Common use of Generator Clause in Contracts

Generator. 36.1. During the Term, Landlord hereby grants to Tenant a non-exclusive license (the “Generator License”) subject to the provisions set forth in this Article 36. 36.2. Landlord will connect the laboratory and information technology storage portions of the Premises (currently consisting of approximately 9,000 square feet) to the existing back-up generator(s) (individually and collectively, the “Generator”) serving the Building (the “Generator Work”) for the sole and exclusive purpose of providing up to 60 kw of emergency electrical power to the laboratory and information technology portions of the Premises during periods of electrical power outages affecting the laboratory and information technology portions of the Premises (“Generator Licensed Use”). Landlord will perform the Generator Work at Tenant’s cost, which cost will be included in the cost of Tenant’s Work. If the Premises is expanded to include the Reservation Space, the Available Offer Space, or both, the Generator License will include such additional laboratory space and information technology storage space contained in the Reservation Space, the Available Offer Space or both; provided, however, that in no event will Landlord be obligated to provide Tenant with more than 60 kw of emergency electrical power. 36.3. During the Term, Tenant acknowledges and agrees that it will use the Generator solely and exclusively for the Generator Licensed Use. 36.4. The Generator License granted by Landlord pursuant to Section 36.1 of this Lease is not exclusive; and Landlord hereby reserves the right to grant, renew, or extend similar or dissimilar licenses to any and all other persons; provided, however, that the Generator Licensed Use is unaffected. 36.5. Landlord is making the non-exclusive use of the Generator under the Generator License granted by this Article 36 in the generator’s present “AS IS” condition. Landlord makes no warranty or representation that the Generator is or will be suitable for the Generator Licensed Use. Tenant will make whatever examination and study Tenant deems necessary or appropriate to ascertain whether the Generator is or will be suitable for the Generator Licensed Use. Except as expressly set forth in the following sentence, Tenant’s availing itself of any rights or incurring any obligations under or in connection the provisions of this Article 36 will be exclusively at Tenant’s expense and risk. Tenant waives and releases all claims against Landlord with respect to all matters pertaining to this Article 36, including without limitation, the Generator and the Generator Licensed Use, except if such matters were caused solely by Landlord’s gross negligence or willful misconduct, and in no event will Landlord be liable for Tenant or anyone claiming by or through Tenant under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, exemplary, punitive, special incidental, indirect or consequential damages. 36.6. Tenant acknowledges and agrees that (i) Landlord, pursuant to the provisions of this Article 36, is dedicating a portion, i.e., 60 kw, of the total Generator capacity, i.e., 1800 kw, for Tenant’s exclusive use and as a result thereof, during the Term, Tenant agrees to pay to Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s proportionate share of Landlord’s costs and expenses pertaining to the Generator (“Tenant’s Generator Share”); (ii) Tenant’s Generator Share will be calculated by a fraction, the numerator of which is the amount of kilowatts dedicated for Tenant’s exclusive use and the numerator of which is the total amount of kilowatts that the Generator is rated to produce, subject to adjustment from time to time; (iii) as of the date of this Lease, Tenant’s Generator Share is 3.33% (60 kw / 1800 kw); and (iv) the cost and expenses pertaining to the Generator (which will provide electrical power to certain Common Areas of the Project during periods of electrical power outages affecting the Project) will be included in Operating Expenses and in addition to Tenant’s Generator Share, Tenant will pay Tenant’s Share of such Operating Expenses in accordance with the provisions of Article 4 of this Lease. 36.7. For so long as the Generator License is in effect, Landlord will procure and keep in force a maintenance contract with respect to the Generator from a reputable and qualified third party contractor and Tenant, in addition to paying Tenant’s Share of such cost, Tenant will pay Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s Generator Share of the maintenance contract cost; provided, however that in no event will Tenant’s Generator Share of the maintenance contract cost and Tenant’s Share of Operating Expenses attributable to the Generator exceed $10,000.00 in any Lease Year.

Generator. 36.1. During the Term2.01 Tenant, Landlord hereby grants to Tenant a non-exclusive license (the “Generator License”) subject to Landlord’s review and approval of Tenant’s plans therefor, shall have the provisions set forth in this Article 36. 36.2. Landlord will connect the laboratory and information technology storage portions of the Premises right to install a supplemental generator with a capacity not to exceed 400 kilowatt (currently consisting of approximately 9,000 square feet) to the existing back-up generator(s) (individually and collectively, the “Generator”) serving and an above ground fuel tank (the Building “Tank”) to provide emergency additional electrical capacity to the Premises during the Term. If, during the Term of this Lease, Tenant reasonably determines in its business judgment that the 400 kilowatt capacity is insufficient for Tenant’s standard business operations at the Premises, Landlord and Tenant shall in good faith (and at no additional cost or expense to Landlord) work together to reasonably determine if the 400 kilowatt capacity of the Generator may be increased and, if so, the terms and conditions applicable to any such increase. Tenant’s plans for the Generator and the Tank shall include a secondary containment system to protect against and contain any release of hazardous materials. The Generator and the Tank shall be placed at the location outlined on Schedule 2 attached hereto and made a part hereof (the “Generator Work”) for the sole and exclusive purpose of providing up to 60 kw of emergency electrical power to the laboratory and information technology portions of the Premises during periods of electrical power outages affecting the laboratory and information technology portions of the Premises (“Generator Licensed UseArea”). Landlord will perform Notwithstanding the foregoing, Tenant’s right to install the Generator Work at Tenantand the Tank shall be subject to Landlord’s costprior written approval, which cost approval shall not be unreasonably withheld, of the manner in which the Generator and the Tank is installed, the manner in which any fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generator to the Premises and the measures that will be included in taken to eliminate any vibrations or sound disturbances from the operation of the Generator, including, without limitation, any necessary 2 hour rated enclosures or sound installation. Landlord shall have the right to require an acceptable enclosure 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/or the Tank 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 of the Generator and the Tank. Tenant shall not install or operate the Generator or the Tank until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generator and the Tank, and Landlord shall cooperate with Tenant in all commercially reasonable respects in connection therewith. In addition to, and without limiting Tenant’s Workobligations under the Lease, Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generator and the Tank. 2.02 Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Generator and the Tank shall in no way damage any portion of the Building or Property. To the maximum extent permitted by Law, the Generator, the Tank and all appurtenances in the Generator Area shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant if the Generator, the Tank or any appurtenances installations are damaged for any reason. Tenant agrees to be responsible for any damage caused to the Building or Property in connection with the installation, maintenance, operation or removal of the Generator and/or the Tank and, in accordance with the terms of Section 13 of the Lease, to indemnify, defend and hold Landlord and the Landlord 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 and the Tank, including, without limitation, any environmental and hazardous materials claims, but excluding any claims to the extent due to the negligence or willful misconduct of Landlord or the Landlord Related Parties. If the Premises is expanded to include the Reservation Spacefor any reason, the Available Offer Spaceinstallation or use of the Generator, the Tank and/or the appurtenances shall result in an increase in the amount of the premiums for the insurance coverage for the Building, then Tenant shall be liable for the full amount of any such increase. 2.03 Tenant shall be responsible for the installation, operation, cleanliness, maintenance and removal of the Generator, the Tank and appurtenances, all of which shall remain the personal property of Tenant, are components of the Required Removables, and shall be removed by Tenant at its own expense at the expiration or earlier 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 appurtenances were attached. Such maintenance and operation shall be performed in a manner to avoid any unreasonable interference with any other tenants or Landlord. Tenant shall take the Generator Area “as is” in the condition in which the Generator Area is in as of the Commencement Date, without any obligation on the part of Landlord to prepare or construct the Generator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or representations to Tenant as to the suitability of the Generator Area for the installation and operation of the Generator and/or the Tank. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area (other than with respect to the repair of the existing Generator or the replacement of the existing Generator with a new Generator of no greater size) without Landlord’s prior written consent. Tenant agrees to maintain the Generator and the Tank, including without limitation, any enclosure installed around the Generator and the Tank in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator and the Tank so as to keep such enclosure in good condition. 2.04 Tenant, upon prior notice to Landlord and subject to the rules and regulations enacted by Landlord, shall have access to the Generator and the Tank and its surrounding area for the purpose of installing, repairing, maintaining and removing said Generator and Tank. 2.05 Tenant shall only test the Generator before or after Building Service Hours and at a time mutually agreed to in writing by Landlord and Tenant in advance. Tenant shall be permitted to use the Generator Area solely for the maintenance and operation of the Generator and the Tank, and the Generator and the Tank and Generator Area are solely for the benefit of Tenant, any Permitted Transferees, and any third party assignee or subtenant of Tenant to whom Tenant has assigned the Lease or subleased the entire Premises (collectively, the “Permitted Generator Users”). All electricity generated by the Generator may only be consumed by the Permitted Generator Users in the Premises. 2.06 Landlord shall have no obligation to provide any services, including, without limitation, electric current, to the Generator Area. 2.07 Tenant shall have no right to sublet the Generator Area or to assign its interest hereunder, except to another Permitted Generator User. 2.08 Notwithstanding anything to the contrary contained herein, if at any time during the Term the Generator, the Tank and/or any appurtenances thereto or the operations thereof violate, or boththere exists a condition that solely with the passage of time will violate, any Law or Laws, then Tenant shall cease any further operation of the Generator License will include and the Tank. Tenant shall have no further right to operate the Generator and the Tank unless and until Tenant shall have redesigned and modified the Generator and the Tank and/or any appurtenances thereto in a manner in order to comply with all applicable Laws. However, such additional laboratory space redesign and information technology storage space contained modification shall constitute the mere right of Tenant to operate the Generator and the Tank in the Reservation Spacecompliance with all applicable Laws, the Available Offer Space or both; provided, however, that which right shall in no event will Landlord be obligated construed to provide Tenant with more than 60 kw abrogate or diminish Landlord’s rights or Tenant’s obligations under the other provisions of emergency electrical powerthis Section 2 or the Lease. 36.3. 2.09 During the Term, Tenant acknowledges and agrees that it will use the Generator solely and exclusively shall not be obligated to pay Landlord any Additional Rent or fee for the Generator Licensed Use. 36.4. The Generator License granted by Landlord pursuant to Section 36.1 of this Lease is not exclusive; and Landlord hereby reserves the right to grant, renew, or extend similar or dissimilar licenses to any and all other persons; provided, however, that the Generator Licensed Use is unaffected. 36.5. Landlord is making the non-exclusive use of the Generator under the Generator License granted by this Article 36 in the generator’s present “AS IS” condition. Landlord makes no warranty or representation that the Generator is or will be suitable for the Generator Licensed Use. Tenant will make whatever examination and study Tenant deems necessary or appropriate to ascertain whether the Generator is or will be suitable for the Generator Licensed Use. Except as expressly set forth in the following sentence, Tenant’s availing itself of any rights or incurring any obligations under or in connection the provisions of this Article 36 will be exclusively at Tenant’s expense and risk. Tenant waives and releases all claims against Landlord with respect to all matters pertaining to this Article 36, including without limitation, the Generator and the Generator Licensed Use, except if such matters were caused solely by Landlord’s gross negligence or willful misconduct, and in no event will Landlord be liable for Tenant or anyone claiming by or through Tenant under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, exemplary, punitive, special incidental, indirect or consequential damagesArea. 36.6. Tenant acknowledges and agrees that (i) Landlord, pursuant to the provisions of this Article 36, is dedicating a portion, i.e., 60 kw, of the total Generator capacity, i.e., 1800 kw, for Tenant’s exclusive use and as a result thereof, during the Term, Tenant agrees to pay to Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s proportionate share of Landlord’s costs and expenses pertaining to the Generator (“Tenant’s Generator Share”); (ii) Tenant’s Generator Share will be calculated by a fraction, the numerator of which is the amount of kilowatts dedicated for Tenant’s exclusive use and the numerator of which is the total amount of kilowatts that the Generator is rated to produce, subject to adjustment from time to time; (iii) as of the date of this Lease, Tenant’s Generator Share is 3.33% (60 kw / 1800 kw); and (iv) the cost and expenses pertaining to the Generator (which will provide electrical power to certain Common Areas of the Project during periods of electrical power outages affecting the Project) will be included in Operating Expenses and in addition to Tenant’s Generator Share, Tenant will pay Tenant’s Share of such Operating Expenses in accordance with the provisions of Article 4 of this Lease. 36.7. For so long as the Generator License is in effect, Landlord will procure and keep in force a maintenance contract with respect to the Generator from a reputable and qualified third party contractor and Tenant, in addition to paying Tenant’s Share of such cost, Tenant will pay Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s Generator Share of the maintenance contract cost; provided, however that in no event will Tenant’s Generator Share of the maintenance contract cost and Tenant’s Share of Operating Expenses attributable to the Generator exceed $10,000.00 in any Lease Year.

Generator. 36.1. (a) During the Term, as the same may be extended, Landlord hereby grants to Tenant shall install a non-exclusive license (the “Generator License”) subject to the provisions set forth in this Article 36. 36.2. Landlord will connect the laboratory and information technology storage portions of the Premises (currently consisting of approximately 9,000 square feet) to the existing back-up generator(s) (individually and collectivelynew 900kW emergency generator by December 31, the “Generator”) serving the Building (the “Generator Work”) for the sole and exclusive purpose of providing up to 60 kw of emergency electrical power to the laboratory and information technology portions of the Premises during periods of electrical power outages affecting the laboratory and information technology portions of the Premises (“Generator Licensed Use”). Landlord will perform the Generator Work at Tenant’s cost, which cost will be included in the cost of Tenant’s Work. If the Premises is expanded to include the Reservation Space, the Available Offer Space, or both, the Generator License will include such additional laboratory space and information technology storage space contained in the Reservation Space, the Available Offer Space or both; provided, however, that in no event will Landlord be obligated to provide Tenant with more than 60 kw of emergency electrical power. 36.3. During the Term, Tenant acknowledges and agrees that it will use the Generator solely and exclusively for the Generator Licensed Use. 36.4. The Generator License granted by Landlord pursuant to Section 36.1 of this Lease is not exclusive; and Landlord hereby reserves the right to grant, renew, or extend similar or dissimilar licenses to any and all other persons; provided, however, that the Generator Licensed Use is unaffected. 36.5. Landlord is making the non-exclusive use of the Generator under the Generator License granted by this Article 36 in the generator’s present “AS IS” condition. Landlord makes no warranty or representation that the Generator is or will be suitable for the Generator Licensed Use. Tenant will make whatever examination and study Tenant deems necessary or appropriate to ascertain whether the Generator is or will be suitable for the Generator Licensed Use. Except as expressly set forth in the following sentence, Tenant’s availing itself of any rights or incurring any obligations under or in connection the provisions of this Article 36 will be exclusively at Tenant’s expense and risk. Tenant waives and releases all claims against Landlord with respect to all matters pertaining to this Article 36, including without limitation, the Generator and the Generator Licensed Use, except if such matters were caused solely by Landlord’s gross negligence or willful misconduct2017, and thereafter maintain in no event will Landlord be liable for Tenant or anyone claiming by or through Tenant under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, exemplary, punitive, special incidental, indirect or consequential damages. 36.6. Tenant acknowledges and agrees that (i) Landlord, pursuant to the provisions of this Article 36, is dedicating a portion, i.e., 60 kw, of the total Generator capacity, i.e., 1800 kw, for Tenant’s exclusive use and as a result thereof, 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 pay reimburse Landlord for all costs to Landlord 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 Additional Rent within 30 days may be extended and prorated to Tenant’s requirements versus the Building requirements. By way of Landlord’s demand thereforexample only, Tenant Emergency Generator use requirements are 350kW and the Building Emergency Generator capacity is 900kW, Tenant’s proportionate share use of Landlord’s costs the Emergency Generator is calculated as a fraction, the numerator of which is Tenant Emergency Generator requirements and expenses pertaining to the denominator of which will be the Building Emergency Generator capacity (“350kW/900kW = 0.39). Therefore, in this example, Tenant’s Generator Share”); (ii) Tenant’s Generator Share will 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 the amount of kilowatts dedicated for Tenant’s exclusive use $1,350,000.00, and the numerator denominator of which is the total amount of kilowatts that the Generator is rated to produce, subject to adjustment from time to time; (iii) as estimated life of the date of 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 Leaseexample equals $90,000.00 per year for total Emergency Generator amortization. Finally, Tenant’s Generator Share is 3.33% (60 kw / 1800 kw); and (iv) the cost and expenses pertaining to the Generator (which will provide electrical power to certain Common Areas annual share would be determined by multiplying Tenant’s proportionate use of the Project during periods 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 outages affecting the Project) will be included in Operating Expenses feeders together with distribution panels, transfer switches and in addition associated generator and transfer switch control wiring to Tenant’s Premises. (e) Landlord shall conduct all required Emergency Generator Sharetesting on weekends, Tenant will pay outside of normal Building hours and upon prior notice to, and coordination with Tenant, so as not to disrupt Tenant’s Share business operations. Landlord shall not conduct tests of such Operating Expenses in accordance the Emergency Generator without prior coordination with the provisions Tenant. Any testing required of Article 4 of this Lease. 36.7Tenant’s emergency system, including transfer switches, will be conducted by Landlord with Tenant prior coordination and approval. For so long as the Generator License is in effect, Landlord will procure and keep in force a maintenance contract with respect Tenant shall not have access to the Emergency Generator from a reputable and qualified third party contractor and Tenantat any time unless accompanied by Landlord, in addition to paying Tenant’s Share of such cost, Tenant will pay Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s Generator Share of the maintenance contract cost; provided, however that in no event will Tenant’s Generator Share of the maintenance contract cost and Tenant’s Share of Operating Expenses attributable to the Generator exceed $10,000.00 in any Lease Yearwhich escort shall be reasonably provided upon request.

Generator. 36.1. During the Term, Landlord hereby grants to Tenant a non-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 (a 40 kva unit and a 50 kva unit) that service the “Generator License”) subject to computer lab and professional services lab on the provisions set forth in this Article 36. 36.2. Landlord will connect the laboratory and information technology storage portions fourth floor portion of the Premises (currently consisting of approximately 9,000 square feet) to the existing back-up generator(s) (individually and collectively, the “Generator”) serving the Building (the “Generator Work”) for the sole and exclusive purpose of providing up to 60 kw of emergency electrical power to the laboratory and information technology portions of the Premises during periods of electrical power outages affecting the laboratory and information technology portions of the Premises (“Generator Licensed UseBackup Power System”). Landlord will perform the Generator Work In addition, Tenant may install, at Tenant’s costsole 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 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 provided to Landlord within five (5) days of Landlord’s request therefor) and in compliance with all applicable laws, codes, ordinances, orders, directives, rules and regulations, all insurance requirements, and all reasonable rules and regulations which cost will may be included promulgated by Landlord from time to time. At Landlord’s request, Tenant shall test Tenant’s Equipment at least once per year, and provide the results of such testing to Landlord within five (5) days of the date of Tenant’s 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 fuel costs, determined by Landlord in its reasonable discretion, associated with Tenant’s use of the 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 monthly basis during the Term for the annual amortization of the cost of Tenant’s Work. If such replacement, amortized over the Premises is expanded to include the Reservation Space, the Available Offer Space, or both, the Generator License will include such additional laboratory space and information technology storage space contained in the Reservation Space, the Available Offer Space or both; provided, however, that in no event will Landlord be obligated to provide Tenant with more than 60 kw remainder of emergency electrical power. 36.3. During the Term. The Backup Power System shall be returned to Landlord in good working order, reasonable wear and tear excepted. Tenant acknowledges and agrees that it will use the Generator solely and exclusively for the Generator Licensed Use. 36.4. The Generator License granted by Landlord pursuant to Section 36.1 of this Lease is not exclusive; and Landlord hereby reserves the right to grant, renew, or extend similar or dissimilar licenses to any and all other persons; provided, however, that the Generator Licensed Use is unaffected. 36.5. Landlord is making the non-exclusive use of the Generator under the Generator License granted by this Article 36 in the generator’s present “AS IS” condition. Landlord makes no warranty or representation that the Generator is or will be suitable for the Generator Licensed Use. Tenant will make whatever examination and study Tenant deems necessary or appropriate to ascertain whether the Generator is or will be suitable for the Generator Licensed Use. Except as expressly set forth in the following sentence, Tenant’s availing itself of any rights or incurring any obligations under or in connection the provisions of this Article 36 will be exclusively at Tenant’s expense and risk. Tenant waives and releases all claims against Landlord with respect to all matters pertaining to this Article 36, including without limitation, the Generator and the Generator Licensed Use, except if such matters were caused solely by Landlord’s gross negligence Backup Power System or willful misconduct, and in no event will Landlord be liable for Tenant or anyone claiming by or through Tenant under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, exemplary, punitive, special incidental, indirect or consequential damages. 36.6. Tenant acknowledges and agrees that (i) Landlord, pursuant to the provisions of this Article 36, is dedicating a portion, i.e., 60 kw, of the total Generator capacity, i.e., 1800 kw, its suitability for Tenant’s exclusive use 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 Backup Power System, such that Landlord shall be responsible, at its sole cost and expense, for any necessary replacement thereof for a period of one year following the Lease Commencement Date. Tenant 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 connection 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 result thereof, during the Term, Tenant agrees to pay to Landlord as Additional Rent within 30 days court of competent jurisdiction determines that such damage or injury resulted from a breach of Landlord’s demand therefor, duty hereunder. Tenant’s proportionate share of Landlord’s costs right to use the Backup Power System is granted solely to service the Premises, and expenses pertaining to Tenant shall not permit the Generator (“Tenant’s Generator Share”); (ii) Tenant’s Generator Share will be calculated by a fraction, the numerator of which is the amount of kilowatts dedicated for Tenant’s exclusive use and the numerator of which is the total amount of kilowatts that the Generator is rated to produce, subject to adjustment from time to time; (iii) as of the date Backup Power System by any party not occupying the Premises. Landlord shall have the right to inspect the Backup Power System, upon twenty-four (24) hours prior notice to Tenant, to ensure compliance with the terms of this Lease. Upon expiration or termination of this Lease, Tenantunless otherwise specified by Landlord, Tenant shall return the Backup Power System and associated conduits to Landlord in the condition existing on the Lease Commencement Date, reasonable wear and tear excepted. Tenant shall have the right to install additional conduits and other equipment supporting the Backup Power System, and to upgrade the Backup Power System, with Landlord’s Generator Share is 3.33% (60 kw / 1800 kw); prior written consent, which consent shall not be unreasonably withheld, and (iv) then in compliance with all the cost terms and expenses pertaining to the Generator (which will provide electrical power to certain Common Areas conditions of the Project during periods of electrical power outages affecting the Project) will be included in Operating Expenses and in addition to Tenant’s Generator Share, Tenant will pay Tenant’s Share of such Operating Expenses in accordance with the provisions of Article 4 of this Lease. 36.7. For so long as the Generator License is in effect, Landlord will procure and keep in force a maintenance contract with respect to the Generator from a reputable and qualified third party contractor and Tenant, in addition to paying Tenant’s Share of such cost, Tenant will pay Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s Generator Share of the maintenance contract cost; provided, however that in no event will Tenant’s Generator Share of the maintenance contract cost and Tenant’s Share of Operating Expenses attributable to the Generator exceed $10,000.00 in any Lease Year.

Generator. 36.1. During Landlord is the Term, Landlord hereby grants to Tenant a non-exclusive license (the “Generator License”) subject to the provisions set forth in this Article 36. 36.2. Landlord will connect the laboratory and information technology storage portions current owner of the Premises (currently consisting of approximately 9,000 square feet) to the existing 275 KW back-up generator(s) generator and related equipment in the Building depicted on Exhibit A attached hereto and made a part hereof (individually and collectively, the “Generator”) serving ). Commencing on the Effective Date, Landlord shall make available for Tenant’s exclusive use during the Lease Term a minimum capacity of 137.5 KW from the Generator. Subject to, and without limiting, the minimum availability requirements set forth herein, Tenant acknowledges that its use of the Generator may be in common with Landlord and/or one or more other Building tenants (subject, however, to Tenant’s rights to use the Generator set forth herein), whether pursuant to rights existing on the date hereof or hereafter granted by Landlord. Without limiting the preceding sentence, Tenant acknowledges that as of the Effective Date, the only other Building tenant to which Landlord has heretofore granted such rights is Foliofn, Inc., which has been granted the exclusive right to use 137.5 KW from the Generator. There currently exists an automatic transfer switch (the “Generator WorkATS”) for in Tenant’s server room on the sole and exclusive purpose of providing up to 60 kw of emergency electrical power to the laboratory and information technology portions fourth (4th) floor of the Premises during periods of electrical power outages affecting Building that is available for Tenant’s use, but Landlord does not hereby make any representation, warranty or covenant regarding the laboratory and information technology portions load capacity of the Premises (“Generator Licensed Use”)ATS or whether the ATS will be sufficient for Tenant’s purposes in installing Tenant’s back-up system or any other equipment, or for any other purpose. Landlord will perform the Generator Work Landlord, at Tenant’s cost, which cost will shall provide such additional infrastructure upgrades as shall be included in the cost of Tenant’s Work. If the Premises is expanded necessary to include the Reservation Space, the Available Offer Space, or both, connect the Generator License will include such additional laboratory space and information technology storage space contained in to the Reservation SpaceATS, the Available Offer Space or both; providedwhich work shall include, however, that in no event will Landlord be obligated to provide Tenant with more than 60 kw of emergency electrical power. 36.3. During the Term, Tenant acknowledges and agrees that it will use the Generator solely and exclusively for the Generator Licensed Use. 36.4. The Generator License granted by Landlord pursuant to Section 36.1 of this Lease is not exclusive; and Landlord hereby reserves the right to grant, renew, or extend similar or dissimilar licenses to any and all other persons; provided, however, that the Generator Licensed Use is unaffected. 36.5. Landlord is making the non-exclusive use of the Generator under the Generator License granted by this Article 36 in the generator’s present “AS IS” condition. Landlord makes no warranty or representation that the Generator is or will be suitable for the Generator Licensed Use. Tenant will make whatever examination and study Tenant deems necessary or appropriate to ascertain whether the Generator is or will be suitable for the Generator Licensed Use. Except as expressly set forth in the following sentence, Tenant’s availing itself of any rights or incurring any obligations under or in connection the provisions of this Article 36 will be exclusively at Tenant’s expense and risk. Tenant waives and releases all claims against Landlord with respect to all matters pertaining to this Article 36, including without limitation, the installation of any required feeder lines, any required changes to the ATS and the installation of any required separate disconnect switch rated at a capacity of at least two hundred (200) KW. Landlord shall maintain the Generator, the ATS and the connections running between the Generator and the Generator Licensed UseATS, except if such matters were caused solely by Landlord’s gross negligence or willful misconductin good working order throughout the Term pursuant to a maintenance agreement with a third party which shall be in effect as of the Effective Date, which shall provide for a minimum of customary monthly testing and in no event will Landlord be liable for Tenant or anyone claiming by or through Tenant under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, exemplary, punitive, special incidental, indirect or consequential damages. 36.6quarterly extended testing. Tenant acknowledges and agrees that (i) Landlord, pursuant to the provisions of this Article 36, is dedicating a portion, i.e., 60 kw, of the total Generator capacity, i.e., 1800 kw, for Tenant’s exclusive use and will accept additional reasonable testing requirements as a result thereof, during the Term, Tenant agrees to pay to recommended by Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s proportionate share of Landlord’s costs and expenses pertaining to the Generator (“Tenant’s Generator Share”); (ii) Tenant’s Generator Share will be calculated by a fraction, the numerator of which is the amount of kilowatts dedicated for Tenant’s exclusive use and the numerator of which is the total amount of kilowatts that the Generator is rated to produce, subject to adjustment from time to time; (iii) as . Tenant shall not be responsible for any of the date cost of this Leasemaintaining or securing the Generator, Tenant’s Generator Share is 3.33% (60 kw / 1800 kw); and (iv) the cost and expenses pertaining to ATS or any of the connections between the Generator and the ATS (which will provide electrical power to certain Common Areas including, without limitation, any of the Project during periods of electrical power outages affecting the Projectcharges under such maintenance agreement), but Tenant shall reimburse Landlord, within thirty (30) will be included in Operating Expenses and in addition to Tenant’s Generator Sharedays after demand, Tenant will pay Tenant’s Share of such Operating Expenses in accordance with the provisions of Article 4 of this Lease. 36.7. For so long as the Generator License is in effect, Landlord will procure and keep in force a maintenance contract with respect to the Generator from a reputable and qualified third party contractor and Tenant, in addition to paying Tenant’s Share of such cost, Tenant will pay Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s Generator Share for fifty percent (50%) of the maintenance contract cost; provided, however that actual cost of fuel utilized in no event will Tenant’s Generator Share the operation of the maintenance contract cost and Tenant’s Share of Operating Expenses attributable to the Generator exceed $10,000.00 in any Lease YearGenerator.

Generator. 36.1. During (a) Landlord, at Landlord’s cost, shall provide Tenant with access to 250 kw of capacity from the Termgenerator supporting Tower 3 (as the same may be replaced or upgraded with 250 kw or more of capacity, Landlord hereby grants to Tenant a non-exclusive license (the “Generator LicenseTower 3 Generator”) subject or from another generator source, to the provisions set forth in this Article 36. 36.2. Landlord will connect the laboratory and information technology storage portions of the Premises (currently consisting of approximately 9,000 square feet) to the existing provide back-up generator(ssupport for Tenant’s data center and other critical operations. If such capacity is provided from (x) the Tower 3 Generator, and excess capacity is available from the Tower 3 Generator in the future, Tenant shall have the first right to use any additional excess capacity as Tenant’s future needs increase, and (individually y) another generator source, Tenant shall have the right to request that Landlord periodically marginally upsize the generator’s capacity (but in no event more often than once every twenty-four (24) months), which request shall not be unreasonably withheld, conditioned or delayed, and collectivelyTenant shall pay all reasonable, direct, out-of-pocket costs in connection with such upsize within thirty (30) days after Landlord’s written demand, as Additional Rent. In any event, Tenant shall be responsible to pay Landlord, as Additional Rent, its pro rata share of the reasonable, direct, out-of-pocket costs of operating and maintaining the applicable generator, including fuel and maintenance costs. Landlord shall have the right, in its sole discretion, to relocate any such generator. (b) Landlord shall provide a separate generator to provide life/safety and other usual backup of the Building’s systems as provided in Comparable Buildings. (c) Subject to the satisfaction of all the conditions in this Section 27, Tenant shall have the right to install in an area designated by Landlord a back-up generator (the “Generator”), which Generator shall not have a capacity in excess of 500 kw. Tenant shall not be entitled to install such Generator (i) serving (A) if such installation would adversely affect (or in a manner that would adversely affect) the Base Building Structure or Systems, or (B) without Landlord’s prior written consent (which shall not be unreasonably withheld, conditioned or delayed), if such installation would require (or in a manner that would require) any structural alteration to the Building, (ii) if such installation would violate (or in a manner that would violate) any applicable Legal Requirement, (iii) unless sufficient room therefor exists at the time of the proposed installation, (iv) unless Tenant has obtained at Tenant’s expense, and has submitted to Landlord copies of, all permits and approvals relating to such Generator and such installation, (v) unless such Generator is appropriately screened, (vi) unless such Generator is installed, at Tenant’s sole cost and expense, by a qualified contractor chosen by Tenant and approved in advance by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and (vii) unless Tenant obtains Landlord’s prior consent to the manner in which such installation work is to be done (which consent shall not be unreasonably withheld, conditioned or delayed). All plans and specifications concerning such installation shall be subject to Landlord’s prior written approval (which approval shall not be unreasonably withheld, conditioned or delayed). In the event the Generator is located in the parking facilities and takes up one or more parking spaces, then the amount of the Parking Rights shall be reduced by the amount of parking spaces that are used for the Generator. (d) At all times that Tenant accesses the Generator, Tenant and its agents shall be accompanied by a representative of Landlord (except in cases of emergency or in cases where Landlord fails to identify and make available such representative on the date of such entry). (e) At all times during the Lease Term, Tenant shall maintain said Generator in good condition and in a manner that avoids interference with or disruption to Landlord and other tenants of the Building. At the expiration or earlier termination of the Lease Term (or if Tenant discontinues use of such Generator), Tenant shall, upon written notice from Landlord, remove such Generator from the Building. (f) Upon thirty (30) days’ prior written notice to Tenant, Landlord shall have the right to require Tenant to relocate the Generator. Any such relocation shall be performed by Landlord at Landlord’s expense, and in accordance with all of the requirements of this Section. (g) In granting Tenant the right hereunder, Landlord makes no representation as to the legality of such Generator or its installation. (h) Landlord shall install and maintain an automatic transfer switch (the “Generator WorkATS”) for that shall be designed and configured to automatically connect Tenant loads to the sole and exclusive purpose applicable generator in the event of providing up to 60 kw an interruption of emergency electrical power to the laboratory Demised Premises. Landlord shall maintain the Tower 3 Generator, the ATS and information technology portions the connections running between the Tower 3 Generator and the ATS, in good working order throughout the Term pursuant to a maintenance agreement with a third party which shall be in effect as of the Premises during periods of electrical power outages affecting the laboratory and information technology portions of the Premises (“Generator Licensed Use”). Landlord will perform the Generator Work at Tenant’s costEffective Date, which cost shall provide for a minimum amount of customary monthly testing and quarterly extended testing. Tenant will accept additional reasonable testing requirements as recommended by Landlord from time to time. Except as provided in Section 4(c) above, Tenant shall not be included in responsible for any of the cost of maintaining or securing the Tower 3 Generator, the ATS or any of the connections between the Generator and the ATS (including, without limitation, any of the charges under such maintenance agreement), but Tenant shall reimburse Landlord, within thirty (30) days after demand, for its pro rata share of the actual cost of fuel utilized in the operation of the generators based on Tenant’s Work. If use of the Premises is expanded generator compared to include the Reservation Space, overall use of the Available Offer Space, or both, the Generator License will include such additional laboratory space and information technology storage space contained in the Reservation Space, the Available Offer Space or both; generator (provided, however, that in no event will Landlord be obligated to provide if Tenant with more than 60 kw is the sole user of emergency electrical power. 36.3. During the Terma generator, Tenant acknowledges and agrees that it will use the Generator solely and exclusively for the Generator Licensed Use. 36.4. The Generator License granted by Landlord pursuant to Section 36.1 of this Lease is not exclusive; and Landlord hereby reserves the right to grant, renew, or extend similar or dissimilar licenses to any and all other persons; provided, however, that the Generator Licensed Use is unaffected. 36.5. Landlord is making the non-exclusive use shall pay 100% of the Generator under the Generator License granted by this Article 36 fuel costs utilized in the generator’s present “AS IS” condition. Landlord makes no warranty or representation that the Generator is or will be suitable for the Generator Licensed Use. Tenant will make whatever examination and study Tenant deems necessary or appropriate to ascertain whether the Generator is or will be suitable for the Generator Licensed Use. Except as expressly set forth in the following sentence, Tenant’s availing itself of any rights or incurring any obligations under or in connection the provisions of this Article 36 will be exclusively at Tenant’s expense and risk. Tenant waives and releases all claims against Landlord with respect to all matters pertaining to this Article 36, including without limitation, the Generator and the Generator Licensed Use, except if such matters were caused solely by Landlord’s gross negligence or willful misconduct, and in no event will Landlord be liable for Tenant or anyone claiming by or through Tenant under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, exemplary, punitive, special incidental, indirect or consequential damages. 36.6. Tenant acknowledges and agrees that (i) Landlord, pursuant to the provisions of this Article 36, is dedicating a portion, i.e., 60 kw, of the total Generator capacity, i.e., 1800 kw, for Tenant’s exclusive use and as a result thereof, during the Term, Tenant agrees to pay to Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s proportionate share of Landlord’s costs and expenses pertaining to the Generator (“Tenant’s Generator Share”); (ii) Tenant’s Generator Share will be calculated by a fraction, the numerator of which is the amount of kilowatts dedicated for Tenant’s exclusive use and the numerator of which is the total amount of kilowatts that the Generator is rated to produce, subject to adjustment from time to time; (iii) as of the date of this Lease, Tenant’s Generator Share is 3.33% (60 kw / 1800 kw); and (iv) the cost and expenses pertaining to the Generator (which will provide electrical power to certain Common Areas of the Project during periods of electrical power outages affecting the Project) will be included in Operating Expenses and in addition to Tenant’s Generator Share, Tenant will pay Tenant’s Share operation of such Operating Expenses in accordance with the provisions of Article 4 of this Leasegenerator). 36.7. For so long as the Generator License is in effect, Landlord will procure and keep in force a maintenance contract with respect to the Generator from a reputable and qualified third party contractor and Tenant, in addition to paying Tenant’s Share of such cost, Tenant will pay Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s Generator Share of the maintenance contract cost; provided, however that in no event will Tenant’s Generator Share of the maintenance contract cost and Tenant’s Share of Operating Expenses attributable to the Generator exceed $10,000.00 in any Lease Year.

Generator. 36.1. During the TermLandlord agrees that, Landlord hereby grants to Tenant a non-exclusive license (the “Generator License”) subject to the provisions terms and conditions set forth in this Article 36. 36.2. Landlord Paragraph, Tenant will connect have the laboratory right, at Tenant’s sole cost and information technology storage portions of the Premises (currently consisting of approximately 9,000 square feet) expense, to the existing back-up generator(s) (individually install a backup generator, and collectively, the “Generator”) serving the Building an enclosure around such equipment (the “Generator WorkEmergency Power System”) for on the sole exterior of the Premises, in the location depicted on Exhibit M. Landlord will not grant any other tenant of the Project the right to install a generator on the Property. The following terms and exclusive purpose of providing up to 60 kw of emergency electrical power conditions will apply to the laboratory Emergency Power System: (a) The Emergency Power System must comply, and information technology portions of the Premises during periods of electrical power outages affecting the laboratory and information technology portions of the Premises (“Generator Licensed Use”). Landlord Tenant will perform the Generator Work at Tenant’s costcost cause the same to be and to remain in compliance, which cost with all Regulations and the requirements of all federal, state and local governmental and quasi-governmental authorities having jurisdiction over the Building. (b) The Emergency Power System must comply, and Tenant will be included in the cost of at Tenant’s Workcost cause the same to be and to remain in compliance, with all applicable insurance requirements of both Landlord’s insurer and Tenant’s insurer. The insurance provisions of Paragraph 17 of the Lease will apply to the Emergency Power System. (c) Tenant will, at its sole expense, maintain the Emergency Power System in good condition at all times during the Term. (d) If Landlord becomes aware that the Emergency Power System is in violation of this Paragraph, Landlord will so notify Tenant. If the Premises is expanded to include the Reservation SpaceTenant becomes aware, the Available Offer Space, whether by notice from Landlord or both, the Generator License will include such additional laboratory space and information technology storage space contained in the Reservation Space, the Available Offer Space or both; provided, however, that in no event will Landlord be obligated to provide Tenant with more than 60 kw of emergency electrical power. 36.3. During the Term, Tenant acknowledges and agrees that it will use the Generator solely and exclusively for the Generator Licensed Use. 36.4. The Generator License granted by Landlord pursuant to Section 36.1 of this Lease is not exclusive; and Landlord hereby reserves the right to grant, renew, or extend similar or dissimilar licenses to any and all other persons; provided, howeverotherwise, that the Generator Licensed Use Emergency Power System is unaffectedin violation of this Paragraph, Tenant will promptly correct such violation. 36.5. Landlord is making the non-exclusive use of the Generator under the Generator License granted by this Article 36 in the generator’s present “AS IS” condition. Landlord makes no warranty (e) Upon expiration or representation that the Generator is or will be suitable for the Generator Licensed Use. Tenant will make whatever examination and study Tenant deems necessary or appropriate to ascertain whether the Generator is or will be suitable for the Generator Licensed Use. Except as expressly set forth in the following sentence, Tenant’s availing itself of any rights or incurring any obligations under or in connection the provisions of this Article 36 will be exclusively at Tenant’s expense and risk. Tenant waives and releases all claims against Landlord with respect to all matters pertaining to this Article 36, including without limitation, the Generator and the Generator Licensed Use, except if such matters were caused solely by Landlord’s gross negligence or willful misconduct, and in no event will Landlord be liable for Tenant or anyone claiming by or through Tenant under any theory of tort, contract, strict liability or other legal or equitable theory for any lost profits, exemplary, punitive, special incidental, indirect or consequential damages. 36.6. Tenant acknowledges and agrees that (i) Landlord, pursuant to the provisions of this Article 36, is dedicating a portion, i.e., 60 kw, of the total Generator capacity, i.e., 1800 kw, for Tenant’s exclusive use and as a result thereof, during the Term, Tenant agrees to pay to Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s proportionate share of Landlord’s costs and expenses pertaining to the Generator (“Tenant’s Generator Share”); (ii) Tenant’s Generator Share will be calculated by a fraction, the numerator of which is the amount of kilowatts dedicated for Tenant’s exclusive use and the numerator of which is the total amount of kilowatts that the Generator is rated to produce, subject to adjustment from time to time; (iii) as of the date earlier termination of this Lease, or upon expiration or termination of Tenant’s Generator Share is 3.33% right to the Emergency Power System (60 kw / 1800 kwas provided above); and (iv) the , Tenant will, at its sole cost and expenses pertaining to expense, remove the Generator (which will provide electrical power to certain Common Areas Emergency Power System, and repair and restore any damage caused by its installation or removal, including, without limitation, restoration of the Project during periods of electrical power outages affecting the Project) will be included in Operating Expenses Building and in addition surrounding area to Tenant’s Generator Share, Tenant will pay Tenant’s Share of such Operating Expenses in accordance with the an architectural and aesthetic whole. The provisions of Article 4 this paragraph will survive the expiration or sooner termination of this Lease. 36.7(f) Tenant will pay all costs and expenses of operation and maintenance of the Emergency Power System. For so long 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 Generator License is in effect, Tenant’s operation of the Emergency Power System. (g) Landlord will procure may impose such other reasonable requirements and keep in force a maintenance contract restrictions with respect to the Generator from a reputable Emergency Power System at such time as Tenant submits its plans for the Emergency Power System, and qualified third party contractor Landlord may impose such additional reasonable requirements and Tenantrestrictions 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 addition 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 paying 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 the 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 Share 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 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 will indemnify, defend and hold 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 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 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, Tenant 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 pay Landlord as Additional Rent within 30 days of Landlord’s demand therefor, Tenant’s Generator Share of the maintenance contract cost; provided, however that in no event will Tenant’s Generator Share of the maintenance contract cost and Tenant’s Share of Operating Expenses attributable apply to the Generator exceed $10,000.00 in any Lease YearEmergency Power System.