Common use of Generator Use Clause in Contracts

Generator Use. Subject to all applicable provisions of the Lease, Tenant hereby leases from Landlord certain space on the 17th floor as delineated on the Generator Plan attached hereto as Exhibit A, containing the generator (the “Generator”) delineated on Exhibit D attached hereto, for the sole purpose of the operation and maintenance of the Generator. Tenant shall not be responsible for charges other than for fuel, overhead, electricity and maintenance, as provided herein, in connection with using the Generator and Battery Plant (as shown in Exhibit D). Tenant shall have sole use of the Generator during the term hereof. Tenant shall reimburse Landlord, upon demand, for Landlord’s actual cost for diesel fuel consumed by the Generator as indicated on an existing meter, to be maintained by Tenant at its expense. Tenant shall also pay Landlord’s charge, upon demand, for overhead and supervision in connection with the foregoing, in an amount equal to 5% of Tenant’s payment for diesel fuel consumption by the Generator. Tenant shall reimburse Landlord promptly upon demand for all additional fuel lines, pumps, piping meters and other equipment or insulations not in place as of the Commencement Date that are reasonably necessary for the operation of Tenant’s Generator. At Tenant’s option, subject to Landlord’s prior approval, Tenant shall have the right to replace (at its sole cost and expense) rather than repair the Generator, provided the Generator is replaced with another generator of equal or better quality and of equal or greater power, in which event the replacement generator will be maintained by Tenant pursuant hereto and be surrendered by Tenant, together with the Demised Premsies, at the end of the term pursuant to Articles 3 and 24 hereof. Subject to the rights of other tenants or occupants in the Building, Landlord shall make available to Tenant reasonable access to the 17th floor seven (7) days a week, 24 hours per day, subject to Landlord’s security measures for the maintenance, repair, operation and use of the Generator. References herein to the Generator shall be deemed to include risers and the electrical conduits connecting the Generator to the Demised Premises and fuel lines appurtenant thereto. All maintenance and repairs to the Generator (including any replacement generator) shall be performed by Tenant at Tenant’s sole cost and expense.

Generator Use. A. Subject to all applicable provisions of the Lease, Tenant hereby leases from Landlord certain space on the 17th floor of the Building, as delineated on the Generator Plan attached hereto as Exhibit AA-1, containing and install in a portion of said floor a diesel powered electric generator having a capacity of up to 350 KW and other related equipment including mountings and support (collectively the generator ("Generator"). Landlord reserves the “Generator”) delineated on Exhibit D attached hereto, right to relocate the space for the Generator prior to the installation thereof by Tenant. The Generator and all equipment appurtenant thereto and all code mandated requirements shall be installed by Tenant at its sole purpose cost and expense free and clear of all liens. Tenant shall have the operation right to connect Generator to the Building's fuel supply system as designated by Landlord and maintenance of Landlord shall reserve ample fuel as reasonable determined by Landlord for Tenant's use from such fuel tank for the Generator. Tenant shall not be responsible for charges other than for fuelpay to Landlord a one time connection fee of $60.00 multiplied by the number of kilowatts of Generator capacity as additional rent upon demand by Landlord. In addition, overhead, electricity and maintenance, as provided herein, in connection with using the Generator and Battery Plant (as shown in Exhibit D). Tenant shall have sole use of the Generator during the term hereof. Tenant shall reimburse Landlord, upon demand, Landlord for Landlord’s 's actual cost for diesel fuel consumed by the Generator as indicated on an existing meter, a meter to be installed by Tenant and maintained by Tenant at its expense. expense at a point designated by Landlord along the fuel line connecting such fuel tank to the Generator, Tenant shall also pay Landlord’s charge, upon demand, 's charge for overhead and supervision in connection with the foregoing, in an amount equal to 512% of Tenant’s 's payment for diesel fuel consumption by the Generator. Tenant shall reimburse Landlord promptly upon demand for all additional fuel lines, pumps, piping meters and other equipment or insulations not in place as of the Commencement Date that are reasonably installations necessary for the operation of Tenant’s 's Generator. At Tenant’s option, subject to Landlord’s prior approval, Tenant shall have the right to replace (at its sole cost and expense) rather than repair the Generator, provided the Generator is replaced with another generator of equal or better quality and of equal or greater power, in which event the replacement generator will be maintained by Tenant pursuant hereto and be surrendered by Tenant, together with the Demised Premsies, at the end of the term pursuant to Articles 3 and 24 hereof. Subject to the rights of other tenants or occupants in the Building, Building Landlord shall make available to Tenant reasonable access to the 17th Floor (or other floor seven (7designated by Landlord) days a week, 24 hours per day, subject to Landlord’s security measures for the construction, installation, maintenance, repair, repair operation and use of the Generator. If Tenant requires riser space for electrical conduits connecting the Generator to the Demised Premises or for fuel lines connecting the Generator to the Building fuel supply system then subject to availability of riser space in the Building, (it being understood and agreed that any riser space in the Building cannot be reserved by Tenant for future purchase), Landlord shall make such riser space, as designated by Landlord, available to Tenant subject to the conduit rental charges consistent with the Buildings then published payment schedule (i.e., presently as follows: $2.00 per linear foot per annum for 2 inch conduits $4.00 per linear foot per annum for 4 inch conduits; and $6.00 per linear foot per annum for 6 inch conduits, subject to the 3% per annum increase). References herein to the Generator shall be deemed to include risers such riser and the electrical conduits connecting the Generator to the Demised Premises and fuel lines appurtenant thereto. All maintenance and repairs Tenant's Generator shall be treated for all purposes of this Lease as a Tenant alteration subject to the provisions of Article 3 hereof. 1. Landlord shall provide an area around the Generator (including any replacement generatorto be subject to the payment of the license fee hereinbefore provided) shall be performed by Tenant at Tenant’s sole cost to include code required and expensemaintenance clearances around equipment, controls, electrical boxes, conduit, piping, fuel system components, etc.;

Generator Use. Subject Landlord shall lease to all applicable provisions of Tenant (based on 1,319 square feet at the Leasesame annual per square foot rental rate as utilized for the Demised Premises which is included in the rent schedule attached hereto), Tenant hereby leases from Landlord certain space on the 17th eighteenth (18th) floor (as delineated depicted on the Generator Plan plan attached hereto as Exhibit A, containing the E) for a 750 KVA size generator (the “"Generator”) delineated on Exhibit D attached hereto, for the sole purpose of the operation and maintenance of the Generator. Tenant shall not be responsible for charges other than for fuel, overhead, electricity and maintenance, as provided herein, in connection with using the Generator and Battery Plant (as shown in Exhibit D"). Tenant shall have sole use of the The Generator during the term hereof. Tenant shall reimburse Landlord, upon demand, for Landlord’s actual cost for diesel fuel consumed by the Generator as indicated on an existing meter, to be maintained installed shall be free and clear of any financing and installed by Tenant at its expense. Tenant shall also pay Landlord’s charge, upon demand, for overhead and supervision in connection with the foregoing, in an amount equal to 5% of Tenant’s payment for diesel fuel consumption by the Generator. Tenant shall reimburse Landlord promptly upon demand for all additional fuel lines, pumps, piping meters and other equipment or insulations not in place as of the Commencement Date that are reasonably necessary for the operation of Tenant’s Generator. At Tenant’s option, subject to Landlord’s prior approval, Tenant shall have the right to replace (at its 's sole cost and expense. Until a fuel supply system is completed by Landlord, which Landlord shall complete within sixteen (16) rather than repair weeks from the date of full execution of this Lease and delivery by Tenant of the first month's rent check and security as specified herein, the Generator will be serviced with a day fuel tank (and a pump set also to tie into Landlord's fuel supply system) which shall be filled by Tenant and at Tenant's sole cost and expense. In the event the fuel supply system is not complete within said sixteen (16) week period, Tenant shall receive a day for day Generator rent abatement only from the date the sixteen (16) week period expires to the date a fuel supply system is complete. Landlord shall arrange for the availability of fuel to the Generator, provided it being agreed that Tenant shall purchase such fuel from Landlord at Landlord's then standard rates. To the Generator is replaced extent that Tenant elects to or must run conduits risers to the Generator, then, the conduit charges shall be consistent with another the Building's then published payment schedule (i.e., presently as follows: $2.00 per linear foot per annum for 2" conduits $4.00 per linear foot per annum for 4" conduits and $6.00 per linear foot for 6" conduits). 1. Landlord shall provide an area around the generator (to be subject to the payment of equal the license fee hereinbefore provided) to include code required and maintenance clearances around equipment, controls, electrical boxes, conduit, piping, fuel system components, etc.; 2. Steel dunnage or better quality and of equal or greater power, in which event the replacement generator will reinforcement to be maintained installed by Tenant pursuant hereto and may be surrendered by attached to structural supports spanning from base building structural members as necessary to support the generator system; 3. Landlord to allow Tenant to install generator support steel as required, fasten to structural members of roof and to perform waterproofing, if necessary. Tenant not responsible for leaks in roof due to age of existing roof and/or ability of existing roofing to accept new waterproofing repair; 4. Landlord will provide shaftways for Tenant, together with the Demised Premsies, 's connection to Generator at the end of the term pursuant to Articles 3 and 24 hereof. Subject to the rights of other tenants or occupants in the Building, Landlord shall make available to Tenant reasonable access to the 17th floor seven (7) days a week, 24 hours per day, subject to Landlord’s security measures for the maintenance, repair, operation and use of the Generator. References herein to the Generator shall be deemed to include risers and the electrical conduits connecting the Generator to the Demised Premises and fuel lines appurtenant thereto's then Building standard rates; and 5. All maintenance and repairs to the Generator (including any replacement generator) shall be performed by Tenant at Tenant’s 's sole cost and expenseexpense and in furtherance thereof, the Generator shall be surrendered at the expiration or sooner termination of this Lease in good working order. 6. Tenant acknowledges and agrees that Landlord has advised Tenant that there will be certain other Building tenants or telecommunications suppliers installing generators and to facilitate orderly installation of all generators, Tenant shall schedule in advance with Landlord as to when it intends to install the Generator. The installation of the Generator shall be at a time or times which shall not interfere with other tenants and/or telecommunications suppliers installing their respective generators and otherwise in a time and manner reasonably satisfactory to Landlord.