Special Appurtenant Right. Tenant shall have the right in common with others to connect to and use the following system: (a) 100 KW emergency generator (the “Special System”) to be located adjacent to the Building (in a location as reasonably determined by Landlord), subject to the following provisions. Landlord shall use its best efforts to cause, on or before the Rent Commencement Date, the Special System to be installed and the Lab Premises connected to the central distribution point for the Special System. (1) Tenant’s use of the Special System shall be at Tenant’s sole risk to the extent permitted pursuant to Applicable Laws (Landlord making no representation or warranty regarding the sufficiency of the Special System for Tenant’s use); (2) Tenant’s use of the Special System shall be undertaken by Tenant in compliance with all Applicable Laws, including Environmental Laws, and Tenant shall obtain any and all permits required in connection with such use by Tenant (but Landlord shall obtain and maintain all required permits (e.g., APCD permit) for the installation of the emergency generator); (3) Landlord shall be responsible for connecting to the central distribution point for the Special System in connection with the Tenant Improvements. (4) The costs to operate and maintain the Special System shall be included in Operating Expenses. Tenant use of the Special System shall not exceed Tenant’s Share (i.e., ten percent (10%) since Tenant will occupy approximately ten percent (10%) of the Building) of the capacity available to tenants of any such Special System; (5) The use of the Special System shall be subject to the Rules and Regulations. (6) Tenant acknowledges and agrees, except as expressly set forth in this Lease, that there are no warranties of any kind, whether express or implied, made by Landlord or otherwise with respect to the Special Systems or any services (if any) provided in the Special System, and Tenant disclaims any and all such warranties. (7) Landlord shall maintain the Special System and any equipment connection with the Special System to Tenant’s automatic transfer switch in good working condition, and Landlord shall from time to time, as recommended by the manufacturer, test the operational and electrical load capacity of the Special System.
Appears in 1 contract
Samples: Lease (Aethlon Medical Inc)
Special Appurtenant Right. Tenant shall have the right in common with others to connect to and use the following system:
(a) 100 KW emergency generator (the “Special System”) to be located adjacent to the Building (in a the approximate location as reasonably determined by Landlord)depicted in Exhibit 29.32 attached hereto, subject to the following provisions. Landlord shall use its best efforts to cause, on or before the Rent Commencement Date, the Special System to be installed and the Lab Premises connected to the central distribution point for the Special System.conditions:
(1) Tenant’s use of the Special System shall be at Tenant’s sole risk to the extent permitted pursuant to Applicable Laws (Landlord making no representation or warranty regarding the sufficiency of the Special System for Tenant’s use);
(2) Tenant’s use of the Special System shall be undertaken by Tenant in compliance with all Applicable Laws, including Environmental Laws, and Tenant shall obtain any and all permits required in connection with such use by Tenant (but Landlord shall obtain and maintain all required permits (e.g., APCD permit) for the installation of the emergency generator);
(3) Landlord shall be responsible for connecting to the central distribution point for the Special System in connection with the Tenant Improvements.
(4) The costs to operate and maintain the Special System shall be included in Operating Expenses. Tenant use of the Special System shall not exceed Tenant’s Share (i.e., ten percent (10%) 60% since Tenant will occupy approximately ten percent (10%) 60% of the first floor of the Building) of the capacity available to tenants of any such Special System;
(5) The use of the Special System shall be subject to the Rules and Regulations.
(6) Tenant acknowledges and agrees, except as expressly set forth in this Lease, agrees that there are no warranties of any kind, whether express or implied, made by Landlord or otherwise with respect to the Special Systems or any services (if any) provided in the Special System, and Tenant disclaims any and all such warranties.
(7) Tenant’s sole remedy for any breach or default by Landlord under this Section 29.32 beyond applicable notice and cure periods shall maintain be to terminate the Special System provisions of this Section 29.32 and Tenant hereby, to the maximum extent possible, knowingly waives the provisions of any equipment connection with the Special System law or regulation, now or hereafter in effect that provides additional or other remedies to Tenant as a result of any breach by Landlord hereunder or under any such law or regulation. Landlord may, at its sole election and by prior written notice to Tenant’s automatic transfer switch , add additional Special Systems to the Building in good working conditionthe future and make the same available to all laboratory tenants, and Landlord in which case such additional systems shall from time to time, be treated as recommended by the manufacturer, test the operational and electrical load capacity of the Special SystemSystems hereunder.
Appears in 1 contract
Special Appurtenant Right. Tenant shall have the right in common with others to connect to and use the following system:
(a) 100 KW emergency generator (the “Special System”) to be located adjacent to the Building (in a the approximate location as reasonably determined by Landlord)depicted in Exhibit 29.32 attached hereto, subject to the following provisions. Landlord shall use its best efforts to cause, on or before the Rent Commencement Date, the Special System to be installed and the Lab Premises connected to the central distribution point for the Special System.conditions:
(1) Tenant’s use of the Special System shall be at Tenant’s sole risk to the extent permitted pursuant to Applicable Laws (Landlord making no representation or warranty regarding the sufficiency of the Special System for Tenant’s use);
(2) Tenant’s use of the Special System shall be undertaken by Tenant in compliance with all Applicable Laws, including Environmental Laws, and Tenant shall obtain any and all permits required in connection with such use by Tenant (but Landlord shall obtain and maintain all required permits (e.g., APCD permit) for the installation of the emergency generator);
(3) Landlord shall be responsible for connecting to the central distribution point for the Special System in connection with the Tenant Improvements.
(4) The costs to operate and maintain the Special System shall be included in Operating Expenses. Tenant use of the Special System shall not exceed Tenant’s Share (i.e., ten percent (10%) 60% since Tenant will occupy approximately ten percent (10%) 60% of the first floor of the Building) of the capacity available to tenants of any such Special System;
(5) The use of the Special System shall be subject to the Rules and Regulations.
(6) Tenant acknowledges and agrees, except as expressly set forth in this Lease, agrees that there are no warranties of any kind, whether express or implied, made by Landlord or otherwise with respect to the Special Systems or any services (if any) provided in the Special System, and Tenant disclaims any and all such warranties.
(7) Tenant’s sole remedy for any breach or default by Landlord under this Section 29.32 beyond applicable notice and cure periods shall maintain be to terminate the Special System provisions of this Section 29.32 and Tenant hereby, to the maximum extent possible, knowingly waives the provisions of any equipment connection with the Special System law or regulation, now or hereafter in effect that provides additional or other remedies to Tenant as a result of any breach by Landlord hereunder or under any such law or regulation. Landlord may, at its sole election and by prior written notice to Tenant’s automatic transfer switch , add additional Special Systems to the Building in good working conditionthe future and make the same available to all laboratory tenants, and Landlord in which case such additional systems shall from time to time, be treated as recommended by the manufacturer, test the operational and electrical load capacity of the Special System.Systems hereunder. 176640186.8 373606-000050
Appears in 1 contract
Samples: Lease (Organovo Holdings, Inc.)
Special Appurtenant Right. Tenant shall have the right in common with others to connect to and use the following system:
(a) 100 KW kW emergency generator (the “Special System”) to be located adjacent to the Building (in a location as reasonably determined by Landlord), subject to the following provisions. Landlord shall use its best efforts to cause, on or before the Rent Commencement Date, the Special System to be installed and the Lab Premises connected to the central distribution point for the Special System.
(1) Tenant’s use of the Special System shall be at Tenant’s sole risk to the extent permitted pursuant to Applicable Laws (Landlord making no representation or warranty regarding the sufficiency of the Special System for Tenant’s use);
(2) Tenant’s use of the Special System shall be undertaken by Tenant in compliance with all Applicable Laws, including Environmental Laws, and Tenant shall obtain any and all permits required in connection with such use by Tenant (but Landlord shall obtain and maintain all required permits (e.g., APCD permit) for the installation of the emergency generator);
(3) Landlord shall be responsible for connecting to the central distribution point for the Special System in connection with the Tenant Improvements.
(4) The costs to operate and maintain the Special System shall be included in Operating Expenses. Tenant use of the Special System shall not exceed Tenant’s Share (i.e., ten percent (1011.93%) since Tenant will occupy approximately ten percent (10%) of the Building) of the capacity available to tenants of any such Special System;; provided, however, so long as the adjacent tenant (Cellics Therapeutics, Inc.) remains in occupancy of the space adjacent to the Premises (i.e., its lease term, as of the date of this Lease, is scheduled to expire November 2023), Landlord hereby grants to Tenant a license to use the Special System (up to the capacity otherwise available to such tenant, which capacity is 36%). For the sake of clarity, so long as Cellics Therapeutics, Inc remains in occupancy of the space adjacent to the Premises, Tenant’s use of the Special System shall not exceed 47.93%. If Tenant’s right to use such additional capacity changes during the Lease Term, Landlord shall give to Tenant at least sixty (60) days written notice thereof, and Landlord shall cooperate with Tenant in connection with Tenant’s obtaining additional emergency power to offset the loss of such additional capacity. For so long as Tenant enjoys the right to use such additional capacity during the Lease Term, Tenant shall pay to Landlord, concurrently with the payment of Base Rent and during the Abatement Period, a monthly fee of $566.00 for the right to such additional capacity, and Tenant shall be obligated to pay Tenant’s Share of Operating Expenses pertaining solely to the Special System (i.e., allocated by Landlord among Tenant and the other tenants connected to the Special System as a cost pool) that reflects the additional 36% capacity allocated to Tenant.
(5) The use of the Special System shall be subject to the Rules and Regulations.
(6) Tenant acknowledges and agrees, except as expressly set forth in this Lease, that there are no warranties of any kind, whether express or implied, made by Landlord or otherwise with respect to the Special Systems or any services (if any) provided in the Special System, and Tenant disclaims any and all such warranties.
(7) Landlord shall maintain the Special System and any equipment connection with the Special System to Tenant’s automatic transfer switch in good working condition, and Landlord shall from time to time, as recommended by the manufacturer, test the operational and electrical load capacity of the Special System.
Appears in 1 contract
Samples: Lease (Aethlon Medical Inc)
