INSTALLATION OF GENERATOR Sample Clauses

INSTALLATION OF GENERATOR. Tenant shall have the right to install, maintain and operate, at no additional Rent to Tenant, a back-up power generator and diesel fuel tank in the location shown on Exhibit B attached to the Lease or such other location as approved reasonably acceptable to Landlord. The generator shall at all times be and remain an item of Tenant's Property and shall not be considered an alteration, addition or improvement under Section 17 of the Lease. Tenant may at any time remove the generator from its location, provided that Tenant repairs all damage caused by such removal. Tenant shall pay all costs associated with compliance with all laws, regulations and restrictive covenants, including but not limited to, construction of required spill prevention, noise abatement and visual screening.
AutoNDA by SimpleDocs
INSTALLATION OF GENERATOR. 18.1. The Seller shall, upon completion and occupation of at least 64 (being approximately 80% (eighty percent)) of the dwellings erected in the Estate, install a generator to supply the Estate with emergency electricity in the event of an interruption in the main supply, at the location marked on plan “A”.
INSTALLATION OF GENERATOR. The design, installation, and construction of the Generator and the Generator Site are subject to all of the terms and conditions of the Lease with regard to alterations, and the manufacturer, qualified vendor, and/or any subcontractors employed in connection with the installation and/or maintenance of the Generator must be approved in advance by Landlord, not to be unreasonably withheld. Any repairs, maintenance, and cleaning of the Building, parking areas, and/or the Premises made necessary as a result of the installation, maintenance, or operation of the Generator are the sole responsibility of Tenant.
INSTALLATION OF GENERATOR. Tenant shall have the right to install, at Tenant’s sole cost and expense, a generator for Tenant’s exclusive use in the location specified on Exhibit A-2 attached hereto. The size and type of the generator shall be subject to Landlord’s prior written approval, which shall not be unreasonably withheld. Tenant shall be responsible for installation of all necessary equipment associated with the generator as well as any screening required by Landlord, Applicable Laws or covenants and restrictions of record. Landlord shall have the right to require and approve screening for such generator, but such approval shall not be deemed to be a representation or warranty that the screening complies with Applicable Law or covenants and restrictions of record. Tenant shall operate, maintain and repair the generator, at Tenant’s sole expense, in a fully operable condition and in compliance with the manufacturer’s specifications and all Applicable Laws. In the event that any modification to the area in which the generator is installed, including screening thereof, is at any time required by any Applicable Law or any covenant or restriction of record, Tenant shall commence such modification within thirty (30) days after receipt of notice thereof from Landlord or any governmental agency and shall diligently pursue such modification to completion. If Tenant fails to commence such modification with such thirty (30) day period or diligently pursue such modification to completion, Landlord shall be entitled to make such modifications and charge the amount of such modifications to Tenant as Additional Rent. Tenant shall be responsible for the cost of any electricity used by the generator or its associated equipment. On or before the final day of the Term, Tenant shall remove the generator and its associated equipment from the Property and repair any damage caused thereby. Tenant hereby agrees to indemnify, defend and hold Landlord harmless for any and all liabilities, claims, damages, injuries or losses, including, without limitation, all costs, expenses, court costs and reasonable attorney’s fees imposed on Landlord by any person whomsoever caused by or resulting from the installation, operation, maintenance, removal or repair of the generator or associated equipment, except for any such liability, claim, damage, injury or loss caused by Landlord, its employees, agents or contractors.
INSTALLATION OF GENERATOR. Landlord shall allow Tenant to maintain two (2) generators, diesel tanks and related equipment on a pad site within the Building area as more particularly shown on the site plan attached hereto and incorporated herein by this reference as Exhibit R-1 (the “Pad Site”) which is where such equipment was placed pursuant to the Prior Lease, provided that all governmental authorities having jurisdiction thereover have granted the necessary approvals and/or licenses therefor. Tenant shall maintain the generators, diesel tanks and related equipment in good condition and repair, and Landlord shall in no event bear any responsibility therefor. All costs incurred in the pursuit and obtainment of approvals of licenses, and the cost of maintenance, repair and removal of the generator shall be at Tenant’s sole expense. Tenant agrees to indemnify and hold Landlord harmless from any damages or losses whatsoever occasioned by Landlord as a result of such installation, maintenance or removal. Within thirty (30) days after the end of the Lease Term, Tenant shall remove the generators, diesel tanks and all related equipment, and shall return the Pad Site and other portions of the Building area to the condition that existed prior to the installation of the generator, diesel tank and related equipment.
INSTALLATION OF GENERATOR. Notwithstanding anything to the contrary contained herein, Landlord hereby grants to Tenant the right to install, in the location identified on EXHIBIT "H" attached hereto, a fully enclosed maximum of 1,500 KW diesel or other type of generator to provide auxiliary power for the Premises (the "GENERATOR"). Additionally, Tenant shall have the right, at its sole cost and expense, to change its source of back-up energy from the diesel generator contemplated herein to an alternative energy source (the "ALTERNATIVE ENERGY SOURCE"), provided Landlord reasonably approves of such change based on aesthetics, compliance with laws and any and all noise/nuisance issues that may arise therefrom. Any parking spaces which are lost due to the existence of the Generator and/or AST (defined below), and/or the Alternative Energy Source, as applicable, will come out of the parking allocated to Tenant under this Lease. The method of installation of the Generator and/or the Alternative Energy Source, and the screening therefor shall be subject to all governmental requirements and Landlord's prior written approval, which approval shall not be unreasonably withheld or delayed, and in no event may the installation of the Generator and/or the Alternative Energy Source involve the installation of an underground storage tank. The above-ground storage tank associated with the Generator (the "AST") shall be installed in accordance with all governmental requirements and at a minimum shall not exceed 2,500 gallons in capacity, shall be double-walled in thickness, shall contain diesel fuel only (to only power the Generator), and shall employ at a minimum a double containment system whereby if the first containment system fails, a second containment system shall be present to prevent releases of Hazardous Materials. For these purposes, a sealed, uncracked concrete basement slab containment area without drains or a second tank containment system shall be sufficient to constitute the second containment system, provided it is large enough to completely contain a release of the maximum volume of Hazardous Materials which could be present in the first containment system. If Tenant desires to locate the Generator and AST in a location different than that shown on EXHIBIT "H", then Landlord will not unreasonably withhold, delay or condition its consent thereto and Tenant acknowledges that any loss of parking attributable to the Generator and/or AST, and/or the Alternative Energy Source will be at ...
INSTALLATION OF GENERATOR. Landlord shall allow Tenant to construct and install a generator, diesel tank and related equipment on a pad site within the Building Complex as more particularly described on the site plan attached hereto and incorporated herein by this reference as Exhibit A (the "Pad Site"), provided that all governmental authorities having jurisdiction thereover have granted the necessary approvals and/or licenses therefor. Tenant shall construct and install the generator and related equipment in strict accordance with the attached plan which has been approved by Landlord. All construction work shall 1 -290- be supervised by Tenant and overseen and approved by Landlord, it being agreed that Tenant shall bear all responsibility for the completion of the construction and installation of the generator, and that Landlord shall in no event bear any responsibility therefor. All costs incurred in the pursuit and obtainment of approvals or licenses, and the costs of construction, installation, maintenance and removal of the generator shall be at Tenant's sole expense. Tenant agrees to indemnify and hold Landlord harmless from any damages or losses whatsoever occasioned by Landlord as a result of such installation, maintenance or removal. At the end of the Lease term, Tenant shall remove the generator and all related components thereto, and shall return the Pad Site and any other portions of the Building Complex to the condition that existed prior to the installation of the generator.
AutoNDA by SimpleDocs

Related to INSTALLATION OF GENERATOR

  • Generator Subject to the provisions of this Section 29.36, Tenant shall be entitled to install, operate and maintain a generator and any other equipment related thereto, including, without limitation, a fuel system, wiring and shaft space (“Generator”) next to the Building at Tenant’s sole cost and expense (without paying any additional fee or rental to Landlord for the use thereof). Prior to the installation of the Generator, Tenant shall inspect the proposed location to determine a suitable location for the Generator, and Tenant shall submit written plans and specifications relative to the type, size and proposed location (including any proposed screening) of the Generator to Landlord for its review and written approval. Tenant shall be solely responsible for the cost of acquisition, installation, operation, and maintenance of the Generator; and Tenant shall install, maintain and operate the Generator in accordance with all federal, state, and local laws, statutes, ordinances, rules and regulations, including without limitation, obtaining and maintaining any and all permits, approvals and licenses required to install and operate the Generator by any governmental authority having jurisdiction. Landlord and Tenant agree that, upon the expiration of earlier termination of the Lease Term, Tenant shall not be required to remove the Generator, any associated cabling, wiring and screening or other improvements. Tenant shall not be entitled to grant or assign to any third party (other than a permitted assignee of Tenant’s rights under the Lease or a permitted subtenant relative to the Premises (or a portion thereof)) the right to use the Generator without Landlord’s prior written consent (which consent may be granted or withheld in Landlord’s discretion). Upon reasonable advance notice to Tenant (and provided Landlord reasonably coordinates with Tenant and provides an alternate source of backup generator capacity during said transition), Landlord shall be entitled to cause the Generator to be moved to another location near the Building, at Landlord’s cost and expense. Tenant shall pay all personal property taxes on the Generator. Tenant shall also pay any increases in the real property taxes of the Building due to the installation of the Generator within thirty (30) days of receipt of notice from Landlord which includes proof of such increase in taxes. Tenant’s indemnity obligations under Section 5.4.1.5 of the Lease, relating to the use of Hazardous Materials, shall apply to the use and operation of the Generator. Finally, Tenant’s insurance obligations under Section 10.3 of the Lease shall apply to the Generator.

  • Installation Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor’s authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order.

  • Emergency Generator Although Landlord is the owner of emergency generator and related automatic transfer switches serving the Building and the 901 Building (collectively, the “Emergency Generator”), prior to the date of this First Amendment, Tenant, as the sole tenant of the Building and the 901 Building, has been operating and maintaining the Emergency Generator. Tenant shall, on the date that is 1 day after the mutual execution and delivery of this First Amendment by the parties (“EG Transfer Date”), (x) deliver the Emergency Generator to Landlord in good working order with a full tank of diesel (y) assign to, transfer and deliver to Landlord all governmental permits and licenses (to the extent such permits and licenses are assignable), if any, warranties (to the extent assignable), operating and maintenance manuals, records and other documents concerning the Emergency Generator, and (y) terminate any service, maintenance or other contracts maintained by Tenant with respect to the Emergency Generator. Tenant has not been obligated to maintain a wastewater permit in connection with the Emergency Generator. With respect to any permit required for the Emergency Generator, Landlord acknowledges and agrees that Tenant has been in the process of obtaining a generator permit in connection with a Tenant permitting process underway with the Bay Area Air Quality Management District (“BAAQMD”) for the 901 Building, that Tenant will remove the generator from its permit application with BAAQMD, and that Landlord will need to obtain a generator permit from BAAQMD in its own name. To the best of Tenant’s knowledge, Tenant does not have any other permits in connection with the Emergency Generator. To the extent Tenant has current contracts with any vendors for the Emergency Generator, Tenant and Landlord shall reasonably cooperate to assign or terminate such contracts in the manner set forth in Section 14 above regarding utilities. To the extent it is not possible for Tenant to remove the request for a generator permit from its BAAQMD application or to assign or terminate any service maintenance or other contracts within 1 day after the mutual execution and delivery of this First Amendment, Tenant shall not be in default hereunder if Tenant promptly commences efforts to do so and diligently performs until such actions have been completed within a reasonable period after such date. Landlord shall, within 5 days of the EG Transfer Date, as part of Expenses, conduct such testing of the Emergency Generator required, in Landlord’s sole and absolute discretion, to determine whether the Emergency Generator is, in fact, in good working order. If such testing discloses that the Emergency Generator is not in good working order, Landlord shall have the right, at Tenant’s sole cost and expense, to perform any maintenance and/or repairs required to put the Emergency Generator in good working order. Following the EG Transfer Date, Landlord’s sole obligation for either providing emergency generators or providing emergency back-up power to Tenant shall be: (i) to provide emergency generators with not less than the current capacity of the Emergency Generator and Tenant shall be entitled to Tenant’s share of the capacity thereof available for use by all tenants of the Building and the 901 Building, collectively, in accordance with the rentable area of the Premises and the 901 Building and the collective rentable areas of the Building and the 901 Building occupied by such other tenants, (ii) to contract with a third party to maintain the emergency generators (“Emergency Generator Servicer”) as per the manufacturer’s standard maintenance guidelines, and (iii) to obtain and maintain licenses for the emergency generators as required by applicable law. Landlord shall have no obligation to provide Tenant with operational emergency generators or back-up power or to supervise, oversee or confirm that the Emergency Generator Servicer or any other third party maintaining the emergency generators is maintaining the generators as per the manufacturer’s standard guidelines or otherwise. Landlord shall provide to Tenant copies of any reports received by Landlord from the Emergency Generator Servicer regarding its maintenance and repairs of the emergency generators; provided, however, that in no event shall Landlord’s failure to deliver such reports constitute a default by Landlord under the Lease. During any period of replacement, repair or maintenance of the emergency generators when the emergency generators are not operational, including any delays thereto due to the inability to obtain parts or replacement equipment, Landlord shall have no obligation to provide Tenant with an alternative back-up generator or generators or alternative sources of back-up power. Tenant expressly acknowledges and agrees that Landlord does not guaranty that such emergency generators will be operational at all times or that emergency power will be available to the Premises when needed. Landlord shall provide Tenant with not less than five (5) business days’ notice of the scheduled disruption in the operation of the emergency generators. In the case of an emergency, Landlord shall provide Tenant with notice of any emergency disruption as soon as reasonably possible after Landlord becomes aware of the need for such emergency disruption.

  • Installation and Maintenance of Meters The Servicer shall cause to be installed, replaced and maintained meters in accordance with the Servicer Policies and Practices.

  • Maintenance Repairs Utility Installations Trade Fixtures and Alterations 7.1 Lessee's Obligations.

  • Communications Equipment Members of the board of directors or any committee thereof may participate in and act at any meeting of such board or committee through the use of a conference telephone or other communications equipment by means of which all persons participating in the meeting can hear each other, and participation in the meeting pursuant to this section shall constitute presence in person at the meeting.

  • Building Services Labor Law Article 9 applies to Contracts for building service work over $1,500 with a public agency, that: (i) involve the care or maintenance of an existing building, or (ii) involve the transportation of office furniture or equipment to or from such building, or (iii) involve the transportation and delivery of fossil fuel to such building, and (iv) the principal purpose of which is to furnish services through use of building service employees.

  • HVAC A. Heating, ventilating and air conditioning equipment will be provided with sufficient capacity to accommodate a maximum population density of one (1) person per one hundred fifty (150) square feet of useable floor area served, and a combined lighting and standard electrical load of 3.0 xxxxx per square foot of useable floor area. In the event Tenant introduces into the Premises personnel or equipment which overloads the system’s ability to adequately perform its proper functions, Landlord shall so notify Tenant in writing and supplementary system(s) may be required and installed by Landlord at Tenant’s expense, if within fifteen (15) days Tenant has not modified its use so as not to cause such overload. Operating criteria of the basic system shall not be less than the following:

  • Additional Equipment Additional Equipment may from time to time be added as the subject matter of this Agreement as agreed on by the parties. Any additional property will be added in an amendment describing the property, the monthly rental, security deposit, and stipulated loss value of the additional Equipment. All amendments must be in writing and signed by both parties. Other than by this amendment procedure, this Agreement may not be amended, modified, or altered in any manner except in writing signed by both parties.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!