Common use of Tenant’s Generator Clause in Contracts

Tenant’s Generator. In accordance 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 sole cost and expense but without any additional payment to Landlord, to install and operate an emergency generator (the “Generator“) of a size and type approved by Landlord, in an area designated by Landlord in Landlord’s sole discretion (the “Generator Area“), in order to provide emergency electricity service to the Premises. Landlord shall 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 operation of the Project by Landlord or any other owner or tenant of the Project (including, without limitation, by means of noise or odor). Tenant shall install the Generator in accordance with Article 8 above, including Landlord’s right to review and approve 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 responsible, at Tenant’s cost, for performing any required structural upgrades to the roof to accommodate the Generator (provided that Tenant may not take any action which would invalidate or otherwise adversely affect Landlord’s roof warranty). Tenant shall be responsible for all maintenance and repairs in accordance with manufacturer specifications and compliance with Applicable Law obligations related to the Generator and acknowledges and 35654\12546889.9 06907\011\8493037.v6 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 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 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 Area, 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 ten (10) days following demand by Landlord, the amount expended by Landlord. Tenant shall remove the Generator 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 discretion, elects in a written notice to Tenant to keep all or any portion of the Generator, in which case the Generator shall be surrendered by Tenant to Landlord, and shall be and become the property of Landlord without the necessity of any further written documentation unless otherwise requested by Landlord or a future occupant, upon the expiration or earlier termination of this Lease.

Tenant’s Generator. In accordance with(1) As of the Execution Date of this Lease, Tenant is using a supplemental generator (the “Generator”) which can provide emergency additional electrical capacity to the Premises, and subject to, the terms and conditions hereof, Applicable Laws, and the Declaration (as applicable), Tenant shall have the right to install, repair, maintain use such Generator during the Term. The Generator is located in the area outlined on Exhibit 10 attached hereto and use, at Tenant’s sole cost and expense but without any additional payment to Landlord, to install and operate an emergency generator (the “Generator“) of made a size and type approved by Landlord, in an area designated by Landlord in Landlord’s sole discretion part hereof (the “Generator Area“”). Tenant shall have the right to use the Generator throughout the Term, in order to provide emergency electricity service subject to the Premisesprovisions of this Section. Landlord Tenant shall deliverbe solely responsible for obtaining and maintaining all necessary governmental and regulatory approvals for the operation of the Generator and for the cost of operating, maintaining and removing of the Generator. In addition to, and without limiting Tenant’s obligations under this Lease, Tenant shall acceptcomply with all applicable environmental and fire prevention laws and Legal Requirements pertaining to Tenant’s use of the Generator Area. Tenant shall also be responsible for the cost of all utilities consumed in the operation of the Generator. (2) Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Generator shall in no way damage any portion of the Building or Property. To the maximum extent permitted by the Legal Requirements the Generator and all appurtenances in the Generator Area in its “as-is”shall be at the sole risk of Tenant, “where-is” condition. In and Landlord shall have no event shall liability to Tenant permit if the Generator or any appurtenant installations are damaged for any reason, except, subject to interfere with normal and customary use or operation the limitations of Landlord’s liability as set forth in this Lease, as the result of the Project by negligence or willful misconduct of any Landlord Parties. Tenant agrees to be responsible for any damage caused to the Building or any other owner Property in connection with the installation, maintenance, operation or tenant removal of the Project (Generator, except damage resulting from the negligence or willful misconduct of any of the Landlord Parties, and, in accordance with the terms of Article 14 of the Lease, to indemnify, defend and hold Landlord and the Landlord Parties harmless Rom all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects’ and attorneys’ fees (if and to the extent permitted by means of noise Legal Requirements), which may be imposed upon, incurred by, or odor). Tenant shall install the Generator in accordance with Article 8 above, including Landlord’s right to review and approve Tenant’s plans and specifications therefor. If the Generator Area is on the roof asserted against Landlord or any of the BuildingLandlord Parties in connection with the installation, then at Tenant’s costmaintenance, Landlord may have operation or removal of the plans Generator, including, without limitation, any environmental and specifications for the Generator reviewed by a structural engineerhazardous materials claims, and Tenant shall be responsible, at Tenant’s cost, for performing any required structural upgrades except to the roof to accommodate extent that such liabilities, obligations, damages, penalties, claims, costs, charges and expenses result from the Generator negligence or willful misconduct of any of the Landlord Parties, (provided that Tenant may not take any action which would invalidate or otherwise adversely affect Landlord’s roof warranty). 3) Tenant shall be responsible for all the operation, cleanliness, maintenance and repairs in accordance with manufacturer specifications and compliance with Applicable Law obligations related to removal of the Generator and acknowledges appurtenances, all of which shall remain the personal property of Tenant, and 35654\12546889.9 06907\011\8493037.v6 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 removed by Tenant only during (i) testing and regular maintenance, and (ii) at its own expense at the period expiration or earlier termination of any electrical power outage in the BuildingLease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generator and appurtenances were attached. Such maintenance and operation shall be entitled performed in a manner to operate the Generator, and such connections to the Building, for testing and regular maintenance at times reasonably approved by avoid any unreasonable interference with any other tenants or Landlord. Tenant shall comply with all reasonable requirements imposed by Landlord so that take the Building Systems or other components Generator Area “as is” in the condition in which the Generator Area is in as of the Project are not adversely affected by Term Commencement Date under the operation Lease, without any obligation on the part of Landlord to prepare or construct the GeneratorGenerator Area for Tenant’s use or occupancy. Without limiting the foregoing, Landlord makes no warranties or 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, as to the condition of the Generator Area, or the fitness or suitability of the Generator Area for the installationinstallation and operation of the Generator. Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area without Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed, provided, however, that with respect to aesthetic matters Landlord may withhold consent in its sole, but bona fide, business judgment. Tenant agrees to maintain the Generator, including without limitation, any enclosure installed around the Generator in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. (4) Tenant, upon prior notice to Landlord and subject to the reasonable rules and regulations enacted by Landlord, shall have access to the Generator and its surrounding area for the purpose of repairing, maintaining and removing said Generator. (5) Unless otherwise required by Legal Requirements, Tenant shall only test the Generator to ensure proper functioning before or after normal business hours and at a time mutually agreed to in writing by Landlord and Tenant in advance. Tenant shall be permitted to use the Generator Area solely for the maintenance and operation of the Generator, and the Generator and Generator Area are solely for the benefit of Tenant. In All electricity generated by the event Generator may only be consumed by Tenant in the Premises. (6) Landlord shall have no obligation to provide any services, including, without limitation, electric current, to the Generator Area. (7) Tenant shall have no right to sublet the Generator Area or to assign its interest hereunder; provided 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 participate in demand response programs and capacity markets offered by the local electric utility, competitive energy retailers, and/or the New England Independent System Operator (ISO-NE). (8) Notwithstanding anything to the Generatorcontrary contained herein, and/or (ii) if at any time during the Term 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 ten (10) days following demand by Landlord, the amount expended by Landlord. Tenant shall remove the Generator 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, determines in its sole discretionbut bona fide reasonable business judgment, elects in a written that the Generator and/or any appurtenances interfere with the operations of the Building or the operations of any of the occupants of the Building, then Tenant shall, upon notice to Tenant to keep all or from Landlord, cease any portion further operation of the Generator, in which case From and after such notice by Landlord, Tenant shall have no further right to operate the Generator unless and until Tenant shall be surrendered by Tenant to Landlord, have redesigned and shall be and become modified the property of Landlord without the necessity of any further written documentation unless otherwise requested Generator and/or installations in a manner approved by Landlord in the exercise of its reasonable discretion, provided however, that Landlord’s approval of such redesign and modification shall constitute the mere permission to operate the Generator, which permission shall in no event be construed to abrogate or a future occupant, upon diminish Landlord’s rights or Tenant’s obligations under this Section 1.3(d) or the expiration or earlier termination of this Lease.

Tenant’s Generator. In accordance withA. Tenant, subject to Landlord’s review and subject toapproval of Tenant’s plans therefor, which approval shall not be unreasonably withheld conditioned or delayed, shall have the right to install up to two (2) supplemental generators with a power output not to exceed, in the aggregate, 2,000 kilowatts and a fuel storage system with a capacity not to exceed a 48-hour fuel supply (collectively, the terms “Generators”) to provide emergency additional electrical capacity to the Premises during the Term. The installation of the Generator and conditions hereofall appurtenant cables and other installations shall be at Tenant’s sole expense, Applicable Lawsbut subject to Landlord’s Contribution if elected by Tenant as provided herein. The Generators shall be placed at a location on the Property designated by Landlord and approved by Tenant, which approval shall not be unreasonably withheld (the “Generator Area”). If the Generator Area is located in an indoor location, Landlord shall, at Landlord’s cost, separately demise the location of the Generator Area and deliver the Declaration (as applicable)Generator Area to Tenant in storage room shell condition, including electric supply for lighting only to such space. In any event, Tenant shall have the right to install, repairat its expense, maintain and use, at Tenant’s sole cost and expense but without any additional payment to Landlord, to install and operate an emergency generator (the “Generator“) of a size and type approved by Landlord, in an area designated by Landlord in Landlord’s sole discretion (the “Generator Area“), in order to provide emergency electricity electrical service to the Premises. Landlord shall deliverGenerator Area, and Tenant shall accept, whether the Generator Area same is in its “as-is”, “where-is” condition. In no event shall Tenant permit the Generator to interfere with normal and customary use an indoor location or operation of the Project by Landlord or any other owner or tenant of the Project (including, without limitation, by means of noise or odor). Tenant shall install the Generator in accordance with Article 8 above, including Landlord’s right to review and approve Tenant’s plans and specifications thereforan outdoor location. If the Generator Area is located in an outdoor location, the Generator Area shall be delivered to Tenant in “as-is” condition, without any obligation on the roof part of Landlord to prepare or construct the Generator Area for Tenant’s use. Notwithstanding the foregoing, Tenant’s right to install the Generators shall be subject to Landlord’s reasonable approval of the Buildingmanner in which the Generators are installed, then at Tenant’s the manner in which any fuel storage and fuel pipe is installed, the manner in which any ventilation and exhaust systems are installed, the manner in which any cables are run to and from the Generators to the Premises and the measures that will be taken to eliminate any vibrations or sound disturbances from the operation of the Generators, including, without limitation, any necessary 2 hour rated fire enclosures or sound insulation. Landlord hereby agrees that it will provide reasonable means of access to run cables between the Generators and the Premises, whether through an air shaft, chase or other conduit or a combination thereof. In the event that it is technologically feasible to utilize the existing conveyor chase to run cables to connect the Premises to the Generators, and if Landlord shall refuse to permit use of such chase, any additional cost reasonably incurred by Tenant to utilize an alternative means of running such cable shall be reimbursed by Landlord to Tenant promptly after written notice from Tenant accompanied by copies of invoices evidencing such cost, . Landlord shall have the right to require an enclosure reasonably acceptable to Landlord and Tenant to hide or disguise the existence of the Generators and to minimize any adverse effect that the installation and/or operation of the Generators may have on the plans appearance of the Building and specifications for the Generator reviewed by a structural engineer, and Property. Tenant shall be responsiblesolely responsible for obtaining at its expense all necessary governmental and regulatory approvals and permits and for the cost of installing, at operating, maintaining and removing the Generators. Tenant shall not install or operate the Generators until Tenant has obtained and submitted to Landlord copies of all required governmental permits, licenses and authorizations necessary for the installation and operation of the Generators. In addition to, and without limiting Tenant’s costobligations under the Lease, for performing any required structural upgrades Tenant shall comply with all applicable environmental and fire prevention Laws pertaining to the roof to accommodate Tenant’s use of the Generator (provided that Area. Tenant may not take any action which would invalidate or otherwise adversely affect Landlord’s roof warranty). shall also be responsible for the cost of all utilities consumed in the operation of the Generators. B. Tenant shall be responsible for assuring that the installation, maintenance, operation and removal of the Generators shall in no way damage any portion of the Building or Property. To the maximum extent permitted by Law, the Generators and all maintenance and repairs appurtenances in accordance with manufacturer specifications and compliance with Applicable Law obligations related to the Generator and acknowledges and 35654\12546889.9 06907\011\8493037.v6 agrees that Area shall be at the sole risk of Tenant, and, subject to Section 7.05, Landlord shall have no responsibility liability to Tenant if the Generators or any appurtenances installations are damaged, except as a result of gross the negligence or willful misconduct of Landlord or any Landlord Related Parties. Subject to Section 7.05, Tenant agrees to be responsible for any damage caused to the Building or Property in connection therewith with the installation, maintenance, operation or removal of the Generators and, in accordance with the terms of Section 7.04 of the Lease, to indemnify, defend and hold Landlord and the Landlord Related Parties harmless from all liabilities, obligations, damages, penalties, claims, costs, charges and expenses, including, without limitation, reasonable architects’ and attorneys’ fees (if and to the extent permitted by Law), which may be imposed upon, incurred by, or asserted against Landlord or any of the Landlord Related Parties in connection with the installation, maintenance, operation or removal of the Generators, including, without limitation, any environmental and hazardous materials claims. In addition to, and without limiting Tenant’s obligations under the Lease, Tenant covenants and agrees that Landlord the installation and use of the Generators and appurtenances shall not adversely affect the insurance coverage for the Building. If for any reason, the installation or use of the Generators, the Tank and/or the appurtenances shall result in an increase in the amount of the premiums for such coverage, then Tenant shall be liable for the full amount of any damage that may occur with respect to the Generator. The Generator such increase. C. Tenant shall be used responsible for the installation, operation, cleanliness, maintenance and removal of the Generators and the appurtenances, all of which shall remain the personal property of Tenant, and shall be removed by Tenant only during (i) testing and regular maintenance, and (ii) at its own expense at the period expiration or earlier termination of any electrical power outage in the BuildingLease. Tenant shall repair any damage caused by such removal, including the patching of any holes to match, as closely as possible, the color surrounding the area where the Generators and appurtenances were attached. Such maintenance and operation shall be entitled performed in a manner to operate the Generator, and such connections to the Building, for testing and regular maintenance at times reasonably approved by avoid any unreasonable interference with any other tenants or Landlord. Tenant shall comply with all reasonable requirements imposed by Landlord so that take the Building Systems or other components Generator Area “as is” in the condition in which the Generator Area is in as of the Project are not adversely affected by Commencement Date, without any obligation on the operation part of Landlord to prepare or construct the GeneratorGenerator Area for Tenant’s use or occupancy, other than to deliver any interior Generator Area in Storage Room Shell Condition. Without limiting the foregoing, Landlord makes no warranties or 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, as to the condition of the Generator Area, or the fitness or suitability of the Generator Area for the installation, maintenance installation and operation of the Generator. In Tenant shall have no right to make any changes, alterations, additions, decorations or other improvements to the Generator Area without Landlord’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to maintain the Generators, including without limitation, any enclosure installed around the Generators in good condition and repair. Tenant shall be responsible for performing any maintenance and improvements to any enclosure surrounding the Generator so as to keep such enclosure in good condition. D. Tenant, subject to the rules and regulations enacted by Landlord and to Landlord’s reasonable security requirements, shall have access to the Generators and their surrounding area at all times for the purpose of installing, repairing, maintaining and removing said Generators. E. Tenant shall only test the Generators before or after Normal Business Hours and at a time mutually agreed to in writing by Landlord and Tenant in advance. Tenant shall be permitted to use the Generator Area solely for the maintenance and operation of the Generators, and the Generators and Generator Area are solely for the benefit of Tenant. All electricity generated by the Generators shall be solely supplied to the Premises. F. Except for electric service for lighting in the event that Tenant the Generator Area is located in an indoor location, Landlord shall fail no obligation to comply with the requirements set forth hereinprovide any services, including, without limitation of Landlord’s other remedieslimitation, (i) Landlord shall have the right to terminate Tenant’s rights with respect electric current, 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 ten (10) days following demand by Landlord, the amount expended by LandlordGenerator Area. Tenant shall remove have no right to sublet the Generator upon the expiration Area or earlier termination of this Lease, and shall return the affected portion to assign its interest hereunder except in connection with an assignment of the Project Lease. G. Landlord may from time to time elect to relocate the condition same would have been in had no Generator been installed (reasonable wear Area and tear, casualty and condemnation excepted), unless Landlord, in its sole discretion, elects in a the Generators to another location on the Property. Landlord shall give Tenant written notice to Tenant to keep all or of any portion of the Generator, in which case the Generator relocation not less than ninety (90) days before commencing any such relocation work. Any such relocation shall be surrendered performed at Landlord’s sole expense in accordance with plans and specifications prepared by Landlord and approved by Tenant in writing, which approval shall not be unreasonably withheld. In connection with any such relocation, Landlord shall insure that Tenant has access to Landlord, and shall be and become a back-up power supply equivalent to that provided by the property of Landlord without the necessity of any further written documentation unless otherwise requested by Landlord or a future occupant, upon the expiration or earlier termination of this LeaseGenerators at all times during such relocation.

Tenant’s Generator. In accordance with, and subject to, (i) the terms and conditions hereof, (ii) Applicable Laws, and (iii) any requirements of the Declaration (as applicable)Bay Area Air Quality Management District, Tenant shall have the right to install, repair, maintain and use, at Tenant’s 's sole cost and expense but without any additional payment to Landlord, Landlord to install and operate an emergency generator (the “"Generator“") of a size and type approved by Landlordtype, and in an area designated by Landlord in Landlord’s sole discretion (the “"Generator Area“)") as depicted on Exhibit L, in order to provide emergency electricity service to the Premises. Landlord shall 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 operation of the Project by Landlord or any other owner or tenant of the Project (including, without limitation, by means of noise or odor). Tenant shall install the Generator in accordance with Article 8 above, or in accordance with the Tenant Work Letter, including Landlord’s 's right to review and approve Tenant’s 's plans and specifications therefor. If the Generator Area is on the roof of the Building, then at Tenant’s 's cost, Landlord may have the plans and specifications for the Generator reviewed by a structural engineer, and Tenant shall be responsible, at Tenant’s 's cost, for performing any required structural upgrades to the roof to accommodate the Generator (provided that Tenant may not take any action which would invalidate or otherwise adversely affect Landlord’s roof warranty)Generator. Tenant shall be responsible for all maintenance and repairs in accordance with manufacturer specifications and compliance with Applicable Law obligations related to the Generator and acknowledges and 35654\12546889.9 06907\011\8493037.v6 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 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 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 Area, 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 's other remedies, (i) Landlord shall have the right to terminate Tenant’s 's rights with respect to the Generator, and/or (ii) Landlord shall have the right, at Tenant’s 's sole cost and expense, to cure such breach, in which event Tenant shall be obligated to pay to Landlord, within ten twenty (1020) days following demand by LandlordLandlord accompanied by reasonable supporting documentation, the reasonable amount expended by Landlord. Tenant shall remove the Generator 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 discretion, elects in a written notice to Tenant to keep all or any portion of the Generator, in which case the Generator shall be surrendered by Tenant to Landlord, and shall be and become the property of Landlord without the necessity of any further written documentation unless otherwise requested by Landlord or a future occupant, upon the expiration or earlier termination of this Lease, provided Landlord pays to Tenant the fair market value of the Generator retained by Landlord.