Common use of Generator Clause in Contracts

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

Generator. 56.1 Subject to the terms and conditions set forth below, Tenant is hereby granted shall have the right, subject to all applicable laws and the requirements of this Section 27 right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one (1) back-up gas fired generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not more than 130 KV 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 capacitywriting (which approval shall not be unreasonably, together 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 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 appurtenances 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 wiring 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 the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable UPS. Tenant shall immediately report to Landlord to be constructed by if Tenant on a location on determines that the Lot mutually agreeable to Landlord and Tenant (UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the “Pad”) and for the installation, operation and maintenance end of the GeneratorTerm, if requested by Landlord, Tenant, at Tenant’s sole cost and expense. Tenant acknowledges , shall remove the UPS and agrees that restore the area in which it shall be solely responsible for all costs was located to be incurred for its condition immediately prior to the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereoverUPS. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Leaseobtain at Tenant’s expense all permits and governmental approvals necessary for such removal.

Generator. 54.1 Subject to the terms and conditions set forth below, Tenant is hereby granted shall have the right, subject to all applicable laws and the requirements of this Section 27 right to install in a location approved by Landlord adjacent to the Building, at Tenant’s sole expense, one (1) back-up gas fired generator and related fuel storage, cabling and equipment (collectively, a “UPS”) to provide uninterrupted power to certain equipment in the Premises, provided that the UPS (i) does not adversely affect the safety of the Building or any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) does not more 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 130 KV a battery shall be permitted in capacitythe 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, together 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 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 appurtenances 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 wiring 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 the UPS complies with all Applicable Laws, including any Environmental Laws; (B) cause engineers, including environmental engineers, reasonably acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are reasonably required by Landlord from time to time; (E) maintain all permits and governmental approvals necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable UPS. Tenant shall immediately report to Landlord to be constructed by if Tenant on a location on determines that the Lot mutually agreeable to Landlord and Tenant (UPS is not functioning properly, is leaking or is in violation of any Laws. At the “Pad”) and for the installation, operation and maintenance end of the GeneratorTerm, if requested by Landlord, Tenant, at Tenant’s sole cost and expense. Tenant acknowledges , shall remove the UPS and agrees that restore the area in which it shall be solely responsible for all costs was located to be incurred for its condition immediately prior to the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereoverUPS. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Leaseobtain at Tenant’s expense all permits and governmental approvals necessary for such removal.

Generator. (i) Subject to the satisfaction of all applicable provisions of this Lease and the conditions in this Section, and provided that Tenant is hereby granted complies with all applicable zoning and other applicable rules and regulations, Tenant shall have the rightlicense 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 all applicable laws and the requirements terms of this Section 27 Lease, to install one install, operate, maintain, repair, replace and upgrade a UPS generator and corresponding fuel tank (1) back-up gas fired generator of not more than 130 KV in capacitycollectively, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) in an area on a concrete pad that will not exceed four (4) feet by twelve (12) feet the ground at the Building’s exterior adjacent to the Premises, such area to be enclosed approved in advance by appropriate screening Landlord in writing, which approval shall not be unreasonably withheld, conditioned, or delayed. Tenant shall be solely responsible for obtaining all necessary permits and landscaping acceptable licenses required to Landlord 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 constructed by unreasonably withheld, delayed or conditioned, taking into account Tenant’s technical operating requirements. Tenant on a location on shall have the Lot mutually agreeable right at all times to Landlord 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 (the “Pad”including all necessary containment fields) and for properly vented as approved in advance by Landlord in writing, which approval shall not be unreasonably withheld, conditioned, or delayed. Tenant shall not be permitted to make any installation that (a) would adversely affect (or in a manner that would adversely affect) any building systems or the structure of the Building, unless Landlord expressly approves such installation in writing, (b) would invalidate any warranty with respect to the structure of the Building, or (c) would violate any applicable federal, 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) Tenant represents and warrants that the installation, operation and maintenance of the 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) Tenant’s installation, operation and maintenance of the Generator shall be in accordance with all federal, state and local laws and regulations. At all times during the Term, Tenant shall maintain the Generator in clean, good 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 event removal is required by any federal, state or local regulatory authority, Tenant shall remove the Generator, at Tenant’s sole cost and expense, and surrender the area occupied by same in good condition, ordinary wear and tear and unavoidable damage by the elements excepted. If Tenant fails to so remove the Generator in accordance with the foregoing, Landlord shall have the right to remove and dispose of the Generator, at Tenant’s sole cost and expense. , and Landlord shall have no liability therefor. (vi) Any language in this Lease other than Section 19.1 notwithstanding, Landlord shall not be liable for, and Tenant acknowledges shall indemnify, defend and agrees that it shall be solely responsible for hold Landlord harmless from and against, any and all costs liability, damages (including but not limited to be personal injury, death, or property damages), costs, expenses, and attorneys’ fees incurred for by Landlord arising from the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, including those arising from the Pad, the Generator Gas Line and their installation, locationuse, maintenance and operation removal thereof, except 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, computer, lights and HVAC equipment within the Premises in the event of a 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 (a) not cause have any unreasonable interference rights pursuant to this Section, combined with any telecommunicationrights maintained by Tenant in the case of a partial sublease, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other greater than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership of the Generator following the expiration of the Term or earlier termination of this Leasethose rights originally conferred upon Tenant.

Generator. (a) Subject to the terms and conditions hereinafter set forth, Tenant is hereby granted shall have the right, subject to all applicable laws and the requirements of this Section 27 right to install one (1) back-up gas fired and maintain, at Tenant’s option, a portable or a permanent diesel powered electric generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator related equipment (the “Generator”) on the land outside of the Building as shown at a concrete pad that will not exceed four location designated on the Base Building Plans for the purpose of providing auxiliary and/or emergency electric power to the Premises. (4b) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable Tenant shall 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 type barrier designed by Building architect to be constructed by shield the Generator from view. Landlord shall not unreasonably withhold or delay its approval for said plans. (c) Tenant on a location on shall comply with all ordinances, codes and regulations regarding the Lot mutually agreeable to Landlord Generator (including the storage and Tenant (the “Pad”handling of diesel fuel or other petroleum products) 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, 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 repair in a good and workmanlike manner any damage to the Property caused by the installation of the Generator, (ii) the operation and maintenance of the Generator, at Tenant’s sole cost and expense. Tenant acknowledges and agrees that it shall be solely responsible for all costs to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by not cause interference with any mechanical or other systems either located at or servicing the Property, and paid for by Tenant and to be billed directly to Tenant. The Generator, (iii) the Pad, the Generator Gas Line and their installation, locationexistence, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or Project), (b) not unreasonably interfere with the use and enjoyment of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and location, which approval Generator shall not be unreasonably withheld, conditioned or delayed, (e) not be used for the benefit of persons or entities other than Tenant or (f) not constitute a violation of any applicable laws, ordinances, rules, orders or regulations orders, regulations, etc. of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership The installation of the Generator following shall be made subject to and in accordance with all of the provisions of the 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. (e) Upon the expiration of the Term of the Lease or the earlier termination of this Leasethe Lease or in the event Tenant desires to remove the Generator, Tenant shall promptly remove the Generator and repair the portion of the land or 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 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 to charge Tenant for all costs and expenses incurred. (f) Tenant shall indemnify and hold Landlord harmless from any and all damages, injury, loss, liability, costs or claims (including, without limitation, court costs and reasonable attorneys’ fees) directly or indirectly resulting from the installation, operation, maintenance or removal of the Generator.

Generator. Tenant is hereby granted the right, subject to all applicable laws and the requirements of this Section 27 to install one (1) back-up gas fired generator of not more than 130 KV in capacity, together with appurtenances and wiring as necessary for the operation of the generator (the “Generator”) on a concrete pad that will not exceed four (4) feet by twelve (12) feet to be enclosed by appropriate screening and landscaping acceptable to Landlord to be constructed by Tenant on a location on the Lot mutually agreeable to Landlord and Tenant (the “Pad”) and for the installation, operation and maintenance of the Generatormay, at Tenant’s its sole cost and expense. Tenant acknowledges and agrees that it expense (which shall be solely responsible for all costs include any upgrades required to be incurred for the installation of any natural gas line to service Generator (the “Generator Gas Line”). The gas usage for the Generator shall be measured by a separate meter to be installed by and paid for by Tenant and to be billed directly to Tenant. The Generator, the Pad, the Generator Gas Line and their installation, location, maintenance and operation shall (a) not cause any unreasonable interference with any telecommunication, mechanical or other systems at the Building or Project (whether belonging to or utilized by Landlord or any other tenant or occupant of the Building or ProjectBuilding), (b) not unreasonably interfere with the use and enjoyment prior approval of other tenants of their demised premises within the Building or the Project, (c) not void any Building warranty or guaranty, or materially and adversely disturb or otherwise affect the architectural integrity of the Building, (d) be approved in writing by Landlord as to material and locationLandlord, which approval shall not be unreasonably withheld, conditioned 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 the laboratory equipment in the Office Premises, at a location determined by Landlord. Landlord’s approval of such Equipment is conditional upon the following: a. the Tenant shall provide the Landlord with all the specifications of the Equipment for the Landlord’s review and approval for a structural review by the Landlord’s engineer. This engineering review shall be at the Tenant’s sole cost; b. Tenant shall also be responsible for all costs related to the operation, maintenance and repair of the Equipment; c. the Equipment shall be for the exclusive use of the Tenant and shall not be used and or delayed, (e) not connected to by any other tenant or occupant of the Building nor shall it be used for the benefit generation or sale of persons electricity; d. that all necessary work in respect of the installation of the Equipment shall be performed by Tenant at 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 entities other than permits will be obtained by Tenant; e. In the event that any competent authority having jurisdiction notifies Landlord or Tenant or (f) that the installation and operation of the Equipment is not constitute a violation of in accordance with any applicable laws, by laws, regulations and ordinances, rules, orders or regulations of any Federal, State, county and municipal authorities having jurisdiction thereover. Tenant shall retain ownership proceed diligently in order to rectify the situation, in default of which, Tenant shall remove the Equipment in the shortest possible delay; f. that any damage whatsoever arising from the Equipment shall be Tenant’s sole responsibility and Tenant shall hold harmless and indemnify Landlord from and against any damage or loss, howsoever termed or qualified, which Landlord may suffer pursuant to any claim, action or other 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 the Generator following Equipment in order to proceed with improvements to the expiration of Building, Tenant shall, at Tenant’s expense, remove or relocate such Equipment to a location designated by Landlord; [*****] Confidential Information has been omitted and filed separately with the Term or earlier termination of Securities and Exchange Commission. Confidential treatment has been requested with respect to this Leaseomitted information.