purpose of the Consultant's ’s investigations. If any cleanup or monitoring procedure is required by any applicable governmental authorities in or about the Project Property as a consequence of any Hazardous Materials Substances contamination by Tenant or any of Tenant's ’s Parties arising out of Tenant's ’s Generator or AST use, and the procedure for cleanup is not completed (to the satisfaction of all applicable governmental authorities) prior to the expiration or earlier termination of the Term of this Lease (referred to herein as "TENANT'S FAILURE TO CLEAN“Tenant’s Failure to Clean-UP"Up”), then, without limiting any of Landlord's ’s other rights and remedies contained in this Lease (including, without limitation, any indemnity and restoration obligations of Tenant contained in this Lease), Tenant will additionally be liable for any revenue of Landlord lost to the extent Landlord is precluded from re-leasing the Premises or any other portion of the Project Property as a result of such contamination. Subject to Tenant obtaining all necessary governmental permits and approvals, Tenant shall have the right, at Tenant's ’s sole cost and expense, to test Tenant's ’s Generator pursuant to the manufacturer’s recommendations, but in no event more than once per month a week during the Term or any Option Term at a time after normal business hours mutually agreed upon by Landlord and Tenant. Tenant’s intended use of Tenant’s Generator shall be to provide back-up power should there be for any reason, any interruption in electrical service to the Property, the Building and/or the Premises. Tenant shall indemnify indemnify, protect, defend and hold Landlord harmless from any and all liability, losses, damages, actions or causes of action, judgments, costs and expenses arising in any way from Tenant's ’s installation, operation, maintenance and removal of Tenant's ’s Generator and the AST, or any breach of Tenant's ’s obligations under this Lease with respect to Tenant's ’s Generator and the AST, except to the extent arising out of Landlord’s gross negligence r willful misconduct. The representations, warranties and agreements of the Tenant set forth in this Rider No. 4 Section 1.32 shall survive the expiration of the Lease Term or the earlier termination of the Lease for any reason. Tenant’s Generator shall be installed in a weatherproof, walk-around type, sound attenuating enclosure which shall limit the sound to no more than 85 dba as measured at ten (10) feet from outside of any side, top or bottom of the enclosure, under all operating conditions. Tenant shall be responsible for all insulation for magnetic or electrical interference from operation of Tenant’s Generator as necessary to prevent interference of any kind with equipment or systems operated by other occupants of the Property. If Tenant’s Generator is visible from outside of the Building (including from any areas adjacent to the Building (or from other buildings now or hereafter constructed within the Property), Tenant shall cause Tenant’s Generator to be screened from view in a manner reasonably acceptable to Landlord and comparable and compatible with the improvements and/or landscaping contiguous to such improvements (such as by way of example only with appropriate metal and/or fabric screening, concrete masonry unit block wall fencing or landscaping screening to match adjacent landscaping). All such screening and visible improvements shall be of first class quality and shall be consistent in quality and design with similar improvements and screening in comparable quality office/warehouse projects in the vicinity of the Property. If the use of any parking spaces is lost as a result of the placement of Tenant’s Generator in the Common Areas, Tenant’s allocation of parking spaces shall be deemed reduced by the number of parking spaces lost as a result of the location of Tenant’s Generator and Landlord shall have no liability to Tenant whatsoever for such reduction. To the extent that the installation of Tenant’s Generator requires modifications to the shell, foundation, or other structural portions of the Building (including, without limitation, the installation of Tenant’s Generator upon the roof of the Building), such modifications shall be subject to Landlord’s reasonable approval (not to be unreasonably withheld or delayed) and Tenant shall pay to Landlord within thirty (30) days after demand therefor, all costs and expenses incurred by Landlord in conjunction with such structural modifications.