Common use of Building Generator Clause in Contracts

Building Generator. As of the Commencement Date, the Building will be served by an emergency generator (the “Building Generator”). The Building Generator will provide standby power for tenants of the Building, as well as support for the life safety systems of the Building. Subject to the terms of this Section 2.1(e), during the Term of this Lease, Tenant shall have the right to connect its equipment in the Premises to the Building Generator and to use the applicable electrical capacity set forth in the Base Building Work Matrix. The type and manner of connection of Tenant’s connection to the Building Generator shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Any connection to the Building Generator shall be at the sole cost and expense of Tenant. Any and all use by Tenant of the Building Generator shall be subject to such rules and guidelines as may be adopted from time to time by Landlord with respect thereto, and to all applicable Laws. Any and all work and improvements performed by Tenant in connection with the Building Generator (including installing, repairing, operating and removing conduits and connections from the Building Generator to the Premises) shall be considered to be an Alteration and shall be subject to Landlord’s review and prior written approval in all respects. The use of the Building Generator will be provided on an “as is,” “where is” basis, with no representations or warranties, of any kind, with respect to the Building Generator. Without limitation, in no event shall Tenant have a claim for any compensation or reduction or abatement of Rent arising out of or resulting from any interruption or failure of operation of the Building Generator. Notwithstanding the foregoing, Landlord may elect, at its sole cost and expense, any time or from time to time, upon not less than thirty (30) days prior notice to Tenant, to substitute an alternative generator (an “Alternative Generator”) in the Building for the Building Generator, and to relocate Tenant’s connections from the Building Generator to such Alternative Generator, in which event the Alternative Generator shall be considered to be the “Building Generator” for all purposes under this Lease.

Building Generator. As of A. Pursuant to request by Tenant and Nextel South Corp (the Commencement Date“Other Tenant”), the Landlord agrees to install a Building will be served by an emergency generator (the “Building Generator”)) having a minimum capacity of 275 KVA. The Building Landlord’s agreement is subject to Landlord receiving all governmental permits and approvals applicable to such installation. Tenant shall be entitled to have the Premises served by an amount of load on the Generator will provide standby power for tenants which does not exceed the amount as requested by Tenant and approved by Landlord. Tenant’s use of the Building, as well as support for the life safety systems Generator is subject to (i) Landlord’s rules and regulations which it adopts from time to time and (ii) Tenant obtaining all governmental permits and approvals applicable to such use. Tenant’s use of the BuildingGenerator is also subject to all applicable governmental requirements including, without limitation, requirements which directly or indirectly necessitate a reduction in the permitted amount of Tenant’s load on the generator, and in no event shall Landlord have any liability nor shall Tenant have any claim against Landlord based on such reduction in the permitted amount of Tenant’s load on the generator. Subject However, absent such governmental requirements, Landlord agrees that notwithstanding the foregoing including Landlord’s adoption of rules and regulations, Landlord will not reduce the capacity allotted to Tenant below 100 KVA. In the terms event Tenant uses more of this Section 2.1(ethe Generator capacity than is approved in writing by Landlord (as such amount may be subsequently reduced due to applicable governmental requirements), during (i) in addition to exercising its default remedies under the Term Lease, Landlord shall be permitted to immediately take all actions necessary to discontinue Tenant’s use of this the Generator including without limitation disconnecting any of Tenant’s installations to or involving the Generator, (ii) Tenant shall upon demand reimburse Landlord for its out of pocket costs of taking such actions together with an administrative overhead charge equal to 15% of the such costs and (iii) Tenant shall indemnify and hold harmless Landlord from any liability or claim resulting from Tenant’s improper use of the generator including without limitation claims of third parties using the Generator who are adversely affected by Tenant’s improper use of the Generator. Upon expiration or earlier termination of the Lease, Tenant shall have as directed by Landlord remove all cabling and related installations by which Tenant accesses the right to connect its equipment in the Premises to the Building Generator and to use the applicable electrical capacity set forth in the Base Building Work Matrix. The type and manner of connection of Tenant’s connection to the Building Generator shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Any connection to the Building Generator shall be at the sole cost and expense of Tenant. Any and all use by Tenant restore affected parts of the Building Generator shall be subject to such rules and guidelines as may be adopted from time to time by Landlord with respect thereto, and to all applicable Lawstheir former condition. Any and all work and improvements performed by Tenant in connection with Notwithstanding the Building Generator (including installing, repairing, operating and removing conduits and connections from the Building Generator to the Premises) shall be considered to be an Alteration and shall be subject to Landlord’s review and prior written approval in all respects. The use of the Building Generator will be provided on an “as is,” “where is” basis, with no representations or warranties, of any kind, with respect to the Building Generator. Without limitationforegoing, in no event shall Tenant have or its agents and/or contractors physically access the Generator without the prior written consent of Landlord. Landlord may elect to cause any installations on Tenant’s behalf involving the Generator to be performed by contractors selected by Landlord, and any resulting costs shall be payable by Tenant to Landlord together with administrative overhead charge equal to 15% of the foregoing costs. Except on a claim for any compensation or reduction or abatement of Rent arising out of or resulting from any interruption or failure of temporary basis as reasonably needed due to repairs, maintenance, replacement and operation of the Building Generator, Landlord will not discontinue Tenant’s use of the Generator unless (i) the Lease or Tenant’s possession of the Premises are terminated in accordance with the Lease or (ii) Tenant fully vacates or abandons the Premises. Further, the Landlord will notify the Tenant in writing after the Landlord receives any notice from any governmental entity(s) imposing a requirement that will result in Tenant’s allocated capacity being reduced. Tenant shall, at such point, have the reasonable opportunity to participate in the Landlord’s discussions with such governmental entity to determine whether there is a commercially reasonable alternative to any such reduction in Tenant’s allocated capacity unless Landlord reasonably determines that Tenant’s participation will impair Landlord’s negotiations with the governmental entity. B. Except for ongoing maintenance costs referenced below, all costs related to the Generator shall be shared by Tenant and Other Tenant. Tenant’s share is a fraction, the numerator of which is the amount of Tenant’s design load on the Generator and the denominator of which is the total design load of Tenant and Other Tenant on the Generator. The costs to be shared by Tenant and Other Tenant include, without limitation, consultant fees, attorneys fees, design fees together with costs of purchasing and installing the Generator and Landlord’s administrative overhead charge equal to 15% of the foregoing costs. C. Ongoing maintenance costs (including Landlord’s administrative overhead charge equal to 15% of such maintenance costs) related to operation of the Generator shall be shared by Tenant, Other Tenant, Landlord and any other party that Landlord may permit to utilize capacity of the Generator. Tenant’s share is a fraction, the numerator of which is the amount of Tenant’s design load on the Generator and the denominator of which is the total design load of Tenant, Other Tenant, Landlord and any other party that Landlord may permit to utilize capacity of the Generator. Landlord agrees that it will not permit any party other than Landlord to utilize capacity of the Generator to an extent that capacity of the Generator available to Tenant is less than 100 KVA. Notwithstanding the foregoing, Landlord may electagrees that it will not permit any party (other than Landlord under the governmental requirements exception set forth in 2A above) to utilize capacity of the Generator to the extent that capacity of the Generator available to Tenant is less than 100 KVA. D. Landlord shall, at its sole cost and expense, any time or from time to time, upon invoice Tenant for its share of the costs regarding the Generator as described above, and Tenant shall pay such invoice within 30 days following receipt of same. Notwithstanding anything herein or in the Lease to the contrary, Landlord’s share of ongoing maintenance costs related to operation of the Generator are properly included by Landlord in Basic Costs. E. Landlord shall not less than thirty (30) days prior notice be liable, except in cases of Landlord’s willful misconduct, for any damages directly or indirectly relating to the Generator, including without limitation, any failure of the Generator to operate. No such failure shall be construed as an eviction of Tenant, nor shall the same relieve Tenant from any obligation to substitute an alternative generator perform any covenant or agreement under the Lease, nor shall the same entitle Tenant to any abatement of Rent or any right to terminate the Lease. Moreover, no such failure shall subject Landlord to any liability for Tenant’s damages resulting from such failure (an “Alternative Generator”) in the Building for the Building Generatorwhich damages may include, without limitation, lost productivity, loss of business and damage to any of Tenant’s equipment), and to relocate Tenant hereby expressly waives any such damages. Landlord has not made and hereby expressly disclaims any representation or warranty regarding operation of the Generator or its fitness for any of Tenant’s connections purposes. Tenant shall indemnify and hold harmless Landlord from any liability in connection with Tenant’s use of the Building Generator to such Alternative Generator, which is either improper or in which event the Alternative Generator shall be considered to be the “Building Generator” for all purposes under violation of this LeaseSecond Amendment.

Building Generator. As of the Commencement Date, the Building will be served by an emergency generator (the “Building Generator”). The Building Generator will provide standby power for tenants of the Building, as well as support for the life safety systems of the Building. Subject to the terms of this Section 2.1(e), during the Term of this Lease, Tenant shall have the right to connect its equipment in the Premises to the Building Generator and to use 5 ▇▇▇▇▇ (demand load) per rentable square foot of the applicable electrical capacity set forth in the Base Building Work MatrixPremises. The type and manner of connection of Tenant’s connection to the Building Generator shall be subject to the prior approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Any connection to the Building Generator shall be at the sole cost and expense of Tenant. Any and all use by Tenant of the Building Generator shall be subject to such reasonable rules and guidelines as may be adopted from time to time by Landlord with respect thereto, and to all applicable Laws. Any and all work and improvements performed by Tenant in connection with the Building Generator (including installing, repairing, operating and removing conduits and connections from the Building Generator to the Premises) shall be considered to be an Alteration and shall be subject to Landlord’s review and prior written approval in all respects. The use of the Building Generator will be provided on an “as is,” “where is” basis, with no representations or warranties, of any kind, with respect to the Building Generator. Landlord’s sole obligations to Tenant with respect to the Building Generator shall be to (i) contract with a reputable third party (“Generator Servicer”) to maintain the Building Generator in accordance with the manufacturer’s standard maintenance guidelines, and (ii) turn on the Building Generator at least once per month to confirm that the Building Generator is operational. Landlord shall have no obligation to supervise, oversee or confirm that the Generator Servicer is maintaining the Building Generator in accordance with the manufacturer’s standard guidelines or otherwise, and Landlord shall have no obligation or liability to Tenant in the event that the Building Generator is not operational. Without limitation, in no event shall Tenant have a claim for any compensation or reduction or abatement of Rent arising out of or resulting from any interruption or failure of operation of the Building Generator. Notwithstanding the foregoing, Landlord may elect, at its sole cost and expense, any time or from time to time, upon not less than thirty (30) days prior notice to Tenant, to substitute an alternative generator (an “Alternative Generator”) in the Building for the Building Generator, and to relocate Tenant’s connections from the Building Generator to such Alternative Generator, Generator in which event the Alternative Generator shall be considered to be the “Building Generator” for all purposes under this Lease; provided, however (x) all shutoffs of the Building Generator shall occur outside of Normal Business Hours, and (y) such relocation shall not materially and adversely detract from the use of the Building Generator by Tenant.