Common use of Back-up Generator Clause in Contracts

Back-up Generator. A. Tenant shall be permitted, at its sole cost and expense, to install, connect to the Building, operate and maintain a diesel back-up electrical generator and all related equipment switching gear, conduit and equipment mounts (collectively, “Generator”) screened from public view to be located in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord’s cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord’s reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant’s business in the Leased Premises. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related to the existence and operation of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. Subject to the provisions of this Paragraph 4.15 and all other applicable provisions of this Lease (including but not limited to Paragraph 2.6 and Article 6), but at no additional rental cost to Tenant, Tenant shall have the right (subject to compliance with all Laws and Restrictions) during the Lease Term, at Tenant’s sole cost and expense, to install an emergency generator, and a concrete pad in connection therewith (collectively, together with all components thereof, the “Generator System”). Tenant may utilize a portion of the Tenant Improvement Allowance (as defined in the Work Letter) to defray the cost of acquisition and installation of the Generator System. Tenant shall reimburse Landlord for the reasonable out-of-pocket fees of Landlord’s structural engineer incurred in evaluating Tenant’s plans for installation of the concrete pad within thirty (30) days following submission by Landlord to Tenant of invoices therefor. The installation, maintenance, repair, operation and removal (as hereinafter provided) of the Generator System shall be permittedcompleted in a good and workmanlike manner and in compliance with all Laws and Restrictions. Tenant shall repair any damage to the Building caused by Tenant’s installation, maintenance, replacement, use or removal of the Generator System. The Generator System shall be deemed real property and a part of the Leased Premises and shall be surrendered to Landlord at the expiration or earlier termination of the Lease Term as described in paragraph 6.2 below, unless Landlord elects, in a written notice to Tenant, to treat the Generator System as Tenant’s trade fixtures, in which event Tenant shall remove the Generator System at its cost upon expiration of the Lease Term. Tenant shall, at its sole cost and expense, install any screening of such Generator System as may be required by Laws and Restrictions. Tenant shall be solely responsible for maintaining, operating and insuring the Generator System and paying any and all taxes or fees assessed upon such Generator System or its operation. Tenant shall also be responsible for, and hereby agrees to installindemnify, connect defend, and hold harmless Landlord from any and all liability, loss, cost, claim, damage, or expense (including without limitation reasonable attorneys’ fees and damage to the Building, operate and maintain a diesel back-up electrical generator and all related equipment switching gearor the Property) incurred by Landlord, conduit and equipment mounts (collectively, “Generator”) screened resulting from public view to be located in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord’s cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repairoperation, replacementuse, presence or removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord’s reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to LandlordSystem. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant’s business in the Leased Premises. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related to the existence and operation of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. Tenant shall be permittedhave the right, upon Tenants request, to use up to Tenant’s Proportionate Share of capacity of the emergency back-up generator (the “Back-Up Generator”) currently located in the Building. If Tenant so requests, then Tenant may, at its sole cost and expense, to installtie-into the Back-Up Generator, connect subject to the Buildingreasonable rules and guidelines adopted from time to time by Landlord with respect thereto, operate and maintain a diesel back-up electrical generator to all applicable laws, codes, regulations and guidelines. Any and all related equipment switching gear, conduit work and equipment mounts (collectively, “Generator”) screened from public view improvements to be located performed by Tenant to effectuate Tenants tie-in a location to the Back-Up Generator (such as installing conduits, and connections from the Back-Up Generator to the Premises) shall be considered to be an Alteration, shall be performed in accordance with the Complex mutually agreed upon by Landlord provisions of Article 12 of this Lease, and Tenant. The installation of the Generator shall be subject to Landlords review and prior written consent in all conditions and requirements as provided for in Section 10 hereofrespects, such approval not to be unreasonably withheld, conditioned or delayed. Landlord reserves In the right event Tenant elects to relocate tie-into the Generator from time to time at Landlord’s cost and expense, and to install its own generator providing backBack-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Up Generator, Tenant shall pay, as Additional Rent, within thirty (30) days after receipt of invoices therefor from Landlord, a pro rata share of the annual fuel and all related costsmaintenance charges for the Back-Up Generator, which pro rata share shall be the sole responsibility of Tenant, subject to Landlord’s reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed ratio, the numerator of which is Tenants total usage of Back-Up Generator capacity and maintained the denominator of which is the aggregate usage of Back- Up Generator capacity at the applicable period of time. In addition, Tenant, at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted entitled to install its own generator, at a location to be approved by Landlord, such approval not to be unreasonably withheld, conditioned or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks delayed. Tenant’s installation of its own. C. Upon the expiration or termination such generator shall be in accordance with Article 12 of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant and shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant’s business in the Leased Premises. The use and operation of the Generator shall comply compliance with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the GeneratorLaws. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related to the existence and operation of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. Subject to the terms and conditions set forth below, Tenant shall be permittedhave the right to install on the roof of the Building, at Tenant's sole expense, in a location determined by Landlord, one (1) Back-up Generator (hereinafter defined). As used herein, the term "Back-up Generator" shall mean an electric power supply generator having the size and characteristics and powered by the type of fuel approved by Landlord in its sole discretion. Prior to the installation of the Back-up Generator by Tenant: (i) Landlord shall reasonably approve the contractor which shall undertake such installation; (ii) Tenant shall obtain all permits and governmental approvals required for the installation of the Back-up Generator; (iii) Tenant and the contractor approved by Landlord to undertake such installation shall obtain such insurance coverages as Landlord may reasonably require and, if requested by Landlord, cause Landlord to be named as an insured under such insurance policies; and (iv) Tenant shall submit to Landlord for approval in its reasonable discretion, plans for the installation of the Back-up Generator, prepared by qualified engineers, showing all aesthetic, structural, mechanical and electrical details of the Back-up Generator, as well as all associated conduit and related equipment, and all changes to the Building which are necessary to accommodate same, all in accordance with all applicable Federal, state and local laws, statutes and ordinances, including without limitation all environmental laws. Tenant shall ensure that the Back-up Generator does not interfere with any other equipment serving the Building or any portion thereof. At Tenant's sole cost, the Back-up Generator shall be fully screened from view and sound in a manner directed by Landlord which shall include without limitation the installation of an additional screening wall and sound baffling if required by Landlord. Throughout the Term, Tenant shall (A) ensure that the Back-up Generator complies with all applicable laws, statutes and ordinances, including any environmental laws; (B) cause engineers, including environmental engineers, reasonably acceptable to Landlord to inspect the Back-up Generator at least twice yearly to insure that such equipment is functioning properly and that no hazardous materials are emanating therefrom; (C) maintain the Back-up Generator in good order and repair; (D) maintain insurance coverages with respect thereto as are required by Landlord from time to time; (E) maintain all permits and governmental approvals necessary for the operation of the Back-up Generator. Tenant shall immediately report to Landlord if Tenant determines that the Back-up Generator is not functioning properly, is leaking or is in violation of any applicable laws, including any environmental laws. Tenant shall immediately repair all equipment malfunctions or violations of law arising out of the operation of the Back-up Generator. At Landlord's request, Tenant shall enter into annual service contracts with reputable engineering firms, including environmental engineering firms, for the inspection, maintenance and repair of the Back-up Generator, and Tenant shall provide such service contracts to Landlord on demand. Should Tenant fail to properly maintain or repair such equipment (after Landlord provides Tenant notice and 5 days within which to do so) or, upon Landlord's request, to enter into the service contracts described above, Landlord may, but shall not be obligated to, undertake such maintenance or repairs or enter into such service contracts, and all such costs shall constitute Additional Rent hereunder. Tenant shall indemnify Landlord and hold it harmless from and against all claims, liability, damage or costs, including reasonable attorneys' fees, suffered or sustained by Landlord which arise out of the installation, use, operation or removal of the Back-up Generator. Tenant expressly acknowledges and agrees that, notwithstanding the fact that Landlord has permitted Tenant to install the Back-up Generator, Tenant shall remain liable under this Lease for all claims, damages, costs or liabilities suffered or sustained by Landlord which arise out of the presence of hazardous materials which were brought to the Building (including without limitation the land on which the Building is located) by Tenant, its employees, agents, contractors, licensees or invitees. At the end of the Term, Tenant, at Tenant's sole cost and expense, to install, connect to shall remove the Building, operate and maintain a diesel backBack-up electrical generator Generator and all related equipment switching gearrestore such Land, conduit and equipment mounts (collectively, “Generator”) screened from public view to be located in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord’s cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord’s reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated their condition immediately prior to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Buildingequipment. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely obtain at Tenant's expense all permits and governmental approvals necessary for purposes of Tenant’s business in the Leased Premises. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Buildingsuch removal. Tenant shall comply with all laws applicable hereby indemnifies Landlord (and its successors and assigns) and agrees to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties it harmless from and against all Claims and liabilities loss, costs, claims, liabilities, injury or damage (including reasonable attorneys' fees) incurred or sustained by Landlord (or its successors or assigns) in connection with or arising out of every kind or nature related to the existence and operation such removal of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate backBack-up power generator serving Generator or the Common Areas and emergency lighting Conduit, including without limitation all costs incurred in the Complexconnection with such removal.

Back-up Generator. A. (a) During the Term, Tenant shall be permittedpermitted to install and operate at its sole expense, one (1) back-up generator (“Generator”) in an appropriate location outside of the Building, but on the Property, designated by Landlord and reasonably acceptable to Tenant, which location shall be provided to Tenant by Landlord for no additional Minimum Annual Rent, but subject to the reimbursement by Tenant of any applicable and reasonable costs (including costs to screen the area from view) actually incurred by Landlord with respect to the Generator. Tenant shall comply with the provisions of Sections 10, 12 and 13 of this Lease with respect to the installation and alteration of, and improvements to, the Generator, and the size, location, installation and screening from view of such Generator shall be subject to reasonable review and approval of Landlord. Tenant shall maintain the Generator in good order and condition at its sole cost and expense, to install, connect . Tenant shall comply at all times with all applicable Laws with respect to the Building, operate Generator and maintain a diesel back-up electrical generator and all related equipment switching gear, conduit and equipment mounts (collectively, “Generator”) screened from public view to be located in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord’s cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repairoperation and removal. Tenant shall obtain all necessary approvals for the Generator from all governmental authorities having jurisdiction over the installation and operation of the same, replacementif applicable. Neither Tenant, removal and repair of any damage relating nor Tenant’s agents, employees or contractors will have access to the Generator, and all related costsother than in the event of an emergency or for its scheduled installation, shall be maintenance or removal, without first giving Landlord the sole responsibility of opportunity to have its representative accompany such person. Landlord agrees to reasonably cooperate with Tenant, subject at no cost to Landlord’s reasonable direction , in connection with the installation of the Generator. (b) Tenant covenants and controlagrees that neither Tenant nor its agents, employees or contractors will cause any damage to the Building during the installation, operation, Maintenance or removal of the Generator. Landlord shall supply diesel fuel for Provided that the Generator from is in good working order and condition, Tenant shall leave the central tank at the Building which the Landlord shall maintain at its sole cost Generator in place and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon upon the expiration or termination of this Lease AgreementLease, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and shall become the like, and Tenant shall repair any damage caused by the installation and use property of Landlord; if the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is not in good working order, then at Landlord’s direction Tenant shall remove the same from the Property at the expiration or termination of this Lease. Tenant shall take all necessary steps to ensure that all necessary approvals for the Generator, as obtained by Tenant pursuant to Section 34(a) above, are timely modified, reissued and transferred, as necessary, to reflect the Generator becoming the property of Landlord. Tenant’s indemnification of Landlord pursuant to Section 8(e) of this Lease also applies to the Generator and Tenant’s use of any portion of the Property therefor. The Generator shall be used solely permission granted in this Section 34 for purposes of Tenant’s business in the Leased Premises. The use Tenant to install and operation of operate the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall not be deemed to make the maintenance, use and operation portion of the Generator interfere with any Property affected thereby part of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible Premises for obtaining all licenses, permits and approvals for the use and operation of the Generatorany purpose under this Lease. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related to the existence and operation of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. Provided Tenant obtains all required installation permits and all operational permits and provides Landlord with true, correct and complete copies thereof, Tenant may, at Tenant's sole cost and expense, install in a location reasonably approved by Landlord, a fully enclosed generator ("Generator"), together with a fuel tank and any other associated improvements, to provide auxiliary power for the Premises. The installation, maintenance, operation, use and removal of the Generator and associated systems and equipment shall be permittedupon the terms and conditions set forth below: 43.1 The Generator, fuel tank and other associated improvements shall comply with any and all applicable code requirements, the cost of which compliance shall be entirely borne by Tenant. In no event may Tenant's maintenance and operation of the Generator involve the installation of an underground storage tank. The above-ground storage tank associated with the Generator (the "AST") shall not exceed one hundred (100) gallons in capacity, shall be double-walled, shall contain diesel fuel only (to only power the Generator), and shall employ at a minimum a double containment system whereby if the first containment system fails, a second containment system shall be present to prevent releases of Hazardous Materials. The AST shall be installed by a contractor engaged by Tenant and reasonably approved by Landlord, at Tenant's sole cost and expense. For these purposes, a sealed, uncracked concrete basement slab containment area without drains shall be sufficient to constitute the second containment system, provided it is large enough to completely contain a release of the maximum volume of Hazardous Materials which could be present in the first containment system. All handling, use, storage and disposal of Hazardous Materials relating to the AST and/or the Generator shall be accomplished by Tenant at its sole cost and expense. Upon the expiration or earlier termination of the Term of this Lease, Tenant agrees to (i) promptly remove from the Facility, at its sole cost and expense, the AST (including the basement slab) and the Generator and all Hazardous Materials which are brought upon, stored, used, generated or released upon, in, under or about the Facility or any portion thereof by Tenant or its agents, employees or contractors, and (ii) return the location to install, connect substantially the condition in which it existed prior to Tenant's installation. Tenant shall be solely responsible for complying with any and all Environmental Laws relating to the BuildingAST, operate the Generator and/or Hazardous Materials associated with either of the same, including, without limitation, all permitting obligations. For purposes of the Environmental Laws, Tenant shall be the owner and maintain a diesel back-up electrical generator operator of the AST. Tenant shall be responsible for ensuring compliance by all of Tenant's agents, employees and contractors with all related equipment switching gearEnvironmental Laws relating to the AST and/or the Generator. Any acknowledgment, conduit and equipment mounts (collectively, “Generator”) screened from public view to be located in a location in the Complex mutually agreed upon consent or approval by Landlord of Tenant's use or handling of Hazardous Materials in connection with the AST and Tenant. The installation of the Generator shall be subject to all conditions not constitute an assumption of risk respecting the same nor a warranty or certification by Landlord that Tenant's proposed use and requirements as provided for handling of Hazardous Materials is safe or reasonable or in Section 10 hereof. Landlord reserves the right to relocate the Generator from compliance with Environmental Laws. 43.2 From time to time at Landlord’s cost during the Term and expensefor up to sixty (60) days thereafter, Landlord may, and upon Landlord's request, Tenant shall, retain a registered environmental consultant (the "CONSULTANT") reasonably acceptable to install its own generator providing back-up power Landlord to conduct an investigation of the Common Areas and emergency lighting in Facility (the Complex in "ENVIRONMENTAL ASSESSMENT") (i) for petroleum or diesel fuel contamination in, about or beneath the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to Facility arising from the AST and/or the Generator, and (ii) to assess the activities of Tenant and all related costs, of Tenant's Parties for compliance with Environmental Laws relative to the AST and/or the Generator and to recommend the use of procedures intended to reasonably reduce the risk of a release of petroleum or diesel fuel. The cost of the Environmental Assessment shall be the sole responsibility of TenantLandlord; provided, subject to Landlord’s reasonable direction and control. Landlord shall supply however, if there is a release or if a third-party consultant's report or assessment indicates that there has been a release of petroleum or diesel fuel on, at or from the AST or the Generator, which violates or may be deemed to or may ultimately result in a violation of any Environmental Laws, Tenant shall reimburse Landlord for the Generator cost of the Environmental Assessment within ten (10) days after Tenant's receipt of written demand therefor which is accompanied by a copy of the invoice from the central tank at Consultant and a copy of the Building which the Environmental Assessment. If Landlord so requires, Tenant shall maintain comply, at its sole cost and expense, but with all recommendations contained in the Environmental Assessment, including any reasonable recommendations with respect to precautions which should be taken with respect to Tenant's or Tenant's Parties' activities at the Project relative to the AST and/or the Generator or any recommendations for additional testing and studies to detect the presence of petroleum or diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense). Notwithstanding anything relative to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant’s business in the Leased Premises. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of AST and/or the Generator. Tenant shall be responsible for obtaining all licenses, permits covenants to reasonably cooperate with the Consultant and approvals to allow entry and reasonable access to the AST and the Generator for the use and operation purpose of the GeneratorConsultant's investigation. E. Parking Spaces occupied by 43.3 In the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related to the existence and operation of event the Generator, except AST or any associated equipment or system is located in any parking area, the spaces so taken or used for such purpose shall count toward the number of parking spaces afforded to Tenant under the extent that such claims and liabilities are Lease. 43.4 The provisions of this Article 43 will survive the result expiration or earlier termination of the gross negligence or willful misconduct Term of any of the Landlord Partiesthis Lease. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. Without waiver of the provisions of the first paragraph of this Section 6.2.5, Tenant shall be permittedhave the right, at its sole cost expense, subject to Tenant obtaining all requisite permits and expenseotherwise in compliance with all applicable codes and laws, to install, connect maintain, repair, replace and operate a emergency generator having a capacity no greater than what is then permitted by the applicable local building code (the generator is referred to as the Building, operate and maintain a diesel back-up electrical generator and all related equipment switching gear, conduit and equipment mounts (collectively, “Generator”) screened from public view to be located in a mutually acceptable location (the “Generator Area”), provided Tenant shall promptly repair any damage caused to the Building or to the Property caused by reason of such installation and operation. Tenant shall not install the Generator in the Complex mutually agreed Generator Area without Landlord’s prior approval of the manner of and the plans and specifications for such installation and screening if reasonably required by Landlord. If such installation shall result in an increase in premiums for Landlord’s insurance coverage for the Building, then Tenant shall be liable for the increase as Additional Rent hereunder. B. Tenant agrees that upon the expiration or earlier termination of this Lease, Tenant shall, in accordance with subsection 6.1.9 hereof, remove the Generator, at Tenant’s expense, and promptly repair and restore any damage to the Property or the Building due to such removal. If the Generator is not so removed by Tenant upon the expiration of the term of this Lease, then it shall become the property of Landlord and, if Landlord so elects, Landlord shall remove the same and charge Tenant for the cost of removal, including costs, if any, associated with restoration of the Property due to such removal. C. Tenant shall indemnify, defend and hold harmless Landlord from and against any and all claims, costs, expenses, fees or suits arising out of accidents, damage, injury or loss to any and all persons and property, arising from the installation, maintenance, operation and repair of the Generator, unless caused by the fault or negligence of Landlord, its agents, employees and contractors. Tenant shall obtain insurance coverage for the benefit of Landlord and Tenantits managing agent in such amount and of such type as Landlord may reasonably require. D The installation installation, maintenance and operation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. Landlord reserves the right to relocate the Generator from time to time at Landlord’s cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generator, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord’s reasonable direction and control. Landlord shall supply diesel fuel for the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed expense, and maintained at Tenant’s sole cost and expense). Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal performed in a manner and method reasonably satisfactory to Landlord. D. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working order. The Generator shall be used solely for purposes of Tenant’s business in the Leased Premises. The use and operation of the Generator shall comply accordance with all applicable provisions laws and requirements of this Lease Agreement. In no event shall the maintenanceapplicable governmental authorities, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. E. Parking Spaces occupied by the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant otherwise in accordance with the terms and provisions of Exhibit C. F. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims and liabilities of every kind or nature related this Lease (including but not limited to the existence and operation of the Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord PartiesSection 6.2.2 hereof). G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. Tenant shall be permitted, at its sole cost and expense, to install, connect to the Building, operate and maintain a diesel back-up electrical generator and all related equipment such as above-ground fuel tanks, switching gear, conduit and equipment mounts (collectively, “Generator”) screened from public view to be located on the Leased Premises in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. So long as Tenant’s back-up power is not interrupted, Landlord reserves the right to relocate the Generator from time to time at Landlord’s 's cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generatorthereto, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord’s 's reasonable direction and control. Landlord shall supply diesel have no obligation to provide fuel for or any utilities to the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense)Generator. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. tanks. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. C. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”outage, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working orderorder and that it complies with all applicable laws. The Generator shall be used solely for purposes of Tenant’s 's business in at the Leased PremisesBuilding. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the use and operation of the Generator. E. Parking Spaces occupied by D. Tenant shall not be required to pay rent for the right to install, connect, operate and maintain the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C.Leased Premises. F. E. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims claims and liabilities of every kind or nature related to the existence and operation of the Generator and/or the Landlord Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.

Back-up Generator. A. Tenant shall be permitted, at its sole cost and expense, to install, connect to the Building, operate and maintain a diesel back-up electrical generator and all related equipment such as switching gear, conduit and equipment mounts (collectively, “"Generator”") screened from public view to be located on the Leased Premises in a location in the Complex mutually agreed upon by Landlord and Tenant. The installation of the Generator shall be subject to all conditions and requirements as provided for in Section 10 hereof. So long as Tenant's back-up power is not interrupted, Landlord reserves the right to relocate the Generator from time to time at Landlord’s 's cost and expense, and to install its own generator providing back-up power to the Common Areas and emergency lighting in the Complex in the same area as Tenant’s Generator. B. The installation, maintenance, repair, replacement, removal and repair of any damage relating to the Generatorthereto, and all related costs, shall be the sole responsibility of Tenant, subject to Landlord’s 's reasonable direction and control. Landlord shall supply diesel have no obligation to provide fuel for or any utilities to the Generator from the central tank at the Building which the Landlord shall maintain at its sole cost and expense, but with the diesel fuel drawn from same by Tenant to be at Tenant’s sole cost and expense based on a meter (also to be installed and maintained at Tenant’s sole cost and expense)Generator. Notwithstanding anything to the contrary contained herein, in no event shall Tenant be permitted to install or maintain on or about the Leased Premises or the Building any underground fuel storage tanks or any diesel fuel tanks of its own. C. tanks. Upon the expiration or termination of this Lease Agreement, or at such time as Tenant decides that it no longer wishes to maintain the Generator, Tenant shall be obligated to remove the Generator and all related or ancillary equipment, wiring, and the like, and Tenant shall repair any damage caused by the installation and use of the Generator and by such removal in a manner and method reasonably satisfactory to Landlord. D. C. The Generator shall be used solely for the generation of emergency power in the event of and only for the duration of a power outage or “brownout”outage, or interruption of electrical service to the Building. Tenant shall be permitted to periodically test the Generator to confirm that it is in good working orderorder and that it complies with all applicable laws. The Generator shall be used solely for purposes of Tenant’s 's business in at the Leased PremisesBuilding. The use and operation of the Generator shall comply with all applicable provisions of this Lease Agreement. In no event shall the maintenance, use and operation of the Generator interfere with any of the systems of the Building. Tenant shall comply with all laws applicable to the use and operation of the Generator. Tenant shall be responsible for obtaining all licenses, permits and approvals for the installation, use and operation of the Generator. E. Parking Spaces occupied by D. Tenant shall not be required to pay rent for the right to install, connect, operate and maintain the Generator shall be considered unreserved Parking Spaces (as defined on Exhibit C) utilized by Tenant and shall be paid for by Tenant in accordance with the terms and provisions of Exhibit C.Leased Premises. F. E. Tenant shall defend, indemnify and hold the Landlord Parties harmless from and against all Claims claims and liabilities of every kind or nature related to the existence and operation of the Generator and/or the Landlord Generator, except to the extent that such claims and liabilities are the result of the gross negligence or willful misconduct of any of the Landlord Parties. G. Throughout the Term, Landlord shall maintain a separate back-up power generator serving the Common Areas and emergency lighting in the Complex.