Common use of Generator Clause in Contracts

Generator. Tenant is hereby granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as shall be reasonably imposed by Landlord, the right to install, secure, maintain, replace and operate in the location as reasonably determined on the lower level of its Garage (the "Space"), a 150 kilowatt diesel powered emergency electric generator and a 200 gallon diesel fuel "ready tank" together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the "Generator"). Any parking spaces which are displaced by the Space shall be in reduction of the number of spaces required to be provided to Tenant in accordance with Article 28. Tenant is also granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as may be reasonably imposed by Landlord, the right to install, operate and maintain in shaft space to be reasonably designated by Landlord, an electric riser from the Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets. Tenant shall diligently service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. No signs, whether temporary or permanent, shall be affixed, installed or attached to the Generator or the Space other than those required by Requirements. All signs required, if any, and the location thereof, shall be first approved in writing by Landlord. In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Space or the Generator, Tenant shall comply with all of the applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect to any damage to the Garage cause by Tenant's installation, use, maintenance and repair of the Generator), 8, 11 and 25, and the provisions of this Article shall be applicable to the Space as if the Space was part of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (including those shown to be specifically related to any increase in the assessed valuation of the Building attributable to the Generator), whether imposed by any local, state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to cooperate reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon reasonable advance notice to Landlord, Monday through Friday (exclusive of Building holidays), and at any time in the event of an emergency, Tenant may have access to the Space for the sole purpose of servicing and maintaining the Generator. Tenant shall not have any tools and/or materials stored in the Space. If Tenant shall require access to the Space at times other than those specified in the first sentence of this Section 31.7, then except in the case of an emergency, Tenant shall give Landlord at least 2 full business days prior written notice of such requirement and shall pay all reasonable costs incurred by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During the Term, Tenant shall inspect the Generator at least once a month. The Generator shall not exceed the load-bearing capacity of the Space. (a) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of the Garage, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the "Substitute Space") shall be substantially identified by hatching or otherwise). Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation of the Generator in the Substitute Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlord, at its sole cost (but subject to recoupment pursuant to Article 7 above) shall move the Generator to the Substitute Space (with only a commercially reasonable lapse of service) which shall then become the Space hereunder and the original Space shall be deleted from the coverage of this Lease. Tenant's operation or use of the Generator shall not unreasonably prevent or unreasonably interfere with the operation or use of any equipment of any present or future tenant or occupant of the Building, Building Two or of Landlord. Testing of the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator causes such interference with other equipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement which shall then be deemed to be the Generator hereunder. Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Space or the Building (or the electricity available to the Space) for the installation, use, maintenance or operation of the Generator, and Tenant agrees to accept same in its "as is" condition and without any work or alterations to be made by Landlord.

Generator. Landlord currently intends to erect a "generator farm" ("Farm"), at a location on or adjacent to the Building's loading dock, for the housing of tenant generators. Tenant acknowledges and agrees that the erection of the Farm is hereby granted not an obligation of Landlord under this Lease and Tenant shall have no rights under this Lease, at no additional cost law or in equity, to compel Landlord to erect such Farm. In the event that Landlord erects such Farm, Landlord shall (i) construct a steel structure (or other type of structure) on which a generator of up to 750 KVA can be installed ("Generator") and (ii) install a diesel fuel tank and ancillary equipment (to be used, if possible, in common with other generators located in the Farm) in a concrete vault with sufficient capacity to supply fuel for up to twenty-three (23) hours of operation (subject however, to Tenant's load requirement) and which shall be metered to measure Tenant's individual usage. In addition, subject Tenant shall pay to Article 5 hereof Landlord, within ten (10) days of Landlord's written request therefor accompanied by supporting invoices, (i) the cost for the tank and all costs associated with installation thereof and (ii) Tenant's pro-rata share of the total cost of the steel (or other) structure, including any installation costs relating thereto. In no event shall Tenant's installation costs under this Section 62 exceed $62,500.00. In addition to Tenant being responsible for any fuel usage and the aforesaid installation costs, Tenant shall be charged a fee of $1 500.00 per month, as Additional Rent, for use of the Farm. Under the supervision of Landlord and at Tenant's sole cost and expense, Tenant shall (i) complete the installation of the Generator and (ii) the connection of the electricity from the Generator to the Premises in accordance with all of the provisions of this Article 31 54 herein, the plans and such specifications therefor approved by Landlord and any other requirements as reasonable rules and regulations of the Building. Tenant shall also be responsible for the cost of the installation, service, repair, replacement and maintenance of the Generator and related equipment, cabling, conduits, wire and transfer switches and for any repair or damage caused by the Generator or by Tenant or any of its employees, agents, contractors or invitees, and the Generator shall be reasonably imposed by Landlord, treated as if the right to install, secure, maintain, replace and operate in Generator were part of Tenant's personal property located within the location as reasonably determined on Premises. Without limiting the lower level of its Garage (the "Space"), a 150 kilowatt diesel powered emergency electric generator and a 200 gallon diesel fuel "ready tank" together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the "Generator"). Any parking spaces which are displaced by the Space shall be in reduction generality of the number of spaces required to be provided to Tenant in accordance with Article 28. Tenant is also granted at no additional cost to Tenantforegoing, subject to Article 5 hereof and the all provisions of this Article 31 Lease with respect to Tenant's alterations and such other requirements as Tenant's obligations to comply with laws and insurance requirements, maintaining insurance, indemnifying Landlord and performing repairs and maintenance shall apply to Tenant's installation, use and maintenance of the Generator. Tenant shall maintain the Generator in good order and repair and Tenant, its employees, agents and contractors shall have access to the Farm for the purposes of installation, maintenance and repair of Tenant's Generator at reasonable times, which times (except in the case of emergency) shall be arranged in advance with Landlord. Landlord or its representatives may be reasonably imposed by Landlordaccompany Tenant whenever Tenant, its employees, agents or contractors enter the Farm. Notwithstanding the foregoing to the contrary, Tenant's right to install, operate and maintain in shaft space to be reasonably designated by Landlord, an electric riser from the Space to the electric closets serving the Premises in order to bring electric power from the Generator shall be subject to (i) Landlord's construction of such electric closets. Farm and (ii) Tenant shall diligently service, repair, paint obtaining all necessary governmental permits and maintain approvals required for the installation and operation of the Generator, including, without limitation, all electrical wiresfederal, guide wires state and conduits related thereto. No signslocal permits and approvals, whether temporary or permanent, which permits and approvals shall be affixed, installed or attached to remain in effect at all times that the Generator or the Space other than those required by Requirements. All signs required, if any, and the location thereof, shall be first approved in writing by Landlord. In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Space or the Generator, Tenant shall comply with all of the applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect to any damage to the Garage cause by Tenant's installation, use, maintenance and repair of the Generator), 8, 11 and 25, and the provisions of this Article shall be applicable to the Space as if the Space was part of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (including those shown to be specifically related to any increase is located in the assessed valuation of the Building attributable to the Generator), whether imposed by any local, state and/or federal government or any agency thereof, shall be exclusively borne by TenantFarm. Landlord agrees shall have the right to, or to cooperate reasonably with require Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon reasonable advance notice to Landlordto, Monday through Friday (exclusive of Building holidays), and at any time in the event of an emergency, Tenant may have access to the Space for the sole purpose of servicing and maintaining the Generator. Tenant shall not have any tools and/or materials stored in the Space. If Tenant shall require access to the Space at times other than those specified in the first sentence of this Section 31.7, then except in the case of an emergency, Tenant shall give Landlord at least 2 full business days prior written notice of such requirement and shall pay all reasonable costs incurred by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During the Term, Tenant shall inspect the Generator at least once a month. The Generator shall not exceed the load-bearing capacity of the Space. (a) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of location designated by Landlord or to cease the Garage, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the "Substitute Space") shall be substantially identified by hatching or otherwise). Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation operation of the Generator in the Substitute Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlord, at its sole cost (but subject by Landlord and to recoupment pursuant to Article 7 above) shall move remove same if the Generator to the Substitute Space (with only a commercially reasonable lapse of service) which shall then become the Space hereunder and the original Space shall be deleted from in violation of applicable law or shall interfere with the coverage use and operation of this Leaseother facilities. Tenant's operation or use Tenant acknowledges that any testing of the Generator shall not unreasonably prevent or unreasonably interfere with the operation or use of any equipment of any present or future tenant or occupant only take place after normal business hours of the Building, Building Two or of Landlord. Testing of the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator causes such interference with other equipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement which shall then be deemed to be the Generator hereunder. Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Space or the Building (or the electricity available to the Space) for the installation, use, maintenance or operation of the Generator, and Tenant agrees to accept same in its "as is" condition and without any work or alterations to be made by Landlord.

Generator. Tenant is hereby granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as shall be reasonably imposed by Landlord, the right permitted at its cost to install, secureoperate, maintain, repair and replace and operate up to one 1,250 kw/480 volt diesel generator to be located at Tenant's option, either in the location as reasonably determined on the lower level of its Garage (the "Space"), a 150 kilowatt diesel powered emergency electric generator and a 200 gallon diesel fuel "ready tank" together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the "Generator"). Any parking spaces which are displaced by the Space shall be in reduction alcove directly north of the number of spaces required to be provided to Tenant in accordance with Article 28. Tenant is also granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as may be reasonably imposed by Landlord, the right to install, operate and maintain in shaft space to be reasonably designated by Landlord, an electric riser from the Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets. Tenant shall diligently service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. No signs, whether temporary Public Service Transformer room or permanent, shall be affixed, installed or attached to the Generator or the Space other than those required by Requirements. All signs required, if any, and the location thereof, shall be first approved in writing by Landlord. In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Space or the Generator, Tenant shall comply with all directly south of the applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect to any damage to the Garage cause by Tenant's installation, use, maintenance and repair first west bay of the Generator)Annex Building, 8, 11 and 25, and the provisions of this Article shall be applicable to the Space as if the Space was part of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (including those shown to be specifically related to any increase in the assessed valuation of the Building attributable to the Generator), whether imposed by any local, state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to cooperate reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon reasonable advance notice to Landlord, Monday through Friday (exclusive of Building holidays), and at any time in the event of an emergency, Tenant may have access to the Space for the sole purpose of servicing and maintaining the Generator. Tenant shall not have any tools and/or materials stored in the Space. If Tenant shall require access to the Space at times other than those specified in the first sentence of this Section 31.7, then except that in the case of the first west bay, Tenant has constructed an emergencyenclosure around the generator area and installs landscaping from materials and to a design approved by Landlord. Such generator will have the related wiring, piping, conduits, vents and equipment, including up to six (6) four-inch and up to two (2) one-inch conduits all provided by Tenant. In connection with such generator, Tenant shall give Landlord at least 2 full business days prior written notice of such requirement also have the right to place one up to 3,000 gallon fuel tank or two up to 1,500 gallon fuel storage tanks in the alcove area ("Equipment Area") reasonably adjacent to the generator location or other mutually agreed upon area. This area is shown in Exhibit "H." The fuel tanks will comply with all laws, rules and shall pay all reasonable costs incurred regulations. Alternatively, the fuel tanks will be placed in another location as determined by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During Tenant will have the Term, exclusive right to use this area. Tenant shall inspect the Generator at least once a month. The Generator shall not exceed the load-bearing capacity of the Space. (a) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of the Garage, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the "Substitute Space") shall be substantially identified by hatching or otherwise). Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation of the Generator in the Substitute Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlordmay, at its sole cost (but subject option, demolish and remove the existing concrete floor slab in this area and replace it with an approximately eight-inch reinforced concrete slab. Tenant shall have the right to recoupment pursuant to Article 7 above) shall move install a fuel piping system, which includes two 4-inch double-walled supply and return pipes from the Generator generator to the Substitute Space (fuel tanks. Tenant shall have the right to install required fuel fill lines and ventilation lines in locations as reasonably determined by Tenant and approved by Landlord which approval shall not be unreasonably withheld, delayed or conditioned. Tenant shall enclose the fuel tanks by constructing a concrete masonry unit enclosure. Tenant shall have the right to test the generator no less than once per week at a time mutually agreed upon between Landlord and Tenant and in compliance with only a commercially reasonable lapse of service) which shall then become all laws. Tenant hereby agrees to protect, defend, indemnify and hold harmless Landlord for the Space hereunder and the original Space shall be deleted from the coverage of this Lease. Tenant's operation or use of the Generator generator and fuel storage tank and any environmental liability resulting therefrom and Tenant shall not unreasonably prevent or unreasonably interfere with remove same upon the operation or use of any equipment of any present or future tenant or occupant expiration of the Lease Term. This indemnity shall survive the expiration of the Lease Term. Tenant may, at its option, place the transfer switch and disconnect switch in the Equipment Area along with related piping, conduits and equipment. Tenant specifically will have the option to place a portion of its equipment, including the transfer switch, in the approximately 30 foot by 30 foot room in the Southwest corner of the Annex Building, Building Two or currently identified as the "Wards Battery Room." The square footage of Landlord. Testing of said space is 981 rental square feet and the Generator rental rate for such space shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord as set forth in Section 1(i) and shall reasonably determine that the Generator causes such interference with other equipment, then Landlord may so notify Tenant, and Landlord may require Tenant be an addition to replace the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement which shall then be deemed to be the Generator hereunder. Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Space or the Building (or the electricity available to the Space) for the installation, use, maintenance or operation of the Generator, and Tenant agrees to accept same in its "as is" condition and without any work or alterations to be made by LandlordBase Rent.

Generator. One or more generators will be installed within the Premises as part of the Tenant Fit-Up which includes its (or their) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is hereby granted at no additional cost generally referred to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as shall be reasonably imposed by Landlord, the right to install, secure, maintain, replace and operate in the location as reasonably determined on the lower level of its Garage (the "SpaceUninteruptable Power Supply" or "UPS"), a 150 kilowatt diesel powered emergency electric generator cooling system, exhaust system, fuel pump and a 200 gallon diesel fuel day tank (all of the said items to be collectively referred to as "ready tank" the Generator") together with its associated exterior enclosure, concrete pad and all ancillary structural supports and screening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), mountingsautomatic transfer switch, piping, duct work, venting, conduit, wiring and support, including, without limitationall feeder conductors from the generator into the Building. The Tenant acknowledges that the Landlord will be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarity, the emergency electric riser Tenant agrees that such connection shall continue in the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Premises as provided for in Section 8 of Schedule "F" of this lease. Without limiting any of the Tenant's obligations under this lease, the Tenant agrees that it shall maintain the Generator in good order and emergency fuel pumpscondition at its expense throughout the Term. Notwithstanding the foregoing, as the testing and maintenance of the LSS, including such portion of the Generator relating to the LSS, shall be reasonably necessary for the operation thereof, (collectively the "Generator"). Any parking spaces which are displaced carried out by the Space shall be in reduction of the number of spaces required to be provided to Tenant Landlord in accordance with Article 28any building codes applicable thereto. Tenant is also granted The said testing and maintenance shall be at no additional cost such intervals as would be carried out by a prudent owner of a building similar to Tenant, subject to Article 5 hereof the Building and the provisions cost thereof will be included in Operating Expenses. In consideration of this Article 31 and such other requirements as may be reasonably imposed by Landlord, the right to install, operate and maintain in shaft space Tenant permitting the LSS to be reasonably designated by Landlord, an electric riser from the Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets. Tenant shall diligently service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. No signs, whether temporary or permanent, shall be affixed, installed or attached connected to the Generator or the Space other than those required by Requirements. All signs required, if any, and Landlord agrees to contribute the location thereof, shall be first approved in writing by Landlord. In sum of $85,000.00 ("the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect Generator Allowance") to the Space or the Generator, Tenant shall comply with all of the applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect to any damage to the Garage cause by Tenant's installation, use, maintenance and repair acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the day that is the later of thirty (30) days after the Commencement Date and the date on which the LSS is connected to the Generator. At the end of the Term (as extended, if applicable), 8, 11 and 25, and the provisions of this Article Tenant agrees that the Landlord shall be applicable have the option to purchase the Generator ("the Generator Purchase Option") upon payment to the Space Tenant of an amount ("the Landlord's Generator Payment") calculated as if being the Space was part unamortized balance (based on a straight-line amortization over twenty (20) years) of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of difference between the existence and/or use Tenant's acquisition cost of the Generator (including those shown which cost for clarity is not to be specifically related to include any increase in the assessed valuation of the Building attributable to cabling or equipment other than the Generator), whether imposed ) and the Generator Allowance. The Generator Purchase Option may be exercised by any local, state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. the Landlord agrees to cooperate reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon reasonable advance notice to Landlord, Monday through Friday (exclusive of Building holidays), and at any time prior to the last sixty (60) days of the Term (as extended, if applicable) and in the event of an emergency, Tenant may have access to the Space for the sole purpose of servicing and maintaining the Generator. Tenant shall not have any tools and/or materials stored in the Space. If Tenant shall require access to the Space at times other than those specified in the first sentence of this Section 31.7, then except in the case of an emergency, Tenant shall give Landlord at least 2 full business days prior written notice of such requirement and shall pay all reasonable costs incurred by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During the Term, Tenant shall inspect the Generator at least once a month. The Generator shall not exceed the load-bearing capacity of the Space. (a) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of the Garage, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the "Substitute Space") shall be substantially identified by hatching or otherwise). Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation of the Generator in the Substitute Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlord, at its sole cost (but subject to recoupment pursuant to Article 7 above) shall move the Generator to the Substitute Space (with only a commercially reasonable lapse of service) which shall then become the Space hereunder and the original Space shall be deleted from the coverage of this Lease. Tenant's operation or use of the Generator shall not unreasonably prevent or unreasonably interfere with the operation or use of any equipment of any present or future tenant or occupant of the Building, Building Two or of Landlord. Testing of the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator causes such interference with other equipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement which shall then be deemed to be the Generator hereunder. Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Space or the Building (or the electricity available to the Space) for the installation, use, maintenance or operation of the Generator, and Tenant agrees to accept same in its "as is" condition and without any work or alterations to be made by Landlord.exercised:

Generator. 22.1 As an appurtenant to the Premises, for and with respect to the Term of this Lease, Tenant is hereby granted at no additional cost to Tenantgranted, subject to this Article 22, Article 5 hereof of this Lease and all of the other provisions of this Article 31 Lease and such other requirements as shall be reasonably imposed by LandlordLandlord from time to time, the right to install, secure, maintain, replace and operate in either (a) the location designated as reasonably determined “A”, or (b) the location designated as “B”, each as set forth on the lower level of its Garage Exhibit H annexed hereto (the "“Generator Space"”), a 150 kilowatt diesel powered an emergency electric generator and a 200 gallon diesel fuel "ready tank" together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the "“Generator"”). Any parking spaces which are displaced by The capacity, size, location and dimensions of the Space Generator shall be subject to Landlord’s approval, which approval will not be unreasonably withheld. To the extent that the Generator shares facilities (excluding the cooling tower), including, without limitation, fuel systems, supply air systems, generator rooms, feeders, etc., with Landlord’s generator, Tenant shall pay the incremental costs of such facilities in reduction excess of the number of spaces required to be provided to Tenant in accordance with Article 28. costs that Landlord would incur but for such sharing and shall reimburse Landlord for all such costs (including design, installation and construction costs) within 30 days after demand. 22.2 Tenant is also granted at no additional cost to Tenantgranted, subject to Article 5 hereof and the provisions of Article 5 and of this Article 31 22 and such other requirements as may be reasonably imposed by Landlord, the right to install, operate and maintain in shaft or riser space to be reasonably designated by Landlord, Landlord an electric riser from the Generator Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets. closets and from the Generator Space (i) to the Building’s intake and discharge air shaft/plenums in the basement of the Building, (ii) to a fuel oil fill pipe on the street level of the Building and vent, to bring fuel from the street to the fuel tank, and (iii) to a fuel supply and return and a vent pipe as required to bring fuel from the fuel tank to the Generator. 22.3 Tenant shall shall, at its sole cost and expense, diligently operate, service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. . 22.4 No signs, whether temporary or permanent, shall be affixed, installed or attached to the Generator or the Generator Space other than those required by Requirementsapplicable laws, regulations, codes and ordinances. All signs required, if any, and the location thereof, shall be first approved in writing by Landlord. . 22.5 In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Generator Space or the Generator, Tenant shall comply with all of the applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect to any damage to the Garage cause by Tenant's installation, use, maintenance and repair all of the Generator), 8, 11 and 25, and the provisions of this Article Lease shall be applicable to the Generator Space as if the Generator Space was part of the Premises. . 22.6 Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (including those shown to be specifically related to any increase in the assessed valuation of the respective Building attributable to the Generator), whether imposed by any local, state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to cooperate reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon . 22.7 Upon reasonable advance notice to Landlord, Monday through Friday (exclusive of Building holidays), and at any time in the event of an emergency, Tenant may have access to the Generator Space for the sole purpose of servicing and maintaining the Generator. Landlord shall have the right (in its sole discretion) to have its representative(s) accompany Tenant whenever it services or maintains the Generator. At all other times, Landlord may keep the entrances to the Generator Space locked. Tenant shall not have any tools and/or materials stored in the Space. If Tenant , and Tenant’s employees and independent contractors shall require access close and lock the entrance door to the Space at times other than those specified in when leaving the first sentence same. 22.8 Throughout the duration of this Section 31.7, then except in the case of an emergency, Tenant shall give Landlord at least 2 full business days prior written notice of such requirement and shall pay all reasonable costs incurred by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During the TermLease, Tenant shall inspect the Generator at least once on a monthregular basis consistent with the prudent and customary inspection and maintenance procedures. The Generator shall not exceed the load-bearing capacity of the Generator Space. (a) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of the GarageProperty, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the "“Substitute Generator Space"”) shall be substantially identified by hatching or otherwiseidentified). Within 30 days of receipt of Landlord's ’s notice (or, if a governmental permit is required to be obtained for installation of the Generator in the Substitute Generator Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's ’s reasonable cooperation), Landlord, at its sole cost (but subject to recoupment pursuant to Article 7 above) shall move the Generator to the Substitute Generator Space (with only a commercially reasonable lapse of service) which shall then become the Generator Space hereunder and the original Generator Space shall be deleted from the coverage of this Lease. . (b) Tenant's ’s operation or use of the Generator shall not unreasonably prevent or unreasonably interfere with the operation or use of any equipment of any present or future tenant or occupant of the Building, Building Two Buildings or of Landlord. Testing of the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator causes such interference with other operations or equipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the "Replacement"“Replacement Generator”). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the ReplacementReplacement Generator, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's ’s cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement Generator which shall then be deemed to be the Generator hereunder. . 22.10 Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Generator Space or the Building (or the electricity available to the Generator Space) for the installation, use, maintenance or operation of the Generator, and Tenant agrees to accept same in its "“as is" ” condition and without any work or alterations to be made by Landlord.

Generator. (a) Should Landlord, in its sole discretion, determine the Non-FLS Generator described in Paragraph 60 of the Lease requires replacement, Landlord shall give written notice to Tenant is hereby granted within thirty (30) days of notice of the necessity to replace the generator and of Landlord’s election as to one the following: (i) not to replace the Non-FLS Generator; (ii) to replace the Non-FLS Generator with a smaller generator that will not generate excess power beyond the needs of Landlord for the Project; or (iii) to replace the Non-FLS Generator with one containing equivalent rated capacity or greater capacity to the generator being replaced. (b) Should the Non-FLS Generator described in Paragraph 60 of the Lease cease to operate, Landlord shall give written notice to Tenant within ten (10) days of the failure of the generator, and of Landlord’s election as to one the following: (i) not to replace the Non-FLS Generator; (ii) to replace the Non-FLS Generator with a smaller generator that will not generate excess power beyond the needs of Landlord for the Project; or (iii) to replace the Non-FLS Generator with one containing equivalent rated capacity or greater capacity to the generator being replaced. (c) If Landlord elects in the written notice to Tenant the option under either Paragraph 6(a)(i) or (ii) Paragraph 6(b)(i) or (ii) of this Second Amendment, Tenant may install a replacement generator of its own in the location denoted on Exhibit “B – 2nd Amendment”, attached hereto, or such other location as Landlord and Tenant may mutually agree upon. If Tenant elects to install a replacement generator, it shall be at no additional Tenant’s sole cost to Tenantand expense, subject to Article 5 hereof and the provisions governing Alterations set forth in the Lease shall apply, including the following: (i) Tenant shall submit to Landlord for approval prior to installation the plans and specifications setting forth a description of this Article 31 the proposed replacement generator to be installed and such other requirements as provisions of installation; (ii) Tenant shall be reasonably imposed solely responsible for obtaining any and all permits from governmental authority requisite to installation of the replacement generator; (iii) Tenant shall coordinate the actual installation, including the tie-in to existing Building Systems, with Landlord; and (iv) Tenant shall repair any damage to the Project occurring by Landlordreason of the installation of the replacement generator. Notwithstanding anything to the contrary, any installation of the right to installreplacement generator by Tenant must not adversely affect the Building Systems or Building Structure. Once Tenant installs such replacement generator, secure, maintain, replace and operate in the location as reasonably determined on the lower level of its Garage (the "Space"), a 150 kilowatt diesel powered emergency electric generator and a 200 gallon diesel fuel "ready tank" together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as Tenant shall be reasonably necessary solely responsible for the operation thereof, (collectively the "Generator"). Any parking spaces which are displaced by the Space shall be in reduction of the number of spaces required costs to be provided to Tenant in accordance with Article 28. Tenant is also granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as may be reasonably imposed by Landlord, the right to install, operate and maintain in shaft space the replacement generator during the Term. The provisions of the Lease associated with the Non-FLS Generator shall apply to any replacement Non-FLS Generator, except for purposes of the Lease, any such replacement Non-FLS Generator installed by Tenant pursuant to this Paragraph 6(c) shall be deemed to be reasonably designated by Landlord, an electric riser from the Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets. Tenant shall diligently service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. No signs, whether temporary or permanent, shall be affixed, installed or attached to the Generator or the Space other than those required by Requirements. All signs required, if anyAlteration, and not a Non-removable Improvement. (d) If Landlord elects the location thereofoption under Paragraph 6(a)(iii) or Paragraph 6(b)(iii) of this Second Amendment, Landlord shall be first approved in writing by Landlord. In the performance of any installation, alteration, repair, maintenance, removal and/or any other work obtain bids with respect to the Space cost to replace the Non-FLS Generator with a generator of equivalent or greater power capacity and shall notify Tenant of the Generatorbids. Within ten (10) days after receipt of the last of the bids, Landlord and Tenant shall comply review the bids and mutually select the generator to replace the Non-FLS Generator. Following selection, Landlord shall retain the contractor and replace the Non-FLS Generator with all the replacement Non-FLS Generator on which the parties agreed. Following installation, Landlord shall send to Tenant copies of the applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect to any damage invoices related to the Garage cause by Tenant's installation, use, maintenance costs to purchase and repair of install the Generator), 8, 11 and 25, and the provisions of this Article shall be applicable to the Space as if the Space was part of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator (including those shown to be specifically related to any increase in the assessed valuation of the Building attributable to the Generator), whether imposed by any local, state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to cooperate reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon reasonable advance notice to Landlord, Monday through Friday (exclusive of Building holidays), and at any time in the event of an emergency, Tenant may have access to the Space for the sole purpose of servicing and maintaining the Generatorreplacement generator. Tenant shall not have any tools and/or materials stored reimburse to Landlord within thirty (30) days after delivery to Tenant the invoices a percentage of the cost to purchase and install the replacement generator in the Space. If Tenant shall require access an amount equal to the Space at times other than those specified in percentage calculated by taking ½ of the first sentence excess capacity (over the capacity allocated to Landlord). Thereafter, the cost of this Section 31.7operating, then except in maintaining and repairing the case of an emergency, Tenant shall give Landlord at least 2 full business days prior written notice of such requirement and shall pay all reasonable costs incurred by Landlord in connection therewith, including, without limitation, any compensation paid to Building employees or any independent contractors of Landlord. During the Term, Tenant shall inspect the Generator at least once a month. The replacement Non-FLS Generator shall not exceed be included in Operating Expenses using a ratio whereby the loadnumerator is the percentage of capacity used by Tenant of the replacement Non-bearing FSL Generator in and the denominator is the total capacity of the Space. (a) If, at any time during the Term, Landlord, in its judgment, shall determine that it is necessary to move the Generator to another area of the Garage, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the "Substitute Space") shall be substantially identified by hatching or otherwise). Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation of the Generator in the Substitute Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlord, at its sole cost (but subject to recoupment pursuant to Article 7 above) shall move the Generator to the Substitute Space (with only a commercially reasonable lapse of service) which shall then become the Space hereunder and the original Space shall be deleted from the coverage of this Lease. Tenant's operation or use of the Generator shall not unreasonably prevent or unreasonably interfere with the operation or use of any equipment of any present or future tenant or occupant of the Building, Building Two or of Landlord. Testing of the Generator shall be performed during replacement non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator causes such interference with other equipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement which shall then be deemed to be the Generator hereunder. Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Space or the Building (or the electricity available to the Space) for the installation, use, maintenance or operation of the FSL Generator, and Tenant agrees to accept same in its "as is" condition and without any work or alterations to be made by Landlord.