Common use of Generator Clause in Contracts

Generator. 4.32.1 Notwithstanding anything to the contrary contained in the Rules and Regulations and subject to compliance with all applicable Governmental Requirements and the terms and conditions of this Lease, and provided that such installation shall not void any warranty applicable to the Building, Tenant shall have the non-exclusive right to install and maintain in the Tenant’s Generator Area (as defined below), at Tenant’s sole cost and expense, one (1) electrical generator (the “Generator”) and associated wiring and cabling (“Tenant’s Generator Rights”) on the condition that such Generator is specifically and exclusively for the use of The Endurance International Group, Inc. and any Permitted Transferee. At Tenant’s expense, Landlord shall make available Tenant’s Pro Rata Share of any conduit space in the vertical risers of the Building which the Landlord from time to time makes available to tenants of the Building for purposes of running wiring and cabling in order to connect Tenant’s Generator to the Premises. As used herein, “Tenant’s Generator Area” shall mean and refer to an area approved by Landlord on either the roof of the Building or in the loading dock area of the Building. No additional rental shall be payable in respect of the installation and use of the Generator and associated wiring and cabling. Landlord shall not make any representations or promises pertaining to the suitability of the Tenant’s Generator Area for Tenant’s use. Tenant, for the purpose of this paragraph and its right to access the Tenant’s Generator Area hereunder, shall accept the Tenant’s Generator Area in its “AS IS” condition.

Appears in 2 contracts

Samples: Gross Lease (Endurance International Group Holdings, Inc.), Gross Lease (Endurance International Group Holdings, Inc.)

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Generator. 4.32.1 Notwithstanding anything Landlord hereby grants Tenant the right to install, maintain and replace from time to time a back-up generator power system (hereinafter each a “Generator”) in a location to be mutually agreed upon by Tenant and Landlord on a rent free basis, subject to the contrary contained in following: (a) applicable governmental laws and all private declarations; (b) the Rules and Regulations and subject right of Landlord to supervise all installation; (c) compliance with the conditions of any bond or warranty maintained by Landlord on the Building; and (d) the Generator shall be screened if required by applicable Laws or documents of record. Tenant shall be responsible for the repair of any damage to any portion of the Building caused by Tenant’s installation, use or removal of Generator. The Generator shall remain the exclusive property of Tenant, and Tenant shall have the right to remove the Generator at any time during the term of the Lease so long as Tenant is not in default. Tenant shall protect, defend, indemnify and hold harmless Landlord from and against any and all applicable Governmental Requirements claims, damages, liabilities, costs or expenses of every kind and nature (including without limitation reasonable attorneys’ fees) imposed upon or incurred by or asserted against Landlord arising out of Tenant’s installation, maintenance, use or removal of the Generator. Other than access by Landlord or its contractors pursuant to the terms and conditions of this Lease, and provided that such installation shall not void any warranty applicable or access by companies providing utilities to the Building, Tenant shall have the non-exclusive right to install and maintain in the Tenant’s Generator Area (as defined below), at Tenant’s sole cost and expense, one (1) electrical generator (the “Generator”) and associated wiring and cabling (“Tenant’s Generator Rights”) on the condition that such Generator is specifically and exclusively for the use of The Endurance International Group, Inc. and any Permitted Transferee. At Tenant’s expense, Landlord shall make available Tenant’s Pro Rata Share of any conduit space in the vertical risers of the Building which the Landlord from time to time makes available to tenants of the Building for purposes of running wiring and cabling in order to connect Tenant’s Generator to the Premises. As used herein, “Tenant’s Generator Area” shall mean and refer to an area approved by Landlord on either the roof of the Building or in the loading dock area of the Building. No additional rental shall be payable in respect of the installation and use of the Generator and associated wiring and cabling. Landlord shall not make any representations grant third parties access or promises pertaining usage rights to the suitability Generator. Upon request by Landlord, Tenant agrees to execute Landlord’s Standard Generator License, the form of the Tenant’s Generator Area for Tenant’s use. Tenant, for the purpose of this paragraph and its right to access the Tenant’s Generator Area hereunder, shall accept the Tenant’s Generator Area in its which is attached hereto as EXHIBIT AS IS” conditionJ”.

Appears in 1 contract

Samples: Office Lease Agreement (Premiere Global Services, Inc.)

Generator. 4.32.1 4.30.1 Notwithstanding anything to the contrary contained in the Rules and Regulations and subject to compliance with all applicable Governmental Requirements and the terms and conditions of this Lease, and provided that such installation shall not void any warranty applicable to the Building, Tenant shall have the non-exclusive right to install and maintain in the Tenant’s 's Generator Area (as defined below), at Tenant’s 's sole cost and expense, one (1) electrical generator (the "Generator") and associated wiring and cabling ("Tenant’s 's Generator Rights") on the condition that such Generator is specifically and exclusively for the use of The Endurance International GroupLightbridge, Inc. Inc., and any Permitted Transfereeassignee or sublessee permitted hereunder, in the ordinary course of its business. At Tenant’s 's expense, Landlord shall make available Tenant’s 's Pro Rata Share of any conduit space in the vertical risers of the Building which the Landlord from time to time makes available to tenants of the Building for purposes of running wiring and cabling in order to connect Tenant’s 's Generator to the Premises. As used herein, "Tenant’s 's Generator Area” shall mean " means and refer refers to an area approved by Landlord on either the roof that portion of the Building or in the loading dock area of the Building. Building shown as "Tenant's Generator Area" on the plan attached hereto as Exhibit J. No additional rental shall be payable in respect of the installation and use of the Generator and associated wiring and cabling. Landlord shall has not make made any representations or promises pertaining to the suitability of the Tenant’s 's Generator Area for Tenant’s 's use. Tenant, for the purpose of this paragraph and its right to access the Tenant’s 's Generator Area hereunder, shall accept accepts the Tenant’s 's Generator Area in its "AS IS" condition.

Appears in 1 contract

Samples: Gross Lease (Lightbridge Inc)

Generator. 4.32.1 Notwithstanding anything Subject to Landlord's approval of the contrary contained plans therefor in the Rules and Regulations and subject to compliance accordance with all applicable Governmental Requirements and the terms and conditions of this Lease, and provided that such installation Tenant shall not void any warranty be responsible for ensuring that the same complies with all applicable to the Buildinglaws, Tenant rules and regulations, Tenant, at Tenant's expense, shall have the non-exclusive right to install install, maintain, repair and maintain in the Tenant’s Generator Area (as defined below)replace from time to time, at Tenant’s sole cost and expense, one (1) electrical generator the location outside the Building identified on Exhibit E attached hereto which will not exceed 200 square feet (the “Generator”"Generator Pad") one power generator, together with associated equipment and associated wiring fuel tanks, to provide primary or backup power, or both, to Tenant's equipment, and cabling (“Tenant’s Generator Rights”) on to integrate Building power into the condition that such Generator is specifically and exclusively generator. Tenant shall not be permitted to install or utilize any underground fuel or storage tank. Tenant will owe no additional rent for the use of The Endurance International Group, Inc. and any Permitted Transfereethe Generator Pad. At Tenant’s expense, Landlord shall make available provide to Tenant’s Pro Rata Share , at no additional charge, the right to utilize for the Term of any conduit this Lease, riser space as necessary to connect the generators to Tenant's equipment. Tenant shall construct an enclosure reasonably acceptable to Landlord to screen the generators. Tenant shall schedule periodic operation and maintenance of the generator only between the hours 5:00 p.m. and 8:00 p.m. (the "Maintenance Hours") and Tenant may only run the generator outside of the Maintenance Hours in the vertical risers event of the Building which the Landlord from time to time makes available to tenants of the Building for purposes of running wiring and cabling in order to connect Tenant’s Generator to the Premises. As used herein, “Tenant’s Generator Area” shall mean and refer to an area approved by Landlord on either the roof of the Building electric failure or outage in the loading dock area of Premises wherein the Building. No additional rental shall be payable in respect of the installation and use of the Generator generator is required. Tenant's maintenance, use and associated wiring and cabling. Landlord shall not make any representations or promises pertaining to the suitability operation of the Tenant’s Generator Area for Tenant’s use. Tenantgenerator shall at all times be in compliance with all applicable laws, for the purpose of this paragraph rules and its right regulations, including but not limited to access the Tenant’s Generator Area hereunder, shall accept the Tenant’s Generator Area noise restrictions contained in its “AS IS” conditionapplicable zoning ordinances.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

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Generator. 4.32.1 Notwithstanding anything Subject to the contrary contained in the Rules and Regulations provisions of this Section 44.1, and subject to compliance with all any restrictions imposed by Law or any applicable Governmental Requirements and the terms and conditions of this Lease, and provided that such installation shall not void any warranty applicable to the Buildingrestrictive covenants, Tenant shall have the non-exclusive right to install and maintain in the Tenant’s Generator Area (as defined below)right, at no additional Rent to install, maintain and operate a separate generator, conduit and cabling connecting same to the Premises and a gasoline line and/or propane storage tank, for Tenant’s sole use and purpose to be placed in a location selected by Tenant and approved by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. The installation, maintenance, operation and removal (including any damage to the Complex as a result thereof) of the generator shall be at the sole cost and expense of Tenant, and Landlord agrees that Tenant may use a portion of the Tenant Improvement Allowance to pay for the costs and expenses attributable solely to the concrete pads for the generator. The generator shall not become the property of Landlord, unless Tenant shall elect to abandon same in place. Subject to Section 48.1 below, Tenant shall indemnify, defend and hold Landlord harmless from and against any loss, cost, expense, one (1) electrical generator (the “Generator”) and associated wiring and cabling (“liability, claim or other action arising out of Tenant’s Generator Rights”installation, operation, utilization, replacement and maintenance and removal (including any damage to the Complex as a result thereof) on of such generator. Landlord represents, warrants and covenants to and with Tenant that (i) to the condition that such Generator is specifically and exclusively for best of Landlord’s knowledge, as of the date hereof there are no covenants, conditions, restrictions or other matters of record which prohibit or restrict, other than to a de minimis extent, the use of The Endurance International Group, Inc. an exterior or interior generator at the Complex and any Permitted Transferee. At Tenant’s expense, Landlord shall make available Tenant’s Pro Rata Share of any conduit space in the vertical risers of the Building which the Landlord from time to time makes available to tenants of the Building for purposes of running wiring and cabling in order to connect Tenant’s Generator to the Premises. As used herein, “Tenant’s Generator Area” shall mean and refer to an area approved by Landlord on either the roof of the Building or in the loading dock area of the Building. No additional rental shall be payable in respect of the installation and use of the Generator and associated wiring and cabling. (ii) Landlord shall not make suffer or permit any representations such covenants, conditions, restrictions or promises pertaining to other matters of record during the suitability of the Tenant’s Generator Area for Tenant’s use. Tenant, for the purpose of this paragraph and its right to access the Tenant’s Generator Area hereunder, shall accept the Tenant’s Generator Area in its “AS IS” conditionTerm.

Appears in 1 contract

Samples: Lease Agreement (Pfsweb Inc)

Generator. 4.32.1 Notwithstanding anything to the contrary contained in the Rules Tenant may install and Regulations operate, at its sole cost, expense and liability (but subject to compliance application of the New Allowance in accordance with the Work Letter), one generator with above ground tank for diesel fuel for the generator, all in accordance with the manufacturer’s specifications and requirements, applicable Governmental Requirements and the terms and conditions of this Leaselaws, and provided that such installation shall not void any warranty applicable to the Building, Tenant shall have the non-exclusive right to install and maintain in the Tenant’s Generator Area including without limitation Environmental Laws (as defined below), at Tenant’s sole cost in Section 28.7(a) of the Original Lease) and expense, one (1) electrical this Seventh Amendment. Tenant desire to locate the generator in the area show in Exhibit B to this Seventh Amendment (the “GeneratorProposed Generator Location”). The Proposed General Location is acceptable to Landlord, conditioned upon (i) Landlord’s review and approval of the final plans and specifications and the approval of all governmental authorities of such Proposed General Location, and (ii) no governmental authority imposing any obligation on Landlord to make any other improvements to the Industrial Complex. If any governmental authority disapproves of the Proposed General Location, any alternative location shall be subject to the reasonable approval Landlord. The, size, dimensions, type and capacity of the generator and ancillary equipment and related piping (the “Equipment”) and associated wiring and cabling (“Tenant’s Generator Rights”) on the condition that such Generator is specifically and exclusively for the use of The Endurance International Group, Inc. and any Permitted Transferee. At Tenant’s expense, Landlord shall make available Tenant’s Pro Rata Share of any conduit space in the vertical risers of the Building which the Landlord from time to time makes available to tenants of the Building for purposes of running wiring and cabling in order to connect Tenant’s Generator be subject to the Premisesapproval of Landlord. As used herein, “TenantLandlord’s Generator Area” shall mean and refer to an area approved by Landlord on either the roof of the Building or in the loading dock area of the Building. No additional rental shall be payable in respect approval of the installation and use of the Generator and associated wiring and cabling. Landlord Equipment shall not make be unreasonably withheld, conditioned or delayed, but any representations or promises pertaining such approval shall not be deemed consent by Landlord to the suitability installation of any other generator or tank or the right to engage in any other use of any Hazardous Materials (as defined in Section 28.7(a) of the Original Lease). Tenant shall not be required to pay any additional minimum guaranteed rental for the area where the Equipment is located and the calculation of Tenant’s Generator Area for Tenant’s use. Tenant, Proportionate Share shall not be increased for the purpose of this paragraph and its right to access area where the Tenant’s Generator Area hereunder, shall accept the Tenant’s Generator Area in its “AS IS” conditionEquipment is located.

Appears in 1 contract

Samples: Lease (Accuray Inc)

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