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 sole cost and expense installation of Tenanta riser. All work in connection with the installation of such riser, and Landlord’s approval (which shall not be unreasonably withheld or delayed) of plans and specifications indicatingincluding core drilling, without limitationif required, sizes, profiles, screening and proposed location, Tenant shall be permitted to install, use and maintain, performed at Tenant’s 's sole cost and expense: (a) one exterior pad mounted emergency back-up generator to service its needs at , including the Project consisting cost of a exterior concrete padfire watch and related supervisory costs relating to any core drilling, 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 which shall be responsible 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 providing all additional support required to the structure location of Tenant's Equipment and (ii) a separate room within the basement of the Building. Tenant shall insure that any penetrations into Building which room is due east of the Building related to the Generator are properly sealed. Tenant represents and warrants the Generator is fuel oil tank currently located thereat 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 aforementioned 3,000 gallon diesel fuel tank. With respect to each of the aforementioned spaces, Landlord shall be permitted deliver same "AS IS", without the prior written consent of Landlord, in any way being obligated to prepare such consent not spaces for Tenant's use thereof or make any alterations 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 transmissionsuch spaces whatsoever.

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, (i) the terms and conditions hereof, (ii) Applicable Laws, and (iii) any requirements of the Bay Area Air Quality Management District, 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, and Landlord’s approval in an area designated by Landlord (which the "Generator Area") as depicted on Exhibit L, in order to provide emergency electricity service to the Premises. Landlord shall not be unreasonably withheld deliver, and 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 delayed) operation of plans and specifications indicatingthe Project by Landlord (including, 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: (a) one exterior pad mounted emergency back-up generator to service its needs at the Project consisting of a exterior concrete pad's cost, 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 for performing any 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 structural upgrades to the Building’s data closetroof to accommodate the Generator. 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 and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within twenty (20) days following demand by Landlord accompanied by reasonable supporting documentation, the reasonable 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 transmission.earlier termination of this Lease, provided Landlord pays to Tenant the fair market value of the Generator retained by Landlord. ARTICLE 7