Common use of Emergency Power Generator Clause in Contracts

Emergency Power Generator. The Premises includes an electrical generator pad located at the exterior of Building Three west of the loading dock area (the “Generator Pad”). Tenant may install on the Generator Pad a backup generator and fuel tank (collectively the “Generator”), the make, model and design of which shall be subject to Landlord’s prior approval, which approval will not be unreasonably withheld, delayed or conditioned. Operation of the Generator shall not interfere with other tenants (whether due to vibration, noise, fumes, or otherwise). The Generator shall be used only for periodic testing and in the event Tenant’s 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 may not be used as a primary power source, nor may it be used by any occupant of any other premises. The Generator Pad and the Generator shall be subject to all terms and conditions of this Lease, including but not limited to Sections 8, 15, and 16, provided only that the square footage of the Generator Pad shall not be utilized in calculating the Premises Rentable Area for the purpose of calculating Base Rent or allocating Expenses. Upon expiration or earlier termination of this Lease, Tenant shall remove all improvements and equipment from the Generator Pad and shall restore same to a clean, paved condition, and shall provide such studies or other information as is necessary to demonstrate to Landlord’s reasonable satisfaction that there has been no environmental contamination on the Generator Pad as a result of the storage and operation of the generator and fuel tank thereon.

Emergency Power Generator. The Premises includes Subject to the terms and conditions set forth in this 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 adversely impact any Building systems, Tenant shall have the right to install, operate and maintain, at Tenant’s sole cost and expense, a maximum 500 kilowatt back-up 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 propane gas, if gas line is not available, and an electrical generator pad located at conduit from Tenant’s Generator to an area in the exterior Premises designated by Tenant. Tenant shall not be obligated to pay any rent or other charges with respect to the area designated for Tenant’s Generator. Landlord shall have the right to review and approve, such review and approval not to be unreasonably withheld or delayed, Tenant’s plans and specifications for the proposed equipment, including, without limitation, the size, method of Building Three west installation and visibility of such equipment. The location of Tenant’s Generator shall be limited to the loading dock area specified on Exhibit J. 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 750 gallons in capacity, shall be double walled in thickness, shall contain diesel fuel or liquid propane only (to power Tenant’s Generator Pad”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 Substances, 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 Substances which could be present in the first containment system. All handling, use, storage and disposal of Hazardous Substances relating to the AST or Tenant’s Generator shall be accomplished by Tenant at its sole cost and expense in accordance with this Section 1.32, Article 10 and Article 16. 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 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. 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 or earlier termination of the Term of this Lease, Tenant agrees upon Landlord’s request to (i) promptly remove from the Property, at its sole cost and expense, all Hazardous Substances which are brought upon, stored, used, generated or released upon, in, under or about the Premises, the Property or any portion thereof by Tenant and/or any of Tenant’s Parties (as defined in the Standard Provisions) in connection with Tenant’s Generator or AST, and (ii) return the Premises and the balance of the Building and Property to substantially the condition existing prior to Tenant’s installation of Tenant’s Generator and AST. Tenant may install on shall be solely responsible for complying with any and all Environmental Laws relating to the AST, Tenant’s Generator Pad and all Hazardous 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 Generator. Any acknowledgment, consent or approval by Landlord of Tenant’s use or handling of Hazardous Substances shall not constitute an assumption of risk respecting the same nor a backup generator warranty or certification by Landlord that Tenant’s proposed use and handling of Hazardous 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 tank leak relating to the AST, Landlord may, and upon Landlord’s request, Tenant shall, retain a registered environmental consultant (collectively “Consultant”) reasonably acceptable to Landlord to conduct an environmental investigation of the Property (“Environmental Assessment”) (i) for Hazardous Substances contamination in, about or beneath the Property 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 Substances. 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 Property relative to the AST or Tenant’s Generator or any recommendations for additional testing and studies to detect the presence of Hazardous Substances relative to the AST or Tenant’s Generator. Tenant covenants to reasonably cooperate with the Consultant and to allow entry 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 Property as a consequence of any Hazardous Substances 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 makeextent Landlord is precluded from re-leasing the Premises or any other portion of the Property as a result of such contamination. Subject to Tenant obtaining all necessary governmental permits and approvals, model Tenant shall have the right, at Tenant’s sole cost and expense, to test Tenant’s Generator pursuant to the manufacturer’s recommendations, but in no event more than once 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, 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 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, 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 Section 1.32 shall survive the expiration of the 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 which 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 prior approval, which reasonable approval will (not to be unreasonably withheld, delayed withheld or conditioned. Operation of the Generator shall not interfere with other tenants (whether due to vibration, noise, fumes, or otherwise). The Generator shall be used only for periodic testing delayed) and in the event Tenant’s 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 may not be used as a primary power source, nor may it be used by any occupant of any other premises. The Generator Pad and the Generator shall be subject to all terms and conditions of this Lease, including but not limited to Sections 8, 15, and 16, provided only that the square footage of the Generator Pad shall not be utilized in calculating the Premises Rentable Area for the purpose of calculating Base Rent or allocating Expenses. Upon expiration or earlier termination of this Lease, Tenant shall remove pay to Landlord within thirty (30) days after demand therefor, all improvements costs and equipment from the Generator Pad and shall restore same to a clean, paved condition, and shall provide expenses incurred by Landlord in conjunction with such studies or other information as is necessary to demonstrate to Landlord’s reasonable satisfaction that there has been no environmental contamination on the Generator Pad as a result of the storage and operation of the generator and fuel tank thereonstructural modifications.

Emergency Power Generator. The Premises includes shall include an electrical generator pad located at by Landlord within the exterior of Building Three west of the loading dock area underground parking garage (the “"Generator Pad”"). The Generator Pad shall be constructed by Tenant in accordance with plans approved in advance by Landlord, which approval will not be unreasonably withheld, delayed or conditioned, and which plans shall include fencing and such curbing as is necessary to contain any fuel spill. Tenant may install on the Generator Pad a backup generator and fuel tank (collectively the “"Generator”"), the make, model and design of which shall be subject to Landlord’s 's prior approval, which approval will not be unreasonably withheld, delayed or conditioned. Operation The design and operation of the Generator and Generator Pad shall not interfere 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 's 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 may not be used as a primary power source, nor may it be used by any occupant of any other premises. The Generator Pad and the Generator shall be subject to all terms and conditions of this Lease, including but not limited to Sections 8, 15, and 16, provided only that the square footage of the Generator Pad shall not be utilized in calculating the Premises Rentable Area for the purpose of calculating Base Rent or allocating ExpensesExpenses between the Premises and any larger parcel. Upon expiration or earlier termination of this Lease, Tenant shall remove all improvements and equipment from the Generator Pad and shall restore same to a clean, paved condition, and shall provide such studies or other information as is necessary to demonstrate to Landlord’s 's reasonable satisfaction that there has been no environmental contamination on the Generator Pad as a result of the storage and operation of the generator and fuel tank thereon.

Emergency Power Generator. The Premises includes shall include an electrical generator pad located by Landlord at the exterior of Building Three west of the loading dock area (the “"Generator Pad”"). The Generator Pad shall be constructed by Tenant in accordance with plans approved in advance by Landlord, which approval will not be unreasonably withheld, delayed or conditioned, and which plans shall include fencing and such curbing as is necessary to contain any fuel spill. Tenant may install on the Generator Pad a backup generator and fuel tank (collectively the “"Generator”"), the make, model and design of which shall be subject to Landlord’s 's prior approval, which approval will not be unreasonably withheld, delayed or conditioned. Operation The design and operation of the Generator and Generator Pad shall not interfere 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 's 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 may not be used as a primary power source, nor may it be used by any occupant of any other premises. The Generator Pad and the Generator shall be subject to all terms and conditions of this Lease, including but not limited to Sections 8, 15, and 16, provided only that the square footage of the Generator Pad shall not be utilized in calculating the Premises Rentable Area for the purpose of calculating Base Rent or allocating ExpensesExpenses between the Premises and any larger parcel. Upon expiration or earlier termination of this Lease, Tenant shall remove all improvements and equipment from the Generator Pad and shall restore same to a clean, paved condition, and shall provide such studies or other information as is necessary to demonstrate to Landlord’s 's reasonable satisfaction that there has been no environmental contamination on the Generator Pad as a result of the storage and operation of the generator and fuel tank thereon.

Emergency Power Generator. The Premises includes an electrical generator pad located Tenant shall have the right to operate and utilize as needed, on a non-exclusive basis together with other tenants of the Building, at the exterior sole cost and expense of Building Three west Tenant and any such other tenants (on a prorate basis) including costs of the loading dock area fuel replacement (the “Generator Pad”). Tenant may install on the Generator Pad a backup generator and fuel tank (collectively the “Generator”except as provided herein), the makeexisting back-up generator and above-ground storage tank associated with the generator (collectively including the tank and related equipment, model the "Generator") on the Site in the area shown on the Site Plan attached hereto as Exhibit "B". Notwithstanding the foregoing, in no event may the use and design operation of which the Generator involve the installation or use of an underground storage tank. Landlord hereby represents and warrants that as of the date Tenant takes possession of the Premises and assumes responsibility for the Generator that the Generator is in good working order and in compliance with all applicable Laws, including applicable Environmental Laws. Subject to such representation and warranty of Landlord, (i) Tenant shall be subject solely responsible for complying with any and all applicable Laws, including all Environmental Laws relating to Landlordthe Generator and all Hazardous Materials associated with the Generator, including, without limitation, all permitting and tank monitoring and use obligations, (ii) for purposes of all Environmental Laws, Tenant shall be deemed the owner and operator of the Generator, (iii) Tenant shall be responsible for periodically starting and testing the proper functioning of the Generator as recommended by the manufacturer, (iv) Tenant shall be responsible for all repair and maintenance of the Generator to keep it in good operating condition and in compliance with all applicable laws and regulations including applicable Environmental Laws, and (v) Landlord shall have no liability to Tenant as to the operation, suitability or use of the Generator or for any failure of the Generator to function properly should Tenant require use of the Generator for any reason and Tenant hereby releases and agrees to hold Landlord harmless from any and all such liability. Notwithstanding the foregoing, Tenant’s prior approval, which approval will not be unreasonably withheld, delayed obligation to repair or conditioned. Operation of maintain the Generator shall not interfere with other tenants (whether include the making of any capital repairs, replacements, renewals or improvements unless, and to the extent, required due to vibration, noise, fumes, or otherwise). The Generator shall be used only for periodic testing and in the event Tenant’s 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 may not be used as a primary power source, nor may it be used by any occupant of any other premises. The Generator Pad and the Generator shall be subject to all terms and conditions of this Lease, including but not limited to Sections 8, 15, and 16, provided only that the square footage of the Generator Pad shall not be utilized in calculating the Premises Rentable Area for the purpose of calculating Base Rent negligence or allocating Expenses. Upon expiration or earlier termination of this Lease, Tenant shall remove all improvements and equipment from the Generator Pad and shall restore same to a clean, paved condition, and shall provide such studies or other information as is necessary to demonstrate to Landlord’s reasonable satisfaction that there has been no environmental contamination on the Generator Pad as a result of the storage and operation of the generator and fuel tank thereonwillful misconduct.