Common use of Generator Clause in Contracts

Generator. 56.1 Subject to the terms and conditions set forth below, Tenant shall have the 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 back-up 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 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 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 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 UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.

Appears in 2 contracts

Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Generator. 56.1 (a) Subject to the terms and satisfaction of all the conditions set forth belowin this Section, Tenant shall have the right to install in such location adjacent to an area designated by Landlord a back up diesel generator (the Building as Landlord and “Generator”). Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up generator and related fuel storage, cabling and equipment (collectively, a “UPS”) not be entitled to provide uninterrupted power to certain equipment in the Premises, provided that the UPS install such Generator (i) does not (A) if such installation would adversely affect (or in a manner that would adversely affect) the safety structure or any of the Building building systems of the Building, or any warranty relating to the Building (B) without Landlord’s prior written consent, if such installation would require (or adversely affect in any material respect a manner that would require) any structural component of alteration to the Building, (ii) does not adversely affect if such installation would violate (or in a manner that would violate) any electricalapplicable Federal, mechanical state or any other system of the Building local law, rule or the functioning thereof; regulation, (iii) does not interfere with unless sufficient room therefor exists at the operation time of the Building or the provision of services or utilities to the Building; proposed installation, (iv) complies with all Applicable Lawsunless 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 otherwise approved by Landlord in writing appropriately screened, (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 vi) unless 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 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 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 Generator 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 UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenantinstalled, at Tenant’s sole cost and expense, shall remove by a qualified contractor chosen by Tenant and approved in advance by Landlord, and (vii) unless Tenant obtains Landlord’s prior consent to the UPS and restore the area manner in which it was located such installation work is to its 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 immediately prior and in a manner that avoids interference with or disruption to the installation Landlord and other tenants of the UPSBuilding. 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 obtain 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 expense, and in accordance with all permits 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 governmental approvals necessary for 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 removalGenerator and related equipment. The provisions of this Section 44(f) shall survive the expiration or sooner termination of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Maxcyte, Inc.), Lease Agreement (Maxcyte, Inc.)

Generator. 56.1 54.1 Subject to the terms and conditions set forth below, Tenant shall have the right to install in such a location approved by Landlord adjacent to the Building as Landlord and Tenant shall reasonably and mutually agreeBuilding, at Tenant’s sole expense, one back-up 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 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 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. 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 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 RequirementsLaws. 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 the UPS complies with all Applicable Laws, including any Environmental RequirementsLaws; (B) cause engineers, including environmental engineers, reasonably acceptable to Landlord to inspect the UPS at least twice yearly to insure that such equipment is functioning properly and that no Hazardous Materials are emanating therefrom; (C) maintain the UPS in good order and repair; (D) maintain insurance coverages with respect thereto as are reasonably required by Landlord from time to time; and (E) maintain all permits and governmental approvals necessary for the operation of the UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost and expense, shall remove the UPS and restore the area in which it was located to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removal.

Appears in 1 contract

Sources: Lease Agreement (Talis Biomedical Corp)

Generator. 56.1 Subject to the terms and conditions set forth below, Tenant shall have the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agreemay, at Tenant’s its sole expense, one back-up generator and related fuel storage, cabling and equipment expense (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 which shall include any warranty relating to the Building or adversely affect in any material respect any structural component of the Building, (ii) 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 upgrades required to the Building; (iv) complies ), with all Applicable Lawsthe prior approval of Landlord, and (v) is otherwise approved by Landlord in writing (which approval shall not be unreasonably, unreasonably withheld, conditioned or delayedinstall 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”), including for supplying back-up power to the laboratory equipment in the Office Premises, at a location determined by Landlord. Landlord’s approval by of such Equipment is conditional upon the following: a. the Tenant shall provide the Landlord with all the specifications of the exact location, type, style, dimensions, weight, plans and installation procedures Equipment for the UPS Landlord’s review and approval for a structural review by the characteristics 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 type repair of fuel powering such UPSthe Equipment; c. the Equipment shall be for the exclusive use of the Tenant and shall not be used and or connected to by any other tenant or occupant of the Building nor shall it be used for the generation or sale of 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 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 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 Equipment is not in accordance with all Applicable Lawsany applicable laws, including without limitation all Environmental Requirements. by laws, regulations and ordinances, Tenant shall ensure 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 UPS does not interfere with any other equipment serving the Building or any portion thereof. At Equipment shall be Tenant’s sole costresponsibility 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 UPS shall be fully screened from view and sound removal or relocation of the Equipment in a manner directed by Landlord which may include without limitation order to proceed with improvements to the installation of an additional screening wall and sound baffling. Throughout the TermBuilding, 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 UPS. Tenant shall immediately report to Landlord if Tenant determines that the UPS is not functioning properly, is leaking or is in violation of any Applicable Laws. At the end of the Term, if requested by Landlord, Tenantshall, at Tenant’s sole cost and expense, shall remove or relocate such Equipment to a location designated by Landlord; [*****] Confidential Information has been omitted and filed separately with the UPS Securities and restore the area in which it was located Exchange Commission. Confidential treatment has been requested with respect to its condition immediately prior to the installation of the UPS. Tenant shall obtain at Tenant’s expense all permits and governmental approvals necessary for such removalthis omitted information.

Appears in 1 contract

Sources: Office Lease (Fluidigm Corp)

Generator. 56.1 (a) Subject to the terms and conditions hereinafter set forth belowforth, Tenant shall have the right to install in such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agreemaintain, at Tenant’s sole expenseoption, one back-up a portable or a permanent diesel powered electric generator and related fuel storage, cabling and equipment (collectively, a the UPSGenerator”) to provide uninterrupted power to certain equipment in on the Premises, provided that the UPS (i) does not adversely affect the safety land outside of the Building or any warranty relating as shown at a location designated on the Base Building Plans for the purpose of providing auxiliary and/or emergency electric power to the Building or adversely affect in any material respect any structural component of the Building, Premises. (ii) 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 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 (ivb) Tenant shall submit to Landlord for approval in its reasonable discretion, 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 shield the Generator from view. Landlord shall not unreasonably withhold or delay its approval for said plans. (c) Tenant shall comply with all ordinances, codes and regulations regarding the Generator (including the storage and 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 UPSGenerator, prepared by qualified engineers, showing all aesthetic, structural, mechanical (ii) the operation and electrical details maintenance of the UPSGenerator shall not cause interference with any mechanical or other systems either located at or servicing the Property, as well as all associated conduit and related equipment(iii) the installation, all existence, maintenance and operation of the Generator shall not constitute a violation of any applicable laws, ordinances, rules, orders, regulations, etc. of any Federal, State, county and municipal authorities having jurisdiction thereover. The installation of the Generator shall be made subject to and in accordance with all Applicable Laws, including without limitation all Environmental Requirementsof the provisions of the Lease. 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 contractors performing the installation of an additional screening wall and sound baffling. Throughout the TermGenerator 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 the Lease or in the event Tenant desires to remove the Generator, Tenant shall (A) ensure that promptly remove the UPS complies with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable to Landlord to inspect Generator and repair 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 portion of the UPS. Tenant shall immediately report to Landlord land or Building which was altered or damaged, if Tenant determines that any, in connection with the UPS is not functioning properlyinstallation, is leaking operation, maintenance or is in violation of any Applicable Laws. At the end removal of the Term, if requested by Landlord, Tenant, at Tenant’s sole cost Generator and expense, shall remove the UPS and restore otherwise leave the area in which it the Generator was located 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 its condition immediately prior Tenant to the installation remove said Generator and Tenant’s failure to do so within fifteen days of the UPS. 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 obtain at Tenant’s expense indemnify and hold Landlord harmless from any and all permits damages, injury, loss, liability, costs or claims (including, without limitation, court costs and governmental approvals necessary for such removalreasonable attorneys’ fees) directly or indirectly resulting from the installation, operation, maintenance or removal of the Generator.

Appears in 1 contract

Sources: Lease Agreement (Bazaarvoice Inc)

Generator. 56.1 (i) Subject to the terms satisfaction of all applicable provisions of this Lease and the conditions set forth belowin 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 such location adjacent to the Building as Landlord and Tenant shall reasonably and mutually agree, at Tenant’s sole expense, one back-up 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 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 advance by Landlord in writing (writing, which approval shall not be unreasonably, unreasonably withheld, conditioned 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 approval by Landlord the use thereof, nor allow, cause, or permit other occupants of the exact locationBuilding to interfere with the Generator, type, style, dimensions, weight, plans and installation procedures for including the UPS and the characteristics and type use thereof. Tenant shall maintain such insurance (in addition to that required by Article 17 of fuel powering such UPS. Prior this Lease) as is appropriate with respect to the installation installation, operation and maintenance 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; Generator. (iii) Tenant represents and warrants that the contractor approved 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 Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require andthe Generator or the installation, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and operation or maintenance thereof. (iv) Tenant shall submit to Landlord for approval in its reasonable discretionTenant’s installation, plans for the installation operation and maintenance 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 Generator shall be in accordance with all Applicable Lawsfederal, 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 thereofstate and local laws and regulations. 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 all times during the Term, Tenant shall (A) ensure maintain the Generator in clean, good and safe condition, in a manner that the UPS complies avoids interference with all Applicable Laws, including any Environmental Requirements; (B) cause engineers, including environmental engineers, acceptable or disruption 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 other tenants of the UPS. Building. (v) Tenant shall immediately report reserves the right to Landlord if Tenant determines that discontinue (on a temporary, intermittent or permanent basis) its use of the UPS is not functioning properly, is leaking Generator at any time prior to the termination of this Lease or is in violation of any Applicable Lawsrenewal or extension thereof for any reason whatsoever. At the end expiration or earlier termination of this Lease, or in the Termevent removal is required by any federal, if requested by Landlordstate or local regulatory authority, TenantTenant shall remove the Generator, at Tenant’s sole cost and expense, shall 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 UPS Generator in accordance with the foregoing, Landlord shall have the right to remove and restore the area in which it was located to its condition immediately prior to the installation dispose of the UPS. Tenant shall obtain Generator, at Tenant’s expense 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 shall indemnify, defend and hold Landlord harmless from and against, any and all permits liability, damages (including but not limited to personal injury, death, or property damages), costs, expenses, and governmental approvals necessary for such removalattorneys’ fees incurred by Landlord arising from the Generator, including those arising from the installation, use, maintenance and 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 have any rights pursuant to this Section, combined with any rights maintained by Tenant in the case of a partial sublease, greater than those rights originally conferred upon Tenant.

Appears in 1 contract

Sources: Deed of Lease (Xo Holdings Inc)