Common use of Tenant’s Generator Clause in Contracts

Tenant’s Generator. In the event that Tenant requires its own emergency back up generator, subject to there being an adequate space in Landlord’s sole judgment where such generator could be located without diminishing the aesthetics of the Project, and subject to Tenant’s obtaining all governmental permits and approvals required in connection therewith at the sole cost and expense of Tenant, and Landlord’s approval (which shall not be unreasonably withheld or delayed) of plans and specifications indicating, without limitation, sizes, profiles, screening and proposed location, Tenant shall be permitted to install, use and maintain, at Tenant’s sole cost and expense: (a) one exterior pad mounted emergency back-up generator to service its needs at the Project consisting of a exterior concrete pad, together with appurtenant items of equipment including fittings, switches, and cabling, and such perimeter wooden fencing and landscaping to shield the generator from view, and acoustical insulation as may be reasonably required by Landlord (such equipment and appurtenances, collectively, the “Generator”). The plans submitted to Landlord for approval shall show any access Tenant may require outside the Premise for vertical and horizontal access paths from Tenant’s Generator to the Building’s data closet. Tenant shall be responsible for providing all additional support required to the structure of the Building. Tenant shall insure that any penetrations into the Building related to the Generator are properly sealed. Tenant represents and warrants the Generator is for the sole purpose of storing diesel fuel and generating emergency power in the event of a power outage in the Premises. No changes in the specifications or location of the Generator shall be permitted without the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Notwithstanding anything to the contrary, the Generator shall be located on grade, and shall not include any underground storage tank, or piping other than for electrical transmission.

Tenant’s Generator. In the event that Tenant requires its own emergency back up generator, subject to there being an adequate space in Landlord’s 's sole judgment where such generator could be located without diminishing the aesthetics of the Project, and subject to 44 Tenant’s 's obtaining all governmental permits and approvals required in connection therewith at the sole cost and expense of Tenant, and Landlord’s 's approval (which shall not be unreasonably withheld or delayed) of plans and specifications indicating, without limitation, sizes, profiles, screening and proposed location, Tenant shall be permitted to install, use and maintain, at Tenant’s 's sole cost and expense: (a) one exterior pad mounted emergency back-up generator to service its needs at the Project consisting of a exterior concrete pad, together with appurtenant items of equipment including fittings, switches, and cabling, and such perimeter wooden fencing and landscaping to shield the generator from view, and acoustical insulation as may be reasonably required by Landlord (such equipment and appurtenances, collectively, the “"Generator”"). The plans submitted to Landlord for approval shall show any access Tenant may require outside the Premise for vertical and horizontal access paths from Tenant’s 's Generator to the Building’s 's data closet. Tenant shall be responsible for providing all additional support required to the structure of the Building. Tenant shall insure that any penetrations into the Building related to the Generator are properly sealed. Tenant represents and warrants the Generator is for the sole purpose of storing diesel fuel and generating emergency power in the event of a power outage in the Premises. No changes in the specifications or location of the Generator shall be permitted without the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Notwithstanding anything to the contrary, the Generator shall be located on grade, and shall not include any underground storage tank, or piping other than for electrical transmission.

Tenant’s Generator. In the event Landlord acknowledges that Tenant requires its own emergency back up generatorshall have the right, subject to there being an adequate space in Landlord’s sole judgment where such generator could be located without diminishing the aesthetics of the Project, at Tenant's option and subject to Tenant’s obtaining all governmental permits and approvals required in connection therewith at the sole cost and expense of Tenant, and Landlord’s approval (which shall not be unreasonably withheld or delayed) of plans and specifications indicating, without limitation, sizes, profiles, screening and proposed location, Tenant shall be permitted to install, use and maintain, at Tenant’s sole cost and expense: , to install, operate, repair, replace and maintain a supplemental battery operated generator (a) one exterior pad mounted emergency back-up generator to service its needs at the Project consisting of a exterior concrete pad, together with appurtenant items of equipment including fittings, switches, and cabling, and such perimeter wooden fencing and landscaping to shield the generator from view, and acoustical insulation as may be reasonably required by Landlord (such equipment and appurtenances, collectively, the “Generator”) in a location to be reasonably determined by Landlord and Tenant (the “Generator Space”). The plans submitted to Landlord ; provided, however, that (i) Tenant shall be solely responsible for approval shall show any access Tenant may require outside all costs of installation, maintenance, repair and replacement of the Premise for vertical and horizontal access paths from Tenant’s Generator to the Building’s data closet. Generator, (ii) Tenant shall be responsible for providing all additional support required to the structure costs of the Building. Tenant shall insure that any penetrations into the Building related to the Generator are properly sealed. Tenant represents operation of such Generator, and warrants the Generator is for the sole purpose of storing diesel fuel and generating emergency power in the event of a power outage in the Premises. No changes in the specifications or location (iii) Tenant’s installation of the Generator shall be permitted without the subject to Landlord’s prior written consent approval in accordance with the terms and conditions of Landlord, such consent not to be unreasonably withheld, conditioned, or delayedSection 8.A. hereof. Notwithstanding anything contained in this Section 9.F. to the contrary, Landlord shall use good faith efforts to provide the Generator Space in a location which can accommodate the Generator and all Generator appurtenances at no additional rental cost to Tenant; provided, however, that if Landlord determines that the Generator or any portion thereof should be located in any space in the Building which comprises rentable space, then Tenant shall pay for Tenant's use of the rentable portion of the Generator Space, as Additional Rent hereunder, the then applicable market rent or parking fee for such rentable space, as applicable, as reasonably determined by Landlord. Tenant shall comply with Landlord's standard requirements regarding Tenant’s use, operation and maintenance of the Generator with respect to noise, vibration, screening and testing. Landlord shall have the right, in Landlord's reasonable judgment, by providing Tenant with not less than one hundred twenty (120) days’ prior written notice and paying the reasonable cost of relocation of the Generator, to relocate the Generator from the Generator Space to another area to be determined by Landlord. In addition, Landlord and Tenant acknowledge that the installation of the Generator shall be located on gradeinclude the costs of demising the Generator Space, if applicable, the costs of installation of connecting conduits, and all actual costs of installation, operation, maintenance, repair, replacement and removal of the Generator, all of which costs shall not include be paid solely by Tenant. The installation and placement of the Generator shall comply with all applicable Laws. Prior to the Lease Expiration Date, Tenant shall restore the Generator Space and any underground storage tankdamage to the Land, the Building, the Premises or piping other than for electrical transmissionany combination thereof, to their condition immediately prior to the installation thereof, reasonable wear and tear, casualty and condemnation excepted.

Tenant’s Generator. In (a) Subject to the event that provisions of Article 3, Landlord will grant to Tenant, for Tenant's own use and not for resale purposes, a non-exclusive license for an area to be designated by Landlord in Landlord's reasonable discretion, for the construction, installation, operation and use by Tenant requires its own emergency back up generatorof a 600 kilowatt diesel-powered electric generator and other related equipment, including, but not limited to, mountings and supports (collectively such equipment being hereinafter referred to, individually or collectively, as "Tenant's Equipment"), at a location designated by Landlord. Tenant will have full control over the maintenance and operation of Tenant's Equipment and may, subject to there being an adequate space in Landlord’s sole judgment where such generator could be located without diminishing 's reasonable approval as to dimensions and location, install a 3,000 gallon diesel fuel tank. Tenant will reimburse Landlord for the aesthetics actual cost of any diesel fuel used as measured by a fuel meter. In connection with the Projectforegoing, and subject to the rights of other tenants in the Building, Landlord shall make available to Tenant access to the applicable area, for the construction, installation, maintenance, repair, operation and use of Tenant’s obtaining all governmental permits 's Equipment. If Tenant requires riser space for electrical conduits connecting Tenant's Equipment to the Premises, then, subject to the rights of other tenants in the Building, and approvals required subject to the provisions of Article 3 hereof, Landlord shall make available to Tenant, for Tenant's use solely in connection therewith with Tenant's Equipment, sufficient space in the Building, at a location reasonably determined by Landlord, for the installation of a riser. All work in connection with the installation of such riser, including core drilling, if required, shall be performed at Tenant's sole cost and expense, including the cost of a fire watch and related supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall prescribe. References herein to Tenant's Equipment shall be deemed to include such riser and the electrical conduits appurtenant thereto. Without in any way limiting Landlord's approval rights contained in this Article 42 or anywhere else in this Lease, Landlord conditionally approves (i) the farthest west parking space in the parking garage for the location of Tenant's Equipment and (ii) a separate room within the basement of the Building which room is due east of the fuel oil tank currently located thereat for the location of the aforementioned 3,000 gallon diesel fuel tank. With respect to each of the aforementioned spaces, Landlord shall deliver same "AS IS", without in any way being obligated to prepare such spaces for Tenant's use thereof or make any alterations to such spaces whatsoever. (b) The installation of Tenant's Equipment shall constitute an Alteration and shall be performed at Tenant's sole cost and expense in accordance with and subject to the provisions of Article 3 hereof. All of the provisions of this Lease shall apply to the installation, use and maintenance of Tenant's Equipment, including all provisions relating to compliance with legal requirements and Landlord’s approval (which insurance requirements, insurance, indemnity, repairs and maintenance. The license granted to Tenant in this Article 42 shall not be unreasonably withheld or delayed) assignable by Tenant separately from this Lease. Tenant's Equipment shall be treated for all purposes of plans and specifications indicating, without limitation, sizes, profiles, screening and proposed location, this Lease as Tenant's Property. Tenant shall pay to Landlord monthly, as Additional Rent upon demand, the amount, determined by Landlord in its reasonable discretion, by which Taxes imposed upon the Building have been increased on account of Tenant's installation of Tenant's Equipment. (c) Tenant shall have reasonable access at all times to, and Landlord shall not interfere with, the use of the Equipment so as to cause the functioning thereof to be permitted materially interrupted or impaired. Tenant shall use Tenant's Equipment so as not to installcause any interference to Landlord's use of the Building or the Real Property, including the use by Landlord or other tenants or occupants of the Building of equipment and maintainfacilities thereon, or damage to or interference with the operation of the Building or systems. If Tenant's Equipment interferes with or disturbs the reception or transmission of communication signals by or from any antennas, satellite dishes or similar equipment installed by Landlord or any other tenant in the Building on or before the installation by Tenant of Tenant's Equipment, or if Tenant's Equipment interferes with the operation of the Building or the Building systems, then Tenant, at Tenant’s its sole cost and expense: , shall relocate Tenant's Equipment to another area designated by Landlord. (ad) one exterior pad mounted emergency back-up generator Tenant acknowledges and agrees that the privileges granted Tenant under this Article 42 shall merely constitute a license and shall not, now or at any time after the installation of Tenant's Equipment, be deemed to service its needs at grant Tenant a leasehold or other real property interest in the Project consisting of a exterior concrete pad, together with appurtenant items of equipment including fittings, switches, and cabling, and such perimeter wooden fencing and landscaping to shield the generator from view, and acoustical insulation as may be reasonably required by Landlord (such equipment and appurtenances, collectively, the “Generator”)Building or any portion thereof. The plans submitted license granted to Landlord for approval Tenant in this Article 42 shall show any access Tenant may require outside co-exist with the Premise for vertical and horizontal access paths from Tenant’s Generator to the Building’s data closet. Tenant shall be responsible for providing all additional support required to the structure of the Building. Tenant shall insure that any penetrations into the Building related to the Generator are properly sealed. Tenant represents and warrants the Generator is for the sole purpose of storing diesel fuel and generating emergency power in the event of a power outage in the Premises. No changes in the specifications or location of the Generator shall be permitted without the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Notwithstanding anything to the contrary, the Generator shall be located on gradeLease, and shall not include any underground storage tank, be revoked so long as so long as this Lease has not been terminated and shall automatically terminate and expire upon the expiration or piping other than for electrical transmissionearlier termination of this Lease and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination.

Tenant’s Generator. In the event that Tenant requires its own emergency back up generator, subject (a) Subject to there being an adequate space in Landlord’s sole judgment where such generator could be located without diminishing the aesthetics prior written approval of the Project, design and subject to Tenant’s obtaining all governmental permits and approvals required in connection therewith at the sole cost and expense of Tenant, and Landlord’s approval specifications therefor (which approval shall not be unreasonably withheld or delayed), Tenant shall have the right, at its sole cost and expense, to install, operate, repair, maintain and replace three (3) back-up generators reasonably necessary for Tenant’s requirements including natural gas or fuel supply and tank therefor reasonably necessary for Tenant’s requirements (not to exceed applicable code requirements), and all reasonably necessary cabling and related appurtenances (collectively, the “Generator”) to serve the Premises in mutually acceptable locations hereafter designated by the parties if Tenant elects to install the Generator. (b) No Rent shall be charged to Tenant for the area to be occupied by the Generator and the areas required to connect the Generator to the appropriate locations within the Premises. Tenant will be solely responsible for all utility charges incurred with respect to the Generator, as separately metered (at Tenant’s expense). (c) Installation of the Generator and any related cabling, conduit and appurtenances at the Premises will be deemed Tenant Lines and will be governed by the applicable provisions of this Lease relating to Tenant Lines. Tenant will submit to Landlord at least thirty (30) days prior to the proposed installation date(s) (i) Tenant’s proposed plans and specifications indicatingrelating to the installation, without limitationoperation and use of the Generator, sizesand (ii) all other information required pursuant to the Lease, profiles, screening or otherwise reasonably required by Landlord with respect to such Tenant Lines. Tenant may not commence any work to install a Generator until it has received Landlord’s prior written approval (in Landlord’s reasonable discretion) of all such deliveries. The Generator and proposed location, all related Tenant Lines installed by Tenant shall be permitted considered part of the Premises for purposes of Tenant’s insurance and indemnity obligations under the Lease. LANDLORD MAKES NO WARRANTIES OF ANY KIND REGARDING THE FUNCTIONALITY, QUALITY OR PROPER OPERATION OF THE GENERATOR AND TENANT ASSUMES ALL RISK WITH RESPECT THERETO. (d) Tenant will comply with all applicable Legal Requirements and restrictive covenants affecting the Premises and Landlord’s reasonable directives relating to installthe installation, use operation, maintenance and maintainrepair of the Generator, including, but not limited to (i) obtaining and maintaining, or causing to be obtained and maintained, all applicable permits required for the installation, operation, maintenance and repair, (ii) implementing spill prevention control and countermeasures and containment plan(s) (as required by federal, state, or local regulations) or best management practices plan(s), (iii) providing evidence of insurance covering such facilities, and (iv) maintaining and inspecting such facilities and related equipment and keeping records related thereto. Tenant will maintain and repair the Generator in good operating condition throughout the Term, at Tenant’s sole cost and expense: . Any replacement (aexcluding insured casualty), all maintenance and repair of the Generator and all governmental compliance required in connection with the Generator will be Tenant’s sole responsibility and Tenant’s sole cost and expense. (e) one exterior pad mounted emergency backTenant may not use the Generator for any purpose other than solely in connection with Tenant’s or Tenant’s sublessee’s occupancy of the Premises for the permitted use and in accordance with any applicable permit(s) pertaining to the Generator. This provision does not modify Tenant’s permitted use of the Premises and does not relieve Tenant of any environmental liability under this Lease. (f) If a Generator is actually installed and used by Tenant during the Term, at any time within ninety (90) days prior to the expiration of the Lease, or earlier termination of the Lease, Landlord may, at Tenant’s cost and expense, cause a qualified environmental consultant reasonably acceptable to Landlord and Tenant to perform an environmental investigation to determine whether a release of any Hazardous Substances has occurred, during the Term of this Lease with respect to the Generator if the Generator was actually installed and used by Tenant during the Term. Within thirty (30) days following the expiration or earlier termination of this Lease, Tenant may elect (but shall not be required) to remove the Generator, but if Tenant elects to do so, Tenant shall promptly (i) remove the Generator (and any related fuel tanks, conduit, fuel lines, cabling and other appurtenances associated therewith), (ii) restore the affected areas to base-Building condition in accordance with plans and specifications reasonably acceptable to Landlord and all applicable laws, and (iii) repair any damage to the Premises caused by the removal of the Generator. Tenant shall perform any required environmental remediation for the release of any Hazardous Substances caused by Tenant during the Term of this Lease in accordance with applicable Legal Requirements, all at Tenant’s sole cost and expense. If the environmental investigation performed by the environmental consultant as provided above confirms the release of any Hazardous Substances caused by Tenant in violation of applicable Legal Requirements or this Lease, Tenant must thereafter perform any required clean up generator or remediation in accordance with applicable Legal Requirements or the terms of this Lease, as applicable, and document with a report prepared by a qualified environmental consultant reasonably approved by Landlord, evidencing either no impact to service its needs at soil and groundwater exceeding state cleanup criteria for the Project consisting use of the site, or that any impacted soil or groundwater has been remediated in a exterior concrete padmanner and to a level meeting the applicable state cleanup criteria, together with appurtenant items any applicable state assurance or closure. (g) If a Generator is installed and used by Tenant during the Term, Tenant will promptly report to Landlord any spill or release and any citations or notices of equipment including fittings, switches, violation and cabling, and such perimeter wooden fencing and landscaping will provide Landlord with copies thereof. Such notification to shield the generator Landlord will not relieve Tenant from view, and acoustical insulation as may be reasonably its obligations to notify governmental agencies. Any action required by Landlord (such equipment and appurtenances, collectively, the “Generator”). The plans submitted to Landlord for approval shall show any access Tenant may require outside the Premise for vertical and horizontal access paths from Tenant’s Generator to the Building’s data closet. Tenant shall be responsible for providing all additional support required to the structure of the Building. Tenant shall insure that any penetrations into the Building related to the Generator are properly sealed. Tenant represents and warrants the Generator is for the sole purpose of storing diesel fuel and generating emergency power a governmental agency in the event of a power outage in the Premises. No changes in the specifications or location of connection with the Generator shall be permitted without performed by Tenant at its sole cost and expense and in compliance with all Legal Requirements. (h) If a Generator is actually installed and used by Tenant during the prior written consent Term, Tenant shall make annual inspections, at Tenant’s expense, to ensure regulatory compliance and the proper operation, maintenance and repair of the Generator, and will forward copies of such inspection reports to Landlord promptly following receipt of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Notwithstanding anything to the contrary, the Generator shall be located on grade, and shall not include any underground storage tank, or piping other than for electrical transmission’s written request(s) therefor.

Tenant’s Generator. In (a) Subject to the event that provisions of Article 3, Landlord will grant to Tenant, for Tenant's own use and not for resale purposes, a non-exclusive license for an area to be designated by Landlord in Landlord's reasonable discretion, for the construction, installation, operation and use by Tenant requires its own emergency back up generatorof a 600 kilowatt diesel-powered electric generator and other related equipment, including, but not limited to, mountings and supports (collectively such equipment being hereinafter referred to, individually or collectively, as "Tenant's Equipment"), at a location designated by Landlord. Tenant will have full control over the maintenance and operation of Tenant's Equipment and may, subject to there being an adequate space in Landlord’s sole judgment where such generator could be located without diminishing 's reasonable approval as to dimensions and location, install a 3,000 gallon diesel fuel tank. Tenant will reimburse Landlord for the aesthetics actual cost of any diesel fuel used as measured by a fuel meter. In connection with the Projectforegoing, and subject to the rights of other tenants in the Building, Landlord shall make available to Tenant access to the applicable area, for the construction, installation, maintenance, repair, operation and use of Tenant’s obtaining all governmental permits 's Equipment. If Tenant requires riser space for electrical conduits connecting Tenant's Equipment to the Premises, then, subject to the rights of other tenants in the Building, and approvals required subject to the provisions of Article 3 hereof, Landlord shall make available to Tenant, for Tenant's use solely in connection therewith with Tenant's Equipment, sufficient space in the Building, at a location reasonably determined by Landlord, for the installation of a riser. All work in connection with the installation of such riser, including core drilling, if required, shall be performed at Tenant's sole cost and expense, including the cost of a fire watch and related supervisory costs relating to any core drilling, which shall be performed in such a manner and at such times as Landlord shall prescribe. References herein to Tenant's Equipment shall be deemed to include such riser and the electrical conduits appurtenant thereto. Without in any way limiting Landlord's approval rights contained in this Article 42 or anywhere else in this Lease, Landlord conditionally approves (i) the farthest west parking space in the parking garage for the location of Tenant's Equipment and (ii) a separate room within the basement of the Building which room is due east of the fuel oil tank currently located thereat for the location of the aforementioned 3,000 gallon diesel fuel tank. With respect to each of the aforementioned spaces, Landlord shall deliver same "AS IS", without in any way being obligated to prepare such spaces for Tenant's use thereof or make any alterations to such spaces whatsoever. (b) The installation of Tenant's Equipment shall constitute an Alteration and shall be performed at Tenant's sole cost and expense in accordance with and subject to the provisions of Article 3 hereof. All of the provisions of this Lease shall apply to the installation, use and maintenance of Tenant's Equipment, including all provisions relating to compliance with legal requirements and Landlord’s approval (which insurance requirements, insurance, indemnity, repairs and maintenance. The license granted to Tenant in this Article 42 shall not be unreasonably withheld or delayed) assignable by Tenant separately from this Lease. Tenant's Equipment shall be treated for all purposes of plans and specifications indicating, without limitation, sizes, profiles, screening and proposed location, this Lease as Tenant's Property. Tenant shall pay to Landlord monthly, as Additional Rent upon demand, the amount, determined by Landlord in its reasonable discretion, by which Taxes imposed upon the Building have been increased on account of Tenant's installation of Tenant's Equipment. (c) Tenant shall have reasonable access at all times to, and Landlord shall not interfere with, the use of the Equipment so as to cause the functioning thereof to be permitted materially interrupted or impaired. Tenant shall use Tenant's Equipment so as not to installcause any interference to Landlord's use of the Building or the Real Property, including the use by Landlord or other tenants or occupants of the Building of equipment and maintainfacilities thereon, or damage to or interference with the operation of the Building or systems. If Tenant's Equipment interferes with or disturbs the reception or transmission of communication signals by or from any antennas, satellite, dishes or similar equipment installed by Landlord or any other tenant in the Building on or before the installation by Tenant of Tenant's Equipment, or if Tenant's Equipment interferes with the operation of the Building or the Building systems, then Tenant, at Tenant’s its sole cost and expense: , shall relocate Tenant's Equipment to another area designated by Landlord. (ad) one exterior pad mounted emergency back-up generator Tenant acknowledges and agrees that the privileges granted Tenant under this Article 42 shall merely constitute a license and shall not, now or at any time after the installation of Tenant's Equipment, be deemed to service its needs at grant Tenant a leasehold or other real property interest in the Project consisting of a exterior concrete pad, together with appurtenant items of equipment including fittings, switches, and cabling, and such perimeter wooden fencing and landscaping to shield the generator from view, and acoustical insulation as may be reasonably required by Landlord (such equipment and appurtenances, collectively, the “Generator”)Building or any portion thereof. The plans submitted license granted to Landlord for approval Tenant in this Article 42 shall show any access Tenant may require outside co-exist with the Premise for vertical and horizontal access paths from Tenant’s Generator to the Building’s data closet. Tenant shall be responsible for providing all additional support required to the structure of the Building. Tenant shall insure that any penetrations into the Building related to the Generator are properly sealed. Tenant represents and warrants the Generator is for the sole purpose of storing diesel fuel and generating emergency power in the event of a power outage in the Premises. No changes in the specifications or location of the Generator shall be permitted without the prior written consent of Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Notwithstanding anything to the contrary, the Generator shall be located on gradeLease, and shall not include any underground storage tank, be revoked so long as this Lease has not been terminated and shall automatically terminate and expire upon the expiration or piping other than for electrical transmissionearlier termination of this Lease and the termination of such license shall be self-operative and no further instrument shall be required to effect such termination.

Tenant’s Generator. In the event that Tenant requires its own emergency back up generator, subject to there being an adequate space in Landlord’s sole judgment where such generator could be located without diminishing the aesthetics of the Projectaccordance with, and subject to, the terms and conditions hereof, Applicable Laws, and the Declaration (as applicable), Tenant shall have the right to install, repair, maintain and use, at Tenant’s obtaining all governmental permits and approvals required in connection therewith at the 's sole cost and expense but without any additional payment to Landlord to install and operate an emergency generator (the "Generator") of Tenanta size and type approved by Landlord, in an area designated by Landlord (the "Generator Area"), in order to provide emergency electricity service to the Premises. Landlord shall deliver, and Landlord’s approval Tenant shall accept, the Generator Area in its "as-is", "where-is" condition. In no event shall Tenant permit the Generator to interfere with normal and customary use or operation of the Project by Landlord (which shall not be unreasonably withheld or delayed) of plans and specifications indicatingincluding, without limitation, sizesby means of noise or odor). Tenant shall install the Generator in accordance with Article 8 above, profilesor in accordance with the Tenant Work Letter, screening including Landlord's right to review and proposed locationapprove Tenant's plans and specifications therefor. If the Generator Area is on the roof of the Building, then at Tenant's cost, Landlord may have the plans and specifications for the Generator reviewed by a structural engineer, and Tenant shall be permitted to install, use and maintainresponsible, at Tenant’s sole cost and expense: 's cost, for performing any required structural upgrades to the roof to accommodate the Generator (a) one exterior pad mounted emergency back-up generator to service its needs at the Project consisting of a exterior concrete pad, together with appurtenant items of equipment including fittings, switches, and cabling, and such perimeter wooden fencing and landscaping to shield the generator from view, and acoustical insulation as may be reasonably required by Landlord (such equipment and appurtenances, collectively, the “Generator”). The plans submitted to Landlord for approval shall show any access provided that Tenant may require outside the Premise for vertical and horizontal access paths from Tenant’s Generator to the Building’s data closetnot take any action which would invalidate or otherwise adversely affect Landlord's roof warranty). Tenant shall be responsible for providing all additional support required maintenance and repairs in accordance with manufacturer specifications and compliance with Applicable Law obligations related to the structure Generator and acknowledges and agrees that Landlord shall have no responsibility in connection therewith and that Landlord shall not be liable for any damage that may occur with respect to the Generator. The Generator shall be used by Tenant only during (i) testing and regular maintenance, and (ii) the period of any electrical power outage in the Building. Tenant shall insure be entitled to operate the Generator, and such connections to the Building, for testing and regular maintenance at times reasonably approved by Landlord. Tenant shall comply with all reasonable requirements imposed by Landlord so that any penetrations into the Building Systems or other components of the Project are not adversely affected by the operation of the Generator. Landlord makes no representations or warranties, and shall have no responsibility or liability to any Tenant Party for any losses, damages, injury to persons or property caused by, related to, arising out of or in connection with, to the condition of the Generator are properly sealedArea, or the fitness or suitability of the Generator Area for the installation, maintenance and operation of the Generator. In the event that Tenant shall fail to comply with the requirements set forth herein, without limitation of Landlord's other remedies, (i) Landlord shall have the right to terminate Tenant's rights with respect to the Generator, and/or (ii) Landlord shall have the right, at Tenant's sole cost 795678.02/WLA376514-00007/1-28-19/ctl/ctl -55- 630 ROSEVILLE PARKWAY[Penumbra, Inc.] and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten (10) days following demand by Landlord, the amount expended by Landlord. Tenant represents and warrants shall remove the Generator is for upon the expiration or earlier termination of this Lease, and shall return the affected portion of the Project to the condition same would have been in had no Generator been installed (reasonable wear and tear, casualty and condemnation excepted), unless Landlord, in its sole purpose discretion, elects in a written notice to Tenant to keep all or any portion of storing diesel fuel and generating emergency power the Generator, in the event of a power outage in the Premises. No changes in the specifications or location of which case the Generator shall be permitted without the prior written consent of surrendered by Tenant to Landlord, such consent not to be unreasonably withheld, conditioned, or delayed. Notwithstanding anything to the contrary, the Generator shall be located on grade, and shall not include be and become the property of Landlord without the necessity of any underground storage tankfurther written documentation unless otherwise requested by Landlord or a future occupant, upon the expiration or piping other than for electrical transmissionearlier termination of this Lease.

Tenant’s Generator. In the event that Tenant requires may, at its own emergency back up generator, subject to there being an adequate space in Landlord’s sole judgment where such generator could be located without diminishing the aesthetics of the Project, and subject to Tenant’s obtaining all governmental permits and approvals required in connection therewith at the sole cost and expense expense, install a backup generator for backup power associated with Tenant specific equipment (the “Backup Generator”) on the Site and certain connections between the Backup Generator and the Premises (the “Generator Connections”). The exact specifications of Tenantthe Backup Generator and the Generator Connections, the method of installing the Backup Generator and the Generator Connections and the location on the Site for the Backup Generator and the Generator Connections shall all be subject to Landlord’s approval (prior written approval, which shall not be unreasonably withheld withheld, conditioned or delayed; however, Landlord’s determination of matters relating to the Base Building shall be in Landlord’s sole discretion. Tenant and Tenant’s contractors shall have reasonable access to the Site in order to inspect, service, repair, maintain and replace the Backup Generator and Generator Connections, subject to Landlord’s reasonable rules and regulations relative to such access and use. Tenant’s use of the Backup Generator shall be upon all of the conditions of the Lease, except as modified below: A. It is understood and agreed that Tenant shall be responsible, at its sole cost and expense, for installing the Generator Connections. In addition to complying with the applicable construction provisions of this Lease, Tenant shall not install or operate the Generator Connections in any portion of the Building until (x) Tenant shall have obtained Landlord’s prior written approval of plans the Backup Generator and specifications indicatingthe Generator Connections, as provided above, and (y) Tenant shall have obtained and delivered to Landlord copies of all required governmental and quasi-governmental permits, approvals, licenses and authorizations necessary for the lawful installation, operation and maintenance of the Backup Generator and the Generator Connections. B. Tenant shall have no obligation to pay Annual Fixed Rent, Taxes or Operating Expenses in respect of the Backup Generator or the Generator Connections. C. The Backup Generator may be used to provide back-up power in the event of an outage for Tenant’s lights and plugs in the Premises and dedicated heating, ventilation and air conditioning systems serving the Premises, or for the purposes of running any life-safety systems or equipment. D. Landlord shall have no obligation to provide any services to the Backup Generator. Tenant shall, at its sole cost and expense and otherwise in accordance with the provisions of this Section 9.30, arrange for all utility services required for the operation of the Backup Generator. E. Tenant shall, at its sole cost and expense, be solely responsible for all maintenance and repair to the Backup Generator and the Generator Connections. In connection therewith, Tenant shall provide Landlord with evidence on an annual basis of the existence of a maintenance contract for the Backup Generator with a service provider reasonably acceptable to Landlord. F. Tenant shall have no right to make any changes, alterations, signs, or other improvements to the Backup Generator or the Generator Connections without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; however, Landlord’s determination of matters relating to the Base Building shall be in Landlord’s sole discretion. G. Tenant shall be responsible for the cost of repairing any damage to the Building caused by its use of the Backup Generator and the Generator Connections. H. Except for assignees of this Lease or subtenants of all or a portion of the Premises, no other person, firm or entity (including, without limitation, sizesother tenants, profileslicensees or occupants of the Building) shall have the right to connect to the Backup Generator other than Tenant. I. To the maximum extent permitted by law, screening but except to the extent resulting from the negligence or willful misconduct of Landlord or any of Landlord’s agents, employees or contractors, Tenant’s use of the Backup Generator and proposed locationthe Generator Connections shall be at the sole risk of Tenant, and Landlord shall have no liability to Tenant in the event that the Backup Generator or the Generator Connections are damaged for any reason. J. Tenant shall be permitted comply with all applicable laws, ordinances and regulations in Tenant’s use of the Backup Generator and the Generator Connections. K. Landlord shall have the right, upon no less than ninety (90) days’ written notice to install, use Tenant and maintain, at TenantLandlord’s sole cost and expense: (a) one exterior pad mounted emergency back-up generator , to service its needs at relocate the Project consisting Backup Generator and the Generator Connections to another location on the Site reasonably acceptable to Tenant provided that such relocation does not adversely affect Tenant’s use of the Backup Generator and the Generator Connections. Landlord and Tenant shall cooperate with each other in good faith to schedule such relocation work on nights and weekends so as to minimize interference with Tenant’s business operations. L. The Backup Generator and the Generator Connections shall be deemed to be a exterior concrete padpart of the Premises for the purposes of the indemnity and insurance provisions of Article VIII above. In addition to and not in limitation of the foregoing, together with appurtenant items of equipment including fittingsTenant shall, switchesto the maximum extent permitted by law, indemnify, defend, and cablinghold Landlord, its agents, contractors and such perimeter wooden fencing employees harmless from any and landscaping to shield the generator from viewall claims, and acoustical insulation as may be reasonably required losses, demands, actions or causes of actions suffered by Landlord (such equipment and appurtenancesany person, collectivelyfirm, the “Generator”). The plans submitted to Landlord for approval shall show any access Tenant may require outside the Premise for vertical and horizontal access paths corporation, or other entity arising from Tenant’s use of the Backup Generator and the Generator Connections. M. Landlord shall have the right to designate or identify the BuildingBackup Generator with or by a lease or license number (or other marking) and to place such number (or marking) on or near such Backup Generator. N. To the extent such removal requirement was specified by Landlord to Tenant at the time Landlord approved Tenant’s data closet. plans therefor, Tenant shall be responsible for providing all additional support required to remove the structure Backup Generator and the Generator Connections upon the expiration or earlier termination of this Lease and repair any damage caused by the installation or removal of the Building. Tenant shall insure that any penetrations into same and restore the impacted portions of the Building related to the Generator are properly sealed. Tenant represents and warrants the Generator is for the sole purpose of storing diesel fuel and generating emergency power condition they were in the event of a power outage in the Premises. No changes in the specifications or location of the Generator shall be permitted without the prior written consent of Landlord, to such consent not to be unreasonably withheld, conditioned, or delayed. Notwithstanding anything to the contrary, the Generator shall be located on grade, and shall not include any underground storage tank, or piping other than for electrical transmissioninstallation.