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. a. Subject to the terms and conditions set forth in this Lease Section 15 and in Section 27 of the Original Lease, and to Tenant obtaining all necessary governmental permits and approvals, and subject to compliance with any and all covenants, conditions, restrictions, laws and ordinances governing the Project, the Building and the Premises, 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 ____ 400 kilowatt back-up generator ("TENANT'S GENERATOR"“Tenant’s Generator”) on the Site Land near the Building or within the area specified on the roof of the Building at Landlord's discretionExhibit B hereto which shall not exceed approximately 200 s.f. Tenant shall not be obligated to pay any rental 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, 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 C. b. 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 15 and subject to the terms Section 27 of the Lease regarding Hazardous Materials. Original Lease, as amended hereby. c. 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. Prior to or within sixty . d. Within thirty (6030) 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 Project, at its sole cost and expense, the AST (including, at Landlord's ’s request, the basement slab), if any, and Tenant's ’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 or any portion thereof by Tenant or any parties for whom Tenant Parties is legally responsible, including, without limitation, its agents, officers, directors, shareholders, members, managers, partners, employees, subtenants, assignees, licensees, contractors or invitees (“Tenant Parties”) in connection with Tenant's ’s Generator or AST, and (ii) return the Premises and the balance of the Building and Project 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. . e. 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 ("ENVIRONMENTAL ASSESSMENT"“Environmental Assessment”) (i) for Hazardous Materials Substances contamination in, about or beneath the Project 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 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 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. . f. 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 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 as a result of such contamination. . g. 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 once per month during pursuant to the Term at a time after normal business hours mutually agreed upon by Landlord and manufacturer’s recommendations. 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 Project, the Building and/or the Premises. h. Tenant shall indemnify indemnify, protect 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. The representations, warranties and agreements of the Tenant set forth in this Rider No. 4 Section 15 shall survive the expiration of the Lease Term or the earlier termination of the Lease for any reason. i. 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 Project. j. 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 Project), 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 Project. 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. k. 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 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.

Emergency Power Generator. i) Subject to the terms and conditions set forth in this Lease Paragraph 36(g) and Paragraph 14, 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 sole cost and expenseexpense (subject to application of the Allowance, with respect to installation only), a maximum ____ 1,000 kilowatt back-up generator ("TENANT'S GENERATORTenant's Generator") on the Site Land near the Building or within the area specified on the roof of the Building at Landlord's discretionExhibit J hereto which shall not exceed one hundred forty (140) square feet (i.e., a 10' x 14' pad). Tenant shall not be obligated to pay any rental or other recurring charges with respect to the area designated for Tenant's Generator. Landlord shall have the right to review and approve approve, such review and approval not to be unreasonably withheld, conditioned or delayed, Tenant'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. ii) 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 ____ five hundred (500) gallons in capacity, shall be double walled in thickness, shall contain diesel fuel or liquid propane only (to power Tenant'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 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 this Paragraph 36(g) and subject to the terms and conditions of the Lease regarding Hazardous Materials. Exhibit H of this Lease. iii) 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. iv) So long as Tenant complies with the terms of this Paragraph 36(g) with respect to the installation and operation of the AST, Tenant shall not be required to remove the AST upon the expiration or earlier termination of this Lease. Prior If Tenant fails to so comply with the terms of this Paragraph 36(g) after receipt of written notice from Landlord and thirty (30) days to cure such failure, 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 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 Building and 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 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 Lawslaws, 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 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. all applicable laws. v) 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 Materials release at the Premises which resulted from a fuel leak relating to the AST, Landlord may, and upon Landlord's request, Tenant shall, retain a registered environmental consultant ("CONSULTANTConsultant") reasonably acceptable to Landlord to conduct an environmental investigation of the Project ("ENVIRONMENTAL ASSESSMENTEnvironmental 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 applicable 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 any applicable 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. . vi) 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 CLEANTenant's Failure to Clean-UPUp"), 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. . vii) 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 pursuant to the manufacturer's recommendations, but in no event more than once per month a week during the 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 Project, the Building and/or the Premises. viii) Tenant shall indemnify indemnify, defend (with counsel reasonably acceptable to Landlord), protect 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 Paragraph 36(g) shall survive the expiration of the Lease Term or the earlier termination of the Lease for any reason. ix) Tenant's Generator shall be installed in a weatherproof, walk-around type, reasonable sound attenuating enclosure. 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 Project. x) 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 Project), 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 Project. Tenant may elect to have such improvements included in the scope of the Tenant Improvements. 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. xi) 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 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.

Emergency Power Generator. Subject to (i) the terms and conditions set forth in this Lease Section 9 and to in Article 10 of the Initial Lease, and (ii) Tenant obtaining all necessary governmental permits and approvals, and so long as Tenant shall not interfere with adversely impact any Building systemsSystems, Tenant shall have the right to install, operate and maintain, at Tenant's ’s sole cost and expense, a maximum ____ 400 kilowatt back-up electrical generator at the Building to supply Tenant with back-up power ("TENANT'S GENERATOR") “Tenant’s Generator”). Initially, Tenant’s Generator will consist of the existing Generac diesel generator at the Project (“Initial Generator”), and Landlord grants Tenant the right to use the Initial Generator on the Site near the Building or on the roof of the Building at Landlord's discretionterms set forth below. Tenant shall not be obligated to pay any rental or other charges with respect to the area designated for Tenant's ’s Generator. Landlord shall have the right right, in accordance with the provisions of Article 10 of the Initial Lease, to review and approve Tenant's approve, such review and approval not to be unreasonably withheld or delayed, Xxxxxx’s plans and specifications for the proposed equipmentequipment to be installed in connection with and inclusive of Tenant’s Generator (provided that Landlord hereby approves the Initial Generator), 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 determined by Landlord in its sole discretion, provided that Landlord agrees to reasonably cooperate with Tenant in determining the most suitable location for the placement of Tenant’s Generator. 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 Materials, all in accordance with applicable laws 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 ’s Generator shall be accomplished by Tenant at its sole cost and expense in accordance with this Section 9 and subject to the terms and conditions of Section 7.3 of the Lease regarding Hazardous MaterialsInitial Lease. In conjunction with If Tenant desires to install a generator other than the installation of Tenant's Initial Generator, subject Tenant may do so on the terms set forth in this Section 9 provided that Tenant surrenders the Initial Generator to Landlord in good operating condition and repair, removes all equipment and improvements installed by or for Tenant in order for the Initial Generator to serve the Premises and restores all areas affected thereby as reasonably required by Landlord. 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 the Initial Generator or any subsequent Tenant's ’s Generator to the Premises and an appurtenant electrical grounding system. Furthermore, Tenant shall have the right to install ______(___) ______(__) inch conduits from the Initial Generator or any subsequent 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. Prior If Tenant installs a generator other than the Initial Generator, then prior to or within sixty (60) days following the expiration, expiration or earlier termination of the Extended Term of this Lease(as the same may be further extended), Tenant agrees upon Landlord's Xxxxxxxx’s request to (i) promptly remove from the Project, at its sole cost and expense, the AST (including, at Landlord's ’s request, the basement slab), if any, and Tenant's ’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 ’s Generator or AST, and (ii) return the Premises and the balance of the Building and Project which were affected by the installation and operation of Tenant’s Generator, the AST and all associated equipment 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 Xxxxxx’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 Xxxxxx’s Generator. Any acknowledgment, consent or approval by Landlord of Tenant's ’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 ’s proposed use and handling of Hazardous Materials is safe or reasonable or in compliance with Environmental Laws. From time to time during the Extended Term (as the same may hereafter be extended) 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 Materials 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 ("ENVIRONMENTAL ASSESSMENT"“Environmental Assessment”) (i) for Hazardous Materials contamination in, about or beneath the Project 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 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 Additional Rent under this the 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 relative to the AST or Tenant's Xxxxxx’s Generator or any recommendations for additional testing and studies to detect the presence of Hazardous Materials 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 as a consequence of any Hazardous Materials 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 Term, as extended hereby and as the same may be further extended (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 the Lease (including, without limitation, any indemnity and restoration obligations of Tenant contained in this the Lease), Tenant will additionally be liable for any rental revenue of Landlord can reasonably demonstrate that it has lost as a consequence of, and to the extent extent, that 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 ’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 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 Project, the Building and/or the Premises. Subject to the provisions of Section 11.5 of the Initial Lease, Tenant shall indemnify indemnify, protect 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 that the same may arise out of the negligence or willful misconduct of Landlord or any Landlord Party. The representations, warranties and agreements of the Tenant set forth in this Rider No. 4 Section 9 shall survive the expiration of the Lease Term or the earlier termination of the Lease for any reason. If Tenant installs a generator other than the Initial Generator, 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 Project. 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 Project)), 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). Landlord hereby approves the screening of the Initial Generator. 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 Project. 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 or any related equipment or facilities 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 and Tenant shall pay to Landlord within thirty (30) days after demand therefor accompanied by reasonably detailed back up documentation, all third-party costs and expenses reasonably incurred by Landlord in conjunction with such structural modifications.