Generator. (a) During the Term, as the same may be extended, Landlord shall install a new 900kW emergency generator by December 31, 2017, and thereafter maintain in operable condition during the Term, test and monitor an emergency generator pursuant to mutually agreeable specifications (the “Emergency Generator”) in accordance with a NFPA 101 standard, and the Municipal Code of the City of Des Moines. Landlord shall provide Tenant with copies of any monitoring and / or testing results upon reasonable request at reasonable intervals. Landlord acknowledges that Tenant shall be permitted to utilize up to 350kW of the capacity of the Emergency Generator for its needs, but shall not exceed that capability without Landlord’s prior approval and coordination. Landlord will monitor Tenant’s use through a demand meter. Landlord may utilize a portion of the capacity of the Emergency Generator for the needs of the Building (i.e. life safety), provided however, that no such use shall overburden the Emergency Generator or interfere with Tenant’s utilization of the Emergency Generator. The intent of design is to provide enough generator capacity to support Tenant load and Fire Life Safety requirements. (b) Tenant acknowledges that, provided that no other tenants of the Building have the right to utilize the Emergency Generator, thirty-nine percent (39%) of the Emergency Generator’s operation, maintenance and repair costs shall be allocated to Tenant as a Building Operating Expense. Tenant will pay its pro rata share of the remaining sixty-one percent (61%) of the Emergency Generator’s operation, maintenance and repair costs associated with Building Fire Life Safety requirements in accordance with the provisions of Section 7. If Landlord allocates Emergency Generator capacity to other tenants, then Tenant’s pro rata share will be adjusted accordingly. Notwithstanding the foregoing, Tenant shall always be allocated a minimum of 350kW. (c) Costs allocated between Tenant and Landlord will be for Emergency Generator design, acquisition and installation including distribution panel(s) for Tenant’s transfer switches, if necessary (assuming the Emergency Generator infrastructure is not duplicative with the infrastructure already supported in the Building), it being understood and agreed that Tenant transfer switch(s), distribution panels, feeders and branch circuits, if required, will be Tenant’s sole cost and expense and Tenant will not be allocated any of Landlord’s cost of transfer switches, distribution panels, feeders and branch circuits, or distribution panels solely used by Landlord except for one feeder breaker in Landlord’s Emergency Distribution Panel. Allocated costs will also include cost of load management system to shed Tenant’s load in order to maintain fire/life safety requirements if required by City of Des Moines or MidAmerican Energy Company. Tenant agrees to reimburse Landlord for all costs to acquire and install the Emergency Generator based on the formula below, based on the expected life of the generator (which life shall be no less than fifteen (15) years) prorated to Tenant’s lease term as may be extended and prorated to Tenant’s requirements versus the Building requirements. By way of example only, Tenant Emergency Generator use requirements are 350kW and the Building Emergency Generator capacity is 900kW, Tenant’s proportionate use of the Emergency Generator is calculated as a fraction, the numerator of which is Tenant Emergency Generator requirements and the denominator of which will be the Building Emergency Generator capacity (350kW/900kW = 0.39). Therefore, in this example, Tenant’s proportionate use of the generator capacity is 39%. The amortized cost of the generator shall be calculated by a fraction, the numerator of which shall be the cost of the Emergency Generator, which we will say by way of example is $1,350,000.00, and the denominator of which is the estimated life of the Emergency Generator, which we will say is 15 years ($1,350,000.00/15 years = $90,000.00). Therefore, the total Emergency Generator amortization in this example equals $90,000.00 per year for total Emergency Generator amortization. Finally, Tenant’s annual share would be determined by multiplying Tenant’s proportionate use of the Emergency Generator by the generator amortization (39%*$90,000.00 = $35,100.00) equaling, in this example, a total share of $35,100.00 owed by Tenant. (d) Landlord does hereby grant Tenant the right to and through building chases and electrical spaces and other spaces as may be mutually agreed upon to route appropriate emergency power feeders together with distribution panels, transfer switches and associated generator and transfer switch control wiring to Tenant’s Premises. (e) Landlord shall conduct all required Emergency Generator testing on weekends, outside of normal Building hours and upon prior notice to, and coordination with Tenant, so as not to disrupt Tenant’s business operations. Landlord shall not conduct tests of the Emergency Generator without prior coordination with Tenant. Any testing required of Tenant’s emergency system, including transfer switches, will be conducted by Landlord with Tenant prior coordination and approval. Tenant shall not have access to the Emergency Generator at any time unless accompanied by Landlord, which escort shall be reasonably provided upon request.
Appears in 1 contract
Samples: Standard Office Lease (VOYA INSURANCE & ANNUITY Co)
Generator. Tenant may locate one (a1) During the Term, as the same may be extended, Landlord shall install a new 900kW emergency back-up generator by December 31, 2017, and thereafter maintain in operable condition during the Term, test and monitor an emergency generator pursuant to mutually agreeable specifications (the “Emergency Tenant’s Generator”) in accordance with a NFPA 101 standardlocation adjacent to the Premises. The type, size and the Municipal Code exact location of the City of Des Moines. Landlord shall provide Tenant with copies of any monitoring and / or testing results upon reasonable request at reasonable intervals. Landlord acknowledges that Tenant Tenant’s Generator shall be permitted subject to utilize up to 350kW of the capacity of the Emergency Generator for its needs, but shall not exceed that capability without Landlord’s prior approval and coordinationapproval, which shall not be unreasonably withheld, conditioned, or delayed. Landlord will monitor It is anticipated that Tenant’s use through a demand meter. Generator shall be located in the location identified on Exhibit F attached hereto as Generator Location, and Landlord may utilize a portion hereby approves the location of the capacity of the Emergency Generator for the needs of the Building (i.e. life safety), provided however, that no such use shall overburden the Emergency Generator or interfere with Tenant’s utilization of the Emergency Generator. The intent of design is to provide enough generator capacity to support Tenant load and Fire Life Safety requirements.
(b) Tenant acknowledges that, provided that no other tenants of the Building have the right to utilize the Emergency Generator, thirty-nine percent (39%) of the Emergency Generator’s operation, maintenance and repair costs shall be allocated to Tenant as a Building Operating ExpenseGenerator within such location. Tenant will pay its pro rata share of the remaining sixty-one percent (61%) of the Emergency Generator’s operation, maintenance and repair costs associated with Building Fire Life Safety requirements in accordance with the provisions of Section 7. If Landlord allocates Emergency Generator capacity to other tenants, then shall maintain Tenant’s pro rata share will be adjusted accordingly. Notwithstanding the foregoing, Tenant shall always be allocated a minimum of 350kW.
(c) Costs allocated between Tenant and Landlord will be for Emergency Generator design, acquisition and installation including distribution panel(s) for Tenant’s transfer switches, if necessary (assuming the Emergency Generator infrastructure is not duplicative with the infrastructure already supported in the Building), it being understood and agreed that Tenant transfer switch(s), distribution panels, feeders and branch circuits, if required, will be at Tenant’s sole cost in good working order, condition and expense repair. Tenant’s Generator shall be maintained at the sole risk of Tenant and shall be subject to applicable law and such reasonable rules and regulations from time to time provided by Landlord. Upon Landlord’s request, Tenant will shall promptly relocate, temporarily or permanently, Tenant’s Generator. Landlord shall reimburse Tenant for the reasonable out of pocket cost of relocating Tenant’s Generator if such relocation is performed at the request of Landlord. Tenant’s Generator shall not be allocated interfere with the use and operation of the Building. To the extent that Tenant’s Generator shares facilities with any Building system, Tenant shall pay the incremental costs of such facilities in excess of the costs that Landlord would incur but for such sharing within thirty (30) days of Landlord’s cost demand. Upon Landlord’s request, Tenant shall provide sound and visual screening of transfer switchesTenant’s Generator reasonably acceptable to Landlord and shall secure and protect, distribution panels, feeders and branch circuits, or distribution panels solely used by Landlord except for one feeder breaker to the extent necessary in Landlord’s Emergency Distribution Panel. Allocated costs will also include cost of load management system to shed determination, Tenant’s load in order Generator from vehicular traffic. Tenant shall be required to maintain fire/life safety requirements if required by City remove Tenant’s Generator upon expiration or sooner termination of Des Moines or MidAmerican Energy Companythis Lease and repair all damage resulting from such removal and restore any damage caused thereby. Tenant agrees to reimburse Landlord for all costs to acquire and install the Emergency Generator based on the formula below, based on the expected life of the generator (which life shall be no less than fifteen (15) years) prorated to that Tenant’s lease term as may Generator shall only be extended and prorated to Tenant’s requirements versus used for back up purposes in the Building requirements. By way event of example only, Tenant Emergency Generator use requirements are 350kW and the Building Emergency Generator capacity is 900kW, Tenant’s proportionate use of the Emergency Generator is calculated as a fraction, the numerator of which is Tenant Emergency Generator requirements and the denominator of which will be the Building Emergency Generator capacity (350kW/900kW = 0.39). Therefore, in this example, Tenant’s proportionate use of the generator capacity is 39%. The amortized cost of the generator shall be calculated by a fraction, the numerator of which shall be the cost of the Emergency Generator, which we will say by way of example is $1,350,000.00, and the denominator of which is the estimated life of the Emergency Generator, which we will say is 15 years ($1,350,000.00/15 years = $90,000.00). Therefore, the total Emergency Generator amortization in this example equals $90,000.00 per year for total Emergency Generator amortization. Finally, Tenant’s annual share would be determined by multiplying Tenant’s proportionate use of the Emergency Generator by the generator amortization (39%*$90,000.00 = $35,100.00) equaling, in this example, a total share of $35,100.00 owed by Tenant.
(d) Landlord does hereby grant Tenant the right to and through building chases and electrical spaces and other spaces as may be mutually agreed upon to route appropriate emergency power feeders together with distribution panels, transfer switches and associated generator and transfer switch control wiring to Tenant’s Premises.
(e) Landlord shall conduct all required Emergency Generator testing on weekends, outside of normal Building hours and upon prior notice to, and coordination with Tenant, so as not to disrupt Tenant’s business operations. Landlord shall not conduct tests of the Emergency Generator without prior coordination with Tenant. Any testing required disruption of Tenant’s emergency system, including transfer switches, will be conducted by Landlord with Tenant prior coordination and approval. Tenant shall not have access to the Emergency Generator at any time unless accompanied by Landlord, which escort shall be reasonably provided upon requestprimary power source.
Appears in 1 contract
Samples: Lease Agreement (JetPay Corp)
Generator. (a) A. During the Term, as the same may be extended, Landlord shall install a new 900kW emergency generator by December 31, 2017, and thereafter maintain in operable condition during the Term, test and monitor an emergency generator pursuant to mutually agreeable specifications (the “Emergency Generator”) in accordance with a NFPA 101 standard, and the Municipal Code of the City of Des Moines. Landlord shall provide Tenant with copies of any monitoring and / or testing results upon reasonable request at reasonable intervals. Landlord acknowledges that Tenant shall be permitted to utilize up to 350kW of the capacity of the Emergency Generator for its needs, but shall not exceed that capability without Landlord’s prior approval and coordination. Landlord will monitor Tenant’s use through a demand meter. Landlord may utilize a portion of the capacity of the Emergency Generator for the needs of the Building (i.e. life safety), provided however, that no such use shall overburden the Emergency Generator or interfere with Tenant’s utilization of the Emergency Generator. The intent of design is to provide enough generator capacity to support Tenant load and Fire Life Safety requirements.
(b) Tenant acknowledges that, provided that no other tenants of the Building have the right to utilize install a supplemental generator (the Emergency "Generator") to provide emergency additional electrical capacity to the Premises and an above ground fuel tank (the "Tank") to provide fuel to such Generator. The Generator and Tank shall be placed at a location at the Project reasonably designated by Landlord (the "Generator Location"), thirty-nine percent (39%) provided that Landlord shall use its good faith efforts to designate a location as close to the Tenant's Premises as reasonably possible. In the event the Generator and/or Tank are located such that parking spaces are lost to accommodate the installation of the Emergency Generator’s operationGenerator and/or the Tank, maintenance and repair costs shall be then the number of parking spaces allocated to Tenant as pursuant to Exhibit F of the Lease shall be reduced on a Building Operating Expenseone for one basis for each space which is lost to accommodate the installation of the Generator and/or the Tank. Tenant's right to install the Generator and the Tank shall be subject to Landlord's reasonable approval of the manner in which the Generator and Tank are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator. Landlord shall have the right to require an enclosure acceptable to Landlord (e.g. wood fencing, concrete structure and/or landscaping) to hide or disguise the existence of the Generator and the Tank and to minimize any adverse effect that the installation of the Generator and the Tank may have on the appearance or operation of the Building, Property and Project. Tenant will pay its pro rata share shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator and the Tank. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the remaining sixty-one percent (61%) Generator. Notwithstanding anything herein to the contrary, if Tenant, after installation, removes the Generator and/or the Tank from the Generator Location for reasons other than the repair and replacement of the Emergency Generator’s operationGenerator or the Tank, maintenance Tenant's right to install the Generator and repair costs associated the Tank and to use the Generator Location shall be null and void.
B. Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Generator and the Tank will in no way damage the Building, Project or Property. Tenant agrees to be responsible for any damage caused to the Building, Project or Property in connection with Building Fire Life Safety requirements the installation, maintenance, operation or removal of the Generator and the Tank and, in accordance with the provisions terms of Section 7. If Article XIV of the Lease, to indemnify, defend and hold Landlord, its trustees, members, principals, beneficiaries, partners, officers, directors, employees, agents and mortgagees (collectively, the "Landlord allocates Emergency Related Parties") harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects' and attorneys' fees (if and to the extent permitted by law), which may be imposed upon, incurred by, or asserted against Landlord or any of the Landlord Related Parties in connection with the installation, maintenance, operation or removal of the Generator capacity to other tenantsand the Tank, then Tenant’s pro rata share will be adjusted accordingly. Notwithstanding the foregoingincluding, without limitation, any environmental and hazardous materials claims.
C. Tenant shall always be allocated responsible for the installation, operation, cleanliness, maintenance and removal of the Generator, Tank and appurtenances, all of which shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the termination of the Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator, Tank and appurtenance were attached. Such maintenance and operation shall be performed in a minimum of 350kW.
(c) Costs allocated between Tenant and Landlord will be for Emergency Generator design, acquisition and installation including distribution panel(s) for Tenant’s transfer switches, if necessary (assuming the Emergency Generator infrastructure is not duplicative manner to avoid any unreasonable interference with the infrastructure already supported in the Building), it being understood and agreed that Tenant transfer switch(s), distribution panels, feeders and branch circuits, if required, will be Tenant’s sole cost and expense and Tenant will not be allocated any of other tenants or Landlord’s cost of transfer switches, distribution panels, feeders and branch circuits, or distribution panels solely used by Landlord except for one feeder breaker in Landlord’s Emergency Distribution Panel. Allocated costs will also include cost of load management system to shed Tenant’s load in order to maintain fire/life safety requirements if required by City of Des Moines or MidAmerican Energy Company. Tenant agrees to reimburse maintain the Generator and the Tank, including without limitation, any enclosure installed around the Generator and Tank, in good condition and repair. Tenant shall enter into and keep and maintain in effect, service contracts reasonably acceptable to Landlord with contractors reasonably acceptable to Landlord for all costs to acquire and install the Emergency Generator based on the formula below, based on the expected life maintenance of the generator (which life Generator and the Tank, and Tenant shall submit to Landlord copies of all service records obtained, kept and/or maintained by Tenant in connection with the Generator and the Tank. Tenant shall be no less than fifteen (15) years) prorated responsible for performing any maintenance and improvements to any enclosure surrounding the Generator and/or the Tank so as to keep such enclosure in good condition.
D. Tenant’s lease term as may be extended , upon prior notice to Landlord and prorated subject to Tenant’s requirements versus the Building requirements. By way of example onlyreasonable rules and regulations enacted by Landlord, Tenant Emergency shall have unlimited access to the Generator use requirements are 350kW and the Building Emergency Tank and its surrounding area for the purpose of installing, operating, repairing, maintaining and removing the Generator capacity is 900kW, Tenant’s proportionate use of the Emergency Generator is calculated as a fraction, the numerator of which is Tenant Emergency Generator requirements and the denominator of which will be the Building Emergency Generator capacity (350kW/900kW = 0.39). Therefore, in this example, Tenant’s proportionate use of the generator capacity is 39%. The amortized cost of the generator shall be calculated by a fraction, the numerator of which shall be the cost of the Emergency Generator, which we will say by way of example is $1,350,000.00, and the denominator of which is the estimated life of the Emergency Generator, which we will say is 15 years ($1,350,000.00/15 years = $90,000.00). Therefore, the total Emergency Generator amortization in this example equals $90,000.00 per year for total Emergency Generator amortization. Finally, Tenant’s annual share would be determined by multiplying Tenant’s proportionate use of the Emergency Generator by the generator amortization (39%*$90,000.00 = $35,100.00) equaling, in this example, a total share of $35,100.00 owed by TenantTank.
(d) Landlord does hereby grant E. Tenant shall only test the right to and through building chases and electrical spaces and other spaces as may be mutually agreed upon to route appropriate emergency power feeders together with distribution panels, transfer switches and associated generator and transfer switch control wiring to Tenant’s Premises.
(e) Landlord shall conduct all required Emergency Generator testing on weekends, outside of normal Building hours before or after Normal Business Hours and upon prior notice to, and coordination with Tenant, so as not to disrupt Tenant’s business operations. Landlord shall not conduct tests of the Emergency Generator without prior coordination with Tenant. Any testing required of Tenant’s emergency system, including transfer switches, will be conducted by Landlord with Tenant prior coordination and approval. Tenant shall not have access to the Emergency Generator at any time unless accompanied by Landlord, which escort shall be reasonably provided upon request.
Appears in 1 contract
Generator. (a) During Provided that Tenant is not in Default, throughout the Term of the Lease, including any Extension Term, as the same may be extended, Landlord shall install a new 900kW emergency generator by December 31, 2017, and thereafter maintain in operable condition during the Term, test and monitor an emergency generator pursuant to mutually agreeable specifications (the “Emergency Generator”) in accordance with a NFPA 101 standard, and the Municipal Code of the City of Des Moines. Landlord shall provide Tenant with copies approximately 200-300 exclusive, restricted access rentable square feet in the Building in a location to be determined by Landlord to house an emergency back-up electrical generator to service the Premises ("Generator Space") and for no other use, at Landlord's expense during the Term or any extension thereof. Tenant's occupancy and use of any monitoring the Generator Space shall be pursuant to all of the terms and / or testing results upon reasonable request at reasonable intervals. Landlord acknowledges conditions of this Lease except that Tenant shall not be permitted required to utilize up to 350kW pay Base or Additional Rent for the Generator Space. Tenant's use of the capacity Generator Space to house said generator is subject to review and approval of the Emergency Generator for generator and its needsspecifications by Landlord and the City of Chicago. In addition, but Landlord shall not exceed that capability without Landlord’s prior approval and coordination. Landlord will monitor Tenant’s use through a demand meter. Landlord may utilize a portion of the capacity of the Emergency Generator for the needs of the Building (i.e. life safety), provided however, that no such use shall overburden the Emergency Generator or interfere with Tenant’s utilization of the Emergency Generator. The intent of design is to provide enough generator capacity to support Tenant load and Fire Life Safety requirements.
(b) Tenant acknowledges that, provided that no other tenants of the Building also have the right to utilize approve the Emergency Generator, thirty-nine percent (39%) location of the Emergency Generator’s operation, maintenance generator in the Generator Space for purposes of floor loading and repair costs shall be allocated approve all ventilation locations and methods and the location of all fuel sources. :Landlord shall deliver the Generator Space to Tenant as a Building Operating Expense. in "as-is" condition on the 9th floor Scheduled Commencement Date, and Tenant will pay shall, at its pro rata share of the remaining sixty-one percent (61%) of the Emergency Generator’s operation, maintenance and repair costs associated with Building Fire Life Safety requirements in accordance with the provisions of Section 7. If Landlord allocates Emergency Generator capacity to other tenants, then Tenant’s pro rata share will be adjusted accordingly. Notwithstanding the foregoing, Tenant shall always be allocated a minimum of 350kW.
(c) Costs allocated between Tenant and Landlord will be for Emergency Generator design, acquisition and installation including distribution panel(s) for Tenant’s transfer switches, if necessary (assuming the Emergency Generator infrastructure is not duplicative with the infrastructure already supported in the Building), it being understood and agreed that Tenant transfer switch(s), distribution panels, feeders and branch circuits, if required, will be Tenant’s sole cost and expense improve the Generator Space to provide for the lawful installation of the generator system and Tenant will not be allocated any of to meet Landlord’s cost of transfer switches, distribution panels, feeders 's reasonable sound and branch circuits, or distribution panels solely used by Landlord except for one feeder breaker in Landlord’s Emergency Distribution Panelvibration attenuation requirements. Allocated costs will also include cost of load management system to shed Tenant’s load in order to maintain fire/life safety requirements if required by City of Des Moines or MidAmerican Energy CompanyThe parties understand that the Generator shall have a self contained fuel source. Tenant agrees that it will comply with all Laws governing, and all reasonable procedures established by Landlord for, the use, abatement, removal, storage, disposal or transport of any gasoline, fuel oil, propane or other fuels used to reimburse Landlord for all costs to acquire and install the Emergency Generator based on the formula below, based on the expected life of power the generator ("Fuels") and any substances, chemicals or materials declared to be, or regulated as, hazardous or toxic under any applicable Laws ("Hazardous Substances") and any required or permitted alteration, repair, maintenance, restoration, removal or other work in or about the Premises or Building that involves or affects any Fuels or Hazardous Substances. Upon the expiration of the Lease or sooner termination hereof, Tenant shall remove the generator, transfer switch, fuel storage tank and their accompanying Improvements (excluding any electrical panels, electrical meters, sprinklers or vents) and shall repair and restore the Generator Space to its original condition, normal wear and tear excepted. Tenant will indemnify and hold Landlord harmless from and against any and all claims, costs and liabilities (including reasonable attorney's fees) arising out of or in connection with any breach by Tenant of its covenants under this Section 34. Tenant's obligations under this Section will survive the expiration or early termination of the Term. HAVING READ and intending to be bound by the terms and provisions of this Lease, Landlord and Tenant have signed it as of the Date. TENANT LANDLORD CDW COMPUTER CENTERS, INC.. XXXXXX ASSOCIATES, a California limited partnership, d/b/a TRIZECHAHN 000 XXXXX XXXXXXXXX MANAGEMENT L.P. By: TrizecHahn Centers Inc., a California corporation, as sole general partner By: By: -------------------------------- -------------------------- Name: Xxxxx X. Xxxxxxx, Xx. Name: Xxxxxxx X. Xxxxxxxx ts: Chief Financial Officer Its: Executive Vice President By: -------------------------- Name: Xxxxxxx X. Xxxxxxxx Its: Senior Vice President SCHEDULE 1 LAND DESCRIPTION Two certain parcels of land in Xxxx County, Illinois, bounded and described as follows:
Parcel 1: A part of Lot 2 in Railroad Companies Resubdivision of Blocks 62 to 76 both inclusive, 78, parts of 61 and 77 and certain vacated streets and alleys in School Section Addition to Chicago, a Subdivision of Xxxxxxx 00, Xxxxxxxx 00 Xxxxx, Xxxxx 00 Xxxx of the Third Principal Meridian, according to the plat of said Resubdivision recorded in the Recorder's Office of Xxxx County, Illinois on March 29, 1924 in Book 188 of Plats at Page 16 as Document Number 8339751, said parts of Lots 1 and 2 which life shall be no less than fifteen is bounded and described as follows: Beginning at the northeast corner of said Lot 1 and running thence southwardly along the easterly line of said Lot 1 a distance of 199.495 feet to an angle point in said easterly lot line; thence continuing southwardly along said easterly line a distance of 199.23 feet to its intersection with the north line of the south 33 feet of said Lot 1; thence west along the north line of the south 33 feet of said Lot 1 and of the west 20 feet of said Lot 2; thence north along said east line of the west 20 feet of said Lot 2 a distance of 398.19 feet to its intersection with the north line of said Lot 2, and thence east along the north line of said Lot 2 and of said Lot 1 a distance of 239 feet to the Point of Beginning, excepting from the parcel of land above described, the respective portions thereof lying vertically below the following horizontal planes:
(15A) yearsa horizontal plane 18.5 feet above Chicago City Datum, the perimeter of which is described as follows: Beginning at the northwest corner of said parcel and running thence easterly along the north line of said parcel to the intersection of said north line and a line (the "Limiting Plane Line") prorated 168 feet east of and parallel to Tenant’s lease term the west line of said parcel; thence southwardly long the Limiting Plane Line to the intersection of said line and the south line of said parcel; thence westerly along the south line of said parcel to the southwest corner thereof; thence northerly along the west line of said parcel to the northwest corner of said parcel, which is the point of beginning of said horizontal plane; and
(B) a horizontal plane 21.0 feet above Chicago City Datum over that portion of said parcel which is not vertically below the horizontal plane described in clause (A) above.
Parcel 2: All land and spaces below the horizontal planes described in Parcel 1 above which are occupied by the columns, caissons, foundations, gussets and all other supporting structures, for the building and improvements constructed in Parcel 1 and by all other improvements, plenums, mechanical and electrical equipment, pipes, wires, conduits, utilities and other structures located below said horizontal planes in connection with said building and improvements, including, but not limited to the space occupied by the improvements and structures shown on the Plat of Survey prepared and certified by Chicago Guarantee Survey Company dated July 8, 1966 (consisting of three sheets identified as Order Nos. 6311001 K and 6311001-S and 6311001 N. respectively), which was recorded as part of document 19881999.
Parcel 3: An easement appurtenant to Parcels 1 and 2 in, over and across the west 20 feet of Lot 2 in said Railroad Companies' Resubdivision to construct, use, maintain, repair, replace or renew from time to time such columns, gussets trusses, horizontal structural members, caissons, foundations and other supports as may be extended reasonably necessary or appropriate to maintain and prorated to Tenant’s requirements versus support the Building requirements. By way of example onlyplaza and other improvements contemplated by the Lease, Tenant Emergency Generator use requirements are 350kW including, without limitation, the columns (designated `DD') and the Building Emergency Generator capacity is 900kWcaissons, Tenant’s proportionate foundations and related structures shown on the Plat of Survey referred to in Parcel 2 above. Parcel 4: A nonexclusive appurtenant easement in favor of the leasehold interest in Parcels 1 and 2 as created by Deed of Easement dated January 16, 1990 and recorded January 31, 1990 as Document 90047309 made by LaSalle National Bank, as Trustee under Trust Agreement dated November 17, 1983 and known as Trust Number 107292 to Gateway IV Joint Venture, an Illinois general partnership, LaSalle National Bank, as Trustee under Trust Agreement dated December 1, 1983 and known as Trust Number 107361, LaSalle National Bank, as Trustee under Trust Agreement dated December 1, 1983 and known as Trust Number 107362, and LaSalle National Bank, as Trustee under Trust Agreement dated December 1, 1983 and known as Trust Number 107363, for the use of 1,100 public parking spaces in the Emergency Generator is calculated garage, as a fractiondefined therein, with rights of ingress and egress and an easement for the numerator purpose of which is Tenant Emergency Generator requirements construction of such repairs or restoration for the period required to complete such repairs or restoration, on over, and across the denominator following described legal description: Lots 5, 6, 7, and 8 (except from said lots that part falling in alley) in Block 49 in School Section Addition to Chicago in Section 16, Township 39 North, Range 14 East of which will be the Building Emergency Generator capacity (350kW/900kW = 0.39). ThereforeThird Principal Meridian, in this exampleXxxx County, Tenant’s proportionate use Illinois. As amended by First Amendment to Deed of the generator capacity is 39%. The amortized cost of the generator shall be calculated by a fractionEasement dated February 9, the numerator of which shall be the cost of the Emergency Generator, which we will say by way of example is $1,350,000.001990, and the denominator of which is the estimated life of the Emergency Generatorrecorded October 9, which we will say is 15 years ($1,350,000.00/15 years = $90,000.00)1990, as Document Number 904914486. Therefore, the total Emergency Generator amortization in this example equals $90,000.00 per year for total Emergency Generator amortization. Finally, Tenant’s annual share would be determined by multiplying Tenant’s proportionate use of the Emergency Generator by the generator amortization (39%*$90,000.00 = $35,100.00) equaling, in this example, a total share of $35,100.00 owed by Tenant.
(d) Landlord does hereby grant Tenant the right to and through building chases and electrical spaces and other spaces as may be mutually agreed upon to route appropriate emergency power feeders together with distribution panels, transfer switches and associated generator and transfer switch control wiring to Tenant’s Premises.
(e) Landlord shall conduct all required Emergency Generator testing on weekends, outside of normal Building hours and upon prior notice to, and coordination with Tenant, so as not to disrupt Tenant’s business operations. Landlord shall not conduct tests of the Emergency Generator without prior coordination with Tenant. Any testing required of Tenant’s emergency system, including transfer switches, will be conducted by Landlord with Tenant prior coordination and approval. Tenant shall not have access to the Emergency Generator at any time unless accompanied by Landlord, which escort shall be reasonably provided upon request.EXHIBIT A 000 XXXXX XXXXXXXXX XXXXX XXXXXXXX XXXX DELINEATING THE PREMISES SUITE 800 EXHIBIT A 000 XXXXX XXXXXXXXX XXXXX XXXXXXXX XXXX DELINEATING XXX XXXXXXXX XXXXX 000 EXHIBIT B 000 XXXXX XXXXXXXXX PLAZA BUILDING LEASEHOLD IMPROVEMENTS AGREEMENT
Appears in 1 contract
Generator. Landlord grants to Tenant an exclusive license to use throughout the Term the existing 300 kw generator that services the computer lab on the fourth floor portion of the Premises and the UPS systems (aa 40 kva unit and a 50 kva unit) During that service the Term, as computer lab and professional services lab on the same may be extended, Landlord shall install a new 900kW emergency generator by December 31, 2017, and thereafter maintain in operable condition during fourth floor portion of the Term, test and monitor an emergency generator pursuant to mutually agreeable specifications Premises (the “Emergency GeneratorBackup Power System”) in accordance with a NFPA 101 standard, and the Municipal Code of the City of Des Moines). Landlord shall provide Tenant with copies of any monitoring and / or testing results upon reasonable request at reasonable intervals. Landlord acknowledges that Tenant shall be permitted to utilize up to 350kW of the capacity of the Emergency Generator for its needs, but shall not exceed that capability without Landlord’s prior approval and coordination. Landlord will monitor Tenant’s use through a demand meter. Landlord may utilize a portion of the capacity of the Emergency Generator for the needs of the Building (i.e. life safety), provided however, that no such use shall overburden the Emergency Generator or interfere with Tenant’s utilization of the Emergency Generator. The intent of design is to provide enough generator capacity to support Tenant load and Fire Life Safety requirements.
(b) Tenant acknowledges that, provided that no other tenants of the Building have the right to utilize the Emergency Generator, thirty-nine percent (39%) of the Emergency Generator’s operation, maintenance and repair costs shall be allocated to Tenant as a Building Operating Expense. Tenant will pay its pro rata share of the remaining sixty-one percent (61%) of the Emergency Generator’s operation, maintenance and repair costs associated with Building Fire Life Safety requirements in accordance with the provisions of Section 7. If Landlord allocates Emergency Generator capacity to other tenants, then Tenant’s pro rata share will be adjusted accordingly. Notwithstanding the foregoingIn addition, Tenant shall always be allocated a minimum of 350kW.
(c) Costs allocated between Tenant and Landlord will be for Emergency Generator designmay install, acquisition and installation including distribution panel(s) for Tenant’s transfer switches, if necessary (assuming the Emergency Generator infrastructure is not duplicative with the infrastructure already supported in the Building), it being understood and agreed that Tenant transfer switch(s), distribution panels, feeders and branch circuits, if required, will be at Tenant’s sole cost and expense and in compliance with the terms and conditions of this Lease, conduits and other equipment connecting the Premises to the Backup Power System (collectively, “Tenant’s Equipment”). At all times during the Term hereof, Tenant will not shall maintain, at Tenant’s sole cost and expense, Tenant’s Equipment in good, operational working order and condition (copies of such maintenance records to be allocated any provided to Landlord within five (5) days of Landlord’s cost of transfer switchesrequest therefor) and in compliance with all applicable laws, distribution panelscodes, feeders ordinances, orders, directives, rules and branch circuitsregulations, or distribution panels solely used all insurance requirements, and all reasonable rules and regulations which may be promulgated by Landlord except for one feeder breaker in from time to time. At Landlord’s Emergency Distribution Panel. Allocated costs will also include cost of load management system to shed request, Tenant shall test Tenant’s load in order Equipment at least once per year, and provide the results of such testing to maintain fire/life safety requirements if required by City of Des Moines or MidAmerican Energy Company. Tenant agrees to reimburse Landlord for all costs to acquire and install the Emergency Generator based on the formula below, based on the expected life within five (5) days of the generator (which life shall be no less than fifteen (15) years) prorated to date of Tenant’s lease term as may be extended receipt of such results. Although Tenant is not required to pay to Landlord a fee for the usage of the Backup Power System, Tenant shall pay to Landlord all actual utility and prorated to fuel costs, determined by Landlord in its reasonable discretion, associated with Tenant’s requirements versus the Building requirements. By way of example only, Tenant Emergency Generator use requirements are 350kW and the Building Emergency Generator capacity is 900kW, Tenant’s proportionate use of the Emergency Generator is calculated Backup Power System. Tenant shall maintain the Backup Power System in accordance with commercially reasonable standards; provided, however Landlord shall replace the Backup Power System if such system requires replacement during the Term, and Tenant shall reimburse Landlord as additional rent on a fractionmonthly basis during the Term for the annual amortization of the cost of such replacement, amortized over the numerator remainder of which is the Term. The Backup Power System shall be returned to Landlord in good working order, reasonable wear and tear excepted. Tenant Emergency Generator requirements acknowledges that Landlord makes no warranty or representation with respect to the Backup Power System or its suitability for Tenant’s use, and Landlord shall have no responsibility or liability to Tenant in connection with any failures of such Backup Power System; provided, however, Landlord hereby provides Tenant with a one-year warranty on the denominator Backup Power System, such that Landlord shall be responsible, at its sole cost and expense, for any necessary replacement thereof for a period of which will be one year following the Building Emergency Generator capacity (350kW/900kW = 0.39)Lease Commencement Date. ThereforeTenant hereby releases Landlord and its property manager and their respective agents and employees, and waives any and all claims for damage or injury to person or property or loss of business sustained by Tenant, in this exampleconnection with or resulting from the Backup Power System becoming in disrepair, malfunctioning, or failing, all as further set forth herein, except in each case, to the extent a court of competent jurisdiction determines that such damage or injury resulted from a breach of Landlord’s duty hereunder. Tenant’s proportionate right to use the Backup Power System is granted solely to service the Premises, and Tenant shall not permit the use of the generator capacity is 39%Backup Power System by any party not occupying the Premises. The amortized cost of the generator Landlord shall be calculated by a fraction, the numerator of which shall be the cost of the Emergency Generator, which we will say by way of example is $1,350,000.00, and the denominator of which is the estimated life of the Emergency Generator, which we will say is 15 years ($1,350,000.00/15 years = $90,000.00). Therefore, the total Emergency Generator amortization in this example equals $90,000.00 per year for total Emergency Generator amortization. Finally, Tenant’s annual share would be determined by multiplying Tenant’s proportionate use of the Emergency Generator by the generator amortization (39%*$90,000.00 = $35,100.00) equaling, in this example, a total share of $35,100.00 owed by Tenant.
(d) Landlord does hereby grant Tenant have the right to and through building chases and electrical spaces and other spaces as may be mutually agreed inspect the Backup Power System, upon twenty-four (24) hours prior notice to route appropriate emergency power feeders together Tenant, to ensure compliance with distribution panelsthe terms of this Lease. Upon expiration or termination of this Lease, transfer switches unless otherwise specified by Landlord, Tenant shall return the Backup Power System and associated generator conduits to Landlord in the condition existing on the Lease Commencement Date, reasonable wear and transfer switch control wiring to Tenant’s Premises.
(e) Landlord shall conduct all required Emergency Generator testing on weekends, outside of normal Building hours and upon prior notice to, and coordination with Tenant, so as not to disrupt Tenant’s business operations. Landlord shall not conduct tests of the Emergency Generator without prior coordination with Tenant. Any testing required of Tenant’s emergency system, including transfer switches, will be conducted by Landlord with Tenant prior coordination and approvaltear excepted. Tenant shall not have access the right to install additional conduits and other equipment supporting the Emergency Generator at any time unless accompanied by Backup Power System, and to upgrade the Backup Power System, with Landlord’s prior written consent, which escort consent shall not be reasonably provided upon requestunreasonably withheld, and then in compliance with all the terms and conditions of the Lease.
Appears in 1 contract
Samples: Lease Agreement (Acme Packet Inc)
Generator. (a) A. During the Terminitial Term and any renewal thereof, as the same may be extended, Landlord shall install a new 900kW emergency generator by December 31, 2017, and thereafter maintain in operable condition during the Term, test and monitor an emergency generator pursuant to mutually agreeable specifications (the “Emergency Generator”) in accordance with a NFPA 101 standard, and the Municipal Code of the City of Des Moines. Landlord shall provide Tenant with copies of any monitoring and / or testing results upon reasonable request at reasonable intervals. Landlord acknowledges that Tenant shall be permitted to utilize up to 350kW of the capacity of the Emergency Generator for its needs, but shall not exceed that capability without Landlord’s prior approval and coordination. Landlord will monitor Tenant’s use through a demand meter. Landlord may utilize a portion of the capacity of the Emergency Generator for the needs of the Building (i.e. life safety), provided however, that no such use shall overburden the Emergency Generator or interfere with Tenant’s utilization of the Emergency Generator. The intent of design is to provide enough generator capacity to support Tenant load and Fire Life Safety requirements.
(b) Tenant acknowledges that, provided that no other tenants of the Building have the right to utilize install a supplemental generator (the Emergency "Generator") to provide emergency additional electrical capacity to the Premises. The Generator shall be placed at a location at the Property designated by Landlord (the Generator Location"). However, Tenant's right to install the Generator shall be subject to Landlord's reasonable approval of the manner in which the Generator is installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generator. Landlord shall have the right to require (at the time Landlord approves the plans for the Generator and installation thereof or within 30 days after installation of the Generator) an acceptable enclosure (e.g. wood fencing and landscaping) to hide or disguise the existence of the Generator and to minimize any adverse effect that the installation of the Generator may have on the appearance of the Building and Property. Tenant shall be solely responsible for obtaining all necessary governmental and regulatory approvals and for the cost of installing, operating, maintaining and removing the Generator. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generator. Notwithstanding anything herein to the contrary, if Tenant does not install the Generator on or before 6 months after the Commencement Date or if Tenant, after installation, removes the Generator from the Generator Location for reasons other than the repair and replacement of the Generator, thirty-nine percent (39%) Tenant's right to install the Generator and to use the Generator Location shall be null and void.
B. Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Emergency Generator’s operation, maintenance and repair costs shall be allocated to Tenant as a Generator will in no way damage the Building Operating Expenseor Property. Tenant will pay its pro rata share agrees to be responsible for any damage caused to the Building or Property in connection with the installation, maintenance, operation or removal of the remaining sixty-one percent (61%) of the Emergency Generator’s operationGenerator and, maintenance and repair costs associated with Building Fire Life Safety requirements in accordance with the provisions terms of Section 7. If Article XIV of the Lease, to indemnify, defend and hold Landlord, its trustees, members, principals, beneficiaries, partners, officers, directors, employees, agents and mortgagees (collectively, the "Landlord allocates Emergency Related Parties") harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects' and attorneys' fees (if and to the extent permitted by law), which may be imposed upon, incurred by, or asserted against Landlord or any of the Landlord Related Parties in connection with the installation, maintenance, operation or removal of the Generator capacity to other tenantsand its appurtenances, then Tenant’s pro rata share will be adjusted accordingly. Notwithstanding the foregoingincluding, without limitation, any environmental and hazardous materials claims.
C. Tenant shall always be allocated responsible for the installation, operation, cleanliness, maintenance and removal of the Generator and appurtenances, all of which shall remain the personal property of Tenant, and shall be removed by Tenant at its own expense at the termination of the Lease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenance were attached. Such maintenance and operation shall be performed in a minimum of 350kW.
(c) Costs allocated between Tenant and Landlord will be for Emergency Generator design, acquisition and installation including distribution panel(s) for Tenant’s transfer switches, if necessary (assuming the Emergency Generator infrastructure is not duplicative manner to avoid any unreasonable interference with the infrastructure already supported in the Building), it being understood and agreed that Tenant transfer switch(s), distribution panels, feeders and branch circuits, if required, will be Tenant’s sole cost and expense and Tenant will not be allocated any of other tenants or Landlord’s cost of transfer switches, distribution panels, feeders and branch circuits, or distribution panels solely used by Landlord except for one feeder breaker in Landlord’s Emergency Distribution Panel. Allocated costs will also include cost of load management system to shed Tenant’s load in order to maintain fire/life safety requirements if required by City of Des Moines or MidAmerican Energy Company. Tenant agrees to reimburse Landlord for all costs to acquire maintain the Generator, including without limitation, any enclosure installed around the Generator, in good condition and install the Emergency Generator based on the formula below, based on the expected life of the generator (which life repair. Tenant shall be no less than fifteen (15) years) prorated responsible for performing any maintenance and improvements to Tenant’s lease term any enclosure surrounding the Generator so as may be extended and prorated to Tenant’s requirements versus the Building requirements. By way of example only, Tenant Emergency Generator use requirements are 350kW and the Building Emergency Generator capacity is 900kW, Tenant’s proportionate use of the Emergency Generator is calculated as a fraction, the numerator of which is Tenant Emergency Generator requirements and the denominator of which will be the Building Emergency Generator capacity (350kW/900kW = 0.39). Therefore, keep such enclosure in this example, Tenant’s proportionate use of the generator capacity is 39%. The amortized cost of the generator shall be calculated by a fraction, the numerator of which shall be the cost of the Emergency Generator, which we will say by way of example is $1,350,000.00, and the denominator of which is the estimated life of the Emergency Generator, which we will say is 15 years ($1,350,000.00/15 years = $90,000.00). Therefore, the total Emergency Generator amortization in this example equals $90,000.00 per year for total Emergency Generator amortization. Finally, Tenant’s annual share would be determined by multiplying Tenant’s proportionate use of the Emergency Generator by the generator amortization (39%*$90,000.00 = $35,100.00) equaling, in this example, a total share of $35,100.00 owed by Tenantgood condition.
(d) D. Tenant, upon prior notice to Landlord does hereby grant Tenant and subject to the right reasonable rules and regulations enacted by Landlord, shall have unlimited access to the Generator and through building chases its surrounding area for the purpose of installing, operating, repairing, maintaining and electrical spaces and other spaces as may be mutually agreed upon to route appropriate emergency power feeders together with distribution panels, transfer switches and associated generator and transfer switch control wiring to Tenant’s Premisesremoving the Generator.
(e) Landlord E. Tenant shall conduct all required Emergency only test the Generator testing on weekends, outside of normal Building hours before or after Normal Business Hours and upon prior notice to, and coordination with Tenant, so as not to disrupt Tenant’s business operations. Landlord shall not conduct tests of the Emergency Generator without prior coordination with Tenant. Any testing required of Tenant’s emergency system, including transfer switches, will be conducted by Landlord with Tenant prior coordination and approval. Tenant shall not have access to the Emergency Generator at any time unless accompanied by Landlord, which escort shall be reasonably provided upon request.
Appears in 1 contract
Generator. (a) During Landlord agrees that, subject to the Termterms and conditions set forth in this Paragraph, as Tenant will have the same may be extendedright, Landlord shall at Tenant’s sole cost and expense, to install a new 900kW emergency generator by December 31, 2017backup generator, and thereafter maintain in operable condition during the Term, test and monitor an emergency generator pursuant to mutually agreeable specifications enclosure around such equipment (the “Emergency GeneratorPower System”) on the exterior of the Premises, in accordance with the location depicted on Exhibit M. Landlord will not grant any other tenant of the Project the right to install a NFPA 101 standardgenerator on the Property. The following terms and conditions will apply to the Emergency Power System:
(a) The Emergency Power System must comply, and the Municipal Code of the City of Des Moines. Landlord shall provide Tenant with copies of any monitoring and / or testing results upon reasonable request will at reasonable intervals. Landlord acknowledges that Tenant shall be permitted to utilize up to 350kW of the capacity of the Emergency Generator for its needs, but shall not exceed that capability without Landlord’s prior approval and coordination. Landlord will monitor Tenant’s use through a demand meter. Landlord may utilize a portion cost cause the same to be and to remain in compliance, with all Regulations and the requirements of all federal, state and local governmental and quasi-governmental authorities having jurisdiction over the capacity of the Emergency Generator for the needs of the Building (i.e. life safety), provided however, that no such use shall overburden the Emergency Generator or interfere with Tenant’s utilization of the Emergency Generator. The intent of design is to provide enough generator capacity to support Tenant load and Fire Life Safety requirementsBuilding.
(b) The Emergency Power System must comply, and Tenant acknowledges thatwill at Tenant’s cost cause the same to be and to remain in compliance, provided that no other tenants with all applicable insurance requirements of both Landlord’s insurer and Tenant’s insurer. The insurance provisions of Paragraph 17 of the Building have the right Lease will apply to utilize the Emergency Generator, thirty-nine percent (39%) of the Emergency Generator’s operation, maintenance and repair costs shall be allocated to Tenant as a Building Operating Expense. Tenant will pay its pro rata share of the remaining sixty-one percent (61%) of the Emergency Generator’s operation, maintenance and repair costs associated with Building Fire Life Safety requirements in accordance with the provisions of Section 7. If Landlord allocates Emergency Generator capacity to other tenants, then Tenant’s pro rata share will be adjusted accordingly. Notwithstanding the foregoing, Tenant shall always be allocated a minimum of 350kW.Power System.
(c) Costs allocated between Tenant and Landlord will be for Emergency Generator designwill, acquisition and installation including distribution panel(s) for Tenant’s transfer switchesat its sole expense, if necessary (assuming maintain the Emergency Generator infrastructure is not duplicative with Power System in good condition at all times during the infrastructure already supported in the Building), it being understood and agreed that Tenant transfer switch(s), distribution panels, feeders and branch circuits, if required, will be Tenant’s sole cost and expense and Tenant will not be allocated any of Landlord’s cost of transfer switches, distribution panels, feeders and branch circuits, or distribution panels solely used by Landlord except for one feeder breaker in Landlord’s Emergency Distribution Panel. Allocated costs will also include cost of load management system to shed Tenant’s load in order to maintain fire/life safety requirements if required by City of Des Moines or MidAmerican Energy Company. Tenant agrees to reimburse Landlord for all costs to acquire and install the Emergency Generator based on the formula below, based on the expected life of the generator (which life shall be no less than fifteen (15) years) prorated to Tenant’s lease term as may be extended and prorated to Tenant’s requirements versus the Building requirements. By way of example only, Tenant Emergency Generator use requirements are 350kW and the Building Emergency Generator capacity is 900kW, Tenant’s proportionate use of the Emergency Generator is calculated as a fraction, the numerator of which is Tenant Emergency Generator requirements and the denominator of which will be the Building Emergency Generator capacity (350kW/900kW = 0.39). Therefore, in this example, Tenant’s proportionate use of the generator capacity is 39%. The amortized cost of the generator shall be calculated by a fraction, the numerator of which shall be the cost of the Emergency Generator, which we will say by way of example is $1,350,000.00, and the denominator of which is the estimated life of the Emergency Generator, which we will say is 15 years ($1,350,000.00/15 years = $90,000.00). Therefore, the total Emergency Generator amortization in this example equals $90,000.00 per year for total Emergency Generator amortization. Finally, Tenant’s annual share would be determined by multiplying Tenant’s proportionate use of the Emergency Generator by the generator amortization (39%*$90,000.00 = $35,100.00) equaling, in this example, a total share of $35,100.00 owed by TenantTerm.
(d) If Landlord does hereby grant becomes aware that the Emergency Power System is in violation of this Paragraph, Landlord will so notify Tenant. If Tenant becomes aware, whether by notice from Landlord or otherwise, that the right to and through building chases and electrical spaces and other spaces as may be mutually agreed upon to route appropriate emergency power feeders together with distribution panelsEmergency Power System is in violation of this Paragraph, transfer switches and associated generator and transfer switch control wiring to Tenant’s PremisesTenant will promptly correct such violation.
(e) Landlord shall conduct all required Upon expiration or earlier termination of this Lease, or upon expiration or termination of Tenant’s right to the Emergency Generator testing on weekendsPower System (as provided above), outside of normal Building hours Tenant will, at its sole cost and upon prior notice toexpense, remove the Emergency Power System, and coordination with Tenantrepair and restore any damage caused by its installation or removal, so as not including, without limitation, restoration of the Building and surrounding area to disrupt Tenant’s business operationsan architectural and aesthetic whole. Landlord shall not conduct tests The provisions of this paragraph will survive the expiration or sooner termination of this Lease.
(f) Tenant will pay all costs and expenses of operation and maintenance of the Emergency Generator without prior coordination with TenantPower System. Any testing required If any such costs are invoiced to Landlord, such costs will become additional rent and will be due promptly upon invoice therefor from Landlord. Tenant will pay Landlord, as additional rent, all additional expenses incurred by Landlord as a result of the Tenant’s emergency systemoperation of the Emergency Power System.
(g) Landlord may impose such other reasonable requirements and restrictions with respect to the Emergency Power System at such time as Tenant submits its plans for the Emergency Power System, and Landlord may impose such additional reasonable requirements and restrictions with respect to the Emergency Power System at any time thereafter so long as such additional requirements and restrictions imposed thereafter do not unreasonably impede the operation and utility of the Emergency Power System and do not unreasonably cause Tenant to incur any additional material cost or expense.
(h) The Emergency Power System must not clash with and must be harmonious with the Building color scheme, in Landlord’s reasonable judgment.
(i) The design of the Emergency Power System must be consistent with the first-class nature of the Building, in Landlord’s reasonable judgment.
(j) The Emergency Power System must be screened or fenced off in a manner reasonably satisfactory to Landlord, using materials consistent with the first-class nature of the Building, in Landlord’s reasonable judgment.
(k) The size and location of the Emergency Power System may not unreasonably and adversely impact the Building’s parking amenities and access, in Landlord’s sole and absolute judgment.
(l) All aspects of the installation of the Emergency Power System will be subject to Landlord’s review and approval (which approval will not be unreasonably withheld or delayed). Without limiting the foregoing, any fuel tanks for the Emergency Power System must be above-ground, not underground.
(m) Before installing the Emergency Power System, Tenant must prepare and deliver to Landlord the following, which will be subject to Landlord’s approval (which approval will not be unreasonably withheld or delayed): Preliminary drawings of the Emergency Power System, including transfer switchesthe location proposed by Tenant; A list of all colors, materials, and finishes that will be used; and Samples of any material to be used in screening or fencing off the Emergency Power System, if Landlord so requests. Incomplete drawings will be returned to Tenant without approval.
(n) Tenant will be responsible, at its sole cost and expense, for obtaining and maintaining during the Lease Term all applications, permits, consents, approvals and licenses required by federal, state and local governmental and quasi-governmental authorities, and by any applicable property association to which the Building may be subject, in connection with the Emergency Power System. Landlord will cooperate with Tenant in obtaining such approvals, but Tenant will reimburse Landlord for Landlord’s out-of-pocket costs in connection therewith. Copies of all permits and licenses must be delivered to Landlord promptly after Tenant’s receipt thereof. Tenant’s inability or failure to obtain any such permits, approvals or licenses, or the expiration or cancellation of the same, and the resulting inability of Tenant to install or maintain the Emergency Power System, will not invalidate this Lease or reduce Tenant’s obligations under this Lease.
(o) Landlord is not and will not be conducted obligated to provide a security guard or any other security services for the Emergency Power System. Under no circumstances will Landlord or its managing agent or their respective agents or employees be liable for, and Tenant waives all claims with respect to, (a) any damages, injuries or losses sustained by Tenant or its agents, employees or contractors, resulting from Landlord’s failure to provide security or adequate security for the Emergency Power System, or (b) losses or damages due to failure of the Emergency Power System or inadequacy of the location or facilities therefor, the same being at Tenant’s sole risk, or (c) the damages done to the Emergency Power System by any person, and neither will Landlord be required to insure against any such losses. Tenant will follow all rules and regulations reasonably promulgated by Landlord with respect thereto. The provisions of this paragraph will survive the expiration or sooner termination of this Lease.
(p) Tenant prior coordination will indemnify, defend and approvalhold harmless the Parties Indemnified by Tenant (as defined in Paragraph 19 from and against any and all loss, damage, claim, demand, liability or expense (including reasonable attorneys’ fees) resulting from claims by third parties arising in connection with the Emergency Power System, or any person’s use thereof, or any robbery, theft or burglary relating thereto. Tenant shall will have the right and obligation to assume the defense of any claim covered by this indemnity on behalf of both itself and the Landlord Parties, and the Landlord Parties may not have access settle such claim without the consent of Tenant (which consent will not be unreasonably withheld or delayed), provided (i) Tenant acknowledges to the Landlord Parties in writing that it is responsible for such claim under the terms of this paragraph and (ii) the lawyers selected by Tenant to handle such defense are reasonably satisfactory to the Landlord Parties and such representation does not result in a conflict of interest for such lawyers. The Landlord Parties may participate in the defense of such claim at their own expense unless Tenant is not representing the Landlord Parties in which case the reasonable expense of the Landlord Parties in defending against such claim will be paid by Tenant. The provisions of this paragraph will survive the expiration or sooner termination of this Lease.
(q) Tenant agrees to indemnify Landlord and the other Parties Indemnified by Tenant (as defined in Paragraph 19), and hold them harmless from and against any loss, cost, claim, liability or expense (including reasonable attorneys’ fees and court costs) arising out of or in connection with the Emergency Power System, or any person’s use thereof, or any robbery, theft or burglary relating thereto.
(r) The waivers set forth in Paragraph 18 will apply to the Emergency Generator at any time unless accompanied by Landlord, which escort shall be reasonably provided upon requestPower System.
Appears in 1 contract
Samples: Lease Agreement (Fusion-Io, Inc.)