Generator. Tenant shall have the right (but only to the extent permitted by the City of Menlo Park and all agencies and governmental authorities having jurisdiction thereof), at Tenant’s sole cost and expense, to maintain and operate the currently existing emergency generator, UPS battery systems and related appurtenances (collectively, the “Generator Equipment”) in the location such Generator Equipment is currently located (“Equipment Area”), provided: (a) Tenant shall obtain Landlord’s prior written consent before making any modifications to the Equipment Area. (b) No additional Base Rent shall be paid by Tenant for use of the Equipment Area or Generator Equipment; provided, Tenant shall be solely responsible to pay for all utilities, including without limitation, electricity, used in connection with the Generator Equipment or Equipment Area. (c) The Generator Equipment shall remain the property of Landlord and Tenant shall not remove the Generator Equipment upon the expiration or earlier termination of this Lease. Prior to expiration or earlier termination of this Lease, Landlord may require that Tenant perform, at Tenant’s sole expense, an environmental site assessment reasonably acceptable to Landlord to determine the extent of any contamination and Tenant shall, at Tenant’s sole expense, clean up, remove, and remediate all Hazardous Substances that may have been caused by Tenant’s use of the Generator Equipment. (d) Each of the other provisions of this Lease shall be applicable to the Equipment Area and the use of the Generator Equipment by Tenant, including without limitation, Paragraphs 6, 7 and 8 of the Lease. (e) Anything to the contrary contained herein notwithstanding, if, during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Generator Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Tenant shall immediately cease all operation of the Generator Equipment. (f) Tenant shall not use the Generator Equipment, the Equipment Area or any other portion of the Industrial Center in any way which interferes with the use of the Industrial Center by Landlord, or other tenants or licensees of Landlord or any other occupant. Such interference shall be deemed a material breach by the Tenant under the Lease, and Tenant shall, within five (5) days of written notice from Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, Tenant acknowledges that continuing interference may cause irreparable injury and, Tenant shall immediately cease all operation of the Generator Equipment. (g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord and all of Landlord’s Entities from any and all claims, demands, losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) any of such Landlord’s Entities may suffer or incur arising out of or related to the use, operation and maintenance of the Generator Equipment or any portion thereof by Tenant. (h) Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information required under Applicable Requirements for the use, maintenance and operation of the Generator Equipment, and upon request of Landlord, shall provide a copy of all such reports, records, test results and other information without cost or expense to Landlord. The parties hereto have executed this Lease at the place and on the dates specified below their respective signatures. AMB PROPERTY, L.P., a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After the Commencement Date The Premises Address Prior to the Commencement Date AMB Property, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATION, the authorized officers must sign on behalf of the corporation and indicate the capacity in which they are signing. The Lease must be executed by the chairman of the board, president or vice-president, and the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this Lease.
Appears in 1 contract
Generator. One or more generators will be installed within the Premises as part of the Tenant shall have Fit-Up which includes its (or their) associated engine(s), alternator and alternator control panel, battery and charger system (i.e. what is generally referred to as the right "Uninteruptable Power Supply" or "UPS"), cooling system, exhaust system, fuel pump and day tank (but only all of the said items to be collectively referred to as "the extent permitted by the City of Menlo Park Generator") together with its associated exterior enclosure, concrete pad and all agencies structural supports and governmental authorities having jurisdiction thereofscreening, main fuel tank and fuel delivery system outside the said enclosure, subsystems within the enclosure (such as, but not limited to power panel, lighting, heating, and monitoring equipment), at Tenant’s sole cost and expense, to maintain and operate the currently existing emergency generator, UPS battery systems and related appurtenances (collectively, the “Generator Equipment”) in the location such Generator Equipment is currently located (“Equipment Area”), provided:
(a) Tenant shall obtain Landlord’s prior written consent before making any modifications to the Equipment Area.
(b) No additional Base Rent shall be paid by Tenant for use of the Equipment Area or Generator Equipment; provided, Tenant shall be solely responsible to pay for all utilities, including without limitation, electricity, used in connection with the Generator Equipment or Equipment Area.
(c) The Generator Equipment shall remain the property of Landlord and Tenant shall not remove the Generator Equipment upon the expiration or earlier termination of this Lease. Prior to expiration or earlier termination of this Lease, Landlord may require that Tenant perform, at Tenant’s sole expense, an environmental site assessment reasonably acceptable to Landlord to determine the extent of any contamination and Tenant shall, at Tenant’s sole expense, clean up, removeautomatic transfer switch, and remediate all Hazardous Substances that may have been caused by Tenant’s use of feeder conductors from the Generator Equipment.
(d) Each of generator into the other provisions of this Lease shall be applicable to the Equipment Area and the use of the Generator Equipment by Tenant, including without limitation, Paragraphs 6, 7 and 8 of the Lease.
(e) Anything to the contrary contained herein notwithstanding, if, during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Generator Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Tenant shall immediately cease all operation of the Generator Equipment.
(f) Tenant shall not use the Generator Equipment, the Equipment Area or any other portion of the Industrial Center in any way which interferes with the use of the Industrial Center by Landlord, or other tenants or licensees of Landlord or any other occupantBuilding. Such interference shall be deemed a material breach by the Tenant under the Lease, and Tenant shall, within five (5) days of written notice from Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, The Tenant acknowledges that continuing interference may cause irreparable injury andthe Landlord will be connecting the Building's life safety system ("the LSS") to the Generator and that such connection shall continue throughout the Term. For clarity, the Tenant agrees that such connection shall immediately cease all operation continue in the event that the Tenant has exercised any of its rights to cancel this lease with respect to portions of the Generator Equipment.
(g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord and all Premises as provided for in Section 8 of Landlord’s Entities from any and all claims, demands, losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) Schedule "F" of this lease. Without limiting any of such Landlord’s Entities may suffer or incur arising out of or related to the useTenant's obligations under this lease, operation the Tenant agrees that it shall maintain the Generator in good order and condition at its expense throughout the Term. Notwithstanding the foregoing, the testing and maintenance of the Generator Equipment or any LSS, including such portion thereof by Tenant.
(h) Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information required under Applicable Requirements for the use, maintenance and operation of the Generator Equipment, and upon request of Landlordrelating to the LSS, shall provide a copy of all such reports, records, test results and other information without cost or expense to Landlordbe carried out by the Landlord in accordance with any building codes applicable thereto. The parties hereto have executed this Lease said testing and maintenance shall be at such intervals as would be carried out by a prudent owner of a building similar to the place Building and the cost thereof will be included in Operating Expenses. In consideration of the Tenant permitting the LSS to be connected to the Generator the Landlord agrees to contribute the sum of $85,000.00 ("the Generator Allowance") to the acquisition price of the Generator. The Generator Allowance shall be credited to the Tenant's rental account on the dates specified below their respective signatures. AMB PROPERTY, L.P., a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After day that is the later of thirty (30) days after the Commencement Date The Premises Address Prior and the date on which the LSS is connected to the Commencement Date AMB PropertyGenerator. At the end of the Term (as extended, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATIONif applicable), the authorized officers must sign Tenant agrees that the Landlord shall have the option to purchase the Generator ("the Generator Purchase Option") upon payment to the Tenant of an amount ("the Landlord's Generator Payment") calculated as being the unamortized balance (based on behalf a straight-line amortization over twenty (20) years) of the corporation difference between the Tenant's acquisition cost of the Generator (which cost for clarity is not to include any cabling or equipment other than the Generator) and indicate the capacity in which they are signingGenerator Allowance. The Lease must Generator Purchase Option may be executed exercised by the chairman Landlord at any time prior to the last sixty (60) days of the boardTerm (as extended, president or vice-president, if applicable) and in the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this Lease.event that it is so exercised:
Appears in 1 contract
Generator. Tenant shall have the right (but only Subject to the extent permitted provisions of this Lease, Tenant may request Landlord to install an emergency generator (a “Generator”) as part of the Tenant Improvements, in a location agreed upon by Landlord and Tenant, and if such Generator is installed as part of the City Tenant Improvements and paid for out of Menlo Park the TI Allowance and/or the Additional TI Allowance, the Generator shall be the property of Landlord. As an alternative, during the Term, Tenant may install in a location agreed upon by Landlord and Tenant, maintain, and from time to time replace, a Generator at no additional rental expense to Tenant (other than reimbursing Landlord for any costs reasonably incurred by Landlord in connection with the exercise by Tenant of any rights granted to Tenant under this Section 42); provided, however, that (i) Tenant shall, at its sole cost, comply with reasonable requirements imposed by Landlord and all agencies Legal Requirements, (ii) the Generator shall be the property of Tenant and governmental authorities having jurisdiction thereof)Tenant may remove, and shall remove if Landlord requires the same to be removed, at Tenant’s sole cost and expense, to maintain and operate the currently existing emergency generator, UPS battery systems and related appurtenances (collectively, the “Generator Equipment”) in the location such Generator Equipment is currently located (“Equipment Area”), provided:
(a) Tenant shall obtain Landlord’s prior written consent before making any modifications to the Equipment Area.
(b) No additional Base Rent shall be paid by Tenant for use of the Equipment Area or Generator Equipment; provided, Tenant shall be solely responsible to pay for all utilities, including without limitation, electricity, used in connection with the Generator Equipment or Equipment Area.
(c) The Generator Equipment shall remain the property of Landlord and Tenant shall not remove the Generator Equipment upon at the expiration or earlier termination of this Lease. Prior to expiration or earlier termination , (iii) Landlord shall have the right supervise the installation of this Lease, Landlord may require that Tenant perform, at Tenant’s sole expense, an environmental site assessment reasonably acceptable to Landlord to determine the extent of any contamination and Tenant shall, at Tenant’s sole expense, clean up, removeGenerator, and remediate all Hazardous Substances that may have been (iv) Tenant shall repair any damage caused by Tenant’s installation, maintenance, replacement, use or removal of the Generator Equipment.
(d) Each of the other provisions of this Lease shall be applicable to the Equipment Area and the use of the Generator Equipment by Tenant, including without limitation, Paragraphs 6, 7 and 8 of the Lease.
(e) Anything to the contrary contained herein notwithstanding, if, during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Generator Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Generator. Tenant shall immediately cease all operation of the Generator Equipment.
(f) Tenant shall not use the Generator Equipmentprotect, the Equipment Area or any other portion of the Industrial Center in any way which interferes with the use of the Industrial Center by Landlorddefend, or other tenants or licensees of Landlord or any other occupant. Such interference shall be deemed a material breach by the Tenant under the Lease, and Tenant shall, within five (5) days of written notice from Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, Tenant acknowledges that continuing interference may cause irreparable injury and, Tenant shall immediately cease all operation of the Generator Equipment.
(g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) indemnify and hold harmless Landlord from and all of Landlord’s Entities from any and all against claims, demands, losses, liabilities, damages, judgmentsliabilities, costs and expenses (of every kind and nature, including reasonable attorneys’ fees) any of such Landlord’s Entities may suffer , incurred by or incur asserted against Landlord arising out of Tenant’s installation, maintenance, replacement, use or related to the use, operation and maintenance removal of the Generator Equipment or any portion thereof by TenantGenerator.
(h) Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information required under Applicable Requirements for the use, maintenance and operation of the Generator Equipment, and upon request of Landlord, shall provide a copy of all such reports, records, test results and other information without cost or expense to Landlord. The parties hereto have executed this Lease at the place and on the dates specified below their respective signatures. AMB PROPERTY, L.P., a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After the Commencement Date The Premises Address Prior to the Commencement Date AMB Property, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATION, the authorized officers must sign on behalf of the corporation and indicate the capacity in which they are signing. The Lease must be executed by the chairman of the board, president or vice-president, and the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this Lease.
Appears in 1 contract
Samples: Lease Agreement (Exelixis Inc)
Generator. Supplementing Article 42 of the Lease, Tenant shall have the right to install a generator in the parking garage of the Building in the area designated on
(but only i) all testing of the generator shall occur on non-business days in the presence of Landlord or its representative and Tenant shall pay any reasonable out-of pocket overtime charges actually incurred by Landlord in order to the extent permitted by the City of Menlo Park and all agencies and governmental authorities having jurisdiction thereof)have its representative present at such testing; (ii) Tenant shall be responsible, at Tenant’s its sole cost and expense, to maintain and operate repair the currently existing emergency generator, UPS battery systems generator and related appurtenances shall cause the same to be removed from the Premises at the expiration of the Term; (collectively, iii) any contract entered into by Tenant to maintain or repair the “Generator Equipment”) in generator shall be subject to the location such Generator Equipment is currently located (“Equipment Area”), provided:
(a) Tenant shall obtain Landlord’s prior written consent before making any modifications to the Equipment Area.
(b) No additional Base Rent shall be paid by Tenant for use of the Equipment Area or Generator Equipment; provided, Tenant shall be solely responsible to pay for all utilities, including without limitation, electricity, used in connection with the Generator Equipment or Equipment Area.
(c) The Generator Equipment shall remain the property of Landlord and Tenant shall not remove the Generator Equipment upon the expiration or earlier termination of this Lease. Prior to expiration or earlier termination of this Lease, Landlord may require that Tenant perform, at Tenant’s sole expense, an environmental site assessment reasonably acceptable to Landlord to determine the extent of any contamination and Tenant shall, at Tenant’s sole expense, clean up, remove, and remediate all Hazardous Substances that may have been caused by Tenant’s use of the Generator Equipment.
(d) Each of the other provisions of this Lease shall be applicable to the Equipment Area and the use of the Generator Equipment by Tenant, including without limitation, Paragraphs 6, 7 and 8 of the Lease.
(e) Anything to the contrary contained herein notwithstanding, if, during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Generator Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Tenant shall immediately cease all operation of the Generator Equipment.
(f) Tenant shall not use the Generator Equipment, the Equipment Area or any other portion of the Industrial Center in any way which interferes with the use of the Industrial Center by Landlord, or other tenants or licensees of Landlord or any other occupant. Such interference shall be deemed a material breach by the Tenant under the Lease, and Tenant shall, within five (5) days of written notice from Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, Tenant acknowledges that continuing interference may cause irreparable injury and, Tenant shall immediately cease all operation of the Generator Equipment.
(g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord and all of Landlord’s Entities from any and all claims, demands, losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) any of such Landlord’s Entities may suffer or incur arising out of or related to the use, operation and maintenance of the Generator Equipment or any portion thereof by Tenant.
(h) Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information required under Applicable Requirements for the use, maintenance and operation of the Generator Equipment, and upon request approval of Landlord, which in any event shall provide a copy of all such reports, records, test results not be unreasonably withheld and other information without cost given within (or expense to Landlord. The parties hereto have executed this Lease at the place and on the dates specified below their respective signatures. AMB PROPERTY, L.P., a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After the Commencement Date The Premises Address Prior to the Commencement Date AMB Property, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATION, the authorized officers must sign on behalf of the corporation and indicate the capacity in which they are signing. The Lease must be executed by the chairman of the board, president or vice-president, and the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolutionnot given, as the case may be) seven (7) days after Landlord's receipt thereof; (iv) Landlord shall provide, must at Tenant's expense, the additional risers required to allow for 800 amps of service to the 8th floor (it being understood that the total cost for the same shall be attached to the cost of installation plus a connection fee of $166,260 payable as follows: $96,260 upon execution of this LeaseFirst Amendment and $70,000 on the first anniversary of this First Amendment); (v) Tenant shall install the generator, Tenant's Equipment and the fuel tank during Overtime Periods and shall pay Landlord for the reasonable out-of-pocket cost actually paid by Landlord of any building services or employees used in connection therewith; and (vi) Tenant shall pay as Additional Rent the sum of $3,000 per month commencing on the Rent Commencement Date through and including the month in which the generator is removed from the Premises.
Appears in 1 contract
Samples: Lease Agreement (Nextvenue Inc)
Generator. Subject to the provisions of this Section 1.4, Tenant shall have the right to install, maintain, repair, replace and use, at no additional charge, an emergency generator, related connections, and an appropriately sized ancillary fuel storage tank or similar above-ground fuel storage compartment (but only to collectively, the extent permitted by the City of Menlo Park and all agencies and governmental authorities having jurisdiction thereof“Generator”), at in a location reasonably designated by Landlord. Tenant’s use of the Generator shall be upon all of the conditions of the Lease, except as modified below:
(i) Tenant shall be responsible, at its sole cost and expense, for installing the Generator. In addition to maintain and complying with Section 8.3, below, Tenant shall not install or operate the currently existing emergency generatorGenerator until Tenant shall have obtained Landlord’s prior written approval of Tenant’s plans and specifications therefor, UPS battery systems which approval by Landlord shall not be unreasonably withheld or delayed (and related appurtenances (collectivelywhich approval may be given with the approval by Landlord of the plans for the Finish Work). If Tenant determines that it is necessary to replace the Generator during the Term, the “Generator Equipment”) in the location such Generator Equipment is currently located (“Equipment Area”), provided:
(a) Tenant shall obtain Landlord’s prior written consent before making any modifications to approval of Tenant’s plans and specifications therefor, which approval by Landlord shall not be unreasonably withheld or delayed. At the Equipment Area.
(b) No additional Base Rent shall be paid by Tenant for use expiration or earlier termination of the Equipment Area or Generator Equipment; provided, Tenant shall be solely responsible to pay for all utilities, including without limitation, electricity, used in connection with Lease the Generator Equipment or Equipment Area.
(c) The Generator Equipment shall remain become the property of Landlord, unless and to the extent Landlord and instructs Tenant shall not remove in writing at least sixty (60) days prior to the Generator Equipment expiration of the Lease that Landlord will require the same to be removed by Tenant upon the expiration or earlier termination of this the Lease. Prior If Landlord instructs Tenant to expiration or earlier termination remove the Generator, Tenant shall remove the Generator and all related conduits and other equipment serving the Generator in accordance with the provisions of this LeaseLease and shall repair any damage caused by such removal to Landlord’s reasonable satisfaction.
(ii) Landlord shall have no obligation to provide any services to the Generator, Landlord may require that provided Tenant performshall have the right to connect the Generator to existing base building utility systems and to connect to the utility systems serving the Premises through conduits between the location of the Generator and the Premises installed by Tenant, at Tenantsubject to Landlord’s sole expense, an environmental site assessment right to reasonably acceptable to Landlord to determine the extent of any contamination and approve such connections. Tenant shall, at Tenantits sole cost and expense and otherwise in accordance with the provisions of this Section 1.4, arrange for the metering and distribution of all utility services required for the operation of the Generator.
(iii) Tenant shall have no right to make any changes, alterations or other improvements to the Generator without Landlord’s sole expenseprior written consent, clean upwhich consent shall not be unreasonably withheld or delayed.
(iv) Tenant shall be responsible for the cost of repairing any damage to the Building, remove, and remediate all Hazardous Substances that may have been Property or the office park caused by the installation, use and removal of the Generator.
(v) Except for assignees of Tenant or subtenants of all or a portion of the Premises, no other person, firm or entity shall have the right to connect to the Generator other than Tenant.
(vi) To the maximum extent permitted by law, Tenant’s use of the Generator Equipmentshall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Generator is damaged for any reason.
(dvii) Each In addition to the indemnification obligations of the other provisions of Tenant set forth in this Lease shall be applicable including those contained in Section 9.4, below, Tenant shall, to the Equipment Area maximum extent permitted by law and the use of the Generator Equipment by Tenant, including without limitation, Paragraphs 6, 7 and 8 of the Lease.
(e) Anything except to the contrary contained herein notwithstanding, if, during extent arising from the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Generator Equipment poses a human health negligence or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Tenant shall immediately cease all operation of the Generator Equipment.
(f) Tenant shall not use the Generator Equipment, the Equipment Area or any other portion of the Industrial Center in any way which interferes with the use of the Industrial Center by Landlord, or other tenants or licensees willful misconduct of Landlord or any other occupant. Such interference shall be deemed a material breach by the Tenant under the LeaseLandlord Parties (as defined below), and Tenant shall, within five (5) days of written notice from Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, Tenant acknowledges that continuing interference may cause irreparable injury and, Tenant shall immediately cease all operation of the Generator Equipment.
(g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord and all of Landlord’s Entities the Landlord Parties harmless from any and all claims, losses, demands, lossesactions or causes of actions suffered by any person, liabilitiesfirm, damagescorporation or other entity arising from the installation, judgmentsuse or removal of the Generator, except to the extent caused by the negligence of Landlord or any of its employees, contractors, managers or agents. Tenant shall, at its sole cost and expense, secure the approvals of all governmental authorities and all permits required by governmental authorities having jurisdiction over such approvals for the Generator, and shall provide Landlord with copies of such approvals and permits prior to commencing any work with respect thereto. In addition, Tenant shall be solely responsible for all costs and expenses (including reasonable attorneys’ fees) any of such Landlord’s Entities may suffer or incur arising out of or related to in connection with the useinstallation, operation maintenance, use and maintenance removal of the Generator. The Generator Equipment or any portion thereof will be maintained by Tenant.
Tenant in good working order and condition during the Term (h) as defined below). In connection therewith, Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information required under Applicable Requirements provide Landlord with evidence on an annual basis of the existence of a maintenance contract for the use, maintenance and operation of the Generator Equipment, and upon request of Landlord, shall provide with a copy of all such reports, records, test results and other information without cost or expense service provider reasonably acceptable to Landlord. The parties hereto Tenant shall have executed this Lease at access to those portions of the place Building and the Property on which the dates specified below their respective signatures. AMB PROPERTYGenerator is located for the purposes of inspecting, L.P.repairing, a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIAmaintaining and replacing the same, INC.subject in all events to Landlord’s reasonable rules and regulations regarding such access (it being understood and agreed, a Delaware corporationwithout limiting the generality of the foregoing, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After the Commencement Date The Premises Address Prior that access to the Commencement Date AMB Property, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATION, the authorized officers must sign on behalf rooftop of the corporation and indicate the capacity in which they are signing. The Lease must be executed Building is controlled by the chairman of the board, president or vice-president, and the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this LeaseLandlord).
Appears in 1 contract
Generator. Tenant shall be permitted at its cost to install, operate, maintain, repair and replace up to one 1,250 kw/480 volt diesel generator to be located at Tenant's option, either in the alcove directly north of the Public Service Transformer room or directly south of the first west bay of the Annex Building, provided that in the case of the first west bay, Tenant has constructed an enclosure around the generator area and installs landscaping from materials and to a design approved by Landlord. Such generator will have the related wiring, piping, conduits, vents and equipment, including up to six (6) four-inch and up to two (2) one-inch conduits all provided by Tenant. In connection with such generator, Tenant shall also have the right to place one up to 3,000 gallon fuel tank or two up to 1,500 gallon fuel storage tanks in the alcove area ("Equipment Area") reasonably adjacent to the generator location or other mutually agreed upon area. This area is shown in Exhibit "H." The fuel tanks will comply with all laws, rules and regulations. Alternatively, the fuel tanks will be placed in another location as determined by Landlord. Tenant will have the exclusive right to use this area. Tenant may, at its option, demolish and remove the existing concrete floor slab in this area and replace it with an approximately eight-inch reinforced concrete slab. Tenant shall have the right (but only to install a fuel piping system, which includes two 4-inch double-walled supply and return pipes from the generator to the extent permitted by the City of Menlo Park and all agencies and governmental authorities having jurisdiction thereof), at Tenant’s sole cost and expense, to maintain and operate the currently existing emergency generator, UPS battery systems and related appurtenances (collectively, the “Generator Equipment”) in the location such Generator Equipment is currently located (“Equipment Area”), provided:
(a) fuel tanks. Tenant shall obtain Landlord’s prior written consent before making any modifications have the right to the Equipment Area.
(b) No additional Base Rent shall be paid install required fuel fill lines and ventilation lines in locations as reasonably determined by Tenant for use of the Equipment Area and approved by Landlord which approval shall not be unreasonably withheld, delayed or Generator Equipment; provided, conditioned. Tenant shall be solely responsible enclose the fuel tanks by constructing a concrete masonry unit enclosure. Tenant shall have the right to pay for all utilities, including without limitation, electricity, used in connection with test the Generator Equipment or Equipment Area.
(c) The Generator Equipment shall remain the property of generator no less than once per week at a time mutually agreed upon between Landlord and Tenant shall not remove the Generator Equipment upon the expiration or earlier termination of this Leaseand in compliance with all laws. Prior Tenant hereby agrees to expiration or earlier termination of this Leaseprotect, defend, indemnify and hold harmless Landlord may require that Tenant perform, at Tenant’s sole expense, an environmental site assessment reasonably acceptable to Landlord to determine the extent of any contamination and Tenant shall, at Tenant’s sole expense, clean up, remove, and remediate all Hazardous Substances that may have been caused by Tenant’s use of the Generator Equipment.
(d) Each of the other provisions of this Lease shall be applicable to the Equipment Area and for the use of the Generator Equipment by Tenant, including without limitation, Paragraphs 6, 7 generator and 8 fuel storage tank and any environmental liability resulting therefrom and Tenant shall remove same upon the expiration of the Lease.
(e) Anything to Lease Term. This indemnity shall survive the contrary contained herein notwithstanding, if, during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Generator Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Tenant shall immediately cease all operation expiration of the Generator Equipment.
(f) Lease Term. Tenant shall not use may, at its option, place the Generator Equipment, transfer switch and disconnect switch in the Equipment Area or any other along with related piping, conduits and equipment. Tenant specifically will have the option to place a portion of its equipment, including the Industrial Center transfer switch, in any way which interferes with the use approximately 30 foot by 30 foot room in the Southwest corner of the Industrial Center by LandlordAnnex Building, or other tenants or licensees currently identified as the "Wards Battery Room." The square footage of Landlord or any other occupant. Such interference said space is 981 rental square feet and the rental rate for such space shall be deemed a material breach by the Tenant under the Lease, and Tenant shall, within five (5) days of written notice from Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, Tenant acknowledges that continuing interference may cause irreparable injury and, Tenant shall immediately cease all operation of the Generator Equipment.
(g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlordas set forth in Section 1(i) and hold harmless Landlord and all of Landlord’s Entities from any and all claims, demands, losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) any of such Landlord’s Entities may suffer or incur arising out of or related shall be an addition to the use, operation and maintenance of the Generator Equipment or any portion thereof by TenantBase Rent.
(h) Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information required under Applicable Requirements for the use, maintenance and operation of the Generator Equipment, and upon request of Landlord, shall provide a copy of all such reports, records, test results and other information without cost or expense to Landlord. The parties hereto have executed this Lease at the place and on the dates specified below their respective signatures. AMB PROPERTY, L.P., a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After the Commencement Date The Premises Address Prior to the Commencement Date AMB Property, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATION, the authorized officers must sign on behalf of the corporation and indicate the capacity in which they are signing. The Lease must be executed by the chairman of the board, president or vice-president, and the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this Lease.
Appears in 1 contract
Generator. Tenant shall have the right (but only to the extent permitted by the City of Menlo Park and all agencies and governmental authorities having jurisdiction thereof)right, at Tenant’s its sole cost and expense, to maintain install (i) a backup generator (the “Generator”) to provide emergency power to the Premises and operate (ii) a Storage Tank (as hereinafter defined) for the currently existing emergency generatorpurpose of storing and supplying fuel for the Generator, UPS battery systems provided that the following conditions are satisfied: (a) the Generator, generator pads, related utility lines and related appurtenances conduits, and Storage Tank (collectively, the “Generator EquipmentFacilities”) shall be installed in the a specific location such Generator Equipment is currently located (“Equipment Area”)or specific locations, provided:
as applicable) as mutually determined by Landlord and Tenant; (ab) Tenant shall obtain Landlord’s prior written consent before making any modifications to install the Equipment Area.
Generator Facilities in accordance with all applicable Laws and in accordance with plans approved by Landlord in writing; (bc) No additional Base Rent shall be paid by Tenant for use all work in connection with the installation of the Equipment Area or Generator EquipmentFacilities shall comply with the Lease Requirements; provided, (d) Tenant shall be solely responsible to pay for all utilitiesthe maintenance and repair of the Generator Facilities such that the same remain in good working order and repair, including without limitationnormal periodic testing of the Generator as recommended by the manufacturer specifications; (e) at the end of the Term, electricitythe 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, used 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 Equipment or Equipment Area.
(c) The Generator Equipment shall remain the property of Landlord and Tenant shall not remove the Generator Equipment upon the expiration or earlier termination of this Lease. Prior to expiration or earlier termination of this Lease, Landlord may require that Tenant perform, at Tenant’s sole expense, an environmental site assessment reasonably acceptable to Landlord to determine the extent of any contamination and Tenant shall, at Tenant’s sole expense, clean up, remove, and remediate all Hazardous Substances that may have been caused by Tenant’s use of the Generator Equipment.
(d) Each of the other provisions of this Lease shall be applicable to the Equipment Area and the use of the Generator Equipment by Tenant, including without limitation, Paragraphs 6, 7 and 8 of the Lease.
(e) Anything to the contrary contained herein notwithstanding, if, during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Generator Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereof, then Tenant shall immediately cease all operation of the Generator Equipment.
(f) Tenant shall not use the Generator Equipment, the Equipment Area or any other portion of the Industrial Center in any way which interferes with the use of the Industrial Center by Landlord, or other tenants or licensees of Landlord or any other occupant. Such interference shall be deemed a material breach by the Tenant under the Lease, and Tenant shall, within five (5) days of written notice from Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, Tenant acknowledges that continuing interference may cause irreparable injury and, Tenant shall immediately cease all operation of the Generator Equipment.
(g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord and all of Landlord’s Entities from any and all claims, demands, losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) any of such Landlord’s Entities may suffer or incur arising out of or related to the use, operation and maintenance of the Generator Equipment or any portion thereof by Tenant.
Facilities; (h) Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information Permits required under Applicable Requirements for by applicable governmental authorities in connection with the use, maintenance installation and operation of the Generator EquipmentFacilities and deliver copies of such Permits to Landlord; (i) the Generator shall be used only for backup power, and upon request 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, shall provide a copy 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 all such reports, records, test results and other information without cost or expense to Landlord. The parties hereto have executed 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 place property and on the dates specified below their respective signaturesresponsibility of Tenant. AMB PROPERTY, L.P., a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After indemnification of Landlord pursuant to Sections 8(d) and 10(d) of this Lease also applies to fuel storage as permitted in the Commencement Date The Premises Address Prior to the Commencement Date AMB Property, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATION, the authorized officers must sign on behalf Storage Tank and Tenant’s use of any portion of the corporation and indicate Premises therefor. Without limiting the capacity foregoing, Tenant shall be solely responsible for any damages or injury caused by or in which they are signing. The Lease must be executed by the chairman any way relating to fuel, fuel storage and/or any fuel spill arising out of Tenant’s use of the board, president Premises for fuel storage and/or the Storage Tank. Tenant’s obligations pursuant to this Section 32 shall survive the expiration or vice-president, and the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution termination of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this Lease.
Appears in 1 contract
Samples: Lease Agreement (QuantumScape Corp)
Generator. Tenant is hereby granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as shall have be reasonably imposed by Landlord, the right (but only to the extent permitted by the City of Menlo Park and all agencies and governmental authorities having jurisdiction thereof)install, at Tenant’s sole cost and expensesecure, to maintain maintain, replace and operate the currently existing emergency generator, UPS battery systems and related appurtenances (collectively, the “Generator Equipment”) in the location such Generator Equipment is currently located as reasonably determined on the lower level of its Garage (“Equipment Area”the "Space"), provided:
a 150 kilowatt diesel powered emergency electric generator and a 200 gallon diesel fuel "ready tank" together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (a) collectively the "Generator"). Any parking spaces which are displaced by the Space shall be in reduction of the number of spaces required to be provided to Tenant in accordance with Article 28. Tenant is also granted at no additional cost to Tenant, subject to Article 5 hereof and the provisions of this Article 31 and such other requirements as may be reasonably imposed by Landlord, the right to install, operate and maintain in shaft space to be reasonably designated by Landlord, an electric riser from the Space to the electric closets serving the Premises in order to bring electric power from the Generator to such electric closets. Tenant shall obtain Landlord’s prior written consent before making any modifications diligently service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto. No signs, whether temporary or permanent, shall be affixed, installed or attached to the Equipment Area.
(b) No additional Base Rent Generator or the Space other than those required by Requirements. All signs required, if any, and the location thereof, shall be paid first approved in writing by Tenant for use Landlord. In the performance of any installation, alteration, repair, maintenance, removal and/or any other work with respect to the Equipment Area Space or Generator Equipment; providedthe Generator, Tenant shall be solely responsible to pay for comply with all utilities, including without limitation, electricity, used in connection with the Generator Equipment or Equipment Area.
(c) The Generator Equipment shall remain the property of Landlord and Tenant shall not remove the Generator Equipment upon the expiration or earlier termination of this Lease. Prior to expiration or earlier termination of this Lease, Landlord may require that Tenant perform, at Tenant’s sole expense, an environmental site assessment reasonably acceptable to Landlord to determine the extent of any contamination and Tenant shall, at Tenant’s sole expense, clean up, remove, and remediate all Hazardous Substances that may have been caused by Tenant’s use of the Generator Equipment.
(d) Each of the other applicable provisions of this Lease including, without limitation, those set forth in Articles 5, 6 (with respect to any damage to the Garage cause by Tenant's installation, use, maintenance and repair of the Generator), 8, 11 and 25, and the provisions of this Article shall be applicable to the Equipment Area Space as if the Space was part of the Premises. Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator Equipment (including those shown to be specifically related to any increase in the assessed valuation of the Building attributable to the Generator), whether imposed by any local, state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to cooperate reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing. During Ordinary Business Hours and upon reasonable advance notice to Landlord, including Monday through Friday (exclusive of Building holidays), and at any time in the event of an emergency, Tenant may have access to the Space for the sole purpose of servicing and maintaining the Generator. Tenant shall not have any tools and/or materials stored in the Space. If Tenant shall require access to the Space at times other than those specified in the first sentence of this Section 31.7, then except in the case of an emergency, Tenant shall give Landlord at least 2 full business days prior written notice of such requirement and shall pay all reasonable costs incurred by Landlord in connection therewith, including, without limitation, Paragraphs 6any compensation paid to Building employees or any independent contractors of Landlord. During the Term, 7 and 8 Tenant shall inspect the Generator at least once a month. The Generator shall not exceed the load-bearing capacity of the LeaseSpace.
(ea) Anything to the contrary contained herein notwithstandingIf, if, at any time during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes shall determine that it is necessary to move the Generator to another area of the Garage, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the "Substitute Space") shall be substantially identified by hatching or otherwise). Within 30 days of receipt of Landlord's notice (or, if a governmental permit is required to be obtained for installation of the Generator in the Substitute Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord's reasonable cooperation), Landlord, at its sole cost (but subject to recoupment pursuant to Article 7 above) shall move the Generator to the Substitute Space (with only a commercially reasonable lapse of service) which shall then become the Space hereunder and the original Space shall be deleted from the coverage of this Lease. Tenant's operation or use of the Generator shall not unreasonably prevent or unreasonably interfere with the operation or use of any equipment of any present or future tenant or occupant of the Building, Building Two or of Landlord. Testing of the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereofcauses such interference with other equipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the "Replacement"). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement, then within 30 days of the obtaining of such permit (which Tenant shall immediately cease all make prompt application for, with Landlord's cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement which shall then be deemed to be the Generator hereunder. Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Space or the Building (or the electricity available to the Space) for the installation, use, maintenance or operation of the Generator Equipment.
(f) Tenant shall not use the Generator Equipment, the Equipment Area or any other portion of the Industrial Center in any way which interferes with the use of the Industrial Center by Landlord, or other tenants or licensees of Landlord or any other occupant. Such interference shall be deemed a material breach by the Tenant under the LeaseGenerator, and Tenant shall, within five (5) days of written notice from agrees to accept same in its "as is" condition and without any work or alterations to be made by Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, Tenant acknowledges that continuing interference may cause irreparable injury and, Tenant shall immediately cease all operation of the Generator Equipment.
(g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord and all of Landlord’s Entities from any and all claims, demands, losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) any of such Landlord’s Entities may suffer or incur arising out of or related to the use, operation and maintenance of the Generator Equipment or any portion thereof by Tenant.
(h) Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information required under Applicable Requirements for the use, maintenance and operation of the Generator Equipment, and upon request of Landlord, shall provide a copy of all such reports, records, test results and other information without cost or expense to Landlord. The parties hereto have executed this Lease at the place and on the dates specified below their respective signatures. AMB PROPERTY, L.P., a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After the Commencement Date The Premises Address Prior to the Commencement Date AMB Property, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATION, the authorized officers must sign on behalf of the corporation and indicate the capacity in which they are signing. The Lease must be executed by the chairman of the board, president or vice-president, and the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this Lease.
Appears in 1 contract
Generator. 22.1 As an appurtenant to the Premises, for and with respect to the Term of this Lease, Tenant is hereby granted, subject to this Article 22, Article 5 of this Lease and all of the other provisions of this Lease and such other requirements as shall be imposed by Landlord from time to time, the right to install, secure, maintain, replace and operate in either (a) the location designated as “A”, or (b) the location designated as “B”, each as set forth on Exhibit H annexed hereto (the “Generator Space”), an emergency electric generator together with all ancillary equipment, mountings, piping, duct work, venting, conduit, wiring and support, including, without limitation, the emergency electric riser and emergency fuel pumps, as shall be reasonably necessary for the operation thereof, (collectively the “Generator”). The capacity, size, location and dimensions of the Generator shall be subject to Landlord’s approval, which approval will not be unreasonably withheld. To the extent that the Generator shares facilities (excluding the cooling tower), including, without limitation, fuel systems, supply air systems, generator rooms, feeders, etc., with Landlord’s generator, Tenant shall have pay the incremental costs of such facilities in excess of the costs that Landlord would incur but for such sharing and shall reimburse Landlord for all such costs (including design, installation and construction costs) within 30 days after demand.
22.2 Tenant is also granted, subject to the provisions of Article 5 and of this Article 22 and such other requirements as may be imposed by Landlord, the right (but only to install, operate and maintain in shaft or riser space to be reasonably designated by Landlord an electric riser from the Generator Space to the extent permitted by electric closets serving the City Premises in order to bring electric power from the Generator to such electric closets and from the Generator Space (i) to the Building’s intake and discharge air shaft/plenums in the basement of Menlo Park the Building, (ii) to a fuel oil fill pipe on the street level of the Building and all agencies vent, to bring fuel from the street to the fuel tank, and governmental authorities having jurisdiction thereof)(iii) to a fuel supply and return and a vent pipe as required to bring fuel from the fuel tank to the Generator.
22.3 Tenant shall, at Tenant’s its sole cost and expense, diligently operate, service, repair, paint and maintain the Generator, including, without limitation, all electrical wires, guide wires and conduits related thereto.
22.4 No signs, whether temporary or permanent, shall be affixed, installed or attached to maintain the Generator or the Generator Space other than those required by applicable laws, regulations, codes and operate the currently existing emergency generatorordinances. All signs required, UPS battery systems if any, and related appurtenances (collectively, the “Generator Equipment”) in the location such Generator Equipment is currently located (“Equipment Area”)thereof, provided:shall be first approved in writing by Landlord.
(a) Tenant shall obtain Landlord’s prior written consent before making 22.5 In the performance of any modifications installation, alteration, repair, maintenance, removal and/or any other work with respect to the Equipment Area.
(b) No additional Base Rent shall be paid by Tenant for use of Generator Space or the Equipment Area or Generator Equipment; providedGenerator, Tenant shall be solely responsible to pay for comply with all utilities, including without limitation, electricity, used in connection with of the Generator Equipment or Equipment Area.
(c) The Generator Equipment shall remain the property of Landlord and Tenant shall not remove the Generator Equipment upon the expiration or earlier termination applicable provisions of this Lease. Prior to expiration or earlier termination of this Lease, Landlord may require that Tenant perform, at Tenant’s sole expense, an environmental site assessment reasonably acceptable to Landlord to determine the extent of any contamination Lease and Tenant shall, at Tenant’s sole expense, clean up, remove, and remediate all Hazardous Substances that may have been caused by Tenant’s use of the Generator Equipment.
(d) Each of the other provisions of this Lease shall be applicable to the Equipment Area Generator Space as if the Generator Space was part of the Premises.
22.6 Any and all taxes, filing fees, charges or license fees imposed upon Landlord by virtue of the existence and/or use of the Generator Equipment (including those shown to be specifically related to any increase in the assessed valuation of the respective Building attributable to the Generator), whether imposed by any local, state and/or federal government or any agency thereof, shall be exclusively borne by Tenant. Landlord agrees to cooperate reasonably with Tenant in any necessary applications for any necessary license or permits provided Landlord incurs no expense or liability in so doing.
22.7 Upon reasonable advance notice to Landlord, including without limitationTenant may have access to the Generator Space for the sole purpose of servicing and maintaining the Generator. Landlord shall have the right (in its sole discretion) to have its representative(s) accompany Tenant whenever it services or maintains the Generator. At all other times, Paragraphs 6Landlord may keep the entrances to the Generator Space locked. Tenant shall not have any tools and/or materials stored in the Space, 7 and 8 Tenant’s employees and independent contractors shall close and lock the entrance door to the Space when leaving the same.
22.8 Throughout the duration of this Lease, Tenant shall inspect the Generator on a regular basis consistent with the prudent and customary inspection and maintenance procedures. The Generator shall not exceed the load-bearing capacity of the LeaseGenerator Space.
(ea) Anything to the contrary contained herein notwithstandingIf, if, at any time during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes shall determine that it is necessary to move the Generator to another area of the Property, then Landlord may give notice thereof to Tenant (which notice shall have annexed thereto a plan on which such other area (the “Substitute Generator Space”) shall be substantially identified). Within 30 days of receipt of Landlord’s notice (or, if a governmental permit is required to be obtained for installation of the Generator in the Substitute Generator Space, then, within 30 days of the obtaining of such permit (which Tenant shall make prompt application for, with Landlord’s reasonable cooperation), Landlord, at its sole cost shall move the Generator to the Substitute Generator Space (with only a commercially reasonable lapse of service) which shall then become the Generator Space hereunder and the original Generator Space shall be deleted from the coverage of this Lease.
(b) Tenant’s operation or use of the Generator shall not prevent or interfere with the operation or use of any equipment of any present or future tenant or occupant of the Buildings or of Landlord. Testing of the Generator shall be performed during non-business hours exclusive of Sundays. If, at any time during the term hereof, Landlord shall reasonably determine that the Generator Equipment poses a human health causes interference with other operations or environmental hazard that cannot be remediated or has not been remediated within ten (10) days after Tenant has been notified thereofequipment, then Landlord may so notify Tenant, and Landlord may require Tenant to replace the Generator with another generator which would not cause such interference (the “Replacement Generator”). Tenant, within 30 days of receipt of such notice or, if a government permit is required to install the Replacement Generator, then within 30 days of the obtaining of such permit (which Tenant shall immediately cease all make prompt application for, with Landlord’s cooperation but at no cost to Landlord), shall replace the Generator with the new non-interfering Replacement Generator which shall then be deemed to be the Generator hereunder.
22.10 Tenant agrees that Landlord has made no warranties or representations as to the condition or suitability of the Generator Space or the Building (or the electricity available to the Generator Space) for the installation, use, maintenance or operation of the Generator Equipment.
(f) Tenant shall not use the Generator Equipment, the Equipment Area or any other portion of the Industrial Center in any way which interferes with the use of the Industrial Center by Landlord, or other tenants or licensees of Landlord or any other occupant. Such interference shall be deemed a material breach by the Tenant under the LeaseGenerator, and Tenant shall, within five (5) days of written notice from agrees to accept same in its “as is” condition and without any work or alterations to be made by Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, Tenant acknowledges that continuing interference may cause irreparable injury and, Tenant shall immediately cease all operation of the Generator Equipment.
(g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord and all of Landlord’s Entities from any and all claims, demands, losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) any of such Landlord’s Entities may suffer or incur arising out of or related to the use, operation and maintenance of the Generator Equipment or any portion thereof by Tenant.
(h) Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information required under Applicable Requirements for the use, maintenance and operation of the Generator Equipment, and upon request of Landlord, shall provide a copy of all such reports, records, test results and other information without cost or expense to Landlord. The parties hereto have executed this Lease at the place and on the dates specified below their respective signatures. AMB PROPERTY, L.P., a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After the Commencement Date The Premises Address Prior to the Commencement Date AMB Property, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATION, the authorized officers must sign on behalf of the corporation and indicate the capacity in which they are signing. The Lease must be executed by the chairman of the board, president or vice-president, and the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this Lease.
Appears in 1 contract
Generator. (a) Should Landlord, in its sole discretion, determine the Non-FLS Generator described in Paragraph 60 of the Lease requires replacement, Landlord shall give written notice to Tenant shall have within thirty (30) days of notice of the right necessity to replace the generator and of Landlord’s election as to one the following: (but only i) not to replace the Non-FLS Generator; (ii) to replace the Non-FLS Generator with a smaller generator that will not generate excess power beyond the needs of Landlord for the Project; or (iii) to replace the Non-FLS Generator with one containing equivalent rated capacity or greater capacity to the extent permitted by generator being replaced.
(b) Should the City Non-FLS Generator described in Paragraph 60 of Menlo Park the Lease cease to operate, Landlord shall give written notice to Tenant within ten (10) days of the failure of the generator, and all agencies of Landlord’s election as to one the following: (i) not to replace the Non-FLS Generator; (ii) to replace the Non-FLS Generator with a smaller generator that will not generate excess power beyond the needs of Landlord for the Project; or (iii) to replace the Non-FLS Generator with one containing equivalent rated capacity or greater capacity to the generator being replaced.
(c) If Landlord elects in the written notice to Tenant the option under either Paragraph 6(a)(i) or (ii) Paragraph 6(b)(i) or (ii) of this Second Amendment, Tenant may install a replacement generator of its own in the location denoted on Exhibit “B – 2nd Amendment”, attached hereto, or such other location as Landlord and governmental authorities having jurisdiction thereof)Tenant may mutually agree upon. If Tenant elects to install a replacement generator, it shall be at Tenant’s sole cost and expense, to maintain and operate the currently existing emergency generator, UPS battery systems and related appurtenances (collectively, the “Generator Equipment”) provisions governing Alterations set forth in the location such Generator Equipment is currently located Lease shall apply, including the following: (“Equipment Area”), provided:
(ai) Tenant shall obtain submit to Landlord for approval prior to installation the plans and specifications setting forth a description of the proposed replacement generator to be installed and other provisions of installation; (ii) Tenant shall be solely responsible for obtaining any and all permits from governmental authority requisite to installation of the replacement generator; (iii) Tenant shall coordinate the actual installation, including the tie-in to existing Building Systems, with Landlord’s prior written consent before making ; and (iv) Tenant shall repair any modifications damage to the Equipment Area.
(b) No additional Base Rent shall be paid Project occurring by reason of the installation of the replacement generator. Notwithstanding anything to the contrary, any installation of the replacement generator by Tenant for use of must not adversely affect the Equipment Area Building Systems or Generator Equipment; providedBuilding Structure. Once Tenant installs such replacement generator, Tenant shall be solely responsible for the costs to pay for all utilities, including without limitation, electricity, used in connection operate and maintain the replacement generator during the Term. The provisions of the Lease associated with the Non-FLS Generator Equipment or Equipment Area.
(c) The Generator Equipment shall remain apply to any replacement Non-FLS Generator, except for purposes of the property of Landlord and Tenant shall not remove the Generator Equipment upon the expiration or earlier termination of this Lease. Prior to expiration or earlier termination of this Lease, Landlord may require that any such replacement Non-FLS Generator installed by Tenant perform, at Tenant’s sole expense, pursuant to this Paragraph 6(c) shall be deemed to be an environmental site assessment reasonably acceptable to Landlord to determine the extent of any contamination and Tenant shall, at Tenant’s sole expense, clean up, removeAlteration, and remediate all Hazardous Substances that may have been caused by Tenant’s use of the Generator Equipmentnot a Non-removable Improvement.
(d) Each If Landlord elects the option under Paragraph 6(a)(iii) or Paragraph 6(b)(iii) of this Second Amendment, Landlord shall obtain bids with respect to the cost to replace the Non-FLS Generator with a generator of equivalent or greater power capacity and shall notify Tenant of the other provisions of this Lease shall be applicable to the Equipment Area and the use of the Generator Equipment by Tenant, including without limitation, Paragraphs 6, 7 and 8 of the Lease.
(e) Anything to the contrary contained herein notwithstanding, if, during the Term, as such Term may be extended, Landlord, in its reasonable judgment, believes that the Generator Equipment poses a human health or environmental hazard that cannot be remediated or has not been remediated within bids. Within ten (10) days after Tenant has been notified thereofreceipt of the last of the bids, then Landlord and Tenant shall immediately cease all operation review the bids and mutually select the generator to replace the Non-FLS Generator. Following selection, Landlord shall retain the contractor and replace the Non-FLS Generator with the replacement Non-FLS Generator on which the parties agreed. Following installation, Landlord shall send to Tenant copies of the Generator Equipment.
(f) Tenant shall not use the Generator Equipment, the Equipment Area or any other portion of the Industrial Center in any way which interferes with the use of the Industrial Center by Landlord, or other tenants or licensees of Landlord or any other occupant. Such interference shall be deemed a material breach by the Tenant under the Lease, and Tenant shall, within five (5) days of written notice from Landlord, be responsible for terminating said interference. In the event any such interference does not cease within five (5) days of Landlord’s written notice, Tenant acknowledges that continuing interference may cause irreparable injury and, Tenant shall immediately cease all operation of the Generator Equipment.
(g) Tenant shall indemnify, defend (by counsel reasonably acceptable to Landlord) and hold harmless Landlord and all of Landlord’s Entities from any and all claims, demands, losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) any of such Landlord’s Entities may suffer or incur arising out of or invoices related to the use, operation costs to purchase and maintenance install the replacement generator. Tenant shall reimburse to Landlord within thirty (30) days after delivery to Tenant the invoices a percentage of the Generator Equipment or any portion thereof cost to purchase and install the replacement generator in an amount equal to the percentage calculated by Tenant.
(h) Tenant shall maintain all reports, inventory and other records, test results, permits and all other data and information required under Applicable Requirements for the use, maintenance and operation taking ½ of the Generator Equipment, and upon request of Landlord, shall provide a copy of all such reports, records, test results and other information without cost or expense excess capacity (over the capacity allocated to Landlord). The parties hereto have executed this Lease at the place and on the dates specified below their respective signatures. AMB PROPERTY, L.P., a Delaware limited partnership PACIFIC BIOSCIENCES OF CALIFORNIA, INC., a Delaware corporation, dba Pac Bio, Inc. By: /s/ Xxxx Xxxxxx By: AMB PROPERTY CORPORATION, Its: President a Maryland corporation, its general partner Date: 12/16/10 By: /s/ Xxxxxxx Xxxxxx By: /s/ Xxxxxxx X. XxXxxxxx Its: Secretary Xxxxxxx X. XxXxxxxx Date: 12/16/10 Its: Date: Vice President, Regional Manager 12/17/10 Tenant’s Address: After the Commencement Date The Premises Address Prior to the Commencement Date AMB Property, L.P. c/o AMB Property Corporation Pier 1, Bay 1 San Francisco, California 94111 1360 Willow Road, Suite 100 Menlo Park, California 94025 If Tenant is a CORPORATIONThereafter, the authorized officers must sign on behalf cost of operating, maintaining and repairing the replacement Non-FLS Generator shall be included in Operating Expenses using a ratio whereby the numerator is the percentage of capacity used by Tenant of the corporation replacement Non-FSL Generator in and indicate the denominator is the total capacity in which they are signing. The Lease must be executed by the chairman of the board, president or vicereplacement non-president, and the secretary, assistant secretary, chief financial officer or any assistant treasurer, unless the bylaws or a resolution of the board of directors shall otherwise provide, in which event, the bylaws or a certified copy of the resolution, as the case may be, must be attached to this LeaseFSL Generator.
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Samples: Lease Agreement (Realpage Inc)
