Common use of Back Up Power Clause in Contracts

Back Up Power. Tenant desires back-up emergency power for the ------------- operation of Tenant's business in the Premises in the event of a power failure in the 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 Improvements pursuant to the Tenant Work Letter: (i) from a new emergency generator to be installed by Landlord on the Real Property, 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 Premises 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, while the cost of Tenant's own emergency generator in the 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 period which is the earlier of (A) the portion of the Lease Term remaining following installation of the 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. Such pro rata share shall be determined based upon the ratio of the amperage capacity reserved or required for Tenant's emergency power use to the total amperage capacity of the Emergency Generator. Landlord makes no representations or warranties whatsoever that the Emergency Generator and/or ▇▇▇▇▇▇▇ Plug (and related cabling and connections) will provide sufficient back-up power for the Premises or are suitable for their intended purposes.

Back Up Power. Tenant desires back-up emergency power for the ------------- operation of Tenant's business in the Premises in In the event of a power failure 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 Premises, which emergency back-up power 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 through one that all costs of such maintenance including any repairs and replacements of the following methods as mutually determined Back Up Generator or any part thereof from time to time shall be charged by the Landlord and Tenant during the preparation of the Working Drawings for the Tenant Improvements pursuant to the Tenant Work Letter: (i) from a new emergency generator as part of Operating Costs. Prior to be installed by Landlord on being entitled to make use of the Real Property, 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 Back Up Generator, the "EMERGENCY GENERATOR")Tenant shall, with connections to at its sole cost, install such harmonic filters and other equipment as the Premises via electrical cabling to be installed by Landlord pursuant to may reasonably require for the effective use of the Back Up Generator. In the event of power failure, the Tenant Work Letter during the construction of the initial Tenant Improvements; or (ii) Tenant's own portable emergency generator shall only be entitled to be brought onto the Real Property during such power failure and connected to the Premises via use 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, while the cost of Tenant's own emergency generator in the 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 period which is the earlier of (A) the portion of the Lease Term remaining following installation 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 Emergency Generator or (B) Back Up Generator. It is understood and agreed between the useful life parties that should the Tenant's usage exceed its Proportionate Share 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. Such pro rata share shall be determined based upon the ratio of the amperage capacity reserved or required for Tenant's emergency power use to the total amperage capacity of the Emergency Back Up Generator. , the Landlord makes no representations or warranties whatsoever 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 Emergency 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 and/or ▇▇▇▇▇▇▇ Plug (and related cabling and connections) will provide sufficient back-up power for or disturb the Premises or are suitable for their intended purposesuse of the Building by any other tenant.

Back Up Power. Tenant desires back-up shall be entitled, subject to the provisions of this Section 8.3.3, at Tenant’s sole cost and expense, to install one (1) emergency power backup generator for the ------------- operation provision of Tenant's business in electricity to the Premises in the event of a power failure 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 the Premises, which emergency back-up power shall Premises and/or the Building (“Tenant Electrical Equipment”) as may be provided through one necessary for the use of the following methods as mutually determined by Landlord Tenant Generator for service to the Premises and Tenant during which complies and is consistent with the preparation of the Working Drawings specifications for the Tenant Improvements pursuant 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 Work Letter: 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 aesthetic or security aspects of the 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 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) from a new emergency generator to be installed the Generator Plans as approved by Landlord on the Real Property, which generator includes the generator itself, an automatic transfer switch, distribution boards, conduit and wire directly attributable to emergency power distributionLandlord, and fuel tank (collectively , the "EMERGENCY GENERATOR"), 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; or (ii) Tenant's own portable emergency generator to be brought onto applicable insurance regulations and applicable Laws. No work on 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 Tenant Generator (or ▇▇▇▇▇▇▇ Plug) and related electrical cabling shall be paid for undertaken unless and until Landlord has reviewed and approved the Generator Plans. After installation, at Tenant’s sole expense, Tenant shall insure the Tenant Generator and Tenant Electrical Equipment as part of Tenant’s property consistent with the provisions of Section 11.2 below, and Tenant, through Tenant’s contractor reasonably approved by Landlord, while shall maintain and repair the cost Tenant Generator and Tenant Electrical Equipment in accordance with the provisions of Tenant's own emergency generator in the event the ▇▇▇▇▇▇▇ Plug is installed shall be paid for by Tenant; providedSection 9.2 below. Upon expiration or any earlier termination of this Lease, howeverat Landlord’s request, Tenant shall reimburse Landlord on a monthly basisshall, as Additional Rentat Tenant’s sole expense, for Tenant's pro rata share remove the Tenant Generator and Tenant Electrical Equipment and repair all damage to the Project or any improvements therein caused by such removal, including removal of the actual cost diesel fuel tank and related equipment and restoration of acquisition and installation (amortized on a monthly basis over the period which is the earlier of (A) the portion of the Lease Term remaining following installation of the Emergency Generator or (B) the useful life of the Emergency GeneratorCommon Areas used to house such equipment. All testing, as reasonably determined by Landlord), use, operationinspection, repair and, if necessary, and replacement of the Emergency Tenant Generator if installed pursuant to (i) hereinabove. Such pro rata share and Tenant Electrical Equipment shall be determined based conducted by Tenant at Tenant’s expense upon reasonable prior notice to Landlord or on a schedule reasonably approved by Landlord, and shall be conducted at such time(s) that will cause the ratio least disruption to the operations of other tenants in the Project as is reasonably practicable. 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 amperage capacity reserved diesel fuel tank installed by Tenant in connection with the Tenant Generator, or required for if there has been any such leakage, Tenant shall immediately remediate such leakage at Tenant's emergency power use ’s sole cost and expense and Tenant shall indemnify the Landlord Indemnified Parties in accordance with Section 11.1 with respect to the total amperage capacity of the Emergency Generator. Landlord makes no representations or warranties whatsoever that the Emergency Generator and/or ▇▇▇▇▇▇▇ Plug (and related cabling and connections) will provide sufficient back-up power for the Premises or are suitable for their intended purposessuch leakage.