Common use of Generator Clause in Contracts

Generator. Tenant is hereby granted the right, subject to all applicable laws and the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Lease.

Appears in 2 contracts

Sources: Lease, Lease (Virtusa Corp)

Generator. 56.1 Subject to the terms and conditions set forth below, Tenant is hereby granted shall have the right, subject to all applicable laws and the requirements of this Section 27 right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one (1) back-up gas fired generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain Table of Contents equipment in the Premises, provided that the UPS (i) does not more than 130 KV adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in capacityany material respect any structural component of the Building, together (ii) does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not materially interfere with appurtenances the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and wiring (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, withheld, conditioned or delayed), including approval by Landlord of the exact location, type, style, dimensions, weight, plans and installation procedures for the UPS and the characteristics and type of fuel powering such UPS. Prior to the installation of the UPS by Tenant: (a) Tenant shall obtain Landlord’s reasonable approval of the contractor which shall undertake such installation; (b) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (c) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (d) Tenant shall submit to Landlord for its reasonable approval, plans for the installation of the UPS, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the UPS, as well as all associated conduit and related equipment, all in accordance with all Applicable Laws, including without limitation all Environmental Requirements. Tenant shall ensure that the UPS does not interfere with any other equipment serving the Building or any portion thereof. At Tenant’s sole cost, the UPS shall be fully screened from view and sound in a manner reasonably acceptable to Landlord at the time that the UPS is approved by Landlord, which may include without limitation the installation of an additional screening wall and sound baffling. Throughout the Term, Tenant shall (A) ensure that the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, reasonably acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are reasonably required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable UPS. Tenant shall promptly report to Landlord to be constructed by if Tenant on a location on determines that the Lot mutually agreeable to Landlord and Tenant (UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the “Pad”) and for the installation, operation and maintenance end of the GeneratorTerm, if requested by Landlord, Tenant, at Tenant’s sole cost and expense. Tenant acknowledges , shall remove the UPS and agrees that restore the area in which it shall be solely responsible for all costs was located to be incurred for its condition immediately prior to the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereoverUPS. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Leaseobtain at Tenant’s expense all permits and governmental approvals necessary for such removal.

Appears in 2 contracts

Sources: Lease Agreement (Adicet Bio, Inc.), Lease Agreement (resTORbio, Inc.)

Generator. (a) Landlord agrees to allow Tenant is hereby granted to use a portion of the rightLand for an emergency electrical generator (the "Generator") and enjoy 24-hour access thereto at a location to be reasonably designated by Landlord (the "Generator Area"), subject and Tenant's obligations with respect thereto shall be all in accordance with the terms, provisions, conditions and agreements contained in this Lease. (b) Tenant shall install the Generator in the Generator Area at its sole cost and expense, in accordance with all of the applicable provisions of this Lease (including, without limitation, Section 5.9). Landlord shall not be obligated to perform any work or incur any expense to prepare the Generator Area for Tenant's use thereof. (c) Tenant shall not install or operate the Generator until it receives prior written approval from Landlord, which approval Landlord agrees shall not be unreasonably withheld, conditioned, or delayed provided, and on the condition that Tenant complies with all applicable laws and of the requirements of this Lease (including, without limitation, Section 27 5.9). Prior to install one commencing such installation, Tenant shall provide Landlord with (1i) back-up gas fired generator copies of not more than 130 KV in capacityall required permits, together with appurtenances licenses and wiring as necessary for authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all times during the operation of the generator Generator; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease. Landlord may withhold approval if the installation 50 or operation of the Generator reasonably would be expected to damage the structural integrity of the Building. Tenant agrees to reimburse Landlord for reasonable and actual expenses incurred in connection with the review and approval of Tenant's plans showing the proposed installation of the Generator. (d) on a concrete pad Tenant covenants that will not exceed four (4i) feet Tenant shall repair any damage caused by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, installation or operation and maintenance of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for (ii) the installation and operation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator at or near the Building shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunicationtelecommunications, mechanical or other systems at either located or servicing the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building Building) or Project)located at or servicing any building, (b) not unreasonably interfere with premises or location in the use and enjoyment vicinity of other tenants of their demised premises within the Building or and (iii) the Projectinstallation, (c) not void any Building warranty or guarantyexistence, or materially maintenance and adversely disturb or otherwise affect the architectural integrity operation of the Building, (d) be approved in writing by Landlord as to material and location, which approval Generator shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations order, regulations, etc., of any Federal, State, county and or municipal authorities having jurisdiction thereover. , or constitute a nuisance or interfere with the use and enjoyment of the premises of any other tenant in the Building. (e) Tenant shall retain ownership covenants and agrees that the installation, operation and removal of the Generator will be at its sole risk, except for Landlord's negligence or willful misconduct, or that of its agents, contractors or employees. Tenant agrees to indemnify and defend Landlord and all other Indemnitees (as defined in Section 5.5) against all claims, actions, actual and punitive damages, liabilities and expenses including reasonable attorney's fees incurred in connection with the loss of life, personal injury, damage to property or business or any other loss or injury or as a result of any litigation arising out of the installation, use, operation, or removal of the Generator by Tenant or its transferee, including any liability arising out of Tenant's violation of its obligations under paragraph (d) of this Section (except if such liability is caused by the negligence or willful misconduct of Landlord or its employees, agents, or contractors). (f) Within fifteen (15) days following the expiration of the Term or earlier termination of this Lease.the Lease or the permanent termination of the operation of the Generator by Tenant, Tenant shall, at its sole cost and expense, (i) remove the Generator in accordance with the terms hereof, and (ii) leave the area in which the Generator was located in good order, the area cleaned up, with all utilities capped. Landlord may, at Tenant's expense, require environmental testing by a consultant and with a scope of work reasonably acceptable to Landlord to determine if there has been a release of hazardous substances (as defined in Section 5.2) with respect to the use by Tenant of the Generator or the storage of any materials in connection therewith by Tenant. If the environmental report determines that an Environmental Condition (as hereinafter defined) exists in the vicinity of the Generator Area involving hazardous substances of the type used by Tenant, its agents, employees or contractors in connection with the Generator Area, and Tenant does not reasonably demonstrate that the Environmental Condition was caused by a party other than Tenant, its agents, employees or contractors, then Tenant shall further investigate and remediate the affected area and be responsible for complying with all Environmental Laws in connection with such Environmental Condition. Tenant shall have the right, and at Landlord's election, the obligation, to perform at Tenant's sole cost and expense, baseline environmental testing of the Generator Area, the scope of which shall be subject to Landlord's prior written review and approval, not to be unreasonably withheld. If Landlord determines that additional environmental testing is

Appears in 2 contracts

Sources: Office Lease (Storagenetworks Inc), Office Lease (Storagenetworks Inc)

Generator. Tenant is hereby granted the right, subject to all applicable laws and the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance of the GeneratorTenant, at Tenant’s sole cost expense, may install a generator at the Building (“Tenant’s Work”) in the location reflected on Exhibit “A”, attached hereto and expensemade a part hereof. In Performing the Tenant’s Work, Tenant acknowledges shall comply with the following provisions: (i) Tenant shall first obtain the approval of Landlord of the specific work it proposes to perform and agrees that it shall furnish Landlord with reasonably detailed plans and specifications; (ii) Tenant and/or Tenant’s contractor must secure all permits from the township. A copy of the permits and the final, approved inspection must be promptly provided to Landlord; (iii) The Tenant’s Work shall be performed by responsible contractors and subcontractors who shall not prejudice Landlord’s relationship with Landlord’s contractors or subcontractors or the relationship between such contractors and their subcontractors or employees, or disturb harmonious labor relations in the Building (picketers of the Tenant’s Work shall not be deemed to be disturbing harmonious relations in the Building), and who shall furnish in advance and maintain in effect workmen’s compensation insurance in accordance with statutory requirements and comprehensive public liability insurance (naming Landlord and Landlord’s contractors and subcontractors as additional insureds) with limits satisfactory to Landlord; (iv) No such work shall be performed in such manner or at such times as to cause any delay in connection with any work being done by any of the Landlord’s contractors or subcontractors in the Premises or in the Building generally; (v) All construction contractors for Tenant’s Work have agreed in writing to language holding the Landlord harmless from and against any and all claims arising from, under or in connection with such construction; and (vi) Tenant and its contractors and subcontractors shall be solely responsible for all costs to be incurred the transportation, safekeeping and storage of materials and equipment used in the performance of such work, for the installation removal of waste and debris resulting therefrom, and for any natural gas line damage caused by them to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured any installations or work performed by a separate meter to be installed by Landlord’s contractors and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Leasesubcontractors.

Appears in 2 contracts

Sources: Lease (Accolade, Inc.), Lease (Accolade, Inc.)

Generator. 8.1 Tenant, shall have the right to use the existing generator serving the Expansion Space (the "Generator") and the existing above ground fuel tank (the “Tank”) to provide emergency additional electrical capacity to the Expansion Space during the Term. The Generator and the Tank is in the location outlined on Exhibit C attached hereto and made a part hereof (the “Generator Area”). Tenant accepts the Generator in its as-is hereby granted condition as of the rightExpansion Effective Date, subject and Landlord makes no warranties or representations to Tenant as to the condition of the Generator or the Tank. Tenant shall comply with all applicable laws and Laws, including Environmental Laws, pertaining to Tenant’s use of the requirements Generator Area. Tenant shall also be responsible for the cost of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV all utilities consumed in capacity, together with appurtenances and wiring as necessary for the operation of the generator (Generator and the “Generator”) on a concrete pad Tank. 8.2 Tenant shall be responsible for assuring that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installationmaintenance, operation and maintenance removal of the Generator and the Tank shall in no way damage any portion of the Building or Project. To the maximum extent permitted by Laws, Landlord shall have no liability to Tenant if the Generator, the Tank or any appurtenances installations are damaged for any reason. Subject to the provisions of Section 9.3 of the Lease, Tenant agrees to be responsible for any damage caused to the Building in connection with the maintenance, operation or removal of the Generator by Tenant and, to indemnify, defend and hold Landlord and the Landlord Parties harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects' and attorneys' fees (if and to the extent permitted by Laws), which may be imposed upon, incurred by, or asserted against Landlord or any of the Landlord Parties in connection with the maintenance, operation or removal of the Generator and the Tank by Tenant, including, without limitation, any environmental and hazardous materials claims; provided, that Landlord shall not be released or indemnified from any such liabilities, obligations, damages, penalties, claims, costs, charges and expenses arising from the maintenance, operation or location of the Generator and the Tank prior to the Expansion Delivery Date, including, without limitation, any environmental and hazardous materials claims arising from the maintenance, operation or location of the Generator and the Tank prior to the Expansion Delivery Date. 8.3 Tenant shall be responsible for the operation, cleanliness, maintenance and removal of the Generator and the Tank and the appurtenances, all of which shall remain the personal property of Tenant, and shall be removed by Tenant at Tenant’s sole cost and expenseits own expense at the expiration or earlier termination of the Lease. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for repair any damage caused by such removal, including the installation patching of any natural gas line holes to service Generator (match, as closely as possible, the “Generator Gas Line”). The gas usage for color surrounding the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The area where the Generator, the Pad, the Generator Gas Line Tank and their installation, location, appurtenances were attached. Such maintenance and operation shall (a) not cause be performed in a manner to avoid any unreasonable interference with any telecommunicationother tenants or Landlord. Tenant shall have no right to make any changes, mechanical alterations, additions, decorations or other systems at improvements to the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and locationGenerator Area without Landlord’s prior written consent, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to maintain the Generator and the Tank, (e) not including without limitation, any enclosure installed around the Generator and the Tank in good condition and repair. Tenant shall be used responsible for performing any maintenance and improvements to any enclosure surrounding the Generator and the Tank so as to keep such enclosure in good condition. 8.4 Tenant, subject to the rules and regulations enacted by Landlord, shall have access to the Generator and the Tank and its surrounding area for the purpose of installing, repairing, maintaining and removing said Generator and the Tank. 8.5 Tenant shall be permitted to use the Generator Area solely for the maintenance and operation of the Generator and the Tank, and the Generator, Tank and Generator Area are solely for the benefit of persons or entities other than Tenant. All electricity generated by the Generator may only be consumed by Tenant or (f) not constitute a violation of in the Expansion Space. Landlord shall have no obligation to provide any applicable lawsservices, ordinancesincluding, ruleswithout limitation, orders or regulations of any Federalelectric current, State, county and municipal authorities having jurisdiction thereoverto the Generator Area. Tenant shall retain ownership have no right to sublet the Generator Area or to assign its interest therein except in connection with an assignment or sublease of the Generator following the expiration of the Term or earlier termination of this LeaseExpansion Space.

Appears in 1 contract

Sources: Lease Agreement (Exelixis, Inc.)

Generator. (a) Provided that at the time of such installation (i) there then exists no Event of Default (or any monetary default of which Landlord has given Tenant notice), (ii) this Lease is hereby granted then in full force and effect and (iii) Original Tenant (together with any Space Occupants) is in actual occupancy of the rightentire Premises, then, subject to all applicable laws the provisions of Article 8 of the Lease and the requirements of this Section 27 11, Tenant shall have the right and option to install one install, prior to the fifth (15th) backanniversary of the 27th Floor Premises Commencement Date, a gas-up gas fired emergency electrical generator of not more than 130 KV in capacityup to 1,000 KVA to serve the Premises, together with appurtenances and wiring as necessary for the operation of the such generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed located in the location shown on Exhibit D attached hereto in the Building’s loading dock (“Tenant’s Generator Right”). Tenant shall exercise Tenant’s Generator Right by appropriate screening and landscaping acceptable giving written notice to Landlord accompanied by plans and specifications demonstrating to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for Landlord’s reasonable satisfaction that the installation, operation and maintenance of such generator will (i) have no adverse effect upon the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity structure of the Building, the operation and maintenance of Building systems, or the business of other tenants or occupants; (dii) have adequate connection to utilities, ventilation, conduits and risers to the Premises; (iii) be approved in writing compliance with laws and insurance requirements; and (iv) be in compliance with all applicable governmental permits and approvals all which shall be obtained by Tenant prior to installation. Landlord’s reasonable satisfaction with the foregoing shall be a condition precedent to installation. Landlord as shall have the right to material and locationapprove the design of the generator, which approval shall not be unreasonably withheld, conditioned or delayed, and in connection therewith, Landlord shall review and provide comments to Tenant’s plans and specifications therefor, but Landlord’s approval of the design shall not be deemed to be an approval of the legality or feasibility of the installation or operation of the generator nor relieve Tenant of otherwise complying with the terms of this Section 11 (other than obtaining Landlord’s approval of such design). Such generator, together with all associated mountings, supports, wiring, cabling, switches and other related equipment, is referred to herein as the “Generator”. Landlord makes no representations of any kind with respect to the feasibility of the installation or operation of the Generator or the ability to obtain any necessary governmental permits and approvals therefor. (b) Landlord shall have the right (“Landlord’s Generator Space Recapture Right”), at any time after the third (3rd) anniversary of the 27th Floor Premises Commencement Date and prior to the exercise by Tenant of Tenant’s Generator Right, to give Tenant written notice (“Landlord’s Generator Space Recapture Notice”) demanding that Tenant either exercise Tenant’s Generator Right or lose Tenant’s Generator Right. If Tenant shall fail, within thirty (30) days after the giving of Landlord’s Generator Space Recapture Notice, to exercise Tenant’s Generator Right in accordance with this Section 11, Tenant’s Generator Right shall be void and of no further effect. Landlord shall exercise Landlord’s Generator Space Recapture Right in good faith based upon the needs of Landlord or other tenants or occupants, and/or prospective tenants or occupants, of the Building. (c) If, prior to (x) the fifth (5th) anniversary of the 27th Floor Premises Commencement Date or (y) thirty (30) days after the giving of Landlord’s Generator Space Recapture Notice, whichever of (x) or (y) is earlier, Tenant reasonably determines that installation and operation of the Generator in the location shown on Exhibit D attached hereto is not feasible and practicable, then, provided that Tenant waives in writing Tenant’s right hereunder to install the Generator in the location shown on Exhibit D attached hereto, Landlord shall cooperate reasonably with Tenant (at no cost or expense to Landlord) to find another location in the Building which is feasible and practicable for the installation of the Generator and, if such alternate location is identified, Tenant’s Generator Right shall apply to such alternate location subject in all events to all of the terms and conditions of this Section 11 including, without limitation, all time deadlines. (d) Tenant shall, at Tenant’s sole cost and expense, perform all work necessary to install, maintain, repair and, if required, remove the Generator, including, without limitation, obtaining and maintaining all licenses and permits required for the installation, maintenance, operation, repair and, if required, removal of the Generator. Landlord shall cooperate reasonably with Tenant in connection with the obtaining and maintaining by Tenant of all such licenses and permits, provided that Tenant shall reimburse Landlord, within thirty (30) days following demand thereof, all reasonable out-of-pocket third party costs incurred by Landlord in connection with such cooperation, and such costs shall be Additional Rent. In the performance of any such work, Tenant shall comply with all applicable provisions of the Lease including, without limitation Article 8 of the Lease. Landlord shall supervise the performance of any such work, and Tenant shall pay to Landlord, as Additional Rent, a fee not to exceed five percent (5%) of Tenant’s costs and expenses. (e) not be used for Notwithstanding anything to the benefit of persons or entities other than Tenant or contrary contained in the Lease, (fi) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following shall be deemed to be a Specialty Alteration, (ii) the Generator shall be deemed to be the property of Landlord and, subject to Landlord’s right to have Tenant remove the same as hereinafter set forth, shall be surrendered with the Premises upon the expiration of the Term or earlier termination of the Term and (iii) Landlord shall have the right, upon written notice to Tenant given at any time prior to the expiration or earlier termination of the Term, to require that the Generator be removed upon the expiration or earlier termination of the Term. (f) Tenant agrees that Tenant’s indemnification of the Landlord Parties set forth in Section 8.3(c) and 11.1 of the Lease shall include all injury, loss, claims, damage, expense (including reasonable attorneys’ fees and disbursements actually incurred by Landlord) in connection with the installation, operation, repair, maintenance and, if required, removal, of the Generator. (g) Tenant’s Generator Right is personal to Original Tenant and shall not be transferred, assigned or exercised by any other party, it being agreed, however, that, following the installation of the Generator, the Generator shall be available to any permitted assignee or subtenant of all or any portion of the Premises to be used in accordance with this LeaseSection, provided that Landlord shall have no obligation to incur any cost or to perform any work in connection therewith. The Generator shall be used solely for purposes incidental to the business of Tenant (and not for re-sale).

Appears in 1 contract

Sources: Lease (Cowen Group, Inc.)

Generator. Tenant is hereby granted shall have the rightright to install, maintain and repair a back-up generator and auxiliary equipment (the "Generator"), subject to all applicable laws the specifications therefor set forth in the Specifications (the "Generator Specifications") and the following conditions: (a) Tenant shall comply with all laws, ordinances, notices, orders, rules, regulations and requirements of this Section 27 regulating the Property (the "Laws and Requirements") with respect to install one (1) back-up gas fired generator of not more than 130 KV in capacitythe installation, together with appurtenances maintenance, repair and wiring as necessary for the operation removal of the generator Generator and shall obtain, and deliver to Landlord written evidence of, any approval(s) required therefor under any Laws or Requirements or recorded covenants or restrictions applicable to the Property and copies of all permits and approvals therefor. (b) The Generator shall be installed, maintained and repaired, at Tenant's sole cost and expense, in the “Generator”) location shown on Exhibit "A" attached hereto and in strict accordance with the Generator Specifications. The Generator shall be maintained on a concrete pad that will not exceed four flush with the current asphalt and shall be painted to blend with the building exterior. All PVC conduits shall be underground. Any asphalt trenching shall be refilled and compacted to match existing asphalt conditions. The Generator shall be screened from view pursuant to landscaping and screening approved by Landlord. (4c) feet by twelve Tenant shall comply with the provisions of Sections 9 and 10 of the lease; provided, however, unless Tenant elects to remove the Generator (12in which event the provisions of subsections 33(d), (e) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location (f) shall apply), the Generator shall remain on the Lot mutually agreeable Property and become the property of Landlord without payment by Landlord upon the expiration or earlier termination of the lease. (d) In the event Tenant elects to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance of remove the Generator, at Tenant’s sole cost least 3 business days prior to removal, Tenant shall notify Landlord of the date and expensetime of the removal. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for remove the Generator shall be measured by a separate meter to be installed by and paid for by only if Landlord is present with Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant time of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, removal thereof. (e) Tenant shall maintain the Generator in a safe, good and orderly condition in strict accordance with manufacturers' instructions and recommendations and the Generator Specifications. Tenant shall maintain in good condition and repair parking bollards around the Generator, painting them to match existing bollards. The maintenance, repair and, if Tenant so elects, removal of the Generator and the bollards shall be performed, at Tenant's sole expense, in a manner which will not be used for impair the benefit integrity of, damage or adversely affect the warranty applicable to, any portion of persons or entities other than Tenant or the Property. (f) not constitute a violation In the event Tenant elects to remove the Generator, Tenant shall remove the Generator and the bollards and repair any resulting damage, including without limitation, damage to concreted areas and landscaping. In such event, if Tenant has modified the electrical connections between the transformer serving the Property and the electrical room of any applicable lawsthe Property or in the event Tenant has modified the electrical metering to the Premises, ordinances, rules, orders or regulations Tenant shall restore the connection between the transformer and the electrical room and the electrical metering to the same condition as existed prior to installation of any Federal, State, county and municipal authorities having jurisdiction thereoverthe Generator. Tenant shall retain ownership comply with all Laws and Requirements in connection with the removal of the Generator following and the expiration bollards and shall deliver to Landlord copies of all required permits and approvals in connection with such removal. (g) Tenant's indemnification of Landlord pursuant to Section 15 of the Term lease also applies to the Generator and Tenant's use of any portion of the Property therefor. Without limiting the foregoing, Tenant solely shall be responsible for any damage or earlier injury caused by or in any way relating to the Generator, including, but not limited to, damage or injury to persons or property, including the Property, caused by reason of any leaking of fuel therefrom. The obligations of Tenant hereunder shall survive the termination of this the Lease.

Appears in 1 contract

Sources: Lease Agreement (Neose Technologies Inc)

Generator. Tenant is hereby granted Subtenant has informed Sublandlord that Subtenant wishes to use the right, subject to all applicable laws and the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the existing 1 megawatt emergency backup generator (the “Generator”) which is currently in place on a concrete pad that will not exceed four (4) feet by twelve (12) feet adjacent to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant 331 Building (the “PadGenerator Area”). Sublandlord agrees that Subtenant shall be entitled to use and operate the Generator to provide emergency backup power to the Premises, so long as Subtenant obtains its own permits to use and operate the Generator (releasing Sublandlord from any liability with respect to the Generator) and complies with the terms of this Section 6.2. Subject to Section 8, the Generator will be delivered to Subtenant in good working condition and from and after such delivery, Sublandlord shall have no right to use and operate the Generator. Subtenant and its authorized personnel shall further have the right to access the Generator Area for purposes of testing, maintaining, refueling, replacing, repairing and operating the Generator, subject to force majeure and in compliance with any applicable Master Landlord rules and regulations. Subtenant shall maintain and operate the Generator in compliance with all applicable federal, state and local laws, rules and regulations, including, without limitation, applicable zoning restrictions, City and County requirements and regulations of any governing air quality or environmental management district, and obtaining and maintaining at Subtenant’s sole cost and expense all permits, certificates or other authorizations required for operation of the Generator. Subtenant shall be solely responsible to ensure that the Generator is operated in compliance with applicable laws, rules and regulations and the terms of the Master Lease and any governing CC&Rs, and to ensure that the Generator does not interfere with the business operations or quiet enjoyment of other tenants or occupants of the Center. Without limiting the indemnity set forth in Section 11.2 below, Subtenant hereby indemnifies, defends and holds Sublandlord harmless from and against any claims, suits, judgments, losses, costs, obligations, damages, expenses, interest, liabilities or h▇▇▇▇ (collectively, “Claims”) caused by or resulting from Subtenant’s use and for the installation, operation and maintenance of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generatorprovided, the Padthat, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval Subtenant shall not be unreasonably withheldobligated to indemnify Sublandlord for Claims to the extent caused by or resulting from the negligence or willful misconduct of Sublandlord. Immediately prior to the Expiration Date, conditioned or delayedpromptly following Subtenant’s request, (e) not be used for the benefit Sublandlord agrees to execute a quit claim b▇▇▇ of persons or entities other than Tenant or (f) not constitute a violation of sale in form and substance reasonably acceptable to Sublandlord transferring any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of interest Sublandlord has in the Generator following to Subtenant, without warranty. Other than pursuant to such b▇▇▇ of sale, or as may be requested by Master Landlord with respect to Master Landlord’s interest therein under the Master Lease (including, without limitation, Section 11.2 thereof), Sublandlord shall not transfer, sell or convey the Generator to any party or permit any lien or encumbrance on the Generator. Unless otherwise required by the Master Landlord in accordance with the Master Lease, Subtenant shall remove the Generator upon expiration of the Term or earlier termination of this LeaseSublease and repair any damage caused by such removal. If required by the terms of applicable laws, rules or regulations, Subtenant will obtain at its cost and deliver to Sublandlord a copy of any closure or similar report issued by any governmental authority with respect to Subtenant’s cessation of use and removal of the Generator.

Appears in 1 contract

Sources: Sub Sublease (Assembly Biosciences, Inc.)

Generator. Landlord grants to Tenant is hereby granted the rightright to install and maintain an emergency electricity generator (hereinafter referred to as the "EG") to serve Tenant, in accordance with the following: (i) Tenant shall bear all costs of installation of the EG, and all other related equipment; (ii) Landlord shall designate the actual location of the EG, which shall be reasonably acceptable to Tenant; (iii) Tenant shall provide Landlord with plans and specifications for the EG and related equipment, which shall be subject to Landlord's approval which shall not be unreasonably withheld or delayed; (iv) Tenant shall secure all applicable laws necessary building and the requirements operating permits, shall provide copies of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable same to Landlord and Tenant (the “Pad”) shall comply with all Laws with respect thereto and shall provide Landlord copies of all applications for permits, including all specifications and drawings required for the installation, operation and maintenance securing of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it said permits; (v) installation shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured performed by a separate meter to be installed contractors approved by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and locationLandlord, which approval shall not be unreasonably withheld, conditioned withheld or delayed, and treated as an Alteration of a structural component; (evi) not be used for any damage to the benefit of persons Project caused by such installation or entities other than Tenant by the operation or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership existence of the Generator following EG shall be repaired by Tenant immediately; (vii) at the expiration of the Term or earlier termination of this LeaseLease by expiration of time or otherwise, at the request of Landlord, Tenant, at its sole cost and expense, shall remove the EG and all related equipment and shall restore the area of the Project to its condition prior to installation, provided that absent such request, the EG shall not be removed and shall become the property of Landlord; (viii) all restoration and repair hereby required to be performed by Tenant shall be completed under the supervision of a representative of Landlord at such time and in such manner as is satisfactory to Landlord; (ix) Tenant shall maintain property insurance, primary to any insurance maintained by Landlord with respect to the EG in a form reasonably satisfactory to Landlord, and Landlord shall have no obligation to repair or replace the EG in the event of any casualty or in the event of condemnation; and (x) neither Overlandlord nor Landlord, nor their officers, lenders, directors, shareholders, partners, agents or employees shall be liable or responsible to Tenant for any loss or damage to the EG or any to any other person relating to the operation, or installation of the EG occasioned by any act or occurrence whatsoever. Tenant hereby indemnifies and agrees to hold Landlord, Overlandlord and their affiliates and their respective officers, lenders, directors, shareholders, partners, agents, or employees harmless from and against any liability, claim cost or expense of any nature, including reasonable fees of counsel and litigation expenses arising out of or in connection with the installation, operation, existence, or removal of the EG, provided however Tenant shall in no event be liable for consequential, indirect or punitive damages of any kind, regardless of the legal theory upon which such claim may be based. Notwithstanding the foregoing, Tenant shall have no obligation to indemnify Landlord, Overlandlord or their respective affiliated entities, agents, officers, directors, partners, successors and assigns, to the extent the liability against which any such party is claiming indemnification is caused by the breach of this Lease by, or the misconduct or negligence of such party or its respective affiliated entities, agents, officers, directors, partners, successors, assigns, employees, contractors or invitees. With respect to the EG, Tenant hereby waives any and all damages, save and except the actual cost of property damage including, but not limited to, punitive or consequential damages, with respect to any such act or negligence of Landlord, its agents, employees or contractors.

Appears in 1 contract

Sources: Lease Agreement (Praxair Inc)

Generator. Tenant is hereby granted the right, subject to all applicable laws and the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) on a concrete pad Landlord acknowledges that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance of the GeneratorTenant, at Tenant’s its sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity may install an emergency generator outside of the Building, (d) the exact size and location of which to be approved in writing by Landlord as subject to material and locationLandlord’s prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant, (e) at its sole cost, shall be responsible for obtaining any governmental approvals necessary with respect to the installation and operation of the generator. Landlord shall have no obligation to perform any maintenance or repairs with respect to the generator, the cost of which shall be borne solely by Tenant. The generator shall be properly screened to Landlord’s reasonable satisfaction. Tenant, at its sole cost and expense, shall promptly repair any and all damage to the rooftop or to any other part of the Building caused by the installation, maintenance and repair, operation or removal of the generator. Tenant’s indemnity under Article 23 shall apply with respect to the installation, maintenance, operations, presence or removal of the generator by Tenant. At the end of the Term, at Landlord’s option, Tenant shall remove the generator and restore the affected areas to the condition existing prior to installation. Notwithstanding anything contained herein to the contrary, Landlord makes no representation as to the availability of space at the Building or the Real Property for installation of a generator by Tenant. EACH PARTY AGREES that it will not raise or assert as a defense to any obligation under this Lease, or make any claim that this Lease is invalid or unenforceable, due to any failure of this document to comply with ministerial requirements, including requirements for corporate seals, attestations, witnesses, notarizations or other similar requirements, and each party hereby waives the right to assert any such defense or make any claim of invalidity or unenforceability due to any of the foregoing. This Lease may be used executed in multiple counterparts, each of which, when assembled to include an original signature for the benefit of persons or entities other than Tenant or (f) not each party contemplated to sign this Lease, will constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county complete and municipal authorities having jurisdiction thereoverfully executed original. All such fully executed counterparts will collectively constitute a single Lease agreement. Tenant expressly agrees that if the signature of Landlord and/or Tenant on this Lease is not an original, but is a digital, mechanical or electronic reproduction (such as, but not limited to, a photocopy, fax, e-mail, PDF, Adobe image, JPEG, telegram, telex or telecopy), then such digital, mechanical or electronic reproduction shall retain ownership be as enforceable, valid and binding as, and the legal equivalent to, an authentic and traditional ink-on-paper original wet signature penned manually by its signatory. THE PARTIES to this Lease have executed and delivered this Lease as of the Generator following the expiration date set forth above. LANDLORD: TENANT: By: M▇▇▇-▇▇▇▇ Realty, L.P., sole member By: M▇▇▇-▇▇▇▇ Realty Corporation, general partner By: /s/ D▇▇▇▇ ▇. ▇▇▇▇▇▇ By: /s/ K▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇ D▇▇▇▇ ▇. ▇▇▇▇▇▇ K▇▇▇▇▇▇ ▇. Berlin Senior Vice President of the Term or earlier termination of this Lease.Leasing CEO

Appears in 1 contract

Sources: Lease Agreement (Rosetta Genomics Ltd.)

Generator. Tenant is hereby granted may install, operate, and maintain generators reasonably necessary for Tenant's business operations in the right, subject to all applicable laws and the requirements of this Section 27 to install one (1) Premises for emergency back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator purposes (the “Generator”"GENERATOR", which defined term shall also refer to all related equipment) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on at a location on the Lot mutually agreeable Building grounds acceptable to Landlord and Tenant (the “Pad”) and for Landlord, provided that the installation, maintenance, use, and operation thereof complies with all Laws and maintenance architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the "LEGAL REQUIREMENTS"), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Before beginning the installation of the Generator, at Tenant’s sole cost Tenant shall deliver to Landlord final plans and expensespecifications therefor prepared by an engineer reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Tenant acknowledges Landlord's approval of any such plans and agrees specifications shall not constitute a representation or warranty by Landlord that it such plans and specifications comply with the Legal Requirements; such compliance shall be solely responsible for all costs to be incurred for the installation sole responsibility of any natural gas line to service Generator (the “Generator Gas Line”)Tenant. The gas usage for the Generator shall be measured by installed and screened in a separate meter manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be installed by unreasonably withheld, delayed or conditioned. Upon approval of the plans and paid for by specifications therefor and the size and location thereof, Tenant and to be billed directly to Tenant. The Generator, the Pad, may install the Generator Gas Line provided that such work is performed in a good and their workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, locationuse, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunicationmaintenance, mechanical operation, or other systems at removal of the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant Generator and, upon its removal, restore the portion of the Building or Project), (b) not unreasonably interfere with grounds where it was located to its condition immediately before the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than installation thereof. If Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Lease.fails

Appears in 1 contract

Sources: Commercial Lease Agreement (Advance Paradigm Inc)

Generator. Tenant may install, operate, and maintain one generator (provided any above-ground fuel tank associated therewith, together with such generator, is hereby granted a single, self-contained, double-wall fuel tank unit and provided such generator is equipped with a critical silence muffler) along with all conduit and connections necessary to the right, subject to all applicable laws Building and Premises (at locations approved in advance by Landlord) reasonably necessary for Tenant’s business operations in the requirements of this Section 27 to install one (1) Premises for emergency back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator purposes (the “Generator”, which defined term shall also refer to any associated above-ground fuel tank and all related equipment) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a at the location on the Lot mutually agreeable Building grounds described in EXHIBIT N attached hereto or another location acceptable to Landlord Landlord, provided that the installation, maintenance, use, and Tenant operation thereof complies with all laws and architectural guidelines in effect for the area in which the Building is located as they may be amended from time to time (the “PadLegal Requirements), and Tenant receives all approvals, consents, and permits required under the Legal Requirements before the installation, maintenance, use, and operation thereof. Landlord agrees to reasonably cooperate (at no cost to Landlord) with Tenant in securing any approvals, consents and permits required for the installation, maintenance, use and operation and maintenance of the Generator. To the extent that any permits or registrations are required for the installation or operation of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it they shall be solely responsible for all costs to be incurred for obtained in Tenant's name. Before beginning the installation of the Generator, Tenant shall deliver to Landlord final plans and specifications therefor prepared by a registered professional engineer in the State of Texas reasonably approved by Landlord and setting forth in detail the design, location, size, and method of installation (including, without limitation, separation walls and ventilation system) for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all Legal Requirements have been satisfied. Landlord's approval of any natural gas line to service Generator (such plans and specifications shall not constitute a representation or warranty by Landlord that such plans and specifications comply with the “Generator Gas Line”)Legal Requirements; such compliance shall be the sole responsibility of Tenant. The gas usage for Generator shall be installed and screened in a manner reasonably acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator model, size and weight shall be subject in all respects to Landlord's prior written approval, not to be unreasonably withheld. Upon approval of the plans and specifications therefor and the size and location thereof, Tenant may install the Generator provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all Legal Requirements and the plans and specifications therefor and in a manner so as not to damage the Building or materially interfere with the use of any portion of the Building while such installation is taking place; thereafter, Tenant shall use, maintain, and operate the Generator in a good, clean, and safe condition and in accordance with all Legal Requirements. Tenant shall repair all damage caused by the installation, use, maintenance, or operation of the Generator. If Tenant fails to do so within 30 days after Landlord’s request, Landlord may perform such work and Tenant shall pay to Landlord all reasonable costs incurred in connection therewith within 30 days after Landlord’s written request therefor. Upon the earlier of the end of the Term or after Tenant’s right to possess the Premises has been terminated, Tenant shall remove the Generator if requested to do so by Landlord and repair all damage caused by such removal and restore the portion of the Building grounds where it was located to its condition immediately before the installation thereof. If Tenant fails to do so within 30 days after Landlord’s request therefor, Landlord may perform such work and Tenant shall pay to Landlord all reasonable costs incurred in connection therewith within 30 days after Landlord’s written request therefor or Landlord may deem the Generator abandoned by Tenant and use such Generator without compensation to Tenant. Tenant shall properly fuel and immediately remove from the area surrounding the Generator any spills or other leaks of fluid from the Generator. Additionally, Tenant shall ensure that the Generator is properly exhausted at all times so no odors emanate therefrom. The Generator shall be installed, used, maintained, operated, and removed at Tenant's risk and expense and Tenant shall maintain insurance in respect thereof reasonably satisfactory to Landlord, listing Landlord and the Building manager, as additional insureds. All testing of the Generator shall be measured by a separate meter performed after normal business hours and must be coordinated with Landlord. It is the intention of the parties that Tenant bear all risks relating to be installed by the installation, use, maintenance, operation and paid for by removal of the Generator; therefore, Tenant shall defend, indemnify and hold harmless Landlord, its agents and their respective affiliates from all losses, claims, costs and liabilities arising in connection with or relating to be billed directly to Tenantthe installation, maintenance, use, operation and removal of the Generator, including, without limitation, that arising from Landlord's negligence (other than its sole or gross negligence). The Generatorterm “affiliate” shall mean any person or entity which, the Paddirectly or indirectly, the Generator Gas Line and their installationcontrols, locationis controlled by, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere is under common control with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved party in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Leasequestion.

Appears in 1 contract

Sources: Lease Agreement (ReachLocal Inc)

Generator. Tenant is hereby granted Landlord shall, as part of the right, subject Work (as defined in Exhibit C attached hereto and made part hereof) perform the work necessary to all applicable laws and connect the requirements of this Section 27 equipment located in Tenant’s IT Room to install one (1) the back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for servicing the operation of the generator Building (the “Generator”) on ). In no event shall the Tenant’s IT equipment place a concrete pad that will load of greater than 11 KW upon the Generator. The Generator shall be in good operating condition during the Term of the Lease and any extension thereof. Except as otherwise set forth herein, Landlord is under no obligation to perform any work or provide any materials to prepare the Generator for Tenant. Tenant shall not exceed four (4) feet make any alterations, improvements or additions to the Generator. Landlord shall maintain and repair the Generator. Notwithstanding anything contained in this Lease to the contrary, Landlord shall not be liable, under any circumstances, except to the extent arising from the gross negligence or willful misconduct of Landlord, its agents, servants or invitees, for loss of or injury to Tenant or to Tenant’s property, however occurring, through or in connection with or incidental to the operation or use of the Generator, but in no event for any inter­rup­tion to Tenant’s business, however occurring. Tenant shall pay Landlord, Tenant’s pro-rata share of all costs incurred by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation repair and maintenance of the Generator, at as well as Tenant’s pro-rata share of the cost to provide fuel to the Generator. Such costs shall be due and payable as Additional Rent upon Landlord’s demand therefore. For purposes hereof Tenant’s pro-rata share shall be deemed to be .88 % (Tenant’s KW/1250 KW). Tenant shall have the right, subject to Landlord’s prior written approval to increase it’s load upon the back-up generator, but in no event more than 22 KW, such increase being subject to the availability of such additional KWs. Landlord reserves the right to refuse any proposed KW load increase by Tenant in the event that Landlord shall determine, in its sole discretion, that such increase will impair any emergency or life safety equipment in the Building. Landlord shall maintain the Generator and related equipment and perform Building standard testing with respect thereto. Building standard testing shall consist of running the Generator under no-load conditions monthly and performing an annual “pull-the-plug” test. The cost of such maintenance and testing shall be billed to Tenant in accordance with the immediately preceding paragraph. If Tenant requires additional testing of the Generator after the Commencement Date, all costs of same, (i.e. incremental costs of labor, materials, and fuel) shall be solely borne by Tenant as a direct expense. Tenant acknowledges and agrees that it has the right to run or cause Landlord to run the Generator during any utility failure or other emergency. If Landlord decides not to run the Generator during said periods, Tenant shall be solely responsible reimburse Landlord, within thirty (30) days of billing, for all of the costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for run the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Leaseduring said periods.

Appears in 1 contract

Sources: Short Form Lease (Cover All Technologies Inc)

Generator. Tenant is hereby granted shall have the right, subject to all applicable laws at its sole cost and the requirements of this Section 27 expense, to install one (1i) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the a backup generator (the “Generator”) on to provide emergency power to the Premises and (ii) a concrete pad that will not exceed four Storage Tank (4as hereinafter defined) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation purpose of storing and maintenance of supplying fuel for the Generator, provided that the following conditions are satisfied: (a) the Generator, generator pads, related utility lines and conduits, and Storage Tank (collectively, the “Generator Facilities”) shall be installed in a specific location (or specific locations, as applicable) as mutually determined by Landlord and Tenant; (b) Tenant shall install the Generator Facilities in accordance with all applicable Laws and in accordance with plans approved by Landlord in writing; (c) all work in connection with the installation of the Generator Facilities shall comply with the Lease Requirements; (d) Tenant shall be responsible for the maintenance and repair of the Generator Facilities such that the same remain in good working order and repair, including normal periodic testing of the Generator as recommended by the manufacturer specifications; (e) at the end of the Term, the Generator Facilities (other than any Storage Tanks) shall remain with the Premises (and become the property of Landlord) unless Tenant elects to remove such Generator Facilities prior to or at the expiration or termination of this Lease, in which case Tenant shall remove the Generator Facilities in a good and workmanlike manner and shall promptly repair any damage resulting from such removal and restore the area(s) where the Generator Facilities are located to the condition which existed prior to the installation of the Generator Facilities; (f) the Generator Facilities shall be screened in a manner that is reasonably satisfactory to Landlord at Tenant’s cost; (g) Tenant shall be responsible for any and all utility costs in connection with the Generator Facilities; (h) Tenant shall maintain all Permits required by applicable governmental authorities in connection with the installation and operation of the Generator Facilities and deliver copies of such Permits to Landlord; (i) the Generator shall be used only for backup power, and may not be used as a primary power source; (j) Tenant may not install any other Storage Tanks on the Premises except with the prior written consent of Landlord; (k) if Tenant installs any Storage Tanks on the Premises, then Tenant shall, at its sole cost and expense, remove any such Storage Tanks immediately upon earlier of: (I) the expiration or sooner termination of this Lease (except if and to the extent that Landlord, prior to the expiration or sooner termination of this Lease, notifies Tenant that Tenant shall not be required to remove any such Storage Tanks); or (II) the order of any governmental authority; and (l) in any event, any such Storage Tanks shall at all times be and remain the property and responsibility of Tenant. Tenant’s indemnification of Landlord pursuant to Sections 8(d) and 10(d) of this Lease also applies to fuel storage as permitted in the Storage Tank and Tenant’s use of any portion of the Premises therefor. Without limiting the foregoing, Tenant acknowledges and agrees that it shall be solely responsible for all costs any damages or injury caused by or in any way relating to be incurred for the installation fuel, fuel storage and/or any fuel spill arising out of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant ’s use of the Building or Project), (b) not unreasonably interfere with Premises for fuel storage and/or the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as Storage Tank. Tenant’s obligations pursuant to material and location, which approval this Section 32 shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following survive the expiration of the Term or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (QuantumScape Corp)

Generator. a. Landlord has agreed to sell to Tenant is hereby granted the right, subject to all applicable laws and [***] generator located at the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator 1010 ▇▇▇▇▇▇▇▇ Premises (the “Generator”) on for a concrete pad that will not exceed four price of One Hundred Dollars and No/100 (4$100.00) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “PadGenerator Fee) and for ). Such sale shall be effectuated by Tenant’s delivery to Landlord of notice that it is ready to begin removing the installationGenerator along with the Generator Fee. Promptly following Landlord’s receipt of such notice from Tenant, operation and maintenance Landlord shall deliver to Tenant of the Generator▇▇▇▇ of Sale attached hereto as Exhibit A. The parties acknowledge and agree that the Generator is not a fixture and must be fully removed by Tenant not later than September 30, at Tenant’s sole cost and expense2017. Tenant acknowledges and agrees that it shall be solely responsible for all restoration costs including the costs of disassembly of the Generator and all associated above ground or underground storage tanks and the removal of the Generator from the Industrial Center. All such disassembly and removal shall be in compliance with all applicable governmental laws, ordinances and regulations related to the Generator, including but not limited to any Bay Area Air Quality Management District permits and other permits. Prior to the commencement of any work on the Generator or associated above ground or underground storage tanks Tenant shall provide Landlord with a detailed work plan, to be incurred for approved in Landlord’s reasonable discretion prior to the installation commencement of any natural gas line to service Generator work. Notwithstanding the foregoing, at Landlord’s request made within three (3) business days after receipt of Tenant’s notice under this paragraph, Landlord may designate the [***] generator located at the 940 ▇▇▇▇▇▇▇▇ Premises as the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter Generator” to be installed sold and transferred to Tenant hereunder. b. Except to the extent caused by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical gross active or other systems at the Building gross passive negligence or Project (whether belonging to or utilized by willful misconduct of Landlord or any other tenant Landlord Entity, Tenant shall protect, defend, indemnify, and hold Landlord and Landlord Entities harmless from and against any and all loss, claims, liability, or occupant costs (including court costs and reasonable attorneys’ fees) incurred in connection with the disassembly and removal of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this LeaseGenerator.

Appears in 1 contract

Sources: Lease Amendment Agreement (Pacific Biosciences of California, Inc.)

Generator. For so long as Tenant is hereby granted has a right to possession of the rightPremises, Tenant shall have use of the existing Generator on the Premises subject to all applicable laws and the requirements terms of this Section 27 article. Landlord makes no representations or warranties of any kind, INCLUDING WARRANTIES OF FITNESS OF PURPOSE, as to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord Generator and Tenant (the accepts same in Pad”) and for the installation, operation and maintenance of the Generatoras-is” condition. Tenant, at Tenant’s its sole cost and expense. Tenant acknowledges and agrees that it , shall be solely responsible for comply with all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations regulations, and requirements (and obtain all permits) of any Federal, State, county all governmental and municipal quasi-governmental authorities having jurisdiction thereoverin any manner affecting or relating to the Building (the “Codes”) and also with all requirements or recommendations of Landlord’s insurer, lender, or both to the extent that compliance with these requirements arises out of Tenant’s repair, maintenance, or operation of the Generator (including, without limitation, installation of wiring, cabling, fuse boxes, transformers, and all other ancillary equipment). Landlord shall have no responsibility or liability for the conduct or safety of any of Tenant’s representatives, or repair, maintenance, and engineering personnel while in any part of the Building Project; it being understood and agreed that Tenant shall be solely liable for any injury to or death of any such person from any cause other than the gross negligence or willful misconduct of Landlord. Tenant shall retain ownership give Landlord prompt written notice of any accident to any equipment or apparatus belonging to Landlord. Landlord shall not be liable for any latent defect or change or modification in the Building Project or Generator site, nor for any damage to property or persons caused by any overflow or leakage of water, steam, gas, electricity, or any other substance from any other source whatsoever except for such damage caused by the gross negligence or willful misconduct of Landlord. Landlord shall not be liable to Tenant for any stoppages or shortages of electrical power furnished to the Generator because of any act, omission, or requirement of any electrical utility provider, or the act or omission of any other tenant or licensee of the Generator following Building Project, or for any other cause beyond the expiration control of Landlord. Tenant shall promptly repair, at its sole expense, all damage to the area and to any other part of the Term Building Project caused by or earlier termination resulting from the installation, maintenance, repair, operation of this Leasethe Generator. The Generator shall at all times remain the property of Landlord and shall not be removed by Tenant.

Appears in 1 contract

Sources: Lease (Health Benefits Direct Corp)

Generator. Tenant is hereby granted Subject to compliance with all recorded covenants, conditions, and restrictions, the rightprovisions of all ground or underlying leases, subject to now or hereafter affecting the Project and all applicable laws Laws and the requirements provisions of this Section 27 2, Landlord shall permit Tenant to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance of the Generatormaintain, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs , a generator intended to be incurred for supply back-up electricity to the installation of any natural gas line to service Generator Premises (the “Generator Gas LineGenerator”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for used by Tenant only during (i) testing and regular maintenance (and all testing shall occur outside of business hours and upon a minimum of 48 hours advance notice to be billed directly Landlord’s property manager so as not to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or disrupt other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant tenants of the Building or Project), or (bii) any period of electrical power outage in the Premises. Tenant shall submit the specifications for design, operation, installation and maintenance of the Generator (and in no event shall the specifications include any below ground fuel storage tanks) for Landlord’s consent, which consent shall not be unreasonably withheld or delayed and may be conditioned on Tenant complying with such reasonable requirements imposed by Landlord, based on the advice of Landlord’s structural and mechanical engineers, so that the Building’s systems are not adversely affected, and Tenant shall reimburse Landlord for all out-of-pocket costs incurred by Landlord in connection with Landlord’s review and consent to such specifications. In addition, Tenant shall ensure that the Generator does not result in any Hazardous Materials being introduced to the Project. Further, Tenant shall be responsible for ensuring that the Generator does not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved Project or Building by other tenants. In the event another tenant of the Project or of a neighboring project complains in writing of problems caused by Landlord the Generator (including noise and/or exhaust complaints), Tenant shall take whatever steps are reasonably necessary to remedy the problem complained of, including removal of the Generator if another solution is not available. Tenant shall ensure that the design and installation of the Generator is performed in a manner so as to material minimize or eliminate any noise or vibration caused by the Generator. Any repairs and locationmaintenance of the Generator shall be the sole responsibility of Tenant and Landlord makes no representation or warranty with respect to the Generator. If Tenant is so notified by Landlord, Tenant shall, at Tenant’s sole cost and expense, remove the Generator upon the expiration or earlier termination of the Lease and repair all damage to the Project resulting from such removal. For purposes of the Lease, the Generator and the Generator Area shall be deemed part of the Premises, except for the casualty and condemnation provisions of this Lease and for determining Base Rent and Tenant’s Cost Allocation. Tenant shall be responsible for and shall pay all costs of the Generator, including without limitation any costs arising from any Claims by and third party in connection with Tenant’s use of the Generator and the Generator Area. In connection with Tenant’s use of the Generator, Tenant shall, at Tenant’s sole cost and expense, obtain and maintain (i) boiler and machinery insurance coverage, written on a cause of loss – special form (“all risks”) basis, for 100% of the replacement cost value new, without deduction for depreciation, of the Generator and in amounts that meet any co-insurance clauses of the policies of insurance, and (b) pollution legal liability insurance with a limit of not less than One Million Dollars ($1,000,000) per occurrence and in the aggregate, and Tenant acknowledges and agrees that the provisions of this Lease pertaining to insurance and the waiver of subrogation shall apply with respect to such insurance. Tenant’s choice of contractor(s) and subcontractor(s) associated with the Generator shall be subject to Landlord’s prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed. The Generator shall be installed and/or constructed in accordance with the plans and specifications approved by Landlord and shall be performed and completed in compliance with all Laws, free of liens and without any claims for unpaid bills for material, labor or supplies. Landlord’s review of any plans and specifications as set forth in this Section shall be for its sole purpose and shall not imply Landlord’s review of the same, or obligate Landlord to review the same, for quality, design, compliance with Law or other like matters (e) accordingly, notwithstanding that any plans and specifications are reviewed by Landlord or its space planner, architect, engineers and consultants, and notwithstanding any advice or assistance that may be rendered to Tenant by Landlord or Landlord’s space planner, architect, engineers and consultants, Landlord shall have no liability whatsoever in connection therewith and shall not be used responsible for the benefit of persons any omissions or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county errors contained in such plans and municipal authorities having jurisdiction thereoverspecifications). Tenant shall retain ownership carry “Builder’s All Risk” insurance in a commercially reasonable amount covering the installation and/or construction of the Generator, it being understood and agreed that the Generator shall be insured by Tenant immediately upon completion thereof. Tenant’s contractor(s) and subcontractor(s) shall be licensed and carry worker’s compensation insurance covering all of their respective employees, and shall also carry commercial general liability insurance, including property damage, all with commercially reasonable limits in form and with companies as are reasonably approved by Landlord. Tenant’s contractor(s) and subcontractor(s) shall submit to Landlord a Certificate of Insurance naming Landlord, Landlord’s property management company and any other parties designated by Landlord as additional insureds. Tenant shall furnish to Landlord executed permits, evidence reasonably satisfactory to Landlord of final inspections of the Generator following of all governmental agencies having jurisdiction over the expiration Premises, and such invoices, certifications, affidavits, lien releases, and other documentation as Landlord may reasonably request, to be assured, to Landlord’s reasonable satisfaction, that the Generator has been installed and/or constructed in compliance with Laws and in accordance with the plans and specifications approved by Landlord and have been paid for by Tenant. Tenant hereby acknowledges that Tenant may be performing the installation and/or construction of the Term Generator work during the Term, and Tenant shall not be entitled to any abatement or earlier termination reduction of Rent in connection with such work, nor shall any such work be deemed an eviction, actual or constructive, of Tenant. In the event Tenant elects to construct or install the Generator, Tenant shall prosecute such construction or installation continuously and diligently to completion as soon as reasonably possible. The rights granted under this LeaseSection are personal to the Named Tenant and shall not be applicable to any other Tenant, assignee, subtenant or other transferee or successor.

Appears in 1 contract

Sources: Office Lease (iPic Entertainment Inc.)

Generator. Tenant is hereby granted the right, subject to all applicable laws and the requirements of this Section 27 to may install one generator and one generator house (1) not to exceed 800 contiguous useable square feet of ground area and 15 feet in height), reasonably necessary for Tenant's business operations in the Premises for emergency back-up gas fired generator purposes (the "GENERATOR", which defined term shall also refer to all related equipment, including but not limited to, one above-ground diesel fuel tank with a capacity of not more up to 2,000 gallons) and certain conduit (no greater than 130 KV 6" in capacity, together with appurtenances diameter) and wiring as necessary for wires to run within the operation said conduit to connect the Generator to Tenant's telecommunications equipment in the Building (the "GENERATOR CONDUIT"). The location of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to Generator and Generator Conduit shall be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location as depicted on the Lot mutually agreeable Building Plot Plan (as defined in Exhibit A-1 hereto) attached hereto or as otherwise acceptable to Landlord and Tenant (or at some other location within the “Pad”) immediate vicinity should a change in location be necessary due to governmental requirements or industry standards, provided that the installation, maintenance, repair, use and operation thereof complies with all governmental requirements and industry standards, and Tenant receives all approvals, consents, and permits required before the installation, maintenance, repair, use, and operation thereof. With respect to the Generator and the Generator Conduit, Tenant shall be responsible for all installations, conducting all tests, maintenance and repairs, and for the installationuse and operation of same, operation and maintenance of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for paying all costs to be incurred for and expenses in connection therewith. Before beginning the installation of the Generator and Generator Conduit, Tenant shall deliver to Landlord final plans and specifications therefor prepared by an engineer approved by Landlord and setting forth in detail the design, location, size, and method of installation for Landlord's review and approval, together with evidence reasonably satisfactory to Landlord that all governmental requirements and industry standards have been satisfied. Landlord's approval shall not constitute a representation or warranty by Landlord that such plans and specifications comply with any natural gas line to service Generator (governmental requirements or industry standards; such compliance shall be the “Generator Gas Line”)sole responsibility of Tenant. The gas usage for Generator shall be installed and screened in a manner acceptable to Landlord, and no underground storage tanks may be installed or used in connection therewith. Additionally, the generator shall initially be a 750 k.w. model or smaller, the installation of which shall be subject in all respects to Landlord's prior written approval. Upon Landlord's written approval of the plans and specifications therefore and the location thereof, Tenant may install the Generator provided that such work is coordinated with Landlord and is performed in a good and workmanlike manner, in accordance with all governmental requirements and industry standards and the plans and specifications therefor and in a manner so as not to damage the Building or materially interfere with the use of any portion of the Building during normal business hours while such installation is taking place; thereafter, Tenant shall use, maintain, repair and operate the Generator in a good, clean, and safe condition and in accordance with all governmental requirements and industry standards. Tenant shall repair all damage caused by maintenance, repair, operation, or removal of the Generator and Generator Conduit, and, upon its removal, restore the portion of the area where it was located to its condition immediately before the installation thereof in accordance with Section 9 of the Lease. If Tenant fails to do so within thirty (30) days after the expiration date, then Landlord may deem the Generator and Generator Conduit abandoned by Tenant. During the term of this Lease, Tenant shall properly fuel and immediately remove from the area surrounding the Generator any spills or other leaks of fluid from the Generator or otherwise connected therewith and shall otherwise comply with all environmental requirements of all governmental authorities and as reasonably imposed by Landlord. Additionally, Tenant shall ensure that the Generator is properly exhausted at all times so no odors affecting the Building emanate therefrom. The Generator shall be installed, used, maintained, repaired, operated, and removed at Tenant's risk and expense and Tenant shall maintain insurance in respect thereof in accordance with Section 7(c) of the Lease. All testing of the Generator shall be measured by performed after normal business hours and in accordance with a separate meter schedule to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved submitted in advance in writing by Landlord as to material and locationLandlord. IT IS THE INTENTION OF THE PARTIES THAT TENANT BEAR ALL RISKS RELATING TO THE INSTALLATION, which approval shall not be unreasonably withheldUSE, conditioned or delayedMAINTENANCE, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable lawsOPERATION, ordinancesREPAIR, rulesINTERRUPTION, orders or regulations of any FederalAND REMOVAL OF TENANT'S GENERATOR AND THE GENERATOR CONDUIT; THEREFORE, StateTO THE FULLEST EXTENT PERMITTED BY LAW, county and municipal authorities having jurisdiction thereoverTENANT WILL PROTECT, DEFEND, INDEMNIFY AND HOLD FREE AND HARMLESS LANDLORD, THE PROPERTY MANAGER, ALL LENDERS, THEIR RESPECTIVE PARTNERS, AFFILIATES, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES OR EXPENSES, INCLUDING, BUT NOT LIMITED TO, JUDGMENTS, REASONABLE ATTORNEY'S FEES, COURT COSTS INCLUDING THE COST OF APPELLATE PROCEEDINGS, AND DISBURSEMENTS, ARISING OUT OF RESULTING FROM OR IN CONNECTION WITH, OR ALLEGED TO ARISE OUT OF, RESULTING FROM OR IN CONNECTION WITH THE INSTALLATION, MAINTENANCE, REPAIR, USE, OPERATION, INTERRUPTION, AND REMOVAL OF THE GENERATOR AND THE GENERATOR CONDUIT, AND/OR ANY ACT OR OMISSION OF TENANT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY TENANT OR ANYONE FOR WHOSE ACTS TENANT MAY BE LIABLE AS IT RELATES TO THE SCOPE OF THIS SECTION ____. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this LeaseTHIS INDEMNIFICATION SHALL SURVIVE THE EXPIRATION Exhibit G-2 47 OF THE TERM OF THIS LEASE. THIS INDEMNITY IS IN ADDITION TO AND NOT IN SUBSTITUTION OF ANY OTHER INDEMNITY IN THIS LEASE.

Appears in 1 contract

Sources: Office Lease (Lecstar Corp)

Generator. Tenant is hereby granted may install and maintain in the rightRoof Area described in Paragraph 1(a) hereof a generator pad (the "Pad"), subject to all applicable laws as necessary, and the requirements of this Section 27 to install one (1) a back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the "Generator," and together with the Pad, collectively, the "Generator Components") on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by for the use of Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance benefit of the GeneratorPremises during the term of this Lease. In addition to Tenant's satisfaction of the covenants described in Paragraph 1(a), the following conditions shall apply: (i) Landlord shall have reasonably approved Tenant's plans for installation of the Generator Components; (ii) the Generator Components shall be installed at Tenant's sole cost and expense and any damage to the Roof Area or other portions of the Building or Premises resulting from such installation shall be promptly repaired by Tenant, at Tenant’s 's sole cost and expense. Tenant acknowledges ; and agrees that it (iv) all connections of systems in the Premises to the Generator Components shall be solely responsible for all costs accomplished at Tenant's sole cost and expense and in a manner reasonably acceptable to be incurred for the installation of any natural gas line Landlord. Prior to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Lease, Tenant shall remove the Generator Components, unless otherwise agreed to in writing by Landlord, and repair any damage to the Roof Area, Building, or Premises resulting from such removal, all at Tenant's sole cost and expense and in a manner reasonably satisfactory to Landlord. Without limiting the indemnity described in Paragraph 1(a) hereof, Tenant hereby agrees to indemnify, defend and hold Landlord harmless from and against any and all claims made by any person or party and arising out of or in any way connected with the installation, maintenance, removal or failure of the Generator Components. THIS LEASE is effective as of the date first hereinabove written.

Appears in 1 contract

Sources: Lease (Intermune Pharmaceuticals Inc)

Generator. Subject to the provisions hereinafter provided, Tenant is hereby granted shall have the right, subject at no additional charge, to all applicable laws place a dedicated emergency generator and any other equipment, wiring, shaft space, etc. required in connection therewith on the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation roof of the generator (Building or adjacent to the “Generator”) on a concrete pad that will not exceed four (4) feet loading dock as agreed to by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance of the Generatorparties, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it Subject to all applicable laws, Landlord shall install the same as part of Tenant’s Work. The cost of the concrete pad shall be solely responsible for all costs to be incurred for borne by Landlord and the generator and associated equipment, and installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator thereof, shall be measured by a separate meter to be installed by and paid for borne by Tenant and to may be billed directly to Tenantpaid out of the Allowance described in Section 3.1 of this Lease. The Generator, size and the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant precise location of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval installation shall not be unreasonably withheld, conditioned or delayeddelayed by Landlord. All installations shall be in accordance with sound construction practices, (e) and in accordance with applicable law, and in a good and workmanlike manner, and shall not be used for materially interfere with other tenants of the benefit Building or Park or decrease the number of persons or entities other than Tenant or (f) not constitute a violation parking spaces on the Lot. The cost of any applicable lawsenvironmental review of the proposed equipment, ordinancesif reasonably required, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereovershall be at Tenant’s expense. Tenant shall retain ownership be required to maintain the same at its sole cost in accordance with best industry standards, and Landlord’s agent shall, if reasonably practicable, accompany Tenant and/or any agent of Tenant when making necessary repairs to such equipment. Tenant agrees to maintain insurance on such generator, and to name Landlord as an additional insured thereon. Evidence of such insurance shall be provided to Landlord on or prior to the Commencement Date. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all liability or loss arising (except as a result of the Generator following negligence or willful misconduct of Landlord, its agents, employees or contractors) from or out of the use or removal of such generator and related equipment. Upon expiration of the Term Term, Tenant shall be responsible for the removal of the same and for repairing any damage caused therefrom. This Section shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Sublease (Demandware Inc)

Generator. So long as this Lease is in full force and effect, Tenant is hereby granted shall have the right, subject at its sole cost and expense, to all applicable laws erect, install and maintain a generator serving the requirements of this Section 27 to install one Premises, along with (1a) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary conduit within the parking structure for the operation of Building and conduit from such parking structure to the generator Building from such generator, which conduit will be in a location mutually acceptable to Landlord and Tenant and (b) Building roof access rights as provided below (the “Generator”), subject to the following terms and conditions: (a) on a concrete pad that will The type, location, size and shape of the Generator shall be approved by Landlord, which approval shall not exceed four (4) feet by twelve (12) feet be unreasonably delayed, conditioned or withheld, prior to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance Tenant’s installation of the Generator; provided, Landlord approves the location shown on Exhibit K. Tenant shall deliver to Landlord Tenant’s plans and specifications for the installation of the Generator and the surrounding screening for review and approval by Landlord’s engineer not less than thirty (30) days prior to commencing installation of the Generator. Tenant shall reimburse Landlord for all reasonable costs and expenses incurred by Landlord in connection with Landlord or its designated agent’s review and approval of such plans and specifications as well as ensuring Tenant’s compliance with this provision; provided, this sentence shall not apply to the extent that the planning and installation of Generator is approved by Landlord and performed by Tenant as a part of the Tenant Improvements. (b) Tenant shall install the Generator in an aesthetically pleasing manner and exercise all reasonable steps to shield or screen the Generator from public view. In the event that the Generator is located in the parking facilities servicing the Building, any parking space(s) taken by the Generator shall be counted towards the total number of parking spaces allocated to Tenant under this Lease. Tenant shall operate the Generator in compliance with all applicable Laws, including all building and zoning requirements. Tenant shall have the right to reasonable space on the roof of the Building for purposes of installing and maintaining additional HVAC equipment in connection with its Generator, including access to any ductwork from the Building’s roof to the Premises, subject to Landlord’s reasonable approval over location, plans and specifications, and method of installation. Tenant shall also have the right, at Tenant’s sole cost and expense. , to extend natural gas lines to the Building in connection with the use of its Generator, subject to Landlord’s reasonable approval with respect to location and plans and specifications. (c) Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for and expenses associated with the Generator and Tenant shall be measured by a separate meter promptly repair any damage to be installed by and paid for by the Building resulting from the installation, construction, repair, maintenance or removal of the Generator. In the event that Tenant and fails to be billed directly to Tenant. The Generatorproperly install, the Padconstruct, repair, maintain or remove the Generator Gas Line or any damage to the Building resulting from such work, Landlord shall have the right, but not the obligation, to perform such work and their installationTenant shall, locationupon thirty (30) days prior written notice from Landlord, maintenance reimburse Landlord for all costs and operation shall expenses incurred by Landlord to perform such work. (ad) Tenant hereby agrees to indemnify and hold Landlord, its agents, employees, contractors and representatives, harmless from and against any and all cost, claims, damages (including, but not cause limited to, any unreasonable interference with any telecommunication, mechanical or other systems at damage to the Building or Project (whether belonging Landlord’s property), causes of action and liability which may arise by reason of any occurrence attributable to or utilized by Landlord arising out of Tenant’s installation, maintenance, repair, operation or any other tenant or occupant removal of the Building Generator, including without limitation, any claim or Project)cause of action for injury to or death of any person or damage to any property arising therefrom and Tenant agrees to defend any claim or demand against Landlord, its agents or employees arising out of any such occurrence. Tenant shall, upon thirty (b30) not unreasonably interfere with the use days prior written notice from Landlord, reimburse Landlord for all costs and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing expenses incurred by Landlord as a result of Tenant’s operation of the Generator, including damages to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, the Building. (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following Upon the expiration of the Term or earlier termination of this Lease, Tenant shall, at Tenant’s expense, promptly remove the Generator and restore any portion of the Building affected by the Generator to substantially the same condition existing prior to the installation of the Generator, normal wear and tear and casualty damage excepted.

Appears in 1 contract

Sources: Lease Agreement (PBSJ Corp /Fl/)

Generator. Tenant is hereby granted The parties acknowledge that the rightPremises are currently served by a generator and underground storage tank (collectively, subject to all applicable laws and the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to and Tenant shall have the exclusive use of the Generator during the Term of this Lease. The Generator shall be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to property of Landlord and shall remain upon and be surrendered with the Premises at the termination of this Lease without molestation or injury. Landlord makes no representations or warranties as to the condition of the Generator. Tenant’s maintenance and use of the Generator during the Term shall be performed by or on behalf of Tenant (a) at Tenant’s sole risk, cost and expense, (b) in a timely, good and ▇▇▇▇▇▇▇-like manner, (c) using only licensed contractors approved by Landlord, and (d) without interference to Landlord, or other tenants or occupants of Building and Property. Tenant shall bear all costs incurred in the “Pad”exercise of its rights set forth above and shall exercise these rights in full compliance with all applicable federal, state, and local governmental laws, regulations and rules (including without limitation the obtaining of all required permits) or any other requirements reasonably imposed by Landlord or covenants of record encumbering the Property. Tenant shall provide copies of all such required approvals when issued. Tenant shall take all precautionary steps to protect its facilities and for the installationfacilities of Landlord and others affected by performance of work and shall police same properly. Tenant shall replace or restore any disturbance or damage it caused to the Building or Property. Notwithstanding anything to the contrary contained in this Lease, operation Tenant shall fully indemnify Landlord and its mortgagee against all loss or damage of whatever kind or nature, including but not limited to third party claims, arising or in any manner connected with Tenant’s use or maintenance of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership provide Landlord with a maintenance schedule and corresponding work tickets on a quarterly basis, or more frequently at Landlord’s request if Landlord believes that the Generator is not being properly maintained. If Tenant fails to perform any of the services necessary to maintain the Generator following in good and efficient working order and condition, and Tenant fails to correct such deficiency within three (3) days after written notice from Landlord, Landlord shall have the expiration of right to perform such service(s) and Tenant shall reimburse Landlord for the Term or earlier termination of this Leasecosts incurred by Landlord for such services, as additional rent, together with interest at the Default Rate.

Appears in 1 contract

Sources: Lease Agreement (Tessco Technologies Inc)

Generator. A. Tenant is hereby granted shall have the right, subject to all applicable laws and the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation benefit of the use of the existing emergency generator and associated equipment, if any (collectively, the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet for Tenant’s back-up electrical service to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant Premises, along with associated underground diesel fuel tanks (the “PadFuel Tanks”) which may be located at any Buildings or nearby on the Property (the Generator and for the installationFuel Tanks are sometimes collectively, operation the “Redundancy Equipment”). The list of Redundancy Equipment is set forth on Exhibit “E” attached hereto and maintenance made a part hereof. Tenant accepts the Redundancy Equipment in its “as-is” “where-is” condition with all faults. Additionally, upon receipt of written request of Tenant, Landlord grants Tenant the Generatorright, at Tenant’s sole cost and expense. Tenant acknowledges , to install additional generator(s) and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator above ground fuel tank(s) (the “Generator Gas LineAdditional Redundancy Equipment). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause in or around any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the ProjectProperty, (c) subject to obtaining Landlord’s prior written approval, not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned delayed or delayedconditioned, (e) not as to location, plans and specifications and installation procedures. Tenant will comply with the applicable Law and all easements, agreements, covenants, conditions and restrictions of record encumbering the Premises which relate to any such installation, operation, maintenance and repair of the Redundancy Equipment and the Additional Redundancy Equipment. All installations made by Tenant on or about any portion of the Premises pursuant to the provisions of this Section 10 shall be used at the sole risk of Tenant, and neither Landlord, nor any agent or employee of Landlord, shall be responsible or liable for any injury or damage to, or arising out of, the Generator and the Fuel Tanks, except to the extent caused by Landlord’s negligence or willful misconduct. Tenant’s indemnity under Subsection 23.A. shall apply with respect to the installation, maintenance, operations, presence or removal of the Generator and the Fuel Tanks by or on behalf of Tenant. B. Tenant will be responsible for the benefit cost and operation, maintenance, repair, replacement, removal and insuring of persons the Redundancy Equipment and the Additional Redundancy Equipment, if applicable. Landlord shall not charge any additional Rent for the space utilized by the Redundancy Equipment or entities other than Tenant or (f) not constitute a violation of any applicable lawsthe Additional Redundancy Equipment, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereoverif applicable. Tenant shall retain ownership keep and maintain the Redundancy Equipment and Additional Redundancy Equipment in good working order, condition and repair, normal wear and tear excepted. The Generator systems and related equipment shall be maintained and repaired by Tenant in compliance with IEEE Orange Book, Emergency and Standby Power Systems, Chapters 6.7 and 8.5. Tenant shall secure and keep in full force and effect, such supplementary insurance with respect to the Generator and Fuel Tanks as Landlord may reasonably require. Landlord makes no warranties whatsoever as to the permissibility of the Generator following and/or Fuel Tanks under applicable Law or the expiration suitability of any portion of the Term Premises for the installation thereof. Tenant, at its sole cost and expense, shall promptly repair any and all damage to any portion of the Premises caused by the installation, maintenance and repair, operation, replacement or removal of the Generator and/or any Fuel Tanks. C. Upon the Expiration Date or the earlier termination of this Lease, (i) the Generator and the Fuel Tanks will remain with the Buildings, as Landlord’s personal property, in as good working order, condition and repair as of the Commencement Date, normal wear and tear excepted, and (ii) at Tenant’s option, the Additional Redundancy Equipment may either remain with the Buildings, as Landlord’s personal property, in as good working order, condition and repair as of the date of installation during the Term, normal wear and tear excepted, or be removed in accordance with Section 14 of this Lease at Tenant’s sole cost and expense.

Appears in 1 contract

Sources: Absolute Lease Agreement (First Midwest Bancorp Inc)

Generator. Subject to Landlord’s prior written approval of Tenant’s plans, Tenant is hereby granted shall be permitted to install, maintain, replace and operate (collectively, the right, subject to all applicable laws “Generator Installation”) an emergency generator and the requirements of this Section 27 to install one (1) backabove-up gas fired generator of not more than 130 KV in capacityground fuel tank, together with appurtenances all related pipes, wiring, conduits, and wiring as necessary for the operation of the generator related improvements (collectively, the “Generator”) on a concrete pad that will not exceed four (4) feet in an area designated by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (Landlord, in Landlord’s reasonable discretion, the “Pad”) and for the installation, operation installation and maintenance of the Generator, which shall be at Tenant’s sole cost and expense. The Generator Installation shall be performed in compliance with applicable laws. Tenant shall be responsible to obtain all necessary governmental permits (true copies of which are to be provided to Landlord) and association approvals in connection with Generator Installation and operation of the Generator. Tenant hereby acknowledges and agrees that it shall be solely responsible for all costs no odors are permitted to be incurred for the installation emanate as a result of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, Installation or the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project)Generator. Tenant shall only use a licensed contractor, (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) which contractor must be approved in writing by Landlord as prior to material the commencement of the Generator Installation and locationmust obtain insurance coverage in connection with the Generator pursuant to the requirements set forth in this Lease. The Lease specifically prohibits the subjecting of Landlord’s interest in the Premises or the Building to any mechanic’s, which approval materialman’s or laborer’s liens for improvements made by Tenant, and therefore Tenant must deliver to Landlord a lien waiver from all contractors and subcontractors performing the Generator Installation. Tenant hereby acknowledges that the installation, operation, use, maintenance and removal of the Generator shall be at the sole and exclusive risk of Tenant, and Landlord shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of assume any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereoverliability whatsoever in connection therewith. Tenant shall retain ownership and does hereby indemnify, defend and hold harmless Landlord, its partners, principals, and agents from and against all claims, expenses, costs, damages, loss, or other liabilities (including, without limitation, attorneys’ fees of Landlord) arising from or in any way connected with Tenant’s use of the Generator following or the installation, operation, maintenance and removal thereof. Tenant hereby further acknowledges that the Generator shall become the property of Landlord at the expiration of the Term Term, however, Landlord reserves the right to require Tenant, at Tenant’s expense to (i) remove the Generator at the expiration of the Term; and (ii) repair all injury done by or earlier termination in connection with installation or removal of this Leasethe Generator, provided that Landlord gives notice to Tenant no later than thirty (30) days prior to the expiration of the Lease Term.

Appears in 1 contract

Sources: Office Lease (FlexShopper, Inc.)

Generator. Tenant is hereby granted Subtenant has informed Sublandlord that Subtenant wishes to use the right, subject to all applicable laws and the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the existing 1 megawatt emergency backup generator (the “Generator”) which is currently in place on a concrete pad that will not exceed four (4) feet by twelve (12) feet adjacent to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant 331 Building (the “PadGenerator Area”). Sublandlord agrees that Subtenant shall be entitled to use and operate the Generator to provide emergency backup power to the Premises, so long as Subtenant obtains its own permits to use and operate the Generator (releasing Sublandlord from any liability with respect to the Generator) and complies with the terms of this Section 6.2. Subject to Section 8, the Generator will be delivered to Subtenant in good working condition and from and after such delivery, Sublandlord shall have no right to use and operate the Generator. Subtenant and its authorized personnel shall further have the right to access the Generator Area for purposes of testing, maintaining, refueling, replacing, repairing and operating the Generator, subject to force majeure and in compliance with any applicable Master Landlord rules and regulations. Subtenant shall maintain and operate the Generator in compliance with all applicable federal, state and local laws, rules and regulations, including, without limitation, applicable zoning restrictions, City and County requirements and regulations of any governing air quality or environmental management district, and obtaining and maintaining at Subtenant’s sole cost and expense all permits, certificates or other authorizations required for operation of the Generator. Subtenant shall be solely responsible to ensure that the Generator is operated in compliance with applicable laws, rules and regulations and the terms of the Master Lease and any governing CC&Rs, and to ensure that the Generator does not interfere with the business operations or quiet enjoyment of other tenants or occupants of the Center. Without limiting the indemnity set forth in Section 11.2 below, Subtenant hereby indemnifies, defends and holds Sublandlord harmless from and against any claims, suits, judgments, losses, costs, obligations, damages, expenses, interest, liabilities or ▇▇▇▇▇ (collectively, “Claims”) caused by or resulting from Subtenant’s use and for the installation, operation and maintenance of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generatorprovided, the Padthat, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval Subtenant shall not be unreasonably withheldobligated to indemnify Sublandlord for Claims to the extent caused by or resulting from the negligence or willful misconduct of Sublandlord. Immediately prior to the Expiration Date, conditioned or delayedpromptly following Subtenant’s request, (e) not be used for the benefit Sublandlord agrees to execute a quit claim ▇▇▇▇ of persons or entities other than Tenant or (f) not constitute a violation of sale in form and substance reasonably acceptable to Sublandlord transferring any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of interest Sublandlord has in the Generator following to Subtenant, without warranty. Other than pursuant to such ▇▇▇▇ of sale, or as may be requested by Master Landlord with respect to Master Landlord’s interest therein under the Master Lease (including, without limitation, Section 11.2 thereof), Sublandlord shall not transfer, sell or convey the Generator to any party or permit any lien or encumbrance on the Generator. Unless otherwise required by the Master Landlord in accordance with the Master Lease, Subtenant shall remove the Generator upon expiration of the Term or earlier termination of this LeaseSublease and repair any damage caused by such removal. If required by the terms of applicable laws, rules or regulations, Subtenant will obtain at its cost and deliver to Sublandlord a copy of any closure or similar report issued by any governmental authority with respect to Subtenant’s cessation of use and removal of the Generator.

Appears in 1 contract

Sources: Sublease (Prothena Corp PLC)