Common use of Back-up Power Clause in Contracts

Back-up Power. In the event of a power outage affecting the Leased Premises, the Tenant shall, subject to the terms of this provision, be entitled to the use, in common with other tenants, the back up generator located in the Building (the "Back Up Generator") for the term of the Lease and any extension of term thereafter. The Tenant acknowledges that the Landlord has entered into an ongoing maintenance contract with respect to the Back Up Generator and that the Landlord shall be responsible for the regular ongoing maintenance provided that all costs of such maintenance including any repairs and replacements of the Back Up Generator or any part thereof from time to time shall be charged by the Landlord to the Tenant as part of Operating Costs. Prior to being entitled to make use of the Back Up Generator, the Tenant shall, at its sole cost, install such harmonic filters and other equipment as the Landlord may reasonably require for the effective use of the Back Up Generator. In the event of power failure, the Tenant shall only be entitled to use a portion of the Back Up Generator's capacity equal to its Proportionate Share of such capacity. The Tenant shall indemnify and hold harmless the Landlord for any and all costs, expenses, claims or charges of any nature or kind arising from the Tenant's use of the Back Up Generator. It is understood and agreed between the parties that should the Tenant's usage exceed its Proportionate Share of the total capacity of the Back Up Generator, the Landlord shall be entitled to require the Tenant to install its own additional back up generator at the Tenant's sole cost provided always that the terms of such installation shall meet the reasonable requirements of the Landlord in terms of its location, the work to be performed, the parties performing such work and all other aspects relating to such installation. Without restricting the generality of the foregoing, the Tenant shall indemnify and save the Landlord harmless from any and all damage to the Building arising from such installation and shall make good and repair such damage. On expiry of the Term, the Tenant shall remove such additional back up generator at its sole cost and repair any and all damage in any way arising from such removal. The Landlord shall be entitled to require that any additional back up generator meet with its reasonable requirements and the Tenant shall ensure that such additional back up generator does not in any way interfere with the existing Back Up Generator or disturb the use of the Building by any other tenant.

Back-up Power. In the event of a power outage affecting the Leased Premises, the Tenant shallshall be entitled, subject to the terms provisions of this provisionSection 8.3.3, be entitled at Tenant’s sole cost and expense, to install one (1) emergency backup generator for the provision of electricity to the usePremises in the event electricity is not otherwise available to the Premises (the “Tenant Generator”). Tenant shall have the right to install such fuel tanks, fuel lines, additional risers, conduits, feeders, switchboards, appurtenances and/or additional electrical equipment in common with other tenants, the back up generator located in Premises and/or the Building (the "Back Up Generator"“Tenant Electrical Equipment”) as may be necessary for the term use of the Lease Tenant Generator for service to the Premises and which complies and is consistent with the specifications for the Tenant Generator and the Tenant Electrical Equipment approved by Landlord as provided herein. Landlord shall have the right to approve plans and specifications for such Tenant Generator and the Tenant Electrical Equipment (“Generator Plans”), which approval shall not be unreasonably withheld. Such Generator Plans shall include reasonable screening devices and other appropriate reasonable improvements intended to visually screen the Tenant Generator and Tenant Electrical Equipment from view by visitors and tenants in the Project and to mitigate the penetration of noise or vibration from such Tenant Generator and Tenant Electrical Equipment into the Common Areas. Landlord’s prior written approval must be obtained by Tenant as to the location of the Tenant Generator and Tenant Electrical Equipment in the Project as well as the aesthetic and security aspects of the Tenant Generator and the Tenant Electrical Equipment to make sure they are consistent with the quality of the Building and the Project, provided that any extension aesthetic or security aspects of term thereafterthe installation of the Tenant Generator that are set forth on the Generator Plans approved by Landlord shall not require any further approval by Landlord hereunder. The Tenant acknowledges that Generator and Tenant Electrical Equipment shall not create any material adverse impact on the Building Systems or on the Project and must comply with (i) the Generator Plans as approved by Landlord, and (ii) applicable insurance regulations and applicable Laws. No work on the installation of the Tenant Generator shall be undertaken unless and until Landlord has entered into an ongoing maintenance contract with respect to reviewed and approved the Back Up Generator Plans. After installation, at Tenant’s sole expense, Tenant shall insure the Tenant Generator and that the Landlord shall be responsible for the regular ongoing maintenance provided that all costs of such maintenance including any repairs and replacements of the Back Up Generator or any part thereof from time to time shall be charged by the Landlord to the Tenant Electrical Equipment as part of Operating CostsTenant’s property consistent with the provisions of Section 11.2 below, and Tenant, through Tenant’s contractor reasonably approved by Landlord, shall maintain and repair the Tenant Generator and Tenant Electrical Equipment in accordance with the provisions of Section 9.2 below. Prior to being entitled to make use Upon expiration or any earlier termination of the Back Up Generatorthis Lease, the at Landlord’s request, Tenant shall, at its Tenant’s sole costexpense, install such harmonic filters and other equipment as the Landlord may reasonably require for the effective use of the Back Up Generator. In the event of power failure, remove the Tenant shall only be entitled to use a portion of the Back Up Generator's capacity equal to its Proportionate Share of such capacity. The Generator and Tenant shall indemnify Electrical Equipment and hold harmless the Landlord for any and all costs, expenses, claims or charges of any nature or kind arising from the Tenant's use of the Back Up Generator. It is understood and agreed between the parties that should the Tenant's usage exceed its Proportionate Share of the total capacity of the Back Up Generator, the Landlord shall be entitled to require the Tenant to install its own additional back up generator at the Tenant's sole cost provided always that the terms of such installation shall meet the reasonable requirements of the Landlord in terms of its location, the work to be performed, the parties performing such work and all other aspects relating to such installation. Without restricting the generality of the foregoing, the Tenant shall indemnify and save the Landlord harmless from any and repair all damage to the Building arising from Project or any improvements therein caused by such installation removal, including removal of the diesel fuel tank and related equipment and restoration of the portion of the Common Areas used to house such equipment. All testing, inspection, repair and replacement of the Tenant Generator and Tenant Electrical Equipment shall be conducted by Tenant at Tenant’s expense upon reasonable prior notice to Landlord or on a schedule reasonably approved by Landlord, and shall make good and repair be conducted at such damagetime(s) that will cause the least disruption to the operations of other tenants in the Project as is reasonably practicable. On expiry Upon the expiration or earlier termination of this Lease, Tenant shall provide Landlord with a report from a qualified environmental consultant which confirms that there has been no leakage of diesel fuel outside of the Term, diesel fuel tank installed by Tenant in connection with the Tenant Generator, or if there has been any such leakage, Tenant shall remove immediately remediate such additional back up generator leakage at its Tenant’s sole cost and repair any expense and all damage in any way arising from such removal. The Landlord shall be entitled to require that any additional back up generator meet with its reasonable requirements and the Tenant shall ensure that indemnify the Landlord Indemnified Parties in accordance with Section 11.1 with respect to such additional back up generator does not in any way interfere with the existing Back Up Generator or disturb the use of the Building by any other tenantleakage.

Back-up Power. In Tenant desires back-up emergency power for the ------------- operation of Tenant's business in the Premises in the event of a power outage affecting failure in the Leased Premises, which emergency back-up power shall be provided through one of the following methods as mutually determined by Landlord and Tenant during the preparation of the Working Drawings for the Tenant shall, subject Improvements pursuant to the terms of this provisionTenant Work Letter: (i) from a new emergency generator to be installed by Landlord on the Real Property, be entitled which generator includes the generator itself, an automatic transfer switch, distribution boards, conduit and wire directly attributable to emergency power distribution, and fuel tank (collectively , the "EMERGENCY GENERATOR"), with connections to the usePremises via electrical cabling to be installed by Landlord pursuant to the Tenant Work Letter during the construction of the initial Tenant Improvements; or (ii) Tenant's own portable emergency generator to be brought onto the Real Property during such power failure and connected to the Premises via a "▇▇▇▇▇▇▇ PLUG" and with connections to the Premises via electrical cabling to be installed by Landlord pursuant to the Tenant Work Letter during the construction of the initial Tenant Improvements. The cost of acquisition and installation of the Emergency Generator (or ▇▇▇▇▇▇▇ Plug) and related electrical cabling shall be paid for by Landlord, in common with other tenants, while the back up cost of Tenant's own emergency generator located in the Building event the ▇▇▇▇▇▇▇ Plug is installed shall be paid for by Tenant; provided, however, Tenant shall reimburse Landlord on a monthly basis, as Additional Rent, for Tenant's pro rata share of the actual cost of acquisition and installation (amortized on a monthly basis over the "Back Up Generator"period which is the earlier of (A) for the term portion of the Lease and any extension Term remaining following installation of term thereafterthe Emergency Generator or (B) the useful life of the Emergency Generator, as reasonably determined by Landlord), use, operation, repair and, if necessary, replacement of the Emergency Generator if installed pursuant to (i) hereinabove. The Tenant acknowledges that Such pro rata share shall be determined based upon the Landlord has entered into an ongoing maintenance contract with respect ratio of the amperage capacity reserved or required for Tenant's emergency power use to the Back Up Generator and that the Landlord shall be responsible for the regular ongoing maintenance provided that all costs of such maintenance including any repairs and replacements of the Back Up Generator or any part thereof from time to time shall be charged by the Landlord to the Tenant as part of Operating Costs. Prior to being entitled to make use of the Back Up Generator, the Tenant shall, at its sole cost, install such harmonic filters and other equipment as the Landlord may reasonably require for the effective use of the Back Up Generator. In the event of power failure, the Tenant shall only be entitled to use a portion of the Back Up Generator's capacity equal to its Proportionate Share of such capacity. The Tenant shall indemnify and hold harmless the Landlord for any and all costs, expenses, claims or charges of any nature or kind arising from the Tenant's use of the Back Up Generator. It is understood and agreed between the parties that should the Tenant's usage exceed its Proportionate Share of the total amperage capacity of the Back Up Emergency Generator, the . Landlord shall be entitled to require the Tenant to install its own additional back up generator at the Tenant's sole cost provided always makes no representations or warranties whatsoever that the terms of such installation shall meet Emergency Generator and/or ▇▇▇▇▇▇▇ Plug (and related cabling and connections) will provide sufficient back-up power for the reasonable requirements of the Landlord in terms of its location, the work to be performed, the parties performing such work and all other aspects relating to such installation. Without restricting the generality of the foregoing, the Tenant shall indemnify and save the Landlord harmless from any and all damage to the Building arising from such installation and shall make good and repair such damage. On expiry of the Term, the Tenant shall remove such additional back up generator at its sole cost and repair any and all damage in any way arising from such removal. The Landlord shall be entitled to require that any additional back up generator meet with its reasonable requirements and the Tenant shall ensure that such additional back up generator does not in any way interfere with the existing Back Up Generator Premises or disturb the use of the Building by any other tenantare suitable for their intended purposes.