Common use of Generator Clause in Contracts

Generator. (a) Subject to the satisfaction of all the conditions in this Section, Tenant shall have the right to install in an area designated by Landlord a back up diesel generator (the “Generator”). Tenant shall not be entitled to install such Generator (i) (A) if such installation would adversely affect (or in a manner that would adversely affect) the structure or any of the building systems of the Building, or (B) without Landlord’s prior written consent, if such installation would require (or in a manner that would require) any structural alteration to the Building, (ii) if such installation would violate (or in a manner that would violate) any applicable Federal, state or local law, rule or regulation, (iii) unless sufficient room therefor exists at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such Generator and such installation, (v) unless such Generator is appropriately screened, (vi) unless such Generator is installed, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant and approved in advance by Landlord, and (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be done. All plans and specifications concerning such installation shall be subject to Landlord’s prior written approval. (b) At all times during the Lease Term, Tenant shall maintain said Generator in good condition and in a manner that avoids interference with or disruption to Landlord and other tenants of the Building. At the expiration or earlier termination of the Lease Term (or if Tenant discontinues use of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from the Building if so elected by the Landlord when the Generator was installed. (c) Upon ten (10) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Generator, if in Landlord’s opinion such relocation is necessary or desirable. Any such relocation shall be performed by Tenant at Tenant’s expense, and in accordance with all of the requirements of this Section. (d) In granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Generator or its installation. If any Federal, state, county, regulatory or other authority requires the removal or relocation of such Generator, Tenant shall remove or ​ relocate such antenna at Tenant’s sole cost and expense, and Landlord shall under no circumstances be liable to Tenant therefor. (e) Tenant shall indemnify and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys’ fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from any act or omission with respect to the installation, use, operation, maintenance, repair or disassembly of such Generator and related equipment. The provisions of this Section 44(f) shall survive the expiration or sooner termination of this Lease.

Generator. (a) 56.1 Subject to the satisfaction of all the terms and conditions in this Sectionset forth below, Tenant shall have the right to install in an area designated by such location adjacent to the Building as Landlord a back up diesel generator (the “Generator”). and Tenant shall not be entitled reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to install such Generator provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) (A) if such installation would does not adversely affect (or in a manner that would adversely affect) the structure safety of the Building or any of warranty relating to the building systems of the Building, Building or (B) without Landlord’s prior written consent, if such installation would require (or adversely affect in a manner that would require) any material respect any structural alteration to component of the Building, (ii) if does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Applicable Laws, and (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: (i) Tenant shall obtain Landlord’s approval of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor approved by Landlord to undertake such installation would violate 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 (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, 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 directed 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 would violatethe UPS complies with all Applicable Laws, including any Environmental Requirements; (B) any applicable Federalcause engineers, state or local lawincluding environmental engineers, rule or regulation, (iii) unless sufficient room therefor exists at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted acceptable to Landlord copies of, 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 required by Landlord from time to time; and (E) maintain all permits and governmental approvals relating necessary for the operation of the UPS. Tenant shall immediately report to such Generator and such installationLandlord if Tenant determines that the UPS is not functioning properly, (v) unless such Generator is appropriately screenedleaking or is in violation of any Applicable Laws. At the end of the Term, (vi) unless such Generator is installedif requested by Landlord, Tenant, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant shall remove the UPS and approved restore the area in advance by Landlord, and (vii) unless Tenant obtains Landlord’s which it was located to its condition immediately prior consent to the manner in which such installation work is to be doneof the UPS. All plans and specifications concerning such installation shall be subject to Landlord’s prior written approval. (b) At all times during the Lease Term, Tenant shall maintain said Generator in good condition and in a manner that avoids interference with or disruption to Landlord and other tenants of the Building. At the expiration or earlier termination of the Lease Term (or if Tenant discontinues use of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from the Building if so elected by the Landlord when the Generator was installed. (c) Upon ten (10) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Generator, if in Landlord’s opinion such relocation is necessary or desirable. Any such relocation shall be performed by Tenant obtain at Tenant’s expense, expense all permits and in accordance with all of the requirements of this Sectiongovernmental approvals necessary for such removal. (d) In granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Generator or its installation. If any Federal, state, county, regulatory or other authority requires the removal or relocation of such Generator, Tenant shall remove or ​ relocate such antenna at Tenant’s sole cost and expense, and Landlord shall under no circumstances be liable to Tenant therefor. (e) Tenant shall indemnify and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys’ fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from any act or omission with respect to the installation, use, operation, maintenance, repair or disassembly of such Generator and related equipment. The provisions of this Section 44(f) shall survive the expiration or sooner termination of this Lease.

Generator. (a) Subject Tenant is hereby granted the right, subject to all applicable laws and the satisfaction requirements of all the conditions in this Section, Tenant shall have the right Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in an area designated by Landlord a back up diesel 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 shall not be entitled on a location on the Lot mutually agreeable to install such Generator Landlord and Tenant (ithe “Pad”) (A) if such installation would adversely affect (or in a manner that would adversely affect) and for the structure or any installation, operation and maintenance of the building systems of the Building, or (B) without Landlord’s prior written consent, if such installation would require (or in a manner that would require) any structural alteration to the Building, (ii) if such installation would violate (or in a manner that would violate) any applicable Federal, state or local law, rule or regulation, (iii) unless sufficient room therefor exists at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such Generator and such installation, (v) unless such Generator is appropriately screened, (vi) unless such Generator is installedGenerator, 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 qualified contractor chosen separate meter to be installed by and paid for by Tenant and approved in advance by Landlord, and (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be donebilled directly to Tenant. All plans The Generator, the Pad, the Generator Gas Line and specifications concerning such installation their installation, location, maintenance and operation shall be subject (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to Landlord’s prior written approval. or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) At all times during not unreasonably interfere with the Lease Term, Tenant shall maintain said Generator in good condition use and in a manner that avoids interference with or disruption to Landlord and enjoyment of other tenants of the Building. At the expiration or earlier termination of the Lease Term (or if Tenant discontinues use of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from their demised premises within the Building if so elected by or the Landlord when the Generator was installed. Project, (c) Upon ten (10) days’ prior written notice to Tenantnot void any Building warranty or guaranty, Landlord shall have or materially and adversely disturb or otherwise affect the right to require Tenant to relocate the Generator, if in Landlord’s opinion such relocation is necessary or desirable. Any such relocation shall be performed by Tenant at Tenant’s expense, and in accordance with all architectural integrity of the requirements of this Section. Building, (d) In granting Tenant the right hereunder, be approved in writing by Landlord makes no representation as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the legality benefit of such Generator persons or its installation. If entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, stateState, county, regulatory or other authority requires the removal or relocation of such Generator, county and municipal authorities having jurisdiction thereover. Tenant shall remove or ​ relocate such antenna at Tenant’s sole cost and expense, and Landlord shall under no circumstances be liable to Tenant therefor. (e) Tenant shall indemnify and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys’ fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out retain ownership of or resulting from any act or omission with respect to the installation, use, operation, maintenance, repair or disassembly of such Generator and related equipment. The provisions of this Section 44(f) shall survive following the expiration of the Term or sooner earlier termination of this Lease.

Generator. (ai) Subject to the satisfaction of all applicable provisions of this Lease and the conditions in this Section, and provided that Tenant complies with all applicable zoning and other applicable rules and regulations, Tenant shall have the license and with all necessary rights thereto, at Tenant’s own cost and expense (but at no additional rental, use or other fee) and subject to the terms of this Lease, to install, operate, maintain, repair, replace and upgrade a UPS generator and corresponding fuel tank (collectively, the “Generator”) in an area on the ground at the Building’s exterior adjacent to the Premises, such area to be approved in advance by Landlord in writing, which approval shall not be unreasonably withheld, conditioned, or delayed. Tenant shall be solely responsible for obtaining all necessary permits and licenses required to install and operate the Generator. Tenant shall provide copies of all such permits and licenses to Landlord. (ii) The size, location, design and manner of installation of the Generator and all related wiring shall be approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned, taking into account Tenant’s technical operating requirements. Tenant shall have the right at all times to access, install and maintain the Generator and shall have the right to install all reasonable wiring related thereto. At all times, Tenant must cause the Generator to be properly screened and enclosed (including all necessary containment fields) and properly vented as approved in an area designated advance by Landlord a back up diesel generator (the “Generator”)in writing, which approval shall not be unreasonably withheld, conditioned, or delayed. Tenant shall not be entitled permitted to install such Generator make any installation that (ia) (A) if such installation would adversely affect (or in a manner that would adversely affect) any building systems or the structure or any of the building systems Building, unless Landlord expressly approves such installation in writing, (b) would invalidate any warranty with respect to the structure of the Building, or (Bc) without Landlord’s prior written consent, if such installation would require (or in a manner that would require) any structural alteration to the Building, (ii) if such installation would violate (or in a manner that would violate) any applicable Federalfederal, state or local law, rule or regulation. Landlord shall not interfere with the operations of the Generator, including the use thereof, nor allow, cause, or permit other occupants of the Building to interfere with the Generator, including the use thereof. Tenant shall maintain such insurance (in addition to that required by Article 17 of this Lease) as is appropriate with respect to the installation, operation and maintenance of the Generator. (iii) unless sufficient room therefor exists at Tenant represents and warrants that the time installation, operation and maintenance of the proposed Generator will not (a) cause any damage to the structural portions of the Building, or (b) interfere with or disrupt the use or operation of any other equipment of the Building or of any other tenant. Tenant shall be responsible for repairing any damages or removing any such interference or disruption caused by the Generator or the installation, operation or maintenance thereof. (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such Generator and such installation, (v) unless such operation and maintenance of the Generator is appropriately screened, (vi) unless such Generator is installed, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant and approved in advance by Landlord, and (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be done. All plans and specifications concerning such installation shall be subject to Landlord’s prior written approval. (b) in accordance with all federal, state and local laws and regulations. At all times during the Lease Term, Tenant shall maintain said the Generator in clean, good condition and safe condition, in a manner that avoids interference with or disruption to Landlord and other tenants of the Building. (v) Tenant reserves the right to discontinue (on a temporary, intermittent or permanent basis) its use of the Generator at any time prior to the termination of this Lease or any renewal or extension thereof for any reason whatsoever. At the expiration or earlier termination of this Lease, or in the Lease Term (event removal is required by any federal, state or if Tenant discontinues use of such Generator)local regulatory authority, Tenant shallshall remove the Generator, upon written notice from Landlordat Tenant’s sole cost and expense, remove such Generator from and surrender the Building if so elected area occupied by same in good condition, ordinary wear and tear and unavoidable damage by the Landlord when elements excepted. If Tenant fails to so remove the Generator was installed. (c) Upon ten (10) days’ prior written notice to Tenantin accordance with the foregoing, Landlord shall have the right to require Tenant to relocate remove and dispose of the Generator, if in Landlord’s opinion such relocation is necessary or desirable. Any such relocation shall be performed by Tenant at Tenant’s expense, and in accordance with all of the requirements of this Section. (d) In granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Generator or its installation. If any Federal, state, county, regulatory or other authority requires the removal or relocation of such Generator, Tenant shall remove or ​ relocate such antenna at Tenant’s sole cost and expense, and Landlord shall under have no circumstances be liable to Tenant liability therefor. (evi) Any language in this Lease other than Section 19.1 notwithstanding, Landlord shall not be liable for, and Tenant shall indemnify indemnify, defend and hold Landlord harmless from and against against, any and all liability, damages (including but not limited to personal injury, death, or property damages), costs, damagesexpenses, claims, liabilities and expenses (including reasonable attorneys’ fees) suffered fees incurred by or claimed against LandlordLandlord arising from the Generator, directly or indirectly, based on, including those arising out of or resulting from any act or omission with respect to the installation, use, operationmaintenance and removal thereof, maintenanceexcept to the extent caused by the negligence or willful misconduct of Landlord. (vii) The Generator may be used by Tenant only to operate its telecommunications, repair or disassembly computer, lights and HVAC equipment within the Premises in the event of such Generator and related equipmenta power failure. The license granted under this Section 15.4 is transferable to a full or partial subtenant or assignee permitted pursuant to the provisions of Article 11; provided, however, that no assignee or subtenant shall have any rights pursuant to this Section 44(f) shall survive Section, combined with any rights maintained by Tenant in the expiration or sooner termination case of this Leasea partial sublease, greater than those rights originally conferred upon Tenant.

Generator. (a) 54.1 Subject to the satisfaction of all the terms and conditions in this Sectionset forth below, Tenant shall have the right to install in an area designated a location approved by Landlord adjacent to the Building, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a back up diesel generator (“UPS”) to provide uninterrupted power to certain equipment in the “Generator”). Tenant shall not be entitled to install such Generator Premises, provided that the UPS (i) (A) if such installation would does not adversely affect (or in a manner that would adversely affect) the structure safety of the Building or any of warranty relating to the building systems of the Building, Building or (B) without Landlord’s prior written consent, if such installation would require (or adversely affect in a manner that would require) any material respect any structural alteration to component of the Building, (ii) if does not adversely affect any electrical, mechanical or any other system of the Building or the functioning thereof; (iii) does not materially interfere with the operation of the Building or the provision of services or utilities to the Building; (iv) complies with all Laws, and (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. Notwithstanding the foregoing, no UPS powered by any source other than a battery shall be permitted in the Premises (it being expressly understood that there shall be no fuel storage or any UPS powered by fuel permitted in the Premises). Prior to the installation of the UPS by Tenant: (i) Tenant shall obtain Landlord’s approval (not to be unreasonably withheld, conditioned or delayed0 of the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the UPS; (iii) Tenant and the contractor reasonably approved by Landlord to undertake such installation would violate 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 (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, 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 Laws, including without limitation all Environmental Laws. Tenant shall ensure that the UPS does not materially 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 directed 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 would violatethe UPS complies with all Applicable Laws, including any Environmental Laws; (B) any applicable Federalcause engineers, state or local lawincluding environmental engineers, rule or regulation, (iii) unless sufficient room therefor exists at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted reasonably acceptable to Landlord copies of, 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; (E) maintain all permits and governmental approvals relating necessary for the operation of the UPS. Tenant shall immediately report to such Generator and such installationLandlord if Tenant determines that the UPS is not functioning properly, (v) unless such Generator is appropriately screenedleaking or is in violation of any Laws. At the end of the Term, (vi) unless such Generator is installedif requested by Landlord, Tenant, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant shall remove the UPS and approved restore the area in advance by Landlord, and (vii) unless Tenant obtains Landlord’s which it was located to its condition immediately prior consent to the manner in which such installation work is to be doneof the UPS. All plans and specifications concerning such installation shall be subject to Landlord’s prior written approval. (b) At all times during the Lease Term, Tenant shall maintain said Generator in good condition and in a manner that avoids interference with or disruption to Landlord and other tenants of the Building. At the expiration or earlier termination of the Lease Term (or if Tenant discontinues use of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from the Building if so elected by the Landlord when the Generator was installed. (c) Upon ten (10) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Generator, if in Landlord’s opinion such relocation is necessary or desirable. Any such relocation shall be performed by Tenant obtain at Tenant’s expense, expense all permits and in accordance with all of the requirements of this Sectiongovernmental approvals necessary for such removal. (d) In granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Generator or its installation. If any Federal, state, county, regulatory or other authority requires the removal or relocation of such Generator, Tenant shall remove or ​ relocate such antenna at Tenant’s sole cost and expense, and Landlord shall under no circumstances be liable to Tenant therefor. (e) Tenant shall indemnify and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys’ fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from any act or omission with respect to the installation, use, operation, maintenance, repair or disassembly of such Generator and related equipment. The provisions of this Section 44(f) shall survive the expiration or sooner termination of this Lease.

Generator. (a) Subject to the satisfaction of all the terms and conditions in this Sectionhereinafter set forth, Tenant shall have the right to install in an area designated by Landlord and maintain, at Tenant’s option, a back up portable or a permanent diesel powered electric generator and related equipment (the “Generator”). Tenant shall not be entitled to install such Generator (i) (A) if such installation would adversely affect (or in a manner that would adversely affect) on the structure or any land outside of the building systems Building as shown at a location designated on the Base Building Plans for the purpose of the Building, or (B) without Landlord’s prior written consent, if such installation would require (or in a manner that would require) any structural alteration providing auxiliary and/or emergency electric power to the Building, (ii) if such installation would violate (or in a manner that would violate) any applicable Federal, state or local law, rule or regulation, (iii) unless sufficient room therefor exists at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such Generator and such installation, (v) unless such Generator is appropriately screened, (vi) unless such Generator is installed, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant and approved in advance by Landlord, and (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be done. All plans and specifications concerning such installation shall be subject to Landlord’s prior written approvalPremises. (b) At all times during the Lease Term, Tenant shall maintain said Generator in good condition and in a manner that avoids interference with or disruption submit to Landlord for approval plans for the Generator (including connections and related equipment) which plans shall specify noise levels and the placement of a fence or other tenants of type barrier designed by Building architect to shield the Building. At the expiration or earlier termination of the Lease Term (or if Tenant discontinues use of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from the Building if so elected by the view. Landlord when the Generator was installedshall not unreasonably withhold or delay its approval for said plans. (c) Upon ten Tenant shall comply with all ordinances, codes and regulations regarding the Generator (10including the storage and handling of diesel fuel or other petroleum products) days’ prior written notice and shall obtain all permits therefor. Prior to commencing installation, Tenant shall provide Landlord with (i) copies of all required governmental and quasi-governmental permits, licenses and authorizations which Tenant will obtain at its own expense and which Tenant will maintain at all time during the operation of the Generator; and (ii) a certificate of insurance evidencing insurance coverage as required by this Lease and any other insurance reasonably required by Landlord for the installation and operation of the Generator. Landlord may withhold approval if the installation or operation of the Generator may damage the structural integrity of the Building, interfere with any Building systems, violate any applicable laws or otherwise become a nuisance. (d) All cost of installation, operation, maintenance and removal of the Generator shall be the obligation of Tenant, Landlord including the cost of repair for damage to any portion of the land or Building caused by such installation, operation, maintenance or removal. Tenant warrants and represents that (i) Tenant shall have repair in a good and workmanlike manner any damage to the right to require Tenant to relocate Property caused by the installation of the Generator, if in Landlord’s opinion such relocation is necessary (ii) the operation and maintenance of the Generator shall not cause interference with any mechanical or desirableother systems either located at or servicing the Property, and (iii) the installation, existence, maintenance and operation of the Generator shall not constitute a violation of any applicable laws, ordinances, rules, orders, regulations, etc. Any such relocation of any Federal, State, county and municipal authorities having jurisdiction thereover. The installation of the Generator shall be performed by Tenant at Tenant’s expense, made subject to and in accordance with all of the requirements provisions of this Sectionthe Lease. The contractors performing the installation of the Generator and/or performing any work on the Property shall be approved or designated by Landlord prior to the commencement of any work, which approval shall not be unreasonably withheld or delayed. (de) In granting Upon the expiration of the Term of the Lease or the earlier termination of the Lease or in the event Tenant desires to remove the right hereunder, Landlord makes no representation as to the legality of such Generator or its installation. If any Federal, state, county, regulatory or other authority requires the removal or relocation of such Generator, Tenant shall promptly remove the Generator and repair the portion of the land or ​ relocate such antenna at Building which was altered or damaged, if any, in connection with the installation, operation, maintenance or removal of the Generator and otherwise leave the area in which the Generator was installed in good condition and repair. If Tenant does not remove the Generator in the time and manner required, Tenant, after prior written notice to Tenant to remove said Generator and Tenant’s sole cost failure to do so within fifteen days of the date of Tenant’s receipt of such notice, hereby authorizes Landlord to take all reasonable measures to fulfill Tenant’s obligations hereunder and expense, to charge Tenant for all costs and Landlord shall under no circumstances be liable to Tenant thereforexpenses incurred. (ef) Tenant shall indemnify and hold Landlord harmless from any and against all costs, damages, claimsinjury, liabilities loss, liability, costs or claims (including, without limitation, court costs and expenses (including reasonable attorneys’ fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or indirectly resulting from any act or omission with respect to the installation, use, operation, maintenance, repair maintenance or disassembly removal of such Generator and related equipment. The provisions of this Section 44(f) shall survive the expiration or sooner termination of this LeaseGenerator.

Generator. Tenant may, at its sole expense (a) Subject which shall include any upgrades required to the satisfaction Building), with the prior approval of all the conditions in this SectionLandlord, Tenant shall have the right to install in an area designated by Landlord a back up diesel generator (the “Generator”). Tenant which approval shall not be entitled unreasonably withheld, install an exterior,10 KW, generator, on the Building’s roof, as well as and any related equipment, including necessary connections and wires (collectively the “Equipment”), for supplying back-up power to install the laboratory equipment in the Office Premises, at a location determined by Landlord. Landlord’s approval of such Generator (i) (A) if such installation would adversely affect (or in a manner that would adversely affect) Equipment is conditional upon the structure or any following: a. the Tenant shall provide the Landlord with all the specifications of the building systems of Equipment for the Building, or (B) without Landlord’s prior written consent, if such installation would require (or in review and approval for a manner that would require) any structural alteration to review by the Building, (ii) if such installation would violate (or in a manner that would violate) any applicable Federal, state or local law, rule or regulation, (iii) unless sufficient room therefor exists Landlord’s engineer. This engineering review shall be at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such Generator and such installation, (v) unless such Generator is appropriately screened, (vi) unless such Generator is installed, at Tenant’s sole cost cost; b. Tenant shall also be responsible for all costs related to the operation, maintenance and expense, by a qualified contractor chosen by repair of the Equipment; c. the Equipment shall be for the exclusive use of the Tenant and approved in advance shall not be used and or connected to by Landlord, and (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be done. All plans and specifications concerning such installation shall be subject to Landlord’s prior written approval. (b) At all times during the Lease Term, Tenant shall maintain said Generator in good condition and in a manner that avoids interference with any other tenant or disruption to Landlord and other tenants occupant of the Building. At Building nor shall it be used for the expiration generation or earlier termination sale of electricity; d. that all necessary work in respect of the Lease Term (or if Tenant discontinues use installation of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from the Building if so elected by the Landlord when the Generator was installed. (c) Upon ten (10) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Generator, if in Landlord’s opinion such relocation is necessary or desirable. Any such relocation Equipment shall be performed by Tenant at Tenant’s its expense. Prior to the commencement of any work, Tenant shall, at its sole expense, secure all necessary consents, permits and authorizations and deliver to Landlord a copy thereof immediately upon demand. Landlord does not warrant that any such consents, authorizations or permits will be obtained by Tenant; e. In the event that any competent authority having jurisdiction notifies Landlord or Tenant that the installation and operation of the Equipment is not in accordance with all any applicable laws, by laws, regulations and ordinances, Tenant shall proceed diligently in order to rectify the situation, in default of which, Tenant shall remove the requirements of this Section.Equipment in the shortest possible delay; (d) In granting f. that any damage whatsoever arising from the Equipment shall be Tenant’s sole responsibility and Tenant the right hereundershall hold harmless and indemnify Landlord from and against any damage or loss, howsoever termed or qualified, which Landlord makes no representation as may suffer pursuant to the legality of such Generator or its installation. If any Federalclaim, state, county, regulatory action or other authority requires form of legal proceedings and take up its defence against all claims, actions or other form of legal proceedings; g. that, should Landlord require the removal or relocation of such Generatorthe Equipment in order to proceed with improvements to the Building, Tenant shall remove or ​ relocate such antenna shall, at Tenant’s sole cost and expense, remove or relocate such Equipment to a location designated by Landlord; [*****] Confidential Information has been omitted and Landlord shall under no circumstances be liable to Tenant therefor. (e) Tenant shall indemnify filed separately with the Securities and hold Landlord harmless from and against all costs, damages, claims, liabilities and expenses (including reasonable attorneys’ fees) suffered by or claimed against Landlord, directly or indirectly, based on, arising out of or resulting from any act or omission Exchange Commission. Confidential treatment has been requested with respect to the installation, use, operation, maintenance, repair or disassembly of such Generator and related equipment. The provisions of this Section 44(f) shall survive the expiration or sooner termination of this Leaseomitted information.